Case 1:20-cv-01644-RGA-JLH Document 11 Filed 02/17/21 Page 1 of 5 PageID #: 2177
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Ravgen, Inc.,
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`
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`v.
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`Illumina, Inc. and Verinata Health, Inc.,
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`Plaintiff,
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`
`
`
`
`
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`Defendants.
`
`Civil Action No. 20-cv-1644-RGA-JLH
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`JURY TRIAL DEMANDED
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`
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`PLAINTIFF RAVGEN’S ANSWER TO ILLUMINA’S COUNTERCLAIMS
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`Plaintiff and Counterclaim Defendant Ravgen, Inc. (“Ravgen”) answers Defendants and
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`Counterclaimants Illumina, Inc. and Verinata Health, Inc.’s (collectively “Illumina”)
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`counterclaims (D.I. 9) (“Counterclaims”) as follows:
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`NATURE OF THE ACTION
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`1.
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`Ravgen admits that the Complaint in this action alleges that Defendants have
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`infringed at least 7,727,720 (the “’720 Patent”) and 7,332,277 (the “’277 Patent”). Ravgen further
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`admits that Illumina purports to seek a declaratory judgment that it has not infringed either the
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`’720 Patent or the ’277 Patent arising under the Patent Laws of the United States 35 U.S.C. § 271
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`et seq. Except as admitted, Ravgen denies any remaining allegations in Paragraph 1 of the
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`Counterclaims.
`
`THE PARTIES
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`2.
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`3.
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`Ravgen admits the allegations in Paragraph 2 of the Counterclaims.
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`Ravgen admits the allegations in Paragraph 3 of the Counterclaims.
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`
`Ravgen, Inc.,
`
`
`
`
`v.
`
`
`Illumina, Inc. and Verinata Health, Inc.,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`Defendants.
`
`Civil Action No. 20-cv-1644-RGA-JLH
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`PLAINTIFF RAVGEN’S ANSWER TO ILLUMINA’S COUNTERCLAIMS
`
`Plaintiff and Counterclaim Defendant Ravgen, Inc. (“Ravgen”) answers Defendants and
`
`Counterclaimants Illumina, Inc. and Verinata Health, Inc.’s (collectively “Illumina”)
`
`counterclaims (D.I. 9) (“Counterclaims”) as follows:
`
`NATURE OF THE ACTION
`
`1.
`
`Ravgen admits that the Complaint in this action alleges that Defendants have
`
`infringed at least 7,727,720 (the “’720 Patent”) and 7,332,277 (the “’277 Patent”). Ravgen further
`
`admits that Illumina purports to seek a declaratory judgment that it has not infringed either the
`
`’720 Patent or the ’277 Patent arising under the Patent Laws of the United States 35 U.S.C. § 271
`
`et seq. Except as admitted, Ravgen denies any remaining allegations in Paragraph 1 of the
`
`Counterclaims.
`
`THE PARTIES
`
`2.
`
`3.
`
`Ravgen admits the allegations in Paragraph 2 of the Counterclaims.
`
`Ravgen admits the allegations in Paragraph 3 of the Counterclaims.
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`
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`Case 1:20-cv-01644-RGA-JLH Document 11 Filed 02/17/21 Page 2 of 5 PageID #: 2178
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`
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`JURISDICTION AND VENUE
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`4.
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`Ravgen does not contest that this Court has jurisdiction over the subject matter of
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`these Counterclaims. The remaining allegations in Paragraph 4 of the Counterclaims are legal
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`conclusions that require no response.
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`5.
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`Ravgen does not contest that this Court has personal jurisdiction over Ravgen. The
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`remaining allegations in Paragraph 5 of the Counterclaims are legal conclusions that require no
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`response.
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`6.
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`Ravgen does not contest that venue is proper in this District. The remaining
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`allegations in Paragraph 6 of the Counterclaims are legal conclusions that require no response.
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`FIRST COUNT
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`A.
`
`7.
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`8.
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`9.
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`(Declaration of Non-Infringement of U.S. Patent No. 7,727,720)
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`Ravgen incorporates by reference Paragraphs 1-6.
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`Ravgen admits the allegations in Paragraph 8 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’720 patent.
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`10.
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`Ravgen admits that it has alleged that Illumina has directly and indirectly infringed
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`and continues to directly and indirectly infringe one or more claims of the ’720 patent.
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`11.
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`Ravgen admits that Illumina purports to seek a declaration under 28 U.S.C. §§ 2201
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`and 2202 concerning whether Illumina has infringed and is infringing any valid and enforceable
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`claim of the ’720 Patent. The remaining allegations in Paragraph 11 of the Counterclaims are legal
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`conclusions that require no response.
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`12.
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`13.
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`Ravgen denies the allegations in Paragraph 12 of the Counterclaims.
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`Ravgen admits that Illumina purports to desire a judicial determination of its rights
`
`and duties with respect to any alleged infringement of the ’720 patent.
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`2
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`
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`Case 1:20-cv-01644-RGA-JLH Document 11 Filed 02/17/21 Page 3 of 5 PageID #: 2179
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`
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`14.
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`The allegations in Paragraph 14 are legal conclusions that require no response.
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`SECOND COUNT
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`(Declaration of Invalidity of U.S. Patent No. 7,727,720)
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`Ravgen incorporates by reference paragraphs 1–6.
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`Ravgen admits the allegations in Paragraph 16 of the Counterclaims.
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`Ravgen admits that it is the legal owner by assignment of the ’720 patent.
`
`Ravgen admits that it has alleged that Illumina has directly and indirectly infringed
`
`A.
`
`15.
`
`16.
`
`17.
`
`18.
`
`and continues to directly and indirectly infringe one or more claims of the ’720 patent.
`
`19.
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`Ravgen admits that Illumina purports to seek a declaration under 28 U.S.C. §§ 2201
`
`and 2202 concerning whether Illumina has infringed and is infringing any valid and enforceable
`
`claim of the ’720 Patent. The remaining allegations in Paragraph 19 of the Counterclaims are legal
`
`conclusions that require no response.
`
`20.
`
`21.
`
`Ravgen denies the allegations in Paragraph 20 of the Counterclaims.
`
`Ravgen admits that Illumina purports to desire a judicial determination of its rights
`
`and duties with respect to any alleged infringement of the ’720 patent.
`
`22.
`
`The allegations in Paragraph 22 are legal conclusions that require no response.
`
`THIRD COUNT
`
`A.
`
`23.
`
`24.
`
`25.
`
`26.
`
`(Declaration of Non-Infringement of the U.S. Patent No. 7,332,277)
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`Ravgen incorporates by reference Paragraphs 1-6.
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`Ravgen admits the allegations in Paragraph 24 of the Counterclaims.
`
`Ravgen admits that it is the legal owner by assignment of the ’277 patent.
`
`Ravgen admits that it has alleged that Illumina has directly and indirectly infringed
`
`and continues to directly and indirectly infringe one or more claims of the ’277 patent.
`
`3
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`
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`Case 1:20-cv-01644-RGA-JLH Document 11 Filed 02/17/21 Page 4 of 5 PageID #: 2180
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`27.
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`Ravgen admits that Illumina purports to seek a declaration under 28 U.S.C. §§ 2201
`
`and 2202 concerning whether Illumina has infringed and is infringing any valid and enforceable
`
`claim of the ’277 Patent. The remaining allegations in Paragraph 27 of the Counterclaims are legal
`
`conclusions that require no response.
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`28.
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`29.
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`Ravgen denies the allegations in Paragraph 28 of the Counterclaims.
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`Ravgen admits that Illumina purports to desire a judicial determination of its rights
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`and duties with respect to any alleged infringement of the ’277 patent.
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`30.
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`The allegations in Paragraph 30 are legal conclusions that require no response.
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`FOURTH COUNT
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`(Declaration of Invalidity of U.S. Patent No. 7,332,277)
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`Ravgen incorporates by reference paragraphs 1–6.
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`Ravgen admits the allegations in Paragraph 32 of the Counterclaims
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`Ravgen admits that it is the legal owner by assignment of the ’277 patent.
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`Ravgen admits that it has alleged that Illumina has directly and indirectly infringed
`
`A.
`
`31.
`
`32.
`
`33.
`
`34.
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`and continues to directly and indirectly infringe one or more claims of the ’277 patent.
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`35.
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`Ravgen admits that Illumina purports to seek a declaration under 28 U.S.C. §§ 2201
`
`and 2202 concerning whether Illumina has infringed and is infringing any valid and enforceable
`
`claim of the ’277 Patent. The remaining allegations in Paragraph 35 of the Counterclaims are legal
`
`conclusions that require no response.
`
`36.
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`37.
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`Ravgen denies the allegations in Paragraph 36 of the Counterclaims.
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`Ravgen admits that Illumina purports to desire a judicial determination of its rights
`
`and duties with respect to any alleged infringement of the ’720 patent.
`
`38.
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`The allegations in Paragraph 38 are legal conclusions that require no response.
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`4
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`Case 1:20-cv-01644-RGA-JLH Document 11 Filed 02/17/21 Page 5 of 5 PageID #: 2181
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`PRAYER FOR RELIEF
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`Ravgen denies that Illumina is entitled to any relief, either as prayed for in its
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`Counterclaims or otherwise. Ravgen further denies each allegation contained in Illumina’s
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`Counterclaims that was not specifically admitted, denied, or otherwise responded to herein.
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`Ravgen respectfully requests that the Court enter judgment in its favor and against Illumina on the
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`Counterclaims, declare this case exceptional under 35 U.S.C. § 285, award Ravgen its attorneys’
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`fees, costs, and expenses, and grant Ravgen such further relief as the Court deems just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff Ravgen hereby demands a trial by jury on all issues so triable.
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`Dated: February 17, 2021
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`Of Counsel:
`
`John M. Desmarais
`Kerri-Ann Limbeek
`Brian D. Matty
`Michael Ling
`Deborah J. Mariottini
`Email: jdesmarais@desmaraisllp.com
`Email: klimbeek@desmaraisllp.com
`Email: bmatty@desmaraisllp.com
`Email: mling@desmaraisllp.com
`Email: dmariottini@desmaraisllp.com
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: 212-351-3400
`Facsimile: 212-351-3401
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`
`
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`Respectfully submitted,
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`FARNAN LLP
`
`
`/s/ Michael J. Farnan
`Brian E. Farnan (Bar No. 4089)
`Michael J. Farnan (Bar No. 5165)
`919 N. Market St., 12th Floor
`Wilmington, DE 19801
`Telephone: (302) 777-0300
`Facsimile: (302) 777-0301
`bfarnan@farnanlaw.com
`mfarnan@farnanlaw.com
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`Attorneys for Plaintiff Ravgen, Inc.
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`5
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