Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 1 of 24 PageID #: 343
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`CORETEK LICENSING LLC,
`
`
`Plaintiff,
`
`
`
`
`
`
`
`C.A. No: 21-1840-MN-CJB
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`v.
`
`
`ALASKA COMMUNICATIONS SYSTEMS
`GROUP, INC.,
`
`
`Defendant.
`
`
`DEFENDANT ALASKA COMMUNICATIONS SYSTEMS GROUP, INC.’S
`ANSWER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS
`TO PLAINTIFF’S COMPLAINT
`
`Defendant Alaska Communications Systems Group, Inc. (“ACS Group”)1 files this
`
`Answer, Affirmative Defenses, and Counterclaims to Plaintiff Coretek Licensing LLC’s
`
`(“Plaintiff” or “Coretek”) Complaint. ACS Group denies the allegations and characterizations in
`
`Plaintiff’s Complaint unless expressly admitted in the following paragraphs.2
`
`NATURE OF THE ACTION
`
`1.
`
`ACS Group admits that the Complaint purports to set forth an action for
`
`infringement under the Patent Laws of the United States, 35 U.S.C. §§ 271, et seq., and that
`
`Plaintiff purports to seek damages and injunctive relief. ACS Group further admits that a purported
`
`copy of U.S. Patent Nos. 8,861,512 (“the ‘512 Patent”), 9,173,154 (“the ‘154 Patent”), and
`
`9,591,551 (“the ‘551 Patent”) (collectively the “Asserted Patents) U.S. Patent No. 7,373,515 (the
`
`
`1 Coretek Licensing LLC sued and served the incorrect entity. ACS Group is a holding company
`that does not commercialize the accused product, Alaska Voice. The correct party to this suit is
`Alaska Communications Internet, LLC, an Alaska corporation. Despite Coretek’s improper
`service and incorrect party naming, ACS Group is responding to Coretek’s lawsuit.
`2 For avoidance of doubt, ACS Group denies liability for all allegations of patent infringement
`included or implied in the introductory paragraph or in any headings of the Complaint.
`
`

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`“’515 patent”) is attached to the Complaint as Exhibit A. ACS Group denies it has committed or
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`is committing acts of infringement and denies Plaintiff is entitled to any relief. ACS Group denies
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`any remaining allegations in Paragraph 1 of the Complaint.
`
`
`
`THE PARTIES
`
`2.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 2, and therefore denies them.
`
`3.
`
`ACS Group admits that it is a corporation organized under the laws of Delaware,
`
`having an address at 600 Telephone Avenue, Anchorage, Alaska 99503. ACS Group further admits
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`that ACS Group may be served with process c/o Cogency Global, Inc., 850 New Burton Road –
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`Suite 201, Dover, Delaware 19904.
`
`4.
`
`ACS Group admits that it derives a portion of its revenue from sales and distribution
`
`of products located on the www.alaskacommunications.com website. ACS Group denies it has
`
`committed or is committing acts of infringement and denies Plaintiff is entitled to any relief. ACS
`
`Group denies the remaining allegations in Paragraph 4 of the Complaint.
`
`JURISDICTION AND VENUE
`
`5.
`
`ACS Group admits that the Complaint purports to set forth an action for
`
`infringement under the Patent Laws of the United States, 35 U.S.C. § 271, et seq., but ACS Group
`
`denies it has committed or is committing acts of infringement and denies Plaintiff is entitled to any
`
`relief.
`
`6.
`
`ACS Group admits that this Court has subject matter jurisdiction under 28 U.S.C.
`
`§§ 1331 and 1338(a).
`
`7.
`
`ACS Group does not contest whether personal jurisdiction over it properly lies in
`
`this judicial district in this case. ACS Group denies it has committed or is committing acts of
`
`
`
`2
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`

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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 3 of 24 PageID #: 345
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`infringement and denies Plaintiff is entitled to any relief. ACS Group denies any remaining
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`allegations in Paragraph 7 of the Complaint.
`
`8.
`
`ACS Group does not contest whether personal jurisdiction over it properly lies in
`
`this judicial district in this case. ACS Group denies it has committed or is committing acts of
`
`infringement and denies Plaintiff is entitled to any relief. ACS Group denies any remaining
`
`allegations in Paragraph 8 of the Complaint.
`
`9.
`
`ACS Group does not contest venue because ACS Group resides in this district
`
`through its incorporation. ACS Group denies the remaining allegations in Paragraph 9 of the
`
`Complaint.
`
`[ALLEGED] FACTUAL ALLEGATIONS
`
`10.
`
`ACS Group admits that a purported copy of the ’512 Patent is attached to the
`
`Complaint as Exhibit A, and that the face of the patent indicates that it is entitled “METHOD OF
`
`ENABLING A WIRELESS DEVICE TO MAKE A NETWORK CONNECTION WITHOUT
`
`USING A NETWORK OPERATOR’S HOME LOCATION REGISTER.” ACS Group is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 10, and therefore denies them.
`
`11.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 11, and therefore denies them.
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`12.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 12, and therefore denies them.
`
`13.
`
`ACS Group denies that the claims of the ’512 Patent comprise any “invention,” and
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`on the basis, denies the allegations in Paragraph 13.
`
`
`
`3
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`

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`14.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
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`Paragraph 14 of the Complaint.
`
`15.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`16.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`17.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`18.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`19.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`20.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`21.
`
`ACS Group admits that the ’512 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith.
`
`22.
`
`23.
`
`ACS Group denies the allegations in Paragraph 22.
`
`ACS Group admits that a purported copy of the ’154 Patent is attached to the
`
`Complaint as Exhibit B, and that the face of the patent indicates that it is entitled “METHOD OF
`
`ENABLING A WIRELESS DEVICE TO MAKE A NETWORK CONNECTION WITHOUT
`
`USING A NETWORK OPERATOR’S HOME LOCATION REGISTER.” ACS Group is without
`
`
`
`4
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`

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`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
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`Paragraph 23, and therefore denies them.
`
`24.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 24, and therefore denies them.
`
`25.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 25, and therefore denies them.
`
`26.
`
`ACS Group denies that the claims of the ’154 Patent comprise any “invention,” and
`
`on the basis, denies the allegations in Paragraph 26.
`
`27.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 27 of the Complaint.
`
`28.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 28 of the Complaint.
`
`29.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 29 of the Complaint.
`
`30.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 30 of the Complaint.
`
`31.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 31 of the Complaint.
`
`
`
`5
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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 6 of 24 PageID #: 348
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`32.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 32 of the Complaint.
`
`33.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 33 of the Complaint.
`
`34.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 34 of the Complaint.
`
`35.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 35 of the Complaint.
`
`36.
`
`ACS Group admits that the ’154 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 36 of the Complaint.
`
`37.
`
`38.
`
`ACS Group denies the allegations in Paragraph 37.
`
`ACS Group admits that a purported copy of the ’551 Patent is attached to the
`
`Complaint as Exhibit D, and that the face of the patent indicates that it is entitled “METHOD OF
`
`ENABLING A WIRELESS DEVICE TO MAKE A NETWORK CONNECTION WITHOUT
`
`USING A NETWORK OPERATOR’S HOME LOCATION REGISTER.” ACS Group is without
`
`knowledge or information sufficient to form a belief as to the truth of the remaining allegations in
`
`Paragraph 38, and therefore denies them.
`
`
`
`6
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`

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`39.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 39, and therefore denies them.
`
`40.
`
`ACS Group is without knowledge or information sufficient to form a belief as to
`
`the truth of the allegations in Paragraph 40, and therefore denies them.
`
`41.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 41 of the Complaint.
`
`42.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 42 of the Complaint.
`
`43.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 43 of the Complaint.
`
`44.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 44 of the Complaint.
`
`45.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 45 of the Complaint.
`
`46.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 46 of the Complaint.
`
`
`
`7
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`47.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 47 of the Complaint.
`
`48.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 48 of the Complaint.
`
`49.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 49 of the Complaint.
`
`50.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 50 of the Complaint.
`
`51.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 51 of the Complaint.
`
`52.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 52 of the Complaint.
`
`53.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 53 of the Complaint.
`
`
`
`8
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`54.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 54 of the Complaint.
`
`55.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 55 of the Complaint.
`
`56.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 56 of the Complaint.
`
`57.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 57 of the Complaint.
`
`58.
`
`ACS Group admits that the ’551 Patent speaks for itself, but denies any
`
`characterizations inconsistent therewith. ACS Group denies any remaining allegations in
`
`Paragraph 58 of the Complaint.
`
`59.
`
`ACS Group denies the allegations in Paragraph 59 of the Complaint.
`
`DEFENDANTS [ALLEGED] PRODUCT(S)
`
`U.S. 8,861,512
`
`60.
`
`61.
`
`ACS Group denies the allegations in Paragraph 60 of the Complaint.
`
`ACS Group admits that a claim chart is attached to the Complaint as Exhibit D, but
`
`denies it has committed or is committing acts of infringement and denies Plaintiff is entitled to any
`
`relief. ACS Group denies any remaining allegations in Paragraph 61 of the Complaint.
`
`62.
`
`63.
`
`
`
`ACS Group denies the allegations in Paragraph 62 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 63 of the Complaint.
`
`9
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`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`74.
`
`75.
`
`76.
`
`77.
`
`78.
`
`ACS Group denies the allegations in Paragraph 64 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 65 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 66 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 67 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 68 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 69 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 70 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 71 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 72 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 73 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 74 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 75 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 76 of the Complaint.
`
`U.S. 9,173,154
`
`ACS Group denies the allegations in Paragraph 77 of the Complaint.
`
`ACS Group admits that a claim chart is attached to the Complaint as Exhibit F, but
`
`denies it has committed or is committing acts of infringement and denies Plaintiff is entitled to any
`
`relief. ACS Group denies any remaining allegations in Paragraph 78 of the Complaint.
`
`79.
`
`80.
`
`81.
`
`82.
`
`83.
`
`84.
`
`ACS Group denies the allegations in Paragraph 79 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 80 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 81 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 82 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 83 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 84 of the Complaint.
`10
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`85.
`
`86.
`
`87.
`
`88.
`
`89.
`
`90.
`
`91.
`
`92.
`
`93.
`
`94.
`
`95.
`
`96.
`
`97.
`
`98.
`
`99.
`
`ACS Group denies the allegations in Paragraph 85 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 86 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 87 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 88 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 89 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 90 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 91 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 92 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 93 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 94 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 95 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 96 of the Complaint.
`
`ACS Group denies the allegations in Paragraph 97 of the Complaint.
`
`U.S. 9,951,551
`
`ACS Group denies the allegations in Paragraph 98 of the Complaint.
`
`ACS Group admits that a claim chart is attached to the Complaint as Exhibit H, but
`
`denies it has committed or is committing acts of infringement and denies Plaintiff is entitled to any
`
`relief. ACS Group denies any remaining allegations in Paragraph 99 of the Complaint.
`
`100. ACS Group denies the allegations in Paragraph 100 of the Complaint.
`
`101. ACS Group denies the allegations in Paragraph 101 of the Complaint.
`
`102. ACS Group denies the allegations in Paragraph 102 of the Complaint.
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`103. ACS Group denies the allegations in Paragraph 103 of the Complaint.
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`104. ACS Group denies the allegations in Paragraph 104 of the Complaint.
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`105. ACS Group denies the allegations in Paragraph 105 of the Complaint.
`11
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`106. ACS Group denies the allegations in Paragraph 106 of the Complaint.
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`107. ACS Group denies the allegations in Paragraph 107 of the Complaint.
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`108. ACS Group denies the allegations in Paragraph 108 of the Complaint.
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`109. ACS Group denies the allegations in Paragraph 109 of the Complaint.
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`110. ACS Group denies the allegations in Paragraph 110 of the Complaint.
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`111. ACS Group denies the allegations in Paragraph 111 of the Complaint.
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`112. ACS Group denies the allegations in Paragraph 112 of the Complaint.
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`113. ACS Group denies the allegations in Paragraph 113 of the Complaint.
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`114. ACS Group denies the allegations in Paragraph 114 of the Complaint.
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`115. ACS Group denies the allegations in Paragraph 115 of the Complaint.
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`116. ACS Group denies the allegations in Paragraph 116 of the Complaint.
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`117. ACS Group denies the allegations in Paragraph 117 of the Complaint.
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`118. ACS Group denies the allegations in Paragraph 118 of the Complaint.
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`119. ACS Group denies the allegations in Paragraph 119 of the Complaint.
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`120. ACS Group denies the allegations in Paragraph 120 of the Complaint.
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`121. ACS Group denies the allegations in Paragraph 121 of the Complaint.
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`122. ACS Group denies the allegations in Paragraph 122 of the Complaint.
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`123. ACS Group denies the allegations in Paragraph 123 of the Complaint.
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`124. ACS Group denies the allegations in Paragraph 124 of the Complaint.
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`125. ACS Group denies the allegations in Paragraph 125 of the Complaint.
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`[ALLEGED] INFRINGEMENT OF THE PATENTS-IN-SUIT
`
`126. ACS Group incorporates by reference each of its responses set forth in Paragraphs
`
`1-125 above as if fully set forth herein.
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`127. ACS Group denies the allegations in Paragraph 127 of the Complaint.
`12
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`128. ACS Group denies the allegations in Paragraph 128 of the Complaint.
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`129. ACS Group denies the allegations in Paragraph 129 of the Complaint.
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`130. ACS Group denies the allegations in Paragraph 130 of the Complaint.
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`131. ACS Group denies the allegations in Paragraph 131 of the Complaint.
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`132. ACS Group denies the allegations in Paragraph 132 of the Complaint.
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`133. ACS Group denies the allegations in Paragraph 133 of the Complaint.
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`134. ACS Group denies the allegations in Paragraph 134 of the Complaint.
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`135. ACS Group admits that claim charts are attached to the Complaint as Exhibits D,
`
`E, F, but denies it has committed or is committing acts of infringement and denies Plaintiff is
`
`entitled to any relief. ACS Group is without knowledge or information sufficient to form a belief
`
`as to the truth of the remaining = allegations in Paragraph 135, and therefore denies them.
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`[PLAINTIFF’S] JURY DEMAND
`
`136. Plaintiff’s Jury Demand does not contain any allegations and therefore does not
`
`require a response. To the extent a response is required, ACS Group denies those allegations.
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`[PLAINTIFF’S] PRAYER FOR RELIEF
`
`To the extent that a response is required to Plaintiff’s prayer for relief, ACS Group denies
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`that Plaintiff is entitled to any judgment against ACS Group and/or an order granting relief in any
`
`of the forms requested in parts A-G.
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`
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`13
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`ACS GROUP’S AFFIRMATIVE DEFENSES
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`
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`In addition to answering the Complaint, ACS Group asserts the following affirmative
`
`defenses. ACS Group reserves the right to amend this Answer to add additional affirmative
`
`defenses as further information is obtained.
`
`FIRST AFFIRMATIVE DEFENSE
`
`ACS Group has not infringed and does not infringe, under any theory of infringement,
`
`including literally or under the doctrine of equivalents, directly (whether individually or jointly),
`
`or indirectly (whether contributorily or by inducement), any valid, enforceable claim of the ’512,
`
`’154, ’551 Patents (the “Asserted Patents”).
`
`SECOND AFFIRMATIVE DEFENSE
`
`Each asserted claim of the Asserted Patents are invalid for failure to comply with one or
`
`more of the requirements of the United States Code, Title 35, including without limitation, 35
`
`U.S.C. §§ 101, 102, 103, and 112, and the rules, regulations, and laws pertaining thereto.
`
`THIRD AFFIRMATIVE DEFENSE
`
`To the extent that Plaintiff and any predecessors in interest to the Asserted Patents failed
`
`to properly mark any of their relevant products or materials as required by 35 U.S.C. § 287, or
`
`otherwise give proper notice that ACS Group’s actions allegedly infringe the Asserted Patents,
`
`ACS Group is not liable to Plaintiff for the acts alleged to have been performed before ACS Group
`
`received actual notice that it was allegedly infringing the Asserted Patents.
`
`FOURTH AFFIRMATIVE DEFENSE
`
`To the extent that Plaintiff asserts that ACS Group indirectly infringes, either by
`
`contributory infringement or inducement of infringement, ACS Group is not liable to Plaintiff for
`
`the acts alleged to have been performed before ACS Group knew that its actions would cause
`
`indirect infringement.
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`
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`14
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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 15 of 24 PageID #: 357
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`FIFTH AFFIRMATIVE DEFENSE
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`
`
`Plaintiff’s Complaint fails to state a claim upon which relief can be granted because the
`
`claims of the Asserted Patents do not claim patent eligible subject matter under 35 U.S.C. § 101.
`
`SIXTH AFFIRMATIVE DEFENSE
`
`
`
`Plaintiff’s Complaint fails to state a claim of direct infringement because, among other
`
`things, Plaintiff has not stated a plausible allegation that any method or system employed or
`
`process practiced by ACS Group performs: (1) “initiate a network connection without using a
`
`network operator’s home location register that covers the region”; (2) “us[e] a module that is
`
`responsible for contacting a server to communicate with the server over a wireless link, wherein
`
`the device includes the module that is implemented as software and that is downloadable to the
`
`device”; (3) “[use] the module to send, over the wireless link, data to the server that defines a call
`
`request”; (4) “in response to a call request, [have] a software application running on the server
`
`deciding on the appropriate routing to a third party end-user over all available networks for that
`
`call request without using the network operator’s home or visitor location register,”; (5)
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`“establish[] and control[] communication between the device and the server”; and/or (6) “initiate
`
`a network connection without using a network operator’s home location register, wherein the
`
`server includes a software application that functions as a calls manager,” as required by at least
`
`claims 1, 8, 12, 23, and/or 24 of the ’515 Patent; (1) “initiate a network connection without using
`
`a network operator’s home location register that covers that region”; (2) “us[e] a module that is
`
`responsible for contacting a server to communicate with the server over a wireless link”; (3) “us[e]
`
`the module to send, over the wireless link, data to the server that defines a call request”; (4) “in
`
`response to the call request, [have] a software application running on the server deciding on the
`
`appropriate routing to a third party end-user over all available networks for that call request without
`
`using the network operator’s home or visitor location register”; (5) “establish[] and control[]
`
`
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`communication between the device and the server”; and/or (6) “communicate with the server to
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`initiate a network connection without using a network operator’s home location register,” as
`
`required by at least claims 1, 7, 11, 22, 23, and/or 24 of the ‘154 Patent; and (1) “initiate a network
`
`connection without using a network operator’s home location register that covers that region”; (2)
`
`“contact a server to communicate with the server over a wireless link”; (3) “send, over the wireless
`
`link, data to the server that defines a call request; wherein, in response to the call request, a software
`
`application running on the server decides on the appropriate routing to a 3rd party end-user for that
`
`call request without using the network operator’s home or visitor location register”; (4) “decide[]
`
`on the appropriate routing to a 3rd party end-user for that call request without using the network
`
`operator’s home or visitor location register”; and/or (5) “embed[] in [to] the wireless device,” as
`
`required by at least claims 1, 3, 4, 5, 7, 9, 11, 12, 14, 22, 23, and/or 24 of the ‘551 Patent.
`
`SEVENTH AFFIRMATIVE DEFENSE
`
`To the extent that Plaintiff asserts that ACS Group infringes under a theory of joint
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`infringement, ACS Group is not liable to Plaintiff. ACS Group does not provide or perform each
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`element of any claim of the Asserted Patents, and any actions of third parties accused by Plaintiff
`
`are not attributable to ACS Group.
`
`EIGHTH AFFIRMATIVE DEFENSE
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`Plaintiff is precluded from recovering its reasonable attorney’s fees, costs, and/or increased
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`damages under 35 U.S.C. §§ 284 or 285.
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`NINTH AFFIRMATIVE DEFENSE
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`Plaintiff is not entitled to injunctive relief as it has, at a minimum, no irreparable injury and
`
`an adequate remedy at law for the alleged infringement.
`
`
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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 17 of 24 PageID #: 359
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`TENTH AFFIRMATIVE DEFENSE
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`Plaintiff attempted enforcement of the Asserted Patents against ACS Group is barred by
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`one or more of the equitable doctrines of estoppel, acquiescence, waiver, and unclean hands.
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`ELEVENTH AFFIRMATIVE DEFENSE
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`Plaintiff is estopped, based on statements, representations, and admissions made during
`
`prosecution of the patent application resulting in the Asserted Patents and/or applications related
`
`thereto, from asserting any interpretations of any valid, enforceable claims of the Asserted Patents
`
`that would be broad enough to cover any activity of ACS Group, either literally or by application
`
`of the doctrine of equivalents.
`
`
`
`
`
`ALASKA COMMUNICATIONS SYSTEMS GROUP, INC.’S COUNTERCLAIMS
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`For its counterclaims against Counterclaim Defendant Coretek Licensing LLC’s
`
`(“Coretek”), Counterclaim Plaintiff Alaska Communications Systems Group, Inc. (“ACS Group”)
`
`alleges as follows:
`
`PARTIES
`
`1.
`
`ACS Group is a corporation organized under the laws of Delaware, with a business
`
`address located at 600 Telephone Avenue, Anchorage, Alaska 99503.
`
`2.
`
`Upon information and belief based solely on paragraph 2 of the Complaint as pled
`
`by Plaintiff, Coretek is a limited liability company organized and existing under the laws of the
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`State of Texas with a principal place of business at 2018 Dallas Parkway – Suite 214-1051, Plano,
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`Texas 75093-4362.
`
`JURISDICTION
`
`3.
`
`ACS Group incorporates by reference paragraphs 1-2 above.
`
`
`
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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 18 of 24 PageID #: 360
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`4.
`
`These counterclaims arise under the patent laws of the United States, Title 35,
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`United States Code. The jurisdiction of this Court is proper under at least 35 U.S.C. § 271 et seq.,
`
`and 28 U.S.C. §§ 1331, 1338, 1367, and 2201–02.
`
`5.
`
`Coretek has consented to the personal jurisdiction of this Court at least by
`
`commencing its action for patent infringement in this District, as set forth in its Complaint.
`
`6.
`
`Based solely on the filing of this action, venue is proper, though not necessarily
`
`convenient, in this District pursuant at least 28 U.S.C. §§ 1391 and 1400.
`
`COUNT I: DECLARATION REGARDING
`NON-INFRINGEMENT OF U.S. PAT. NO. 8,861,512
`
`ACS Group incorporates by reference paragraphs 1-6 above.
`
`Based on the filing of this action and at least ACS Group’s first affirmative defense,
`
`7.
`
`8.
`
`an actual controversy has arisen and now exists between the parties as to whether ACS Group
`
`infringes U.S. Patent No. 8,861,512 (the “’512 Patent”).
`
`9.
`
`ACS Group does not infringe at least Claims 1, 8, 12, 23, or 24 of the ’512 Patent
`
`because, inter alia, the accused system does not: (1) “initiate a network connection without using
`
`a network operator’s home location register that covers the region”; (2) “us[e] a module that is
`
`responsible for contacting a server to communicate with the server over a wireless link, wherein
`
`the device includes the module that is implemented as software and that is downloadable to the
`
`device”; (3) “[use] the module to send, over the wireless link, data to the server that defines a call
`
`request”; (4) “in response to a call request, [have] a software application running on the server
`
`deciding on the appropriate routing to a third party end-user over all available networks for that
`
`call request without using the network operator’s home or visitor location register,”; (5)
`
`“establish[] and control[] communication between the device and the server”; and/or (6) “initiate
`
`
`
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`Case 1:21-cv-01840-MN-CJB Document 11 Filed 01/20/22 Page 19 of 24 PageID #: 361
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`a network connection without using a network operator’s home location register, wherein the
`
`server includes a software application that functions as a calls manager.”
`
`10.
`
`Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et seq., ACS
`
`Group requests a declaration by the Court that ACS Group has not infringed and does not infringe
`
`any claim of the ’512 Patent under any theory of infringement, including directly (whether
`