Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 1 of 28 PageID #: 9202
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`
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`GENENTECH, INC. and CITY OF HOPE,
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`Plaintiffs and Counterclaim
`Defendants,
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`
`
`v.
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`SAMSUNG BIOEPIS CO., LTD.,
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`C.A. No. 18-1363-CFC
`
`
`
`
`
` Defendant and
` Counterclaim Plaintiff.
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`
`
`PLAINTIFFS GENENTECH, INC. AND CITY OF HOPE’S ANSWER
`TO DEFENDANT SAMSUNG BIOEPIS CO., LTD.’S COUNTERCLAIMS
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`Plaintiffs and Counterclaim Defendants Genentech, Inc. (“Genentech”) and City of Hope
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`(collectively, “Plaintiffs”) hereby submit this Answer to the Amended Counterclaims of
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`Defendant and Counterclaim Plaintiff Samsung Bioepis Co., Ltd. (“Samsung” or “Defendant”)
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`(D.I. 66, hereinafter “Counterclaims”).
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`Each of the paragraphs below corresponds to the same-numbered paragraphs (each a
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`“Paragraph”) in the Counterclaims. Plaintiffs deny each and every allegation in the
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`Counterclaims, including without limitation allegations appearing in headings, subheadings, and
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`footnotes, except as expressly admitted herein, and specifically deny that Defendant is entitled to
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`the relief sought in its Prayer for Relief. Plaintiffs reserve the right to amend and/or supplement
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`this Answer. Plaintiffs responds to the Counterclaims as follows:
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`THE PARTIES
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`1. Admitted, upon information and belief.
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`2. Admitted.
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`

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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 2 of 28 PageID #: 9203
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`3. Admitted.
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`JURISDICTION AND VENUE
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`4. Paragraph 4 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that Defendant purports to base its
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`Counterclaims on the specified sections of the United States Code.
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`5. Paragraph 5 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that the Court has subject matter
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`jurisdiction over these actions.
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`6. Paragraph 6 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, for the purposes of this action only, Plaintiffs do not
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`contest personal jurisdiction in this Court.
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`7. Paragraph 7 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, for the purposes of this action only, Plaintiffs do not
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`contest that venue is proper in this judicial district.
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`FACTUAL BACKGROUND
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`A.
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`Bioepis’s aBLA and Herceptin®
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`8. Plaintiffs lack knowledge sufficient to confirm or deny the allegations set forth of
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`Paragraph 8, and therefore deny them.
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`9. Admitted, upon information and belief.
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`10. Admitted.
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`11. Admitted.
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`– 2 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 3 of 28 PageID #: 9204
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`12. Plaintiffs admit that Herceptin® has been commercially successful and that it had
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`over $2 billion in revenues in the United States in 2017. Except as otherwise admitted herein,
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`denied.
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`B.
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`Congress Enacts Legislation Creating a Regulatory Pathway for Biosimilars
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`13. Admitted.
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`14. Plaintiffs admit that, to obtain approval through the process described in the Biologics
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`Price Competition and Innovation Act (“BPCIA”), a biosimilar applicant must, among other
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`things, show that its biosimilar product is “highly similar” to the reference product and that there
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`are no “clinically meaningful differences” between the two products in terms of “safety, purity,
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`and potency.” 42 U.S.C. §§ 262(i)(2), (k)(2). Plaintiffs further admit that, under the BPCIA, an
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`applicant may not submit a biosimilar application until four years after the reference product is
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`first licensed, and the FDA may not license a biosimilar until 12 years after the reference product
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`is first licensed. 42 U.S.C. § 262(k)(7). Plaintiffs further state that Paragraph 14 contains legal
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`conclusions to which no response is required, and that the BPCIA speaks for itself. To the extent
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`that a further response is deemed required, Plaintiffs deny the allegations of Paragraph 14.
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`15. Plaintiffs admit that, under the BPCIA, a biosimilar applicant, among other things,
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`“shall provide to the reference product sponsor a copy of the application submitted to the
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`Secretary under subsection (k), and such other information that describes the process or
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`processes used to manufacture the biological product that is the subject of such application.” 42
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`U.S.C. § 262(l)(2)(A). Plaintiffs further state that Paragraph 15 contains legal conclusions to
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`which no response is required, and that the BPCIA speaks for itself. To the extent that a further
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`response is deemed required, Plaintiffs deny the allegations of Paragraph 15.
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`– 3 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 4 of 28 PageID #: 9205
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`16. Plaintiffs state that the United States Supreme Court decision Sandoz Inc. v. Amgen
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`Inc., 582 U.S. ___, 137 S. Ct. 1664 (2017), speaks for itself. Plaintiffs further state that
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`Paragraph 16 contains legal conclusions to which no response is required. To the extent that a
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`response is deemed required, Plaintiffs deny the allegations of Paragraph 16.
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`C.
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`The Parties’ Exchanges under the BPCIA
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`17. Admitted, upon information and belief.
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`18. Plaintiffs admit that on January 8, 2018, February 15, 2018, and February 20, 2018,
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`Samsung provided Genentech with certain documents and information. Plaintiffs further admit
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`that on January 23, 2018, Genentech requested further documentation from Samsung. Plaintiffs
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`deny that Samsung’s production was “timely” or satisfied 42 U.S.C. § 262(l)(2)(A). Plaintiffs
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`further state that Paragraph 18 contains legal conclusions to which no response is required. To
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`the extent that a further response is deemed required, Plaintiffs otherwise deny the allegations of
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`Paragraph 18.
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`19. Plaintiffs admit that, on April 23, 2018, Genentech provided Samsung a list of 38
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`patents for which Genentech believed a claim of patent infringement could reasonably be
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`asserted in view of Samsung’s aBLA for SB3 and the information available to Genentech at the
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`time. Except as otherwise admitted, denied.
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`20. Plaintiffs admit that on June 22, 2018, Samsung purported to provide Genentech with
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`a statement of the factual and legal bases for non-infringement and invalidity of the patents
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`identified by Genentech on April 23, 2018. Plaintiffs deny that Samsung’s June 22, 2018
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`statement and other pre-suit information exchanges complied with the requirements of the
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`BPCIA, including but not limited to 42 U.S.C. §§ 262(l)(2)(A), (3)(B). Plaintiffs further state
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`– 4 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 5 of 28 PageID #: 9206
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`that Paragraph 20 contains legal conclusions to which no response is required. To the extent that
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`a further response is deemed required, Plaintiffs otherwise deny the allegations of Paragraph 20.
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`21. Plaintiffs admit that on August 17, 2018, Genentech provided a response to
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`Samsung’s June 22, 2018 statement. With respect to the remaining allegations in Paragraph 21,
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`Plaintiffs state that the August 17, 2018 response speaks for itself, and that Paragraph 21
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`contains legal conclusions to which no response is required. To the extent that a further response
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`is deemed required, Plaintiffs otherwise deny the allegations of Paragraph 21.
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`22. Plaintiffs admit that on August 23, 2018, Genentech received a letter from Samsung
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`regarding the parties’ pre-suit information exchanges. With respect to the remaining allegations
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`in Paragraph 22, Plaintiffs state that the letter speaks for itself. To the extent that a further
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`response is deemed required, Plaintiffs otherwise deny the allegations of Paragraph 22.
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`23. Plaintiffs admit that on September 4, 2018, Genentech sent an email to Samsung
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`regarding a potential patent infringement action. With respect to the remaining allegations in
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`Paragraph 23, Plaintiffs state that the email speaks for itself. To the extent that a further
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`response is deemed required, Plaintiffs otherwise deny the allegations of Paragraph 23.
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`24. Admitted.
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`25. Plaintiffs admit that on September 5, 2018, Samsung purported to notify Genentech
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`pursuant to 42 U.S.C. § 262(l)(8)(A) that it intended to commence commercial marketing of SB3
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`in the United States no earlier than 180 days from the date of the notice. To the extent that a
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`further response is deemed required, Plaintiffs otherwise deny the allegations of Paragraph 25.
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`26. Plaintiffs admit Genentech has not dismissed any of the patents asserted in its
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`complaint filed September 4, 2018 except for claims relating to U.S. Patent No. 8,425,908.
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`Plaintiffs further admit that Samsung may not commence commercial marketing of SB3 in the
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`– 5 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 6 of 28 PageID #: 9207
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`United States until at least 180 days after providing its notice of commercial marketing pursuant
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`to 42 U.S.C. § 262(l)(8)(A). Plaintiffs otherwise deny the allegations of Paragraph 26.
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`D.
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`The Patents-in-Suit
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`27. Admitted.
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`28. Admitted.
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`29. Admitted.
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`30. Admitted.
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`31. Admitted.
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`32. Admitted.
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`33. Admitted.
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`34. Admitted.
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`35. Admitted.
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`36. Admitted.
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`37. Admitted.
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`38. Admitted.
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`39. Admitted.
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`40. Admitted.
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`41. Admitted.
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`42. Plaintiffs admit that U.S. Patent No. 7,390,660 (“the ’660 patent”) is entitled
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`“Methods for Growing Mammalian Cells In Vitro,” was issued on June 24, 2008, and is assigned
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`to Hoffmann-La Roche Inc. Genentech is the exclusive licensee of the ’660 patent with the sole
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`right to enforce it. Except as otherwise admitted herein, denied.
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`43. Admitted.
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`– 6 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 7 of 28 PageID #: 9208
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`44. Admitted.
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`45. Admitted.
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`46. Admitted.
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`47. Admitted.
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`COUNT I
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,331,415
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`48. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`49. Paragraph 49 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the infringement of U.S. Patent No. 6,331,415.
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`50. Denied.
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`51. Denied.
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`52. Denied.
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`COUNT II
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,331,415
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`53. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`54. Paragraph 54 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the validity of U.S. Patent No. 6,331,415.
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`55. Denied.
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`56. Denied.
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`57. Denied.
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`– 7 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 8 of 28 PageID #: 9209
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`58. Denied.
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`59. Denied.
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`60. Denied.
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`COUNT III
`Declaratory Judgment of Unenforceability of U.S. Patent No. 6,331,415
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`61. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`62. Denied.
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`63. Denied.
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`64. Denied.
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`COUNT IV
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,923,221
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`65. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`66. Paragraph 66 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the infringement of U.S. Patent No. 7,923,221.
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`67. Denied.
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`68. Denied.
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`69. Denied.
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`COUNT V
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,923,221
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`70. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`– 8 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 9 of 28 PageID #: 9210
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`71. Paragraph 71 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the validity of U.S. Patent No. 7,923,221.
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`72. Denied.
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`73. Denied.
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`74. Denied.
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`75. Denied.
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`COUNT VI
`Declaratory Judgment of Unenforceability of U.S. Patent No. 7,923,221
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`76. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`77. Denied.
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`78. Denied.
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`79. Denied.
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`COUNT VII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,407,213
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`80. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`81. Paragraph 81 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the infringement of U.S. Patent No. 6,407,213.
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`82. Denied.
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`83. Denied.
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`84. Denied.
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`– 9 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 10 of 28 PageID #: 9211
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`COUNT VIII
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,407,213
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`85. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`86. Paragraph 86 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the validity of U.S. Patent No. 6,407,213.
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`87. Denied.
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`88. Denied.
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`89. Denied.
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`90. Denied.
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`91. Denied.
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`92. Denied.
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`COUNT IX
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,846,441
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`93. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`94. Paragraph 94 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the infringement of U.S. Patent No. 7,846,441.
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`95. Denied.
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`96. Denied.
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`97. Denied.
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`COUNT X
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,846,441
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`– 10 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 11 of 28 PageID #: 9212
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`98. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were stated
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`fully herein.
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`99. Paragraph 99 contains legal conclusions to which no response is required. To the
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`extent that a response is deemed required, Plaintiffs admit that there is a justiciable controversy
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`between the parties as to the validity of U.S. Patent No. 7,846,441.
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`100. Denied.
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`101. Denied.
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`102. Denied.
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`103. Denied.
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`104. Denied.
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`COUNT XI
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,892,549
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`105. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`106. Paragraph 106 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 7,892,549.
`
`107. Denied.
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`108. Denied.
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`109. Denied.
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`COUNT XII
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,892,549
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`110. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`– 11 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 12 of 28 PageID #: 9213
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`111. Paragraph 111 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
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`controversy between the parties as to the validity of U.S. Patent No. 7,892,549.
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`112. Denied.
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`113. Denied.
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`114. Denied.
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`115. Denied.
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`COUNT XIII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,627,196
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`116. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`117. Paragraph 117 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 6,627,196.
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`118. Denied.
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`119. Denied.
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`120. Denied.
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`COUNT XIV
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,627,196
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`121. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`122. Paragraph 122 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 6,627,196.
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`– 12 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 13 of 28 PageID #: 9214
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`123. Denied.
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`124. Denied.
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`125. Denied.
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`126. Denied.
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`COUNT XV
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,371,379
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`127. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`128. Paragraph 128 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 7,371,379.
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`129. Denied.
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`130. Denied.
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`131. Denied.
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`COUNT XVI
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,371,379
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`132. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`133. Paragraph 133 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 7,371,379.
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`134. Denied.
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`135. Denied.
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`136. Denied.
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`– 13 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 14 of 28 PageID #: 9215
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`137. Denied.
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`COUNT XVII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 10,160,811
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`138. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`139. Paragraph 139 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 10,160,811.
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`140. Denied.
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`141. Denied.
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`142. Denied.
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`COUNT XVIII
`Declaratory Judgment of Invalidity of U.S. Patent No. 10,160,811
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`143. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`144. Paragraph 144 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 10,160,811.
`
`145. Denied.
`
`146. Denied.
`
`147. Denied.
`
`148. Denied.
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`– 14 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 15 of 28 PageID #: 9216
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`COUNT XIX
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,339,142
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`149. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`150. Paragraph 150 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 6,339,142.
`
`151. Denied.
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`152. Denied.
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`153. Denied.
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`COUNT XX
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,339,142
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`154. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
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`155. Paragraph 155 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 6,339,142.
`
`156. Denied.
`
`157. Denied.
`
`158. Denied.
`
`159. Denied.
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`160. Denied.
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`161. Denied.
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`COUNT XXI
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`– 15 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 16 of 28 PageID #: 9217
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`Declaratory Judgment of Non-Infringement of U.S. Patent No. 9,249,218
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`162. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`163. Paragraph 163 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 9,249,218.
`
`164. Denied.
`
`165. Denied.
`
`166. Denied.
`
`COUNT XXII
`Declaratory Judgment of Invalidity of U.S. Patent No. 9,249,218
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`167. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`168. Paragraph 168 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 9,249,218.
`
`169. Denied.
`
`170. Denied.
`
`171. Denied.
`
`172. Denied.
`
`173. Denied.
`
`174. Denied.
`
`COUNT XXIII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,417,335
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`– 16 –
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`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 17 of 28 PageID #: 9218
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`175. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
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`stated fully herein.
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`176. Paragraph 176 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 6,417,335.
`
`177. Denied.
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`178. Denied.
`
`179. Denied.
`
`COUNT XXIV
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,417,335
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`180. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`181. Paragraph 181 contains legal conclusions to which no response is required. To
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`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 6,417,335.
`
`182. Denied.
`
`183. Denied.
`
`184. Denied.
`
`185. Denied.
`
`COUNT XXV
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,993,834
`
`186. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`
`
`
`– 17 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 18 of 28 PageID #: 9219
`
`187. Paragraph 187 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 7,993,834.
`
`188. Denied.
`
`189. Denied.
`
`190. Denied.
`
`COUNT XXVI
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,993,834
`
`191. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`192. Paragraph 192 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 7,993,834.
`
`193. Denied.
`
`194. Denied.
`
`195. Denied.
`
`196. Denied.
`
`197. Denied.
`
`COUNT XXVII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,076,066
`
`198. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`
`
`
`– 18 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 19 of 28 PageID #: 9220
`
`199. Paragraph 199 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 8,076,066.
`
`200. Denied.
`
`201. Denied.
`
`202. Denied.
`
`COUNT XXVIII
`Declaratory Judgment of Invalidity of U.S. Patent No. 8,076,066
`
`203. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`204. Paragraph 204 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 8,076,066.
`
`205. Denied.
`
`206. Denied.
`
`207. Denied.
`
`208. Denied.
`
`COUNT XXIX
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,440,402
`
`209. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`210. Paragraph 210 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 8,440,402.
`
`
`
`
`– 19 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 20 of 28 PageID #: 9221
`
`211. Denied.
`
`212. Denied.
`
`213. Denied.
`
`COUNT XXX
`Declaratory Judgment of Invalidity of U.S. Patent No. 8,440,402
`
`214. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`215. Paragraph 215 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 8,440,402.
`
`216. Denied.
`
`217. Denied.
`
`218. Denied.
`
`219. Denied.
`
`COUNT XXXI
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 6,610,516
`
`220. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`221. Paragraph 221 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 6,610,516.
`
`222. Denied.
`
`223. Denied.
`
`224. Denied.
`
`
`
`
`– 20 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 21 of 28 PageID #: 9222
`
`COUNT XXXII
`Declaratory Judgment of Invalidity of U.S. Patent No. 6,610,516
`
`225. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`226. Paragraph 226 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 6,610,516.
`
`227. Denied.
`
`228. Denied.
`
`229. Denied.
`
`COUNT XXXIII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,390,660
`
`230. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`231. Paragraph 231 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 7,390,660.
`
`232. Denied.
`
`233. Denied.
`
`234. Denied.
`
`COUNT XXXIV
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,390,660
`
`235. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`
`
`
`– 21 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 22 of 28 PageID #: 9223
`
`236. Paragraph 236 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 7,390,660.
`
`237. Denied.
`
`238. Denied.
`
`239. Denied.
`
`COUNT XXXV
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,512,983
`
`240. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`241. Paragraph 241 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 8,512,983.
`
`242. Denied.
`
`243. Denied.
`
`244. Denied.
`
`COUNT XXXVI
`Declaratory Judgment of Invalidity of U.S. Patent No. 8,512,983
`
`245. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`246. Paragraph 246 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 8,512,983.
`
`247. Denied.
`
`
`
`
`– 22 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 23 of 28 PageID #: 9224
`
`248. Denied.
`
`249. Denied.
`
`COUNT XXXVII
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 8,574,869
`
`250. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`251. Paragraph 251 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 8,574,869.
`
`252. Denied.
`
`253. Denied.
`
`254. Denied.
`
`COUNT XXXVIII
`Declaratory Judgment of Invalidity of U.S. Patent No. 8,574,869
`
`255. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`256. Paragraph 256 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 8,574,869.
`
`257. Denied.
`
`258. Denied.
`
`259. Denied.
`
`260. Denied.
`
`COUNT XXXIX
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 9,714,293
`
`– 23 –
`
`
`
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 24 of 28 PageID #: 9225
`
`261. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`262. Paragraph 262 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 9,714,293.
`
`263. Denied.
`
`264. Denied.
`
`265. Denied.
`
`COUNT XL
`Declaratory Judgment of Invalidity of U.S. Patent No. 9,714,293
`
`266. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`267. Paragraph 267 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the validity of U.S. Patent No. 9,714,293.
`
`268. Denied.
`
`269. Denied.
`
`270. Denied.
`
`COUNT XLI
`Declaratory Judgment of Non-Infringement of U.S. Patent No. 7,485,704
`
`271. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`
`
`
`– 24 –
`
`

`

`Case 1:18-cv-01363-CFC Document 68 Filed 02/21/19 Page 25 of 28 PageID #: 9226
`
`272. Paragraph 272 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy between the parties as to the infringement of U.S. Patent No. 7,485,704.
`
`273. Denied.
`
`274. Denied.
`
`275. Denied.
`
`COUNT XLII
`Declaratory Judgment of Invalidity of U.S. Patent No. 7,485,704
`
`276. Plaintiffs repeat and reassert all responses to Paragraphs 1-47 as if they were
`
`stated fully herein.
`
`277. Paragraph 277 contains legal conclusions to which no response is required. To
`
`the extent that a response is deemed required, Plaintiffs admit that there is a justiciable
`
`controversy betwee