Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 1 of 92 PageID #: 770
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`EXHIBIT 1
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`Exhibit 2003
`IPR2015-01872
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`EXHIBIT 1
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`Exhibit 2003
`IPR2015-01872
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`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 2 of 92 PageID #: 771
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`
`C.A. No. 13-1668 (LPS)
`
`JURY TRIAL DEMANDED
`
`)))))))))
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`
`)
`)
`)
`
`INTELLECTUAL VENTURES I LLC and
`INTELLECTUAL VENTURES III LLC,
`
`
`AT&T MOBILITY LLC,
`AT&T MOBILITY II LLC and NEW
`CINGULAR WIRELESS SERVICES, INC.,
`
`
`
`
`
`Defendants.
`
`
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`
`
`ERICSSON’S ANSWER IN INTERVENTION
`
`Pursuant to Rule 24(c) of the Federal Rules of Civil Procedure and their motion to
`
`intervene in this action (filed concurrently herewith), Ericsson Inc. and Telefonaktiebolaget LM
`
`Ericsson (collectively, “Ericsson”) submit their Answer to plaintiffs Intellectual Ventures I LLC
`
`and Intellectual Ventures II LLC’s (collectively, “Plaintiff”) Complaint Alleging Patent
`
`Infringement against AT&T Mobility LLC, AT&T Mobility II LLC, and New Cingular Wireless
`
`Services, Inc., (collectively, “Defendants”) filed on October 7, 2013 (D.I. No. 1, the
`
`“Complaint”).
`
`THE PARTIES
`
`1.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 1 of the Complaint, and therefore denies them.
`
`2.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 2 of the Complaint, and therefore denies them.
`
`3.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 3 of the Complaint, and therefore denies them.
`
`
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`4.
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`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 4 of the Complaint, and therefore denies them.
`
`5.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 5 of the Complaint, and therefore denies them.
`
`NATURE OF THE ACTION
`
`6.
`
`Ericsson admits that the Complaint purports to pursue an action for patent
`
`infringement under the provisions of the Patent Laws of the United States of America, Title 35 of
`
`the United States Code. To the extent Plaintiff’s allegations relate to products and/or services
`
`provided by Ericsson, Ericsson denies that the Complaint properly states such claims and
`
`specifically denies any wrongdoing or infringement by Ericsson and by the Defendants.
`
`JURISDICTION AND VENUE
`
`7.
`
` Ericsson denies that this Court has jurisdiction over Plaintiff’s infringement
`
`allegations for United States Patent No. 6,023,783 because Plaintiff does not have standing to
`
`assert infringement of that patent. To the extent Plaintiff has standing to assert infringement of
`
`the remaining patents, Ericsson admits that the Court has subject-matter jurisdiction over
`
`Plaintiff’s claims pursuant to 28 U.S.C. §§ 1331 and 1338(a).
`
`8.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies that Defendants or Ericsson have committed infringing acts in this
`
`District, that Plaintiff has been injured as a result of those acts, and that Defendants or Ericsson
`
`expect or should reasonably expect its actions to have consequences within the District. Ericsson
`
`is without knowledge or information sufficient to form a belief about the truth of the remaining
`
`allegations of paragraph 8, and therefore denies them.
`
`2
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`9.
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`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 9 of the Complaint, and therefore denies them.
`
`10.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 10 of the Complaint, and therefore denies them.
`
`11.
`
`Ericsson admits that venue is proper in this jurisdiction solely for the purposes of
`
`this action pursuant to 28 U.S.C. §§ 1391 and 1400(b).
`
`THE PATENTS IN SUIT
`
`12.
`
`Ericsson incorporates by reference its responses to paragraphs 1-11 of the
`
`Complaint.
`
`U.S. PATENT NO. 6,640,248
`
`13.
`
`Ericsson admits that, on its face, United States Patent No. 6,640,248 (the “‘248
`
`Patent”) is entitled “APPLICATION-AWARE, QUALITY OF SERVICE (QoS) SENSITIVE,
`
`MEDIA ACCESS CONTROL (MAC) LAYER.” Ericsson admits that a copy of the ‘248 Patent
`
`was attached as Exhibit A to the Complaint.
`
`14.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 14, and therefore denies them.
`
`U.S. PATENT NO. 5,602,831
`
`15.
`
`Ericsson admits that, on its face, United States Patent No. 5,602,831 (the “‘831
`
`Patent”)
`
`is entitled “OPTIMIZING PACKET SIZE TO ELIMINATE EFFECTS OF
`
`RECEPTION NULLS.” Ericsson admits that a copy of the ‘831 Patent was attached as Exhibit
`
`B to the Complaint.
`
`16.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 16, and therefore denies them.
`
`3
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`U.S. PATENT NO. 6,023,783
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`17.
`
`Ericsson admits that, on its face, United States Patent No. 6,023,783 (the “‘783
`
`Patent”) is entitled “HYBRID CONCATENATED CODES AND ITERATIVE DECODING.”
`
`Ericsson admits that a copy of the ‘783 Patent was attached as Exhibit C to the Complaint.
`
`18.
`
`Ericsson denies the allegations of paragraph 18 of the Complaint.
`
`U.S. PATENT NO. 6,952,408
`
`19.
`
`Ericsson admits that, on its face, United States Patent No. 6,952,408 (the “‘408
`
`Patent”) is entitled “METHOD OF BASEBAND FREQUENCY HOPPING UTILIZING TIME
`
`DIVISION MULTIPLEXED MAPPING BETWEEN A RADIO TRANSCEIVER AND
`
`DIGITAL SIGNAL PROCESSING RESOURCES.” Ericsson admits that a copy of the ‘408
`
`Patent was attached as Exhibit D to the Complaint.
`
`20.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 20, and therefore denies them.
`
`U.S. PATENT NO. 6,370,153
`
`21.
`
`Ericsson admits that, on its face, United States Patent No. 6,370,153 (the “‘153
`
`Patent”) is entitled “METHOD AND APPARATUS FOR RESERVING RESOURCES OF ONE
`
`OR MORE MULTIPLE ACCESS COMMUNICATION CHANNELS.” Ericsson admits that a
`
`copy of the ‘153 Patent was attached as Exhibit E to the Complaint.
`
`22.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 22, and therefore denies them.
`
`U.S. PATENT NO. 5,963,557
`
`23.
`
`Ericsson admits that, on its face, United States Patent No. 5,963,557 (the “‘557
`
`Patent”) is entitled “HIGH CAPACITY RESERVATION MULTIPLE ACCESS NETWORK
`
`4
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`WITH MULTIPLE SHARED UNIDIRECTIONAL PATHS.” Ericsson admits that a copy of the
`
`‘831 Patent was attached as Exhibit F to the Complaint.
`
`24.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 24, and therefore denies them.
`
`U.S. PATENT NO. 8,310,993
`
`25.
`
`Ericsson admits that, on its face, United States Patent No. 8,310,993 (the “‘993
`
`Patent”)
`
`is entitled “ACKNOWLEDGING COMMUNICATION
`
`IN A WIRELESS
`
`NETWORK.” Ericsson admits that a copy of the ‘993 Patent was attached as Exhibit G to the
`
`Complaint.
`
`26.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 26, and therefore denies them.
`
`U.S. PATENT NO. 7,269,127
`
`27.
`
`Ericsson admits that, on its face, United States Patent No. 7,269,127 (the “‘127
`
`Patent”) is entitled “PREAMBLE STRUCTURES FOR SINGLE-INPUT, SINGLE-OUTPUT
`
`(SISO) AND MULTI-INPUT MULTI-OUTPUT (MIMO) COMMUNICATION SYSTEMS.”
`
`Ericsson admits that a copy of the ‘127 Patent was attached as Exhibit H to the Complaint.
`
`28.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 28, and therefore denies them.
`
`U.S. PATENT NO. 7,848,353
`
`29.
`
`Ericsson admits that, on its face, United States Patent No. 7,848,353 (the “‘353
`
`Patent”) is entitled “METHOD, COMMUNICATION SYSTEM AND COMMUNICATION
`
`UNIT FOR SYNCHRONISATION FOR MULTI-RATE COMMUNICATION.” Ericsson
`
`admits that a copy of the ‘353 Patent was attached as Exhibit I to the Complaint.
`
`5
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`30.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 30, and therefore denies them.
`
`U.S. PATENT NO. 8,396,079
`
`31.
`
`Ericsson admits that, on its face, United States Patent No. 8,396,079 (the “‘079
`
`Patent”)
`
`is entitled “COMMUNICATION UNITS OPERATING WITH VARIOUS
`
`BANDWIDTHS.” Ericsson admits that a copy of the ‘079 Patent was attached as Exhibit J to
`
`the Complaint.
`
`32.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 32, and therefore denies them.
`
`U.S. PATENT NO. 7,787,431
`
`33.
`
`Ericsson admits that, on its face, United States Patent No. 7,787,431 (the “‘431
`
`Patent”)
`
`is
`
`entitled
`
`“METHODS AND APPARATUS FOR MULTI-CARRIER
`
`COMMUNICATIONS WITH VARIABLE CHANNEL BANDWIDTH.” Ericsson admits that a
`
`copy of the ‘431 Patent was attached as Exhibit K to the Complaint.
`
`34.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 34, and therefore denies them.
`
`U.S. PATENT NO. 7,385,994
`
`35.
`
`Ericsson admits that, on its face, United States Patent No. 7,385,994 (the “‘994
`
`Patent”) is entitled “PACKET DATA QUEUING AND PROCESSING.” Ericsson admits that a
`
`copy of the ‘994 Patent was attached as Exhibit L to the Complaint.
`
`36.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 36, and therefore denies them.
`
`
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`6
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`FACTUAL BACKGROUND
`
`Intellectual Ventures
`
`37.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 37, and therefore denies them.
`
`38.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 38, and therefore denies them.
`
`39.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 39, and therefore denies them.
`
`40.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 40, and therefore denies them.
`
`AT&T Telecommunications Network
`
`41.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 41, and therefore denies them.
`
`42.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 42, and therefore denies them.
`
`43.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 43, and therefore denies them.
`
`44.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations of paragraph 44, and therefore denies them.
`
`45.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies that Defendants or Ericsson have committed infringing acts and that
`
`Plaintiff has been injured as a result of those acts. Ericsson is without knowledge or information
`
`7
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`sufficient to form a belief about the truth of the remaining allegations of paragraph 45, and
`
`therefore denies them.
`
`46.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies that Defendants or Ericsson have committed infringing acts and that
`
`Plaintiff has been injured as a result of those acts. Ericsson is without knowledge or information
`
`sufficient to form a belief about the truth of the remaining allegations of paragraph 46, and
`
`therefore denies them.
`
`47.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies that Defendants or Ericsson have committed infringing acts and that
`
`Plaintiff has been injured as a result of those acts. Ericsson is without knowledge or information
`
`sufficient to form a belief about the truth of the remaining allegations of paragraph 47, and
`
`therefore denies them.
`
`COUNT I
`(Defendants’ Alleged Infringement of the ‘248 Patent)
`
`48.
`
`Ericsson incorporates by reference its responses to paragraphs 1-47 of the
`
`Complaint.
`
`49.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 49. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`49, and therefore denies them.
`
`50.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 50. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`50, and therefore denies them. Further, Ericsson denies that the allegations asserted in paragraph
`
`8
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`50 of the Complaint are sufficient to support a claim of willful infringement, even if taken as
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`true, and therefore denies them.
`
`51.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 51. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`51, and therefore denies them.
`
`COUNT II
`(Defendants’ Alleged Infringement of the ‘831 Patent)
`
`52.
`
`Ericsson incorporates by reference its responses to paragraphs 1-51 of the
`
`Complaint.
`
`53.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 53. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`53, and therefore denies them.
`
`54.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 54. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`54, and therefore denies them.
`
`COUNT III
`(Defendants’ Alleged Infringement of the ‘783 Patent)
`
`55.
`
`Ericsson incorporates by reference its responses to paragraphs 1-54 of the
`
`Complaint.
`
`56.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 56. Ericsson is without knowledge or
`
`9
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`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 11 of 92 PageID #: 780
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`information sufficient to form a belief about the truth of the remaining allegations of paragraph
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`56, and therefore denies them.
`
`57.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 57. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`57, and therefore denies them.
`
`COUNT IV
`(Defendants’ Alleged Infringement of the ‘408 Patent)
`
`58.
`
`Ericsson incorporates by reference its responses to paragraphs 1-57 of the
`
`Complaint.
`
`59.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 59. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`59, and therefore denies them.
`
`60.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 60. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`60, and therefore denies them.
`
`COUNT V
`(Defendants’ Alleged Infringement of the ‘153 Patent)
`
`61.
`
`Ericsson incorporates by reference its responses to paragraphs 1-60 of the
`
`Complaint.
`
`62.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 62. Ericsson is without knowledge or
`
`10
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`information sufficient to form a belief about the truth of the remaining allegations of paragraph
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`62, and therefore denies them.
`
`63.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 63. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`63, and therefore denies them. Further, Ericsson denies that the allegations asserted in paragraph
`
`63 of the Complaint are sufficient to support a claim of willful infringement, even if taken as
`
`true, and therefore denies them.
`
`64.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 64. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`64, and therefore denies them.
`
`COUNT VI
`(Defendants’ Alleged Infringement of the ‘557 Patent)
`
`65.
`
`Ericsson incorporates by reference its responses to paragraphs 1-64 of the
`
`Complaint.
`
`66.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 66. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`66, and therefore denies them.
`
`67.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 67. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`67, and therefore denies them. Further, Ericsson denies that the allegations asserted in paragraph
`
`11
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`67 of the Complaint are sufficient to support a claim of willful infringement, even if taken as
`
`true, and therefore denies them.
`
`68.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 68. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`68, and therefore denies them.
`
`COUNT VII
`(Defendants’ Alleged Infringement of the ‘993 Patent)
`
`69.
`
`Ericsson incorporates by reference its responses to paragraphs 1-68 of the
`
`Complaint.
`
`70.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 70. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`70, and therefore denies them.
`
`71.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 71. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`71, and therefore denies them.
`
`COUNT VIII
`(Defendants’ Alleged Infringement of the ‘127 Patent)
`
`72.
`
`Ericsson incorporates by reference its responses to paragraphs 1-71 of the
`
`Complaint.
`
`73.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 73. Ericsson is without knowledge or
`
`12
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`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`73, and therefore denies them.
`
`74.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 74. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`74, and therefore denies them.
`
`COUNT IX
`(Defendants’ Alleged Infringement of the ‘353 Patent)
`
`75.
`
`Ericsson incorporates by reference its responses to paragraphs 1-74 of the
`
`Complaint.
`
`76.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 76. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`76, and therefore denies them.
`
`77.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 77. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`77, and therefore denies them.
`
`COUNT X
`(Defendants’ Alleged Infringement of the ‘079 Patent)
`
`78.
`
`Ericsson incorporates by reference its responses to paragraphs 1-77 of the
`
`Complaint.
`
`79.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 79. Ericsson is without knowledge or
`
`13
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`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`79, and therefore denies them.
`
`80.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 80. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`80, and therefore denies them.
`
`COUNT XI
`(Defendants’ Alleged Infringement of the ‘431 Patent)
`
`81.
`
`Ericsson incorporates by reference its responses to paragraphs 1-80 of the
`
`Complaint.
`
`82.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 82. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`82, and therefore denies them.
`
`83.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 83. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`83, and therefore denies them.
`
`COUNT XII
`(Defendants’ Alleged Infringement of the ‘994 Patent)
`
`84.
`
`Ericsson incorporates by reference its responses to paragraphs 1-83 of the
`
`Complaint.
`
`85.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 85. Ericsson is without knowledge or
`
`14
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`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`85, and therefore denies them.
`
`86.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, Ericsson denies the allegations of paragraph 86. Ericsson is without knowledge or
`
`information sufficient to form a belief about the truth of the remaining allegations of paragraph
`
`86, and therefore denies them.
`
`PRAYER FOR RELIEF
`
`87.
`
`Ericsson denies each and every allegation directed at the Defendants contained in
`
`the Prayer for Relief, to the extent those allegations may relate to Ericsson. Ericsson denies any
`
`wrongdoing or infringement and denies that any conduct on its part entitles Plaintiff to an
`
`injunction, damages under 35 U.S.C. § 284, or any other relief. Ericsson further denies each and
`
`every allegation in the Complaint to which it has not specifically responded.
`
`DEMAND FOR JURY TRIAL
`
`88.
`
`Ericsson admits that Plaintiff has requested a trial by jury.
`
`ADDITIONAL DEFENSES
`
`89.
`
`In addition to the defenses set forth below, Ericsson expressly reserves the right to
`
`allege additional defenses, including, without limitation, unclean hands, unenforceability and/or
`
`inequitable conduct as they become known throughout the course of discovery.
`
`First Defense: Non-Infringement
`
`90.
`
`Ericsson does not infringe and has not infringed, literally or by the doctrine of
`
`equivalents, and the Defendants have not infringed by using or selling any Ericsson product or
`
`service, with respect to any valid claim of the ‘248, ‘831, ‘783, ‘408, ‘153, ‘557, ‘993, ‘127,
`
`‘353, ‘079, ‘431 or ‘994 Patents.
`
`15
`
`
`
`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 17 of 92 PageID #: 786
`
`Second Defense: Invalidity
`
`91.
`
`The claims of the of the ‘248, ‘831, ‘783, ‘408, ‘153, ‘557, ‘993, ‘127, ‘353, ‘079,
`
`‘431 and ‘994 Patents are invalid for failure to comply with the requirements of Title 35 of the
`
`United States Code, including, without limitation, 35 U.S.C. §§ 101, 102, 103, and 112.
`
`Third Defense: Estoppel/Waiver
`
`92.
`
`Plaintiff’s claims for relief are barred in whole or in part by estoppel and/or
`
`waiver.
`
`93.
`
`Plaintiff’s claims for relief are barred in whole or in part by prosecution history
`
`estoppel and/or prosecution history disclaimer based on amendments, statements, admissions,
`
`omissions, representations, disclaimers and/or disavowals made by the applicants for the ‘248,
`
`‘831, ‘783, ‘408, ‘153, ‘557, ‘993, ‘127, ‘353, ‘079, ‘431 and/or ‘994 Patents.
`
`Fourth Defense: Limitations on Damages
`
`94.
`
`Upon information and belief, Plaintiff’s claims for damages for alleged
`
`infringement are limited by 35 U.S.C. §§ 286 and 287. For example, under section 287, Plaintiff
`
`is prohibited from recovering damages for activities alleged to have occurred before Plaintiff
`
`provided actual notice of activities alleged to infringe with respect to Ericsson products or
`
`services.
`
`Fifth Defense: Injunctive Relief Unavailable
`
`95.
`
`Plaintiff’s claims for injunctive relief with respect to the Defendants’ use of
`
`Ericsson products or services are barred because Plaintiff has failed to meet the requirements for
`
`injunctive relief.
`
`Sixth Defense: Failure to State A Claim
`
`96.
`
`Plaintiff’s Complaint fails to state a claim upon which relief may be granted.
`
`16
`
`
`
`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 18 of 92 PageID #: 787
`
`Seventh Defense: Laches
`
`97.
`
`Plaintiff’s relief is limited under the doctrines of laches, estoppel, and/or implied
`
`license.
`
`Eighth Defense: Lack of Standing
`
`98.
`
`Plaintiff does not have standing to assert infringement of the ’783 Patent.
`
`Ninth Defense: FRAND or RAND Obligations
`
`99.
`
`Plaintiff’s demand for damages is limited to the extent any of the asserted patents
`
`is subject to a FRAND or RAND obligation.
`
`DEMAND FOR JURY TRIAL
`
`100. Ericsson requests a trial by jury of all issues in this action triable by a jury.
`
`PRAYER FOR RELIEF
`
`Ericsson prays for judgment as follows:
`
`A.
`
`To the extent Plaintiff’s allegations relate to products and/or services provided by
`
`Ericsson, that this Court fully and finally dismiss Plaintiff’s claims against Defendants and
`
`Ericsson and order that Plaintiff take nothing from Defendants or Ericsson;
`
`B.
`
`That this Court find that the manufacture, use, sale, and/or offer for sale of
`
`Ericsson’s systems, products, methods, and services does not infringe any valid claim of the
`
`‘248, ‘831, ‘783, ‘408, ‘153, ‘557, ‘993, ‘127, ‘353, ‘079, ‘431 or ‘994 Patents;
`
`C.
`
`That this Court find that the ‘248, ‘831, ‘783, ‘408, ‘153, ‘557, ‘993, ‘127, ‘353,
`
`‘079, ‘431 and ‘994 Patents are invalid pursuant to Title 35 of the United States Code;
`
`D.
`
`That this Court award permanent injunctive relief enjoining Plaintiff from taking
`
`any actions or making any statements based upon the ‘248, ‘831, ‘783, ‘408, ‘153, ‘557, ‘993,
`
`17
`
`
`
`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 19 of 92 PageID #: 788
`
`‘127, ‘353, ‘079, ‘431 or ‘994 Patents that is inconsistent with Ericsson’s right to make, use,
`
`offer to sell, and/or sell any of its systems, products, methods, and services;
`
`E.
`
`That this Court dismiss Plaintiff’s infringement allegations for the ‘783 Patent
`
`based on lack of standing;
`
`F.
`
`That this Court find that this is an exceptional case and award Ericsson their
`
`attorneys’ fees pursuant to 35 U.S.C. § 285 or otherwise; and
`
`G.
`
`That this Court grants Ericsson such other and further relief as the Court may
`
`deem just and proper.
`
`
`
`
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`
`/s/ Jack B. Blumenfeld
`
`
`
`
`Jack B. Blumenfeld (#1014)
`1201 North Market Street
`P.O. Box 1347
`Wilmington, DE 19899
`(302) 658-9200
`jblumenfeld@mnat.com
`
`Attorneys for Intervenor Ericsson Inc.
`
`
`
`18
`
`
`
`OF COUNSEL:
`
`Douglas M. Kubehl
`Ross Culpepper
`Johnson Kuncheria
`Jeff Becker
`Osman Siddiq
`Steven Jugle
`Megan LaDrier
`Harrison Rich
`BAKER BOTTS
`2001 Ross Avenue
`Dallas, TX 75201-2980
`(214) 953-6500
`
`April 29, 2014
`8190933.1
`
`
`
`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 20 of 92 PageID #: 789
`
`Case 1:13—cv—O1668—LPS Document 33 Filed 04/29/14 Page 20 of 92 Page|D #: 789Case 1:13—cv—O1668—LPS Document 33 Filed 04/29/14 Page 20 of 92 Page|D #: 789
`
`
`
`EXHIBIT 2
`
`
`
`EXHIBIT 2EXHIBIT 2
`
`
`
`Case 1:13-cv-01668-LPS Document 33 Filed 04/29/14 Page 21 of 92 PageID #: 790
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`INTELLECTUAL VENTURES I LLC and
`INTELLECTUAL VENTURES III LLC,
`
`
`
`C.A. No. 13-1669 (LPS)
`
`JURY TRIAL DEMANDED
`
`)))))))))
`
`
`)
`)
`
`
`
`
`
`Plaintiffs,
`
`
`
`v.
`
`
`
`
`
`
`LEAP WIRELESS INTERNATIONAL, INC.
`and CRICKET COMMUNICATIONS, INC.,
`
`
`
`
`
`Defendants.
`
`
`
`ERICSSON’S ANSWER IN INTERVENTION
`
`Pursuant to Rule 24(c) of the Federal Rules of Civil Procedure and their motion to
`
`intervene in this action (filed concurrently herewith), Ericsson Inc. and Telefonaktiebolaget LM
`
`Ericsson (collectively, “Ericsson”) submit their Answer to plaintiffs Intellectual Ventures I LLC
`
`and Intellectual Ventures II LLC’s (collectively, “Plaintiff”) Complaint Alleging Patent
`
`Infringement against Leap Wireless International, Inc. and Cricket Communications, Inc.,
`
`(collectively, “Defendants”) filed on October 7, 2013 (D.I. No. 1, the “Complaint”).
`
`THE PARTIES
`
`1.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 1 of the Complaint, and therefore denies them.
`
`2.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 2 of the Complaint, and therefore denies them.
`
`3.
`
`Ericsson is without knowledge or information sufficient to form a belief about the
`
`truth of the allegations contained in paragraph 3 of the Complaint, and
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