Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 1 of 11 PageID #: 133
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`C.A. No. 17-386 (VAC)(CJB)
`
`JURY TRIAL DEMANDED
`
`TECHNO VIEW IP, INC.,
`
`
`
`
`
`OCULUS VR, LLC and
`FACEBOOK, INC.,
`
`
`
`
` Plaintiff,
`
`Defendants.
`
`
`
`
`
`v.
`
`
`
`OCULUS VR, LLC, AND FACEBOOK, INC.’S ANSWER
`AND DEFENSES TO PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`Defendants Oculus VR, LLC (“Oculus”) and Facebook, Inc. (“Facebook”) (collectively,
`
`“Defendants”) answer the First Amended Complaint (D.I. 8) of Plaintiff Techno View IP, Inc.
`
`(“TVIP”) as follows. To the extent not expressly admitted herein, Defendants deny all
`
`allegations recited in the First Amended Complaint.
`
`PARTIES
`
`1.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 1, and therefore deny them.
`
`2.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 2, and therefore deny them.
`
`3.
`
`Oculus admits that it is a limited liability company organized and doing business
`
`under the laws of the State of Delaware.
`
`4.
`
`Oculus admits that Oculus VR, LLC is the corporate successor of Oculus VR,
`
`Inc., a Delaware corporation, and of that corporation’s predecessors, Oculus VR, Inc., a
`
`California corporation, and Oculus LLC, a California limited liability company.
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`C.A. No. 17-386 (VAC)(CJB)
`
`JURY TRIAL DEMANDED
`
`TECHNO VIEW IP, INC.,
`
`
`
`
`
`OCULUS VR, LLC and
`FACEBOOK, INC.,
`
`
`
`
` Plaintiff,
`
`Defendants.
`
`
`
`
`
`v.
`
`
`
`OCULUS VR, LLC, AND FACEBOOK, INC.’S ANSWER
`AND DEFENSES TO PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`Defendants Oculus VR, LLC (“Oculus”) and Facebook, Inc. (“Facebook”) (collectively,
`
`“Defendants”) answer the First Amended Complaint (D.I. 8) of Plaintiff Techno View IP, Inc.
`
`(“TVIP”) as follows. To the extent not expressly admitted herein, Defendants deny all
`
`allegations recited in the First Amended Complaint.
`
`PARTIES
`
`1.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 1, and therefore deny them.
`
`2.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 2, and therefore deny them.
`
`3.
`
`Oculus admits that it is a limited liability company organized and doing business
`
`under the laws of the State of Delaware.
`
`4.
`
`Oculus admits that Oculus VR, LLC is the corporate successor of Oculus VR,
`
`Inc., a Delaware corporation, and of that corporation’s predecessors, Oculus VR, Inc., a
`
`California corporation, and Oculus LLC, a California limited liability company.
`
`
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 2 of 11 PageID #: 134
`
`
`5.
`
`Oculus admits that it has an agent for service of process through Corporation
`
`Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware.
`
`6.
`
`Oculus admits that it has a principal place of business at 1601 Willow Road,
`
`Menlo Park, California. Facebook admits that it has its corporate headquarters at 1601 Willow
`
`Road, Menlo Park, California.
`
`7.
`
`8.
`
`Defendants admit that Oculus is a wholly owned subsidiary of Facebook.
`
`Facebook admits that it is a corporation organized and doing business under the
`
`laws of the State of Delaware.
`
`9.
`
`Facebook admits that it has an agent for service of process through Corporation
`
`Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware.
`
`10.
`
`Facebook admits that it has a principal place of business at 1601 Willow Road,
`
`Menlo Park, California 94025.
`
`JURISDICTION AND VENUE
`
`11.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is deemed to be required, Defendants admit that the First
`
`Amended Complaint purports to be an action for patent infringement arising under the patent
`
`laws of the United States, 35 U.S.C. § 271 et seq. Defendants deny that they have committed
`
`any acts of patent infringement, and otherwise deny any remaining allegations of paragraph 11.
`
`12.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is deemed to be required, Defendants admit that this Court
`
`has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1338(a),
`
`provided that standing and other requirements are met. Defendants deny any remaining
`
`allegations of paragraph 12.
`
`2
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 3 of 11 PageID #: 135
`
`
`13.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is deemed to be required, Defendants admit that this Court
`
`has personal jurisdiction over Defendants for purposes of this action as they are Delaware
`
`companies.
`
`14.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is deemed to be required, Defendants admit that for purposes
`
`of this action venue is proper in this district pursuant to 28 U.S.C. § 1400(b). Except as
`
`expressly admitted, Defendants deny the remaining allegations of paragraph 14.
`
`BACKGROUND
`
`15.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants admit that the First Amended
`
`Complaint purports to be an action for patent infringement of U.S. Patent Nos. 7,666,096 (the
`
`“’096 Patent”) and 8,206,218 (the “’218 Patent”). Defendants deny that they have committed
`
`any acts of patent infringement and further state that they are without knowledge or information
`
`sufficient to form a belief as to the truth of the remaining allegations of paragraph 15, and
`
`therefore deny them.
`
`16.
`
`Defendants admit that the ’096 Patent is titled “METHOD FOR GENERATING
`
`THE LEFT AND RIGHT PERSPECTIVES IN A 3D VIDEOGAME.” Defendants admit that
`
`the First Amended Complaint purports to generally describe the technology of the ’096 and ’218
`
`patents, but Defendants deny that the descriptions are accurate. Defendants admit that, on its
`
`face, the ’218 Patent indicates it is part of a patent family that also includes the ’096 Patent.
`
`Defendants admit that the ’218 Patent is titled “3D VIDEOGAME SYSTEM.” Defendants
`
`admit that U.S. Patent No. 9,503,742 (the “’742 Patent”) is titled “SYSTEM AND METHOD
`
`3
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 4 of 11 PageID #: 136
`
`
`FOR DECODING 3D STEREOSCOPIC DIGITAL VIDEO.” Defendants are without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations
`
`set forth in paragraph 16, and therefore deny them.
`
`17.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny, and do not waive any rights or
`
`defenses with respect to, the allegations of paragraph 17.
`
`18.
`
`Defendants admit that, on its face, the ’096 Patent purports to be a continuation of
`
`an application originally
`
`filed
`
`in Mexico as Patent Cooperation Treaty
`
`(“PCT”)
`
`PCT/MX2003/00112 on December 19, 2003. Defendants admit that, on its face, the ’218 Patent
`
`purports to be a continuation of the ’096 Patent. Defendants are without knowledge or
`
`information sufficient to form a belief as to the truth of the remaining allegations of paragraph
`
`18, and therefore deny them.
`
`19.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 19, and therefore deny them.
`
`20.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 20, and therefore deny them.
`
`21.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 21, and therefore deny them.
`
`22.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 22, and therefore deny them.
`
`23.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 23, and therefore deny them.
`
`24.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`4
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 5 of 11 PageID #: 137
`
`
`the truth of the allegations set forth in paragraph 24, and therefore deny them.
`
`25.
`
`Defendants are without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations set forth in paragraph 25, and therefore deny them.
`
`26.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants admit that the First Amended
`
`Complaint does not assert the infringement of the ’742 Patent. Defendants deny the remaining
`
`allegations of paragraph 26, and do not waive any rights or defenses with respect to, the
`
`allegations of paragraph 26.
`
`27.
`
`Defendants deny that the overviews and descriptions of the asserted patents
`
`purportedly set forth in paragraph 27 are accurate. Defendants further deny that the asserted
`
`patents describe systems and methods used in the Gear VR or Oculus Rift products. Defendants
`
`are without knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations set forth in paragraph 27, and therefore deny them.
`
`CAUSES OF ACTION
`
`COUNT I
`ALLEGED INFRINGEMENT OF U.S. PATENT 7,666,096
`
`28.
`
`Defendants admit that, on its face, the ’096 Patent states that it issued on February
`
`23, 2010 to Manuel Rafael Gutierrez Novelo. Defendants admit that the ’096 Patent is titled
`
`“Method for Generating the Left and Right Perspectives in a 3D Videogame” and that Exhibit A
`
`attached to the First Amended Complaint appears to be a copy of the ’096 Patent. Defendants
`
`are without knowledge or information sufficient to form a belief as to the truth of the remaining
`
`allegations of paragraph 28, and therefore deny them.
`
`29.
`
`30.
`
`Defendants deny the allegations of paragraph 29.
`
`Defendants admit that the allegations of paragraph 30 identify claim 16 of the
`
`5
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 6 of 11 PageID #: 138
`
`
`’096 Patent as a purported example of an infringed claim. Defendants deny that they have
`
`infringed claim 16. To the extent that the allegations set forth in this paragraph purport to quote
`
`documents, Defendants refer the Court to the contents of those documents. To the extent the
`
`allegations regarding such purported quotations set forth in this paragraph differ in any way from
`
`the contents of the documents, Defendants deny every such allegation. Defendants deny the
`
`remaining allegations of this paragraph, including all sub-parts.
`
`31.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny that they have infringed claim
`
`16 or any other claim of the ’096 Patent and deny, and do not waive any rights or defenses with
`
`respect to, the remaining allegations of this paragraph 31.
`
`32.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny that they have engaged in
`
`infringing activities and deny the remaining allegations of paragraph 32.
`
`33.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny the allegations of paragraph 33.
`
`34.
`
`Defendants deny that they have infringed the ’096 Patent, and deny the
`
`allegations of paragraph 34.
`
`35.
`
`Defendants deny that they have infringed the ’096 Patent, and deny the
`
`allegations of paragraph 35.
`
`36.
`
`Defendants deny the allegations of paragraph 36.
`
`COUNT II
`ALLEGED INFRINGEMENT OF U.S. PATENT 8,206,218
`
`Defendants incorporate paragraphs 1 through 36 herein by reference.
`
`Defendants admit that, on its face, the ’218 Patent states that it issued on June 26,
`
`37.
`
`38.
`
`6
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 7 of 11 PageID #: 139
`
`
`2012 to Manuel Rafael Gutierrez Novelo. Defendants admit that the ’218 Patent is titled “3D
`
`Videogame System” and that Exhibit B attached to the First Amended Complaint appears to be a
`
`copy of the ’218 Patent. Defendants are without knowledge or information sufficient to form a
`
`belief as to the truth of the remaining allegations of paragraph 38, and therefore deny them.
`
`39.
`
`40.
`
`Defendants deny the allegations of paragraph 39.
`
`Defendants admit that the allegations of paragraph 40 identify claim 1 of the ’218
`
`Patent as a purported example of an infringed claim. Defendants deny that they have infringed
`
`claim 1. To the extent that the allegations set forth in this paragraph purport to quote documents,
`
`Defendants refer the Court to the contents of those documents. To the extent the allegations set
`
`forth in this paragraph regarding such purported quotations differ in any way from the contents
`
`of the documents, Defendants deny every such allegation. Defendants deny the remaining
`
`allegations of this paragraph, including all sub-parts.
`
`41.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny that they have infringed claim
`
`any claim of the ’218 Patent, and deny and do not waive any rights or defenses with respect to,
`
`the remaining allegations of paragraph 41.
`
`42.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny that they have engaged in
`
`infringing activities and deny the remaining allegations of paragraph 42.
`
`43.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny the allegations of paragraph 43.
`
`44.
`
`Defendants deny that they have infringed the ’218 Patent, and deny the
`
`allegations of paragraph 44.
`
`7
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 8 of 11 PageID #: 140
`
`
`45.
`
`Defendants deny that they have infringed the ’218 Patent, and deny the
`
`allegations of paragraph 45.
`
`46.
`
`47.
`
`Defendants deny the allegations of paragraph 46.
`
`The allegations in this paragraph state a legal conclusion to which no response is
`
`required. To the extent a response is required, Defendants deny the allegations of paragraph 47.
`
`48.
`
`Defendants deny the allegations of paragraph 48.
`
`RESPONSE TO TVIP’S REQUESTED RELIEF
`
`Defendants incorporate by reference all preceding paragraphs of this Answer as if fully
`
`set forth herein. Defendants deny any and all allegations of patent infringement alleged in the
`
`First Amended Complaint. Defendants deny all allegations that TVIP is entitled to any relief
`
`requested in paragraphs “A-H” of the First Amended Complaint’s Requested Relief, or any other
`
`relief.
`
`JURY DEMAND
`
`TVIP’s demand for a trial by jury does not require a response by Defendants.
`
`DEFENSES
`
`
`
`Pursuant to Federal Rule of Civil Procedure 8(c), and without altering any applicable
`
`burdens of proof, Defendants assert the following defenses to the First Amended Complaint and
`
`reserves its right to assert additional defenses.
`
`FIRST DEFENSE – NON-INFRINGEMENT
`
`
`
`Defendants do not infringe and have not infringed, directly or indirectly, literally or under
`
`the doctrine of equivalents, any claim of the ’096 and ’218 Patents.
`
`SECOND DEFENSE – INVALIDITY
`
`
`
`Any asserted claims of the ’096 and ’218 Patents are invalid for failure to satisfy the
`
`8
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 9 of 11 PageID #: 141
`
`
`conditions of patentability set forth in 35 U.S.C. §§ 101 et seq., including, but not limited to §§
`
`101, 102, 103, and/or 112.
`
`THIRD DEFENSE – FAILURE TO STATE A CLAIM
`
`The First Amended Complaint fails to state a claim upon which relief can be granted.
`
`FOURTH DEFENSE – EQUITABLE DEFENSES
`
`TVIP’s claims are barred, in whole or in part, by estoppel, acquiescence, prosecution
`
`
`
`
`
`laches, waiver, unclean hands, and/or other equitable defenses.
`
`FIFTH DEFENSE – 35 U.S.C. § 288
`
`
`
`TVIP’s prayer for costs is barred under 35 U.S.C. § 288 due to the invalidity of one or
`
`more claims of the ’096 and ’218 patents.
`
`SIXTH DEFENSE – EXPRESS LICENSE, IMPLIED LICENSE, PATENT
`EXHAUSTION AND/OR THE SINGLE RECOVERY RULE
`
`TVIP’s claims are barred, in whole or in part, by express license agreements and/or under
`
`
`
`the doctrines of implied license, patent exhaustion, and/or the single recovery rule.
`
`RESERVATION OF RIGHTS
`
`
`
`Defendants hereby reserve the right to amend their Answer and reserve all defenses set
`
`out in Rule 8(c) of the Federal Rules of Civil Procedure, the Patent Laws of the United States,
`
`and any other defenses, at law or in equity, which become applicable after the substantial
`
`completion of discovery or otherwise in the course of litigation.
`
`PRAYER FOR RELIEF
`
`
`
`WHEREFORE, Defendants pray that this Court enter judgment:
`
`A.
`
`In favor of Defendants, and against TVIP, thereby dismissing TVIP’s First
`
`Amended Complaint in its entirety, with prejudice, with TVIP taking nothing by way of its
`
`claims;
`
`9
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 10 of 11 PageID #: 142
`
`
`B.
`
`That Defendants have not infringed, and are not now infringing, any valid claim
`
`of the Patents-in-Suit, under any subsection of 35 U.S.C. § 271;
`
`C.
`
`D.
`
`That all asserted claims of the Patents-in-Suit are invalid and/or unenforceable;
`
`That this case stands out from others and as such is an exceptional case pursuant
`
`to 35 U.S.C. § 285 and ordering TVIP to pay Defendants reasonable attorneys’ fees incurred in
`
`this action; and
`
`E.
`
`That TVIP pay all costs incurred by Defendants in this action; and awarding
`
`Defendants all other relief that the Court deems just and proper.
`
`DEMAND FOR JURY TRIAL
`
`Defendants respectfully request a trial by jury on all issues so triable.
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Heidi L. Keefe
`Mark R. Weinstein
`Elizabeth L. Stameshkin
`Philip H. Mao
`COOLEY LLP
`3175 Hanover Street
`Palo Alto, CA 94304
`(650) 843-5000
`
`DeAnna Allen
`COOLEY LLP
`1299 Pennsylvania Ave., NW
`Washington, DC 20004-2400
`(202) 842-7800
`
`July 17, 2017
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Karen Jacobs
`_______________________________________
`Jack B. Blumenfeld (#1014)
`Karen Jacobs (#2881)
`Jennifer Ying (#5550)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899-1347
`(302) 658-9200
`jblumenfeld@mnat.com
`kjacobs@mnat.com
`jying@mnat.com
`
`Attorneys for Defendants Oculus VR, LLC and
`Facebook, Inc.
`
`10
`
`
`
`Case 1:17-cv-00386-VAC-CJB Document 12 Filed 07/17/17 Page 11 of 11 PageID #: 143
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on July 17, 2017, I caused the foregoing to be electronically
`
`
`
`
`
`filed with the Clerk of the Court using CM/ECF, which will send notification of such filing to all
`
`registered participants.
`
`
`
`
`
`I further certify that I caused copies of the foregoing document to be served on
`
`July 17, 2017, upon the following in the manner indicated:
`
`VIA ELECTRONIC MAIL
`
`
`
`
`
`
`/s/ Karen Jacobs
`
`
`
`
`Karen Jacobs (#2881)
`
`
`
`
`
`Sean T. O’Kelly
`Daniel P. Murray
`O’KELLY & ERNST, LLC
`901 N. Market Street, Suite 1000
`Wilmington, DE 19801
`
`Attorneys for Plaintiff Techno View IP, Inc.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
