Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 1 of 48
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`FLYPSI, INC. (D/B/A FLYP),
`
` Plaintiff,
`
`v.
`
`DIALPAD, INC.,
`
` Defendant.
`
`
` C.A. No.: 6:21-cv-00642-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`DEFENDANT DIALPAD, INC.’S ANSWER AND COUNTERCLAIMS TO
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Defendant Dialpad, Inc. submits its Answer (“Answer”) and Counterclaims to Plaintiff
`
`Flypsi, Inc. d/b/a/ Flyp’s Original Complaint for Patent Infringement (“Complaint”). Except as
`
`otherwise admitted in this Answer, Dialpad denies each and every allegation in the Complaint.1
`
`THE PARTIES
`
`1.
`
`Plaintiff Flypsi, Inc. (“Flyp”) is a Delaware corporation with its principal place of
`
`business at 2040 Bedford Road, Suite 100, Bedford, Texas 76021.
`
`ANSWER: Dialpad is without sufficient knowledge or information to form a belief as to
`
`the truth of the allegations set forth in this paragraph of the Complaint and therefore denies the
`
`same.
`
`2.
`
`Defendant Dialpad, Inc (“Dialpad”) is a Delaware corporation that maintains an
`
`established place of business at 101 West 6th Street, Austin, Texas 78701. Upon information and
`
`
`1 Dialpad’s use of the headings in the Complaint are for the Court’s convenience and are not an
`admission as to any fact alleged in any heading.
`1
`
`
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 2 of 48
`
`belief, Dialpad may be served with process through its agent Incorporating Services, Ltd., 3500
`
`South Dupont Highway, Dover, Delaware 19901.
`
`ANSWER: Dialpad admits that it is a Delaware corporation that maintains a place of
`
`business at 101 West 6th Street, Austin, Texas 78701. Dialpad may be served with process through
`
`its agent Incorporating Services, Ltd., 3500 South Dupont Highway, Dover, Delaware 19901.
`
`Dialpad denies the remaining allegations in this paragraph of the Complaint.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action arising under the patent laws of the United States, 35 U.S.C. § 271.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that this action purportedly arises
`
`under the patent laws of the United States, 35 U.S.C. § 271. Dialpad admits that this Court has
`
`subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a). Dialpad denies that it has
`
`committed any acts of infringement in this District or elsewhere as alleged in the Complaint that
`
`could warrant filing this action.
`
`4.
`
`Venue is proper in this judicial district under 28 U.S.C. § 1400(b) because
`
`Defendant has committed acts of infringement and has a regular and established place of business
`
`in this District. Dialpad maintains an office in Austin, Texas, to “house some of [Dialpad’s] most
`
`critical business functions due to its central location,” including “the center of [Dialpad’s] Sales
`
`and Support organizations” and Dialpad’s “operations hub.” (See “Dialpad Establishes New Hub
`
`in Austin, TX,” Dialpad, https://www.dialpad.com/press/dialpad-establishes-hub-austin-texas/).
`
`Dialpad has engaged in acts of infringement in this district, on information and belief, at least by
`
`using, selling, and/or offering for sale, Dialpad’s app-based telephone feature known as Dialpad
`
`
`
`2
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 3 of 48
`
`Talk. (See id. (describing the Austin, Texas office as “the center of [Dialpad’s] Sales and Support
`
`organizations”)).
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that maintains an office in Austin,
`
`Texas. Dialpad admits that https://www.dialpad.com/press/dialpad-establishes-hub-austin-texas/
`
`speaks for itself and no response is necessary. Dialpad denies that it has committed any acts of
`
`infringement in this District or elsewhere. Dialpad denies the remaining allegations in this
`
`paragraph of the Complaint.
`
`5.
`
`This Court has personal jurisdiction over Dialpad. Dialpad has continuous and
`
`systematic business contacts with the State of Texas. Dialpad maintains an office in Austin, Texas
`
`to “house some of [Dialpad’s] most critical business functions due to its central location,”
`
`including “the center of [Dialpad’s] Sales and Support organizations” and Dialpad’s “operations
`
`hub.” (See id.). In addition, Dialpad conducts its business extensively throughout Texas and
`
`derives substantial revenue in Texas, by shipping, distributing, offering for sale, selling, and
`
`advertising (including the provision of an interactive web page) its products and/or services in the
`
`State of Texas and the Western District of Texas. Dialpad has purposefully and voluntarily placed
`
`in the stream of commerce one or more products and/or services that practice the Asserted Patents
`
`(as set forth in ¶¶ 11-14 below) with the intention and expectation that they will be purchased and
`
`used by consumers in the Western District of Texas.
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it maintains an office in Austin,
`
`Texas. Dialpad admits that conducts business in the State of Texas and the Western District of
`
`Texas by shipping, distributing, offering for sale, selling, and advertising its products and/or
`
`
`
`3
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 4 of 48
`
`services. Dialpad denies that its products and/or services practice the Asserted Patents and Dialpad
`
`has not committed any acts of infringement in this District or elsewhere. Dialpad denies the
`
`remaining allegations in this paragraph of the Complaint.
`
`BACKGROUND AND OVERVIEW OF INVENTION
`
`6.
`
`Long before the COVID-19 pandemic, the explosion of Internet-connected mobile
`
`devices changed the way many, even most, in the United States communicate with their family,
`
`their friends, and their work colleagues. Throughout the 2010s and continuing into the 2020s,
`
`personal and professional communications coalesced around a single, handheld device. While
`
`some chose to segregate their personal and professional communications with multiple devices,
`
`that solution was both financially and physically cumbersome. Rather, a technological need arose
`
`to segregate such communications within a single device and to manage multiple numbers in a
`
`clean, centralized environment. And within this field, there was a particular need for a device that
`
`would maintain caller identification (“caller ID”) and properly identify a call as originating from
`
`the secondary phone number of the caller with multiple numbers, rather than a conference line
`
`number or a randomly generated number.
`
`ANSWER: This paragraph states opinions and characterizations to which no response is
`
`required. To the extent that a response is required, Dialpad denies the same.
`
`7.
`
`Flyp invented a technological solution that fulfills this technological need in a
`
`particular, inventive way. Flyp owns a patent portfolio directed to innovations that claims a
`
`particular way of setting up and connecting telephone calls, and delivering information related to
`
`such telephone calls using an Internet Protocol (IP) or other data channel, while delivering the
`
`voice portion of the call in accordance with telecom voice channel delivery standards. As opposed
`
`to the standard mobile phone that is connected to a single phone number, Flyp’s patented systems
`
`
`
`4
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 5 of 48
`
`and methods enable a particular way for mobile-phone users to create and own multiple phone
`
`numbers on a single mobile device while maintaining the integrity of caller-identification
`
`functions. Thus, from a single mobile phone utilizing Flyp’s app (and patented methods), users
`
`can add new phone numbers and control various streams of outbound and inbound calls to those
`
`numbers. Users can select the area code of their choice for local calling in the United States and
`
`create alternative and dedicated numbers for business, social activities, shopping, dating, and any
`
`other aspect of life.
`
`ANSWER: Dialpad admits that the patents asserted in this case identify Flypsi as the
`
`owner and speak for themselves. The remainder of this paragraph states opinions and
`
`characterizations to which no response is required. To the extent that a response is required,
`
`Dialpad denies the same.
`
`8.
`
`This invention is unlike and constituted a technological advance over other methods
`
`for using alternative phone numbers. Those methods utilized call forwarding or call conferencing
`
`solutions—rather than connecting the call at the switch. In these solutions, caller ID was not
`
`maintained, and the recipient caller ID would appear to the one receiving the call as a conference
`
`line number or randomly generated number—rather than properly identifying the call as
`
`originating from the secondary phone number of the caller with multiple numbers. The need for
`
`alternative numbers that identified calls as originating from the secondary phone number was a
`
`long-felt need and unique technological problem that the invention provides a particular way of
`
`solving, thereby improving the functionality of the phones beyond the mere advantages of
`
`implementing phone technology using computers. This is also a feature that cannot be
`
`implemented manually.
`
`
`
`5
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 6 of 48
`
`ANSWER: This paragraph states opinions and characterizations to which no response is
`
`required. To the extent that a response is required, Dialpad denies the same.
`
`9.
`
`This need to segregate communications within a single device and to manage
`
`multiple numbers in a centralized environment was reinforced during the sudden and rapid shift to
`
`a “work from anywhere” ethos brought on by the COVID-19 pandemic. The pandemic once again
`
`heightened the role that the Internet and our Internet-connected mobile devices occupy in day-
`
`today work and life. That is particularly true regarding cloud-based telephone service. Indeed,
`
`amid the COVID-19 crisis, the global market for cloud telephony service, estimated at $13.5
`
`billion in the year 2020, is projected to reach a revised size of $40 billion by 2027, growing at a
`
`compound annual growth rate of 16.8% over the period 2020-2027. (See “$13.5 Billion Worldwide
`
`Cloud Telephony Service Industry to 2027 - Impact of COVID-19 on the Market,” Research &
`
`Markets, https://www.globenewswire.com/en/news-release/2020/10/14/2108292/28124/en/13-5-
`
`BillionWorldwide-Cloud-Telephony-Service-Industry-to-2027-Impact-of-COVID-19-on-
`
`theMarket.html).
`
`ANSWER: Dialpad admits that the COVID-19 pandemic resulted in a shift toward
`
`working from anywhere. The remainder of this paragraph states opinions and characterizations to
`
`which no response is required. To the extent that a response is required, Dialpad denies the same.
`
`10.
`
`But for rampant infringement of its patented technology, Flyp would be well
`
`positioned to play a role in this growing market. Simply put, Flyp has developed a unique and
`
`inventive technology that enables a particular way for a user to gain access to an additional,
`
`alternative phone number on their mobile devices—as opposed to the single carrier-assigned
`
`number on a mobile device. Second numbers, or even third, fourth, or fifth numbers, allow users
`
`to manage different work streams on a single device in a manner that was not well understood,
`
`
`
`6
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 7 of 48
`
`conventional, or routine within the prior art, as evidenced by the limited number of references cited
`
`during examination of the Asserted Patents by the United States Patent and Trademark Office.
`
`ANSWER: Dialpad is without sufficient knowledge or information to form a belief as to
`
`the truth of the allegations set forth in this paragraph of the Complaint and therefore denies the
`
`same. Dialpad denies that it has committed any acts of infringement in this District or elsewhere
`
`THE ASSERTED PATENTS
`
`11.
`
`U.S. Patent No. 9,667,770, entitled “Telephone Network System and Method,” was
`
`duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on May 30,
`
`2017. Flyp owns by assignment the entire right, title, and interest in the ʼ770 Patent and is entitled
`
`to sue for past and future infringement.
`
`ANSWER: Dialpad admits the ’770 Patent on its face issued on May 30, 2017 to Flypsi,
`
`Inc. and lists the identified individuals as inventors. Dialpad is without sufficient knowledge or
`
`information to form a belief as to the truth of the remaining allegations set forth in this paragraph
`
`of the Complaint and therefore denies the same.
`
`12.
`
`U.S. Patent No. 10,051,105, entitled “Telephone Network System and Method,”
`
`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on August
`
`14, 2018. Flyp owns by assignment the entire right, title, and interest in the ʼ105 Patent and is
`
`entitled to sue for past and future infringement.
`
`ANSWER: Dialpad admits the ’105 Patent on its face issued on August 14, 2018 to Flypsi,
`
`Inc. and lists the identified individuals as inventors. Dialpad is without sufficient knowledge or
`
`information to form a belief as to the truth of the remaining allegations set forth in this paragraph
`
`of the Complaint and therefore denies the same.
`
`
`
`7
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 8 of 48
`
`13.
`
`U.S. Patent No. 10,334,094, entitled “Telephone Network System and Method,”
`
`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on June
`
`25, 2019. Flyp owns by assignment the entire right, title, and interest in the ʼ094 Patent and is
`
`entitled to sue for past and future infringement.
`
`ANSWER: Dialpad admits the ’094 Patent on its face issued on June 25, 2019 to Flypsi,
`
`Inc. and lists the identified individuals as inventors. Dialpad is without sufficient knowledge or
`
`information to form a belief as to the truth of the remaining allegations set forth in this paragraph
`
`of the Complaint and therefore denies the same.
`
`14.
`
`U.S. Patent No. 11,012,554, entitled “Telephone Network System and Metho[d],”
`
`was duly and legally issued to inventors Ivan Zhidov, Peter Rinfret, and Sunir Kochhar on May
`
`18, 2021. Flyp owns by assignment the entire right, title, and interest in the ʼ554 Patent and is
`
`entitled to sue for past and future infringement.
`
`ANSWER: Dialpad admits the ’554 Patent on its face issued on May 18, 2021 to Flypsi,
`
`Inc. and lists the identified individuals as inventors. Dialpad is without sufficient knowledge or
`
`information to form a belief as to the truth of the remaining allegations set forth in this paragraph
`
`of the Complaint and therefore denies the same.
`
`COUNT I: Claim for [Purported] Patent Infringement of the ’770 Patent
`
`15.
`
`Flyp repeats and realleges the allegations in paragraphs 1-14 as if fully set forth
`
`herein.
`
`ANSWER: Dialpad incorporates by reference the preceding paragraphs as though fully
`
`set forth herein.
`
`16.
`
`Dialpad has infringed, contributed to the infringement of, and/or induced
`
`infringement of the ’770 Patent by making, using, selling, offering for sale, or importing into the
`
`
`
`8
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 9 of 48
`
`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ’770 Patent, including, but
`
`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`17.
`
`Dialpad Talk infringes at least claim 1 of the ’770 Patent. Dialpad makes, uses,
`
`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad
`
`Talk and thus directly infringes the ʼ770 Patent.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`18.
`
`Dialpad Talk infringes at least claim 1 of the ’770 Patent. Dialpad makes, uses,
`
`sells, offers for sale, imports, exports, supplies, or distributes within the United States Dialpad
`
`Talk and thus directly infringes the ʼ770 Patent would constitute infringement, and (2) contributing
`
`to infringement by others, such as resellers, partners, and end-user customers. Upon information
`
`and belief, direct infringement is (1) the result of activities performed by resellers, partners, and
`
`end-user customers of Dialpad Talk, who perform each step of the claimed invention as directed
`
`by Dialpad, or (2) the result of activities performed by resellers, partners, and end-user customers
`
`of Dialpad Talk in a normal and customary way that infringes the ʼ770 Patent, that has no
`
`substantial non-infringing uses, and that is known by Dialpad. Dialpad received actual notice of
`
`the ʼ770 Patent at least as early as the filing of this Complaint.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad makes
`
`available an application-based telephone service in the United States and that Dialpad was
`
`provided no actual notice of the ’105 Patent prior to the filing of the Complaint in this case.
`
`
`
`9
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 10 of 48
`
`19.
`
`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
`
`liable for infringement of the ’770 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
`
`these acts of infringement without license or authorization.
`
`ANSWER: Denied.
`
`20.
`
`As a result of Dialpad’s infringement of the ’770 Patent, Flyp has suffered monetary
`
`damages and is entitled to a monetary judgment in an amount adequate to compensate for
`
`Dialpad’s past infringement, together with interests and costs. In addition, Dialpad’s infringement
`
`is causing irreparable harm and monetary damage to Flyp and will continue to do so unless and
`
`until Dialpad is enjoined by the Court.
`
`ANSWER: Denied.
`
`21.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`associating a secondary telephone number with a primary telephone number in at least one
`
`computer memory device, the primary telephone number being assigned to a handset, including as
`
`demonstrated in the exemplary text below:
`
`
`
`10
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 11 of 48
`
`
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`22.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`acquiring first digital information from the handset over at least one data channel, the first digital
`
`information indicating primary call processing rules for handling calls directed to the primary
`
`telephone number, and storing the primary call processing rules in the at least one computer
`
`memory device, and acquiring second digital information from the handset over the at least one
`
`
`
`11
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 12 of 48
`
`data channel, the second digital information indicating secondary call processing rules for handling
`
`calls directed to the secondary telephone number, and storing the secondary call processing rules
`
`in the at least one computer memory device, including as demonstrated in the exemplary text
`
`below:
`
`
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint..
`
`
`
`12
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 13 of 48
`
`23.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`receiving an incoming call over at least one voice channel at a switch, the switch being associated
`
`with a bridge telephone number such that calls directed to the bridge telephone number are
`
`automatically routed to the switch, the incoming call being directed to a handset associated
`
`telephone number, the handset-associated telephone number being the primary telephone number
`
`or the secondary telephone number, including as demonstrated in the exemplary text above and
`
`below:
`
`
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`
`
`13
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 14 of 48
`
`24.
`
`Dialpad Talk provides a method of providing telephone service comprising: based
`
`on the primary call processing rules or the secondary call processing rules provides transmitting
`
`pre-call information to the handset over the at least one data channel the pre-call information
`
`including the bridge telephone number and the handset associated telephone number, such that the
`
`handset is capable of displaying the handset-associated telephone number to a user and, based on
`
`user input, accepting the incoming call by connecting with the switch over the at least one voice
`
`channel using the bridge telephone number, including as demonstrated in the exemplary text
`
`below:
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`COUNT II: Claim for [Purported] Patent Infringement of the ’105 Patent
`
`25.
`
`Flyp repeats and realleges the allegations in paragraphs 1-24 as if fully set forth
`
`herein.
`
`
`
`14
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 15 of 48
`
`ANSWER: Dialpad incorporates by reference the preceding paragraphs as though fully set
`
`forth herein.
`
`26.
`
`Dialpad has infringed, contributed to the infringement of, and/or induced
`
`infringement of the ’105 Patent by making, using, selling, offering for sale, or importing into the
`
`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ’105 Patent, including, but
`
`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`27.
`
`Dialpad Talk infringes at least claims 1, 12, and 22 of the ’105 Patent. Dialpad
`
`makes, uses, sells, offers for sale, imports, exports, supplies, or distributes within the United States
`
`Dialpad Talk and thus directly infringes the ʼ105 Patent.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`28.
`
`Upon information and belief, Dialpad indirectly infringes the ʼ105 Patent by (1)
`
`inducing infringement by others, such as resellers, partners, and end-user customers in this District
`
`and throughout the United States with knowledge or willful blindness that the induced acts would
`
`constitute infringement, and (2) contributing to infringement by others, such as resellers, partners,
`
`and end-user customers. Upon information and belief, direct infringement is (1) the result of
`
`activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
`
`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
`
`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
`
`
`
`15
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 16 of 48
`
`infringes the ʼ105 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
`
`Dialpad received actual notice of the ʼ105 Patent at least as early as the filing of this Complaint.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States and that Dialpad was
`
`provided no actual notice of the ’105 Patent prior to the filing of the Complaint in this case.
`
`29.
`
`By engaging in the conduct described herein, Dialpad has injured Flyp and is thus
`
`liable for infringement of the ’105 Patent, pursuant to 35 U.S.C. § 271. Dialpad has committed
`
`these acts of infringement without license or authorization.
`
`ANSWER: Denied.
`
`30.
`
`As a result of Dialpad’s infringement of the ’105 Patent, Flyp has suffered monetary
`
`damages and is entitled to a monetary judgment in an amount adequate to compensate for
`
`Dialpad’s past infringement, together with interests and costs. In addition, Dialpad’s infringement
`
`is causing irreparable harm and monetary damage to Flyp and will continue to do so unless and
`
`until Dialpad is enjoined by the Court.
`
`ANSWER: Denied.
`
`
`
`16
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 17 of 48
`
`31.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`automatically storing electronic information that indicates an association of a secondary telephone
`
`number and a primary telephone number with a telephone handset in a computer memory
`
`associated with a server, including as demonstrated in the exemplary text below:
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`32.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`automatically storing electronic information that indicates a selection of call processing rules for
`
`
`
`17
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 18 of 48
`
`the primary telephone number in the computer memory and automatically storing electronic
`
`information that indicates a selection of call processing rules for the secondary telephone number
`
`in the computer memory, including as demonstrated in the exemplary text below:
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`33.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`receiving an electronic indication of an incoming call to the secondary telephone number at the
`
`server, said electronic indication of an incoming call being received from a switch associated with
`
`the server, automatically accessing the call processing rules for the secondary telephone number
`
`
`
`18
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 19 of 48
`
`under the control of the server responsive to the receipt of the electronic indication of the incoming
`
`call to the secondary telephone number, and automatically handing the incoming call in accordance
`
`with the accessed call processing rules for the secondary telephone number, including as
`
`demonstrated in the exemplary text below:
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`34.
`
`Dialpad Talk provides a method of providing telephone service comprising:
`
`transmitting pre-call information via a data channel to the handset under the control of the server,
`
`
`
`19
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 20 of 48
`
`said pre-call information including a bridge telephone number for connecting the handset to the
`
`incoming call at the switch, receiving, at the server via the data channel, an electronic indication
`
`of a selection of a call processing rule for handling the incoming call to the secondary telephone
`
`number, or establishing a voice channel connection between the handset and the switch as a result
`
`of the handset calling the switch using the bridge telephone number, including as demonstrated in
`
`the exemplary text below:
`
`ANSWER: This paragraph states legal conclusions to which no answer is required. To
`
`the extent an answer is deemed to be required, Dialpad admits that it provides a telephone service
`
`with user facing instructions. Dialpad denies the remaining allegations in this paragraph of the
`
`Complaint.
`
`COUNT III: Claim for [Purported] Patent Infringement of the ’094 Patent
`
`35.
`
`Flyp repeats and realleges the allegations in paragraphs 1-34 as if fully set forth
`
`herein.
`
`ANSWER: Dialpad incorporates by reference the preceding paragraphs as though fully
`
`set forth herein.
`
`
`
`20
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 21 of 48
`
`36.
`
`Dialpad has infringed, contributed to the infringement of, and/or induced
`
`infringement of the ’094 Patent by making, using, selling, offering for sale, or importing into the
`
`United States, or by intending that others make, use, import into, offer for sale, or sell in the United
`
`States, products and/or methods covered by one or more claims of the ’094 Patent, including, but
`
`not limited to, Dialpad’s app-based telephone feature known as Dialpad Talk.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`37.
`
`Dialpad Talk infringes at least claims 1, 5, and 9 of the ’094 Patent. Dialpad makes,
`
`uses, sells, offers for sale, imports, exports, supplies, or distributes within the United States
`
`Dialpad Talk and thus directly infringes the ʼ094 Patent.
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States.
`
`38.
`
`Upon information and belief, Dialpad indirectly infringes the ʼ094 Patent by (1)
`
`inducing infringement by others, such as resellers, partners, and end-user customers in this District
`
`and throughout the United States with knowledge or willful blindness that the induced acts would
`
`constitute infringement, and (2) contributing to infringement by others, such as resellers, partners,
`
`and end-user customers. Upon information and belief, direct infringement is (1) the result of
`
`activities performed by resellers, partners, and end-user customers of Dialpad Talk, who perform
`
`each step of the claimed invention as directed by Dialpad, or (2) the result of activities performed
`
`by resellers, partners, and end-user customers of Dialpad Talk in a normal and customary way that
`
`infringes the ʼ094 Patent, that has no substantial non-infringing uses, and that is known by Dialpad.
`
`Dialpad received actual notice of the ʼ094 Patent at least as early as the filing of this Complaint.
`
`
`
`21
`
`

`

`Case 6:21-cv-00642-ADA Document 14 Filed 08/13/21 Page 22 of 48
`
`ANSWER: Dialpad denies the allegations of this paragraph, except that Dialpad admits it
`
`makes available an application-based telephone service in the United States and that Dialpad was
`
`provided no actual notice of the ’094 Patent prior to the filing of the Complaint in this case.
`
`39.
`
`By engaging in the conduct described herein, Dialpad has in