PUBLIC VERSION
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`Before the Honorable Thomas B. Pender
`Administrative Law Judge
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`Investigation No. 337-TA-998
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`IN THE MATTER OF
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`CERTAIN HYBRID ELECTRIC
`VEHICLES AND COMPONENTS
`THEREOF
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`PORSCHE CARS NORTH AMERICA, INC.’S
`RESPONSE TO THE COMPLAINT AND NOTICE OF INVESTIGATION
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`Respondent
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`Porsche Cars North America, Inc.
`One Porsche Drive
`Atlanta, GA 30354
`Tel: (770) 290-3500
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`Counsel for Respondent
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`Edgar H. Haug
`Robert E. Colletti
`Michael W. Harkness
`FROMMER LAWRENCE & HAUG LLP
`745 Fifth Avenue
`New York, NY 10151
`Tel: (212) 588-0800
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`Christopher F. Gosselin
`FROMMER LAWRENCE & HAUG LLP
`1667 K. St. NW
`Washington, DC 20006
`Tel: (202) 292-1530
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`Complainants
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`Paice LLC
`111 South Calvert St., Suite 2310
`Baltimore, MD 21202
`Tel: (410) 539-1007
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`Abell Foundation, Inc.
`111 South Calvert St., Suite 2300
`Baltimore, MD 21202
`Tel: (410) 547-1300
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`Counsel for Complainants
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`Linda L. Kordziel, Esq.
`FISH & RICHARDSON P.C.
`1425 K St. NW, Suite 1100
`Washington, DC 20005
`Tel: (202) 783-5070
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`PUBLIC VERSION
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`Respondent Porsche Cars North America, Inc. (“PCNA”), by its attorneys and pursuant
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`to Rule 210.13 of the Commission’s Rules of Practice and Procedure, hereby submits this
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`Response to the Amended Complaint filed by Paice LLC and the Abell Foundation (“Paice”) on
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`April 29, 2016 and the Notice of Investigation issued by the United States International Trade
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`Commission (“the Commission”) dated May 18, 2016.
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`All allegations in the Complaint which are not specifically admitted as set forth below are
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`hereby denied.
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`To the extent the headings used in the Complaint contain any allegations, PCNA denies
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`such allegations. PCNA includes the headings from the Complaint in this Response solely for
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`purposes of clarity.
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`I.
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`INTRODUCTION
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`1.
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`PCNA admits that Paice filed a Complaint pursuant to Section 337 of the Tariff
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`Act of 1930, as amended, 19 U.S.C. § 1337, to remedy allegedly unlawful importation into the
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`United States, sale for importation, and/or sale within the United States after importation by the
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`owner, importer, or consignee, of certain hybrid electric vehicles and components thereof. But
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`PCNA denies that there is or has been any such unlawful importation, sale for importation,
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`and/or sale after importation as alleged. PCNA denies the remaining allegations of Paragraph 1.
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`2.
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`PCNA admits that the proposed respondents are Volkswagen AG, Volkswagen
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`Group of America, Inc., Dr. Ing. h.c. F. Porsche AG, Porsche Cars North America, Inc., Audi
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`AG, and Audi of America, LLC. PCNA further admits that Paice alleges infringement of three
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`U.S. Patents: U.S. Pat. No. 7,104,347; 7,237,634; and 8,214,097, but denies that it has engaged
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`in any unfair acts in violation of Section 337. PCNA denies the remaining allegations of
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`Paragraph 2.
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`PUBLIC VERSION
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`3.
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`PCNA admits that Paice asserts the listed claims, but denies that it infringes any
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`of these Asserted Claims, directly, contributorily, or by inducement. PCNA denies the
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`remaining allegations of Paragraph 3.
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`4.
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`PCNA admits that Exhibits 1-3 to the Complaint purport to be copies of the
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`Asserted Patents. PCNA further admits that Appendices 1-3 of the Complaint purport to be
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`certified copies of the prosecution histories to the Asserted Patents. PCNA lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph 4
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`of the Complaint, and therefore denies them.
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`5.
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`6.
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`PCNA denies the allegations in Paragraph 5 of the Complaint.
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`The allegations contained in Paragraph 6 are not factual allegations that call for a
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`response from PCNA. To the extent the allegations in Paragraph 6 require a response, PCNA
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`admits that Paice seeks the listed relief but denies that Paice is entitled to any relief.
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`A.
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`7.
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`Overview
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 7 of the Complaint, and therefore denies them..
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`B.
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`8.
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`Paice and Abell Background
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 8 of the Complaint, and therefore denies them..
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`9.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 9 of the Complaint, and therefore denies them.
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`10.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 10 of the Complaint, and therefore denies them.
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`11.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 11 of the Complaint, and therefore denies them.
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`PUBLIC VERSION
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`12.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 12 of the Complaint, and therefore denies them.
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`13.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 13 of the Complaint, and therefore denies them.
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`14.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 14 of the Complaint, and therefore denies them.
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`15.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 15 of the Complaint, and therefore denies them.
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`16.
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`PCNA admits that Toyota, Ford, Hyundai Motor Company, and Kia Motors
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`Corporation are among the world’s largest automakers by volume, and together account for a
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`majority of hybrid vehicle sales in the U.S. PCNA lacks knowledge or information sufficient to
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`form a belief as to the truth of the remaining allegations in Paragraph 16 of the Complaint, and
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`therefore denies them.
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`C.
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`17.
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`Paice Hybrid vs. VW Diesel
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 17 of the Complaint, and therefore denies them.
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`18.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 18 of the Complaint, and therefore denies them.
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`19.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 19 of the Complaint, and therefore denies them.
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`20.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 20 of the Complaint, and therefore denies them.
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`21.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 21 of the Complaint, and therefore denies them.
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`D.
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`22.
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`PUBLIC VERSION
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`VW-Paice Collaboration
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 22 of the Complaint, and therefore denies them.
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`23.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 23 of the Complaint, and therefore denies them.
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`24.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 24 of the Complaint, and therefore denies them.
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`25.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 25 of the Complaint, and therefore denies them.
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`26.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 26 of the Complaint, and therefore denies them.
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`27.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 27 of the Complaint, and therefore denies them.
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`28.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 28 of the Complaint, and therefore denies them.
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`29.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 29 of the Complaint, and therefore denies them.
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`30.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 30 of the Complaint, and therefore denies them.
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`31.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 31 of the Complaint, and therefore denies them.
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`32.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 32 of the Complaint, and therefore denies them.
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`33.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 33 of the Complaint, and therefore denies them.
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`34.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 34 of the Complaint, and therefore denies them.
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`35.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 35 of the Complaint, and therefore denies them.
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`36.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 36 of the Complaint, and therefore denies them.
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`37.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 37 of the Complaint, and therefore denies them.
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`38.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 38 of the Complaint, and therefore denies them.
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`39.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 39 of the Complaint, and therefore denies them.
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`40.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 40 of the Complaint, and therefore denies them.
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`41.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 41 of the Complaint, and therefore denies them.
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`42.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 42 of the Complaint, and therefore denies them.
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`43.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 43 of the Complaint, and therefore denies them.
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`44.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 44 of the Complaint, and therefore denies them.
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`PUBLIC VERSION
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`45.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 45 of the Complaint, and therefore denies them.
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`46.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 46 of the Complaint, and therefore denies them.
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`47.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 47 of the Complaint, and therefore denies them.
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`48.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 48 of the Complaint, and therefore denies them.
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`49.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 49 of the Complaint, and therefore denies them.
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`50.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 50 of the Complaint, and therefore denies them.
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`51.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 51 of the Complaint, and therefore denies them.
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`52.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 52 of the Complaint, and therefore denies them.
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`53.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 53 of the Complaint, and therefore denies them.
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`54.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 54 of the Complaint, and therefore denies them.
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`55.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 55 of the Complaint, and therefore denies them.
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`56.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 56 of the Complaint, and therefore denies them.
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`PUBLIC VERSION
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`57.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 57 of the Complaint, and therefore denies them.
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`58.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 58 of the Complaint, and therefore denies them.
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`59.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 59 of the Complaint, and therefore denies them.
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`60.
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`PCNA denies that it has used Paice’s technology in knowing disregard of Paice’s
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`patents. PCNA lacks knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations in Paragraph 60 of the Complaint, and therefore denies them.
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`61.
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`PCNA admits that Paice was engaged in litigation against Toyota from 2004-
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`2010, against Ford in 2010 and 2014, and against Hyundai/Kia from 2012-2015. PCNA denies
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`that it infringed or infringes Paice’s intellectual property. PCNA lacks knowledge or information
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`sufficient to form a belief as to the truth of the allegations in Paragraph 61 of the Complaint, and
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`therefore denies them.
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`E.
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`62.
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`Paice’s Licensing Efforts
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`PCNA admits that Paice sued Toyota in 2004 alleging patent infringement,
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`including infringement of U.S. Patent No. 5,343,970. PCNA admits the jury found that Toyota
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`did not infringe the ‘970 patent literally, but that Toyota did infringe claims 11 and 39 under the
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`doctrine of equivalents. PCNA admits the Federal Circuit affirmed the jury verdict on appeal.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of the allegations
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`in Paragraph 62 of the Complaint, and therefore denies them.
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`63.
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`PCNA admits that Paice sued Ford in 2010, alleging infringement of the ’970
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`patent. PCNA further admits that Paice sued Ford again in 2014, and that the lawsuit is currently
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`stayed pending the resolution of Ford’s numerous petitions for inter partes review. PCNA lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in
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`PUBLIC VERSION
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`Paragraph 63 of the Complaint, and therefore denies them.
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`64.
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`PCNA admits that a Maryland jury award Paice $28.9 million for patent
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`infringement. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 64 of the Complaint, and therefore denies them.
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`65.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 65 of the Complaint, and therefore denies them.
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`II.
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`Complainants
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`66.
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`PCNA admits that Exhibits 4-26 of the Complaint contain what Paice purports to
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`be certified copies of the recorded assignments of the Asserted Patents. PCNA lacks knowledge
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`or information sufficient to form a belief as to the truth of the remaining allegations in Paragraph
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`66 of the Complaint, and therefore denies them.
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`67.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 67 of the Complaint, and therefore denies them.
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`68.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 68 of the Complaint, and therefore denies them.
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`69.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 69 of the Complaint, and therefore denies them.
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`70.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 70 of the Complaint, and therefore denies them.
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`71.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 71 of the Complaint, and therefore denies them.
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`III.
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`Proposed Respondents
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`PUBLIC VERSION
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`72.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 72 of the Complaint, and therefore denies them.
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`73.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 73 of the Complaint, and therefore denies them.
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`74.
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`PCNA admits that it is a Delaware corporation with its principal place of business
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`at One Porsche Drive, Atlanta, Georgia, 30354. PCNA admits that it is a wholly-owned indirect
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`subsidiary of Dr. Ing. h.c. F. Porsche AG. PCNA admits that Dr. Ing. h.c. F. Porsche AG is a
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`corporation organized under the laws of Germany with a principal place of business at
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`Porscheplatz 1, D-70435, Stuttgart, Germany. PCNA admits that Dr. Ing. h.c. F. Porsche AG is
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`a subsidiary of VW AG. PCNA denies the remaining allegations in Paragraph 74 of the
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`Complaint.
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`75.
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`PCNA admits that it imports hybrid electric vehicles into the United States and
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`sells those vehicles after importation. PCNA admits that it engages in repair, service, and
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`support related activities in the United States related to hybrid electric vehicles. PCNA denies
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`the remaining allegations in Paragraph 75 of the Complaint.
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`76.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 76 of the Complaint, and therefore denies them.
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`77.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 77 of the Complaint, and therefore denies them.
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`78.
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`PCNA admits that the Complaint collectively refers to VW, Porsche, and Audi as
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`the “Volkswagen Group” or “Respondents.” PCNA denies the remaining allegations in
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`Paragraph 78 of the Complaint.
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`PUBLIC VERSION
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`The Technology and Products At Issue
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`IV.
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`79.
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`PCNA admits that the technology at issue relates generally to the concept of
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`controlling hybrid electric vehicles. PCNA denies that the Asserted Patents are directed to a
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`novel hybrid electric vehicle controller and related methods. PCNA denies the remaining
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`allegations in Paragraph 79 of the Complaint.
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`80.
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`81.
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`PCNA denies the allegations in Paragraph 80 of the Complaint.
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`The allegations contained in Paragraph 81 are not factual allegations that call for a
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`response from PCNA. To the extent the allegations in Paragraph 81 require a response, PCNA
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`denies them.
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`V.
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`The Asserted Patents
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`A.
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`82.
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`83.
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`The ’347 Patent
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`PCNA admits the allegations in Paragraph 82 of the Complaint.
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`PCNA admits that Exhibits 4-26 of the Complaint contain what Paice purports to
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`be certified copies of the of the assignment records for the ’347 Patent. PCNA denies that the
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`’347 Patent is valid and enforceable. PCNA lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 82 of the Complaint, and therefore
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`denies them.
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`84.
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`PCNA admits that Appendix A of the Complaint contains what Paice purports to
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`be a certified copy of the prosecution history for the ’347 Patent. PCNA further admits that
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`Appendix D of the Complaint contains what Paice purports to be each reference mentioned in the
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`prosecution history. PCNA lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations in Paragraph 84 of the Complaint, and therefore denies them.
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`PUBLIC VERSION
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`85.
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`PCNA admits that hybrid vehicles can operate using the electric motor, the
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`gasoline engine, or both. PCNA denies the remaining allegations in Paragraph 85 of the
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`Complaint.
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`86.
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`PCNA denies the allegations in Paragraph 86 because they contain an incomplete
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`description of the control program depicted in Figure 9.
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`87.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 87 of the Complaint, and therefore denies them.
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`88.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 88 of the Complaint, and therefore denies them.
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`89.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 89 of the Complaint, and therefore denies them.
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`90.
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`The allegations contained in Paragraph 90 are not factual allegations that call for a
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`response from PCNA. To the extent the allegations in Paragraph 90 require a response, PCNA
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`denies them.
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`B.
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`91.
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`92.
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`The ’634 Patent
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`PCNA admits the allegations in Paragraph 91 of the Complaint.
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`PCNA admits that Exhibits 4-26 of the Complaint contain what Paice purports to
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`be certified copies of the of the assignment records for the ’634 Patent. PCNA denies that the
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`’634 Patent is valid and enforceable. PCNA lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 92 of the Complaint, and therefore
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`denies them.
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`93.
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`PCNA admits that Appendix B of the Complaint contains what Paice purports to
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`be a certified copy of the prosecution history for the ’634 Patent. PCNA further admits that
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`Appendix E of the Complaint contains what Paice purports to be each reference mentioned in the
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`prosecution history. PCNA lacks knowledge or information sufficient to form a belief as to the
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`PUBLIC VERSION
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`truth of the remaining allegations in Paragraph 93 of the Complaint, and therefore denies them.
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`94.
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`95.
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`PCNA denies the allegations in Paragraph 94 of the Complaint.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 95 of the Complaint, and therefore denies them.
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`96.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 96 of the Complaint, and therefore denies them.
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`97.
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`PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 97 of the Complaint, and therefore denies them.
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`98.
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`The allegations contained in Paragraph 98 are not factual allegations that call for a
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`response from PCNA. To the extent the allegations in Paragraph 98 require a response, PCNA
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`denies them.
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`C.
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`99.
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`The ’097 Patent
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`PCNA admits the allegations in Paragraph 99 of the Complaint.
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`100. PCNA admits that Exhibits 4-26 of the Complaint contain what Paice purports to
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`be certified copies of the of the assignment records for the ’097 Patent. PCNA denies that the
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`’097 Patent is valid and enforceable. PCNA lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 100 of the Complaint, and
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`therefore denies them.
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`101. PCNA admits that Appendix C of the Complaint contains what Paice purports to
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`be a certified copy of the prosecution history for the ’09 7 Patent. PCNA further admits that
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`Appendix F of the Complaint contains what Paice purports to be each reference mentioned in the
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`prosecution history. PCNA lacks knowledge or information sufficient to form a belief as to the
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`truth of the remaining allegations in Paragraph 101 of the Complaint, and therefore denies them.
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`PUBLIC VERSION
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`102. PCNA denies the allegations in Paragraph 102 because they contain an
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`incomplete description of the ’097 Patent.
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`103. PCNA denies the allegations in Paragraph 103 because they contain an
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`incomplete description of the timing diagram depicted in Figure 7.
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`104. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 104 of the Complaint, and therefore denies them.
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`105. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 105 of the Complaint, and therefore denies them.
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`106. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 106 of the Complaint, and therefore denies them.
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`107. The allegations contained in Paragraph 107 are not factual allegations that call for
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`a response from PCNA. To the extent the allegations in Paragraph 107 require a response,
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`PCNA denies them.
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`VI. Unfair Acts of Proposed Respondents
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`108. PCNA denies the allegations in Paragraph 108 of the Complaint.
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`109. PCNA denies that it designs, manufactures, and/or tests the Accused Products
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`outside of the United States. PCNA admits that it imports Porsche vehicles into the United
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`States and sells those vehicles after importation. PCNA denies the remaining allegations in
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`Paragraph 109 of the Complaint.
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`110. PCNA denies the allegations in Paragraph 110 of the Complaint.
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`111. Paragraph 111 relates to the alleged infringement of other Respondents, for which
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`no response from PCNA should be required. To the extent a response is required, PCNA lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in
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`Paragraph 111 of the Complaint, and therefore denies them.
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`112. Paragraph 112 relates to the alleged infringement of other Respondents, for which
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`no response from PCNA should be required. To the extent a response is required, PCNA lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in
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`Paragraph 112 of the Complaint, and therefore denies them.
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`113. Paragraph 113 relates to the alleged infringement of other Respondents, for which
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`no response from PCNA should be required. To the extent a response is required, PCNA lacks
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`knowledge or information sufficient to form a belief as to the truth of the allegations in
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`Paragraph 113 of the Complaint, and therefore denies them.
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`114. PCNA admits that that Exhibits 38-40 to the Complaint include what Paice
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`purports to be claim charts comparing the Accused Products to the Asserted Claims. PCNA
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`denies that any of the Accused Products infringe the Asserted Claims. PCNA denies the
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`remaining allegations in Paragraph 114 of the Complaint.
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`115. PCNA denies the allegations in Paragraph 115 of the Complaint.
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`116. PCNA denies the allegations in Paragraph 116 of the Complaint.
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`117. PCNA denies the allegations in Paragraph 117 of the Complaint.
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`118. PCNA denies the allegations in Paragraph 118 of the Complaint.
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`119. PCNA denies the allegations in Paragraph 119 of the Complaint.
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`120. PCNA denies the allegations in Paragraph 120 of the Complaint.
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`121. PCNA denies the allegations in Paragraph 121 of the Complaint.
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`122. PCNA denies the allegations in Paragraph 122 of the Complaint.
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`VII. Specific Instances of Unfair Importation and Sale
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`123. PCNA admits that the Porsche Cayenne S E-Hybrid and Porsche Panamera S E-
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`Hybrid are manufactured in Germany. PCNA admits that it imports the Porsche Cayenne S E-
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`Hybrid and Porsche Panamera S E-Hybrid into the United States. PCNA lacks knowledge or
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`information sufficient to form a belief as to the truth of the remaining allegations in Paragraph
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`PUBLIC VERSION
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`123 of the Complaint, and therefore denies them.
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`124. PCNA admits that it sells Porsche hybrids to dealerships throughout the United
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`States. PCNA admits that Exhibit 48 to the Complaint includes what Paice purports to be a page
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`from a website offering a Porsche Cayenne S E-Hybrid for sale. PCNA admits that Exhibit 49 to
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`the Complaint includes what Paice purports to be a vehicle history report for the vehicle
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`described in Exhibit 48. PCNA admits that authorized Porsche dealerships purchase vehicles
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`from PCNA in the United States. PCNA lacks knowledge or information sufficient to form a
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`belief as to the truth of the remaining allegations in Paragraph 124 of the Complaint, and
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`therefore denies them.
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`125. The allegations contained in Paragraph 125 are not factual allegations that call for
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`a response from PCNA. To the extent the allegations in Paragraph 125 require a response,
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`PCNA denies them.
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`VIII. Classification Under the Harmonized Tariff Schedule
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`126. The allegations contained in Paragraph 126 are not factual allegations that call for
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`a response from PCNA. To the extent the allegations in Paragraph 126 require a response,
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`PCNA denies them.
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`IX.
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`Licensees
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`127. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 127 of the Complaint, and therefore denies them.
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`X.
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`Domestic Industry
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`128. PCNA denies the allegations in Paragraph 128 of the Complaint.
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`A.
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`Economic Prong
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`129. PCNA denies that Hyundai and Kia conduct significant domestic activities in the
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`United States related to the Domestic Industry Products. PCNA lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 129 of the
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`Complaint, and therefore denies them.
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`130. PCNA denies that Hyundai and Kia conduct significant domestic activities in the
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`United States related to the Domestic Industry Products. PCNA lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 130 of the
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`Complaint, and therefore denies them.
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`131. PCNA denies that Hyundai and Kia conduct significant domestic activities in the
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`United States related to the Domestic Industry Products. PCNA lacks knowledge or information
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`sufficient to form a belief as to the truth of the remaining allegations in Paragraph 131 of the
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`Complaint, and therefore denies them.
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`132. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the remaining allegations in Paragraph 132 of the Complaint, and therefore denies them.
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`133. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 133 of the Complaint, and therefore denies them.
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`134. PCNA denies the allegations in Paragraph 134 of the Complaint.
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`135. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 135 of the Complaint, and therefore denies them.
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`136. PCNA admits that Exhibits 60-62 to the Complaint includes what Paice purports
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`to be claim charts demonstrating how the Hyundai Sonata Hybrid is covered by an exemplary
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`claim from each of the Asserted Patents. PCNA denies that the Hyundai Sonata Hybrid is
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`actually covered by any of the claims in the Asserted Patents. PCNA admits that in October,
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`2015, a jury in Maryland found that the Hyundai Sonata Hybrid and Kia Optima Hybrid
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`infringed certain of the claims asserted by Paice in that lawsuit. PCNA denies the remaining
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`allegations in Paragraph 136 of the Complaint.
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`137.
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` PCNA admits that in October, 2015, a jury in Maryland found that the Hyundai
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`Sonata Hybrid and Kia Optima Hybrid infringed certain of the claims asserted by Paice in that
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`lawsuit. PCNA lacks knowledge or information sufficient to form a belief as to the truth of the
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`remaining allegations in Paragraph 137 of the Complaint, and therefore denies them.
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`138. PCNA lacks knowledge or information sufficient to form a belief as to the truth of
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`the allegations in Paragraph 138 of the Complaint, and therefore denies them.
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`139. PCNA admits the allegations in Paragraph 139 of the Complaint.
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`140. PCNA admits that the allegations in Paragraph 140 of the Complaint were true at
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`one point in time. However, the facts alleged in Paragraph 140 will continue to change. For
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`example, IPR2014-01415 and IPR2014-01416 are currently on appeal at the U.S. Court of
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`Appeals for the Federal Circuit.
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