Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 1 of 33
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLYPSI, INC., (D/B/A FLYP),
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`CIVIL ACTION NO. 6:22-cv-00031-ADA
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`JURY TRIAL DEMANDED
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`§
`§
`§
`§
`§
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`§
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`DEFENDANT’S ANSWER TO
`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant Google LLC (“Google”) hereby submits its Answer in response to the Second
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`Amended Complaint for Patent Infringement (“SAC”) filed by Plaintiff Flypsi, Inc. (d/b/a Flyp)
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`(“Flyp”) as set forth below.
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`Each paragraph of the Answer below corresponds to the corresponding numbered or
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`lettered paragraph of the SAC. All allegations not expressly admitted herein are denied by
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`Defendant.
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`THE PARTIES1
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`1.
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`Defendant lacks knowledge or information sufficient to form a belief as to the
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`truth or falsity of the allegations contained in paragraph 1, and therefore denies them.
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`2.
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`Defendant admits that Google LLC is a Delaware limited liability company with
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`office locations in Austin, Texas. Defendant admits that its registered agent in Texas is
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`Corporation Service Company, 211 East 7th Street, Suite 620, Austin, Texas 78701. Defendant
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`admits that it is registered to do business in the State of Texas and has been since at least
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`1 Headings are provided for convenience only and are not admissions.
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 2 of 33
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`November 17, 2006. Except as expressly admitted, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the remaining allegations contained in
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`paragraph 2 of the SAC and therefore denies each and every allegation set forth therein.
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`JURISDICTION AND VENUE
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`3.
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`Defendant admits that this Court has subject matter jurisdiction over actions
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`arising under 28 U.S.C. §§ 1331 and 1338(a). Except as expressly admitted, Defendant denies
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`any remaining allegations in paragraph 3.
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`4.
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`Paragraph 4 contains legal conclusions to which no response is required. To the
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`extent a response is required, Google does not contest that venue is proper in this District for the
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`purpose of this particular action, but denies that venue is convenient or in the interests of justice
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`under 28 U.S.C. § 1404(a). Except as expressly admitted, Defendant denies any remaining
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`allegations in paragraph 4.
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`5.
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`Defendant admits that, as of the date of this Answer, the Texas report at
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`https://economicimpact.google.com/state/tx/ states: “Google has proudly called Texas home for
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`more than a decade with offices in Austin and Dallas, and a data center in Midlothian.”
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`Defendant admits that, as of the date of this Answer,
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`https://economicimpact.google.com/state/tx/ states: “In June 2019, Google officially broke
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`ground on its $600 million data center in Midlothian, Texas.” Defendant denies any conclusions,
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`characterizations, implications, insinuations, or speculations that Plaintiff alleges follow from the
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`admitted facts. Defendant admits that Google has employees and offices in Texas, including in
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`Austin, Texas. Except as expressly admitted, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the remaining allegations contained in
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`paragraph 5 of the SAC and therefore denies each and every allegation set forth therein.
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`-2-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 3 of 33
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`6.
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`Defendant admits that, as of the date of this Answer,
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`https://www.statesman.com/story/business/2021/08/13/austin-google-exec-companys-future-
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`really-bright-in-city-tx/5488231001/ states: “The company opened an Austin office in 2007 and
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`now has more than 1,500 employees in Central Texas;” “Elkhiamy, who is also director of
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`Google’s corporate engineering division, said she views her role as support for 800 engineering
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`employees based in Austin, and the broader Google Austin hub;” “For Google’s Nuha Elkhiamy,
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`it’s exciting to see the company’s Austin operations grow into one of Google’s largest hubs;”
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`and “Google plans to occupy all of a new 35-story tower being built at 601 W. Second St.”
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`Defendant denies any conclusions, characterizations, implications, insinuations, or speculations
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`that Plaintiff alleges follow from the admitted fact. Defendant admits that, as of the date of this
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`Answer, https://www.kvue.com/article/money/economy/boomtown-2040/google-austin-texas-
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`real-estate-report/269-2ce6e60e-e8c3-46f5-aca6-864175e67950 states: “Google said it owns
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`550,000 square feet worth of office spaces in Downtown Austin at its three locations: 100
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`Congress Ave., 901 E. Fifth St. and 500 W. Second St. Meanwhile, the company said another
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`750,000 square feet of office space is scheduled to open in 2023 at 601 W. Second St.”
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`Defendant denies any conclusions, characterizations, implications, insinuations, or speculations
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`that Plaintiff alleges follow from the admitted facts. Except as expressly admitted, Defendant
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`lacks knowledge or information sufficient to form a belief as to the truth or falsity of the
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`remaining allegations contained in paragraph 6 of the SAC and therefore denies each and every
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`allegation set forth therein.
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`7.
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`Paragraph 7 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant admits that Google has employees and offices in Texas,
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`including in Austin, Texas. Defendant admits, as of the date of this Answer,
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`-3-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 4 of 33
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`https://fiber.google.com/phone/ states: “Google Fiber Phone is just like a typical home phone,
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`except your phone service is delivered over the Internet, and it’s powered by Google Voice. Use
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`your current home phone number, choose a new one, or use your existing Google Voice
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`number.” Defendant denies any conclusions, characterizations, implications, insinuations, or
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`speculations that Plaintiff alleges follow from the admitted facts. Defendant specifically denies
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`that Google has committed or is committing any acts of infringement as alleged by Plaintiff in
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`this or any other District. Except as expressly admitted, Defendant lacks knowledge or
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`information sufficient to form a belief as to the truth or falsity of the remaining allegations
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`contained in paragraph 7 of the SAC and therefore denies each and every allegation set forth
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`therein.
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`8.
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`Defendant admits that, as of the date of this Answer, https://careers.google.com/
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`lists jobs available in Austin, Texas, and other locations. Except as expressly admitted,
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of
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`the remaining allegations contained in paragraph 8 of the SAC and therefore denies each and
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`every allegation set forth therein.
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`9.
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`Defendant admits that it has a data center located in Midlothian, Texas. Defendant
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`admits that, as of the date of this Answer,
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`https://www.google.com/about/datacenters/locations/midlothian/ states: “In June of 2019,
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`Google officially broke ground on its $600 million data center in Midlothian, Texas.” Defendant
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`denies any conclusions, characterizations, implications, insinuations, or speculations that
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`Plaintiff alleges follow from the admitted facts. Defendant admits that, as of the date of this
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`Answer, https://www.dallasnews.com/business/real-estate/2019/06/14/google-s-massive-600m-
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`data-center-takes-shape-in-ellis-county-as-tech-giant-ups-texas-presence/ states: “‘Data centers
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`-4-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 5 of 33
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`are really the engine of the internet. Anytime you process an email on Gmail or look at a cat
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`video on YouTube, it’s going through a data center,’ Silvestri said. ‘If you are living in Texas or
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`surrounding areas, it will likely be processed in that center.’” Defendant denies any conclusions,
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`characterizations, implications, insinuations, or speculations that Plaintiff alleges follow from the
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`admitted facts. Defendant admits that a court has found that its Midlothian, Texas data center is
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`“outside of the Western District of Texas but is within 100 miles of the federal courthouse in
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`Waco, Texas.” In re Google LLC, No. 2021-170, 2021 U.S. App. LEXIS 29137, at *4 (Fed. Cir.
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`Sep. 27, 2021). Except as expressly admitted, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the remaining allegations contained in
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`paragraph 9 of the SAC and therefore denies each and every allegation set forth therein.
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`10.
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`Paragraph 10 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant does not contest personal jurisdiction in this District
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`solely for the purposes of this particular action. Defendant denies that Google has committed acts
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`of infringement within the Western District of Texas, or any other District. Except as expressly
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`admitted, Defendant denies any remaining allegations in paragraph 10.
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`The Flyp Inventions
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`BACKGROUND
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`11.
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`Paragraph 11 contains opinions and characterizations to which no response is
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`required. To the extent a response is required, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 11 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`12.
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`Paragraph 12 contains opinions and characterizations to which no response is
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`required. To the extent a response is required, Defendant lacks knowledge or information
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`-5-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 6 of 33
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 12 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`13.
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`Paragraph 13 contains opinions and characterizations to which no response is
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`required. To the extent a response is required, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 13 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`14.
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`Paragraph 14 contains opinions and characterizations to which no response is
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`required. To the extent a response is required, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 14 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`15.
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`Paragraph 15 contains opinions and characterizations to which no response is
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`required. To the extent a response is required, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the allegations contained in paragraph 15 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`Google Voice
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`16.
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`Defendant admits that it offers a service called Google Voice. Defendant admits
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`that Google Voice includes applications that may optionally be downloaded by a user to an iOS
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`or Android device. Except as expressly admitted, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of the remaining allegations contained in
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`paragraph 16 of the SAC and therefore denies each and every allegation set forth therein.
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`17.
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`Paragraph 17 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant admits that Google Voice was initially released by
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`Google in 2009. Defendant admits that Google changed certain aspects of Google Voice in or
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`around 2017. Except as expressly admitted, Defendant lacks knowledge or information sufficient
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`-6-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 7 of 33
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`to form a belief as to the truth or falsity of the remaining allegations contained in paragraph 17 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`18.
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`Defendant admits that, as of the date of this Answer,
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`https://www.lifewire.com/what-is-googlevoice-1616888 states: “Google Voice is an internet-
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`based service that gives your contacts one voice number and forwards calls to multiple phones—
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`landline or mobile—that you specify.” Defendant denies any conclusions, characterizations,
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`implications, insinuations, or speculations that Plaintiff alleges follow from the admitted fact.
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`Defendant admits that, as of the date of this Answer, the video at
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`https://www.youtube.com/watch?v=vDo6hkgoYXo is titled “Google Voice - Taking Calls” and
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`appears on its face to have been published on March 11, 2009. Defendant denies any
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`conclusions, characterizations, implications, insinuations, or speculations that Plaintiff alleges
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`follow from the admitted fact. Defendant admits that, as of the date of this Answer,
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`https://transition.fcc.gov/wcb/archives/googleletter.pdf is a letter dated October 28, 2009 with
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`the following: “FCC Question 5. Does Google contract with third parties to obtain inputs for its
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`Google Voice service, such as access to telephone numbers, transmission of telephone calls, and
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`interconnection with local telephone networks? Please provide the names of such third parties.
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`Google Response 5. Yes. In the United States, Google contracts with the following third party
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`providers to supply various telecom inputs to support Google Voice: [BEGIN
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`CONFIDENTIAL]” Defendant denies any conclusions, characterizations, implications,
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`insinuations, or speculations that Plaintiff alleges follow from the admitted fact. Except as
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`expressly admitted, Defendant lacks knowledge or information sufficient to form a belief as to
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`the truth or falsity of the remaining allegations contained in paragraph 18 of the SAC and
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`therefore denies each and every allegation set forth therein.
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`-7-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 8 of 33
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`19.
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`Defendant admits that, as of the date of this Answer, https://gizmodo.com/five-
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`years-later-google-finally-remembers-google-voice-1791532022 states: “Unfortunately, over the
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`years, Google let the nifty little voice service fall into relative disrepair—until today, that is. For
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`the first time in five—yes, five—years, Google Voice is getting a major UI update.” Defendant
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`denies any conclusions, characterizations, implications, insinuations, or speculations that
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`Plaintiff alleges follow from the admitted fact. Except as expressly admitted, Defendant lacks
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`knowledge or information sufficient to form a belief as to the truth or falsity of the remaining
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`allegations contained in paragraph 19 of the SAC and therefore denies each and every allegation
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`set forth therein.
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`20.
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`Defendant admits that U.S. Patent Application Publication 2015/0024718 A1 on
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`its face indicates a publication date of January 22, 2015. Defendant admits that, as of the date of
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`this Answer, https://googleblog.blogspot.com/2009/03/googles-newest-venture.html states
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`“Posted by Rich Miner and Bill Maris, Managing Partners, Google Ventures.” Defendant denies
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`any conclusions, characterizations, implications, insinuations, or speculations that Plaintiff
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`alleges follow from the admitted fact. Defendant admits that Mr. Rich Miner is a co-founder of
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`Android Inc. Except as expressly admitted, Defendant lacks knowledge or information sufficient
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`to form a belief as to the truth or falsity of the remaining allegations contained in paragraph 20 of
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`the SAC and therefore denies each and every allegation set forth therein.
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`21.
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`Paragraph 21 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant admits that Mr. Rich Miner was an employee of Google
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`Ventures in November 2015, and became an employee of Google LLC in March 2021.
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`Defendant admits that, in or around November 2015, a meeting was scheduled between Rich
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`Miner and Peter Rinfret. Defendant admits that Rich Miner met with Peter Rinfret on or about
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 9 of 33
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`November 12, 2015, and that, on or about November 16, 2015, Mr. Miner received a slide deck
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`that mentioned Flyp’s alleged technology, business, and certain patent filings. Defendant admits
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`that this slide deck was produced as GOOG-FLYP-00004073. Defendant denies any conclusions,
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`characterizations, implications, insinuations, or speculations that Plaintiff alleges follow from the
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`admitted fact. Except as expressly admitted, Defendant lacks knowledge or information
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`sufficient to form a belief as to the truth or falsity of any remaining allegations contained in
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`paragraph 21, and therefore denies them.
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`22.
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`Paragraph 22 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant admits that it operates the website patents.google.com.
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`Defendant denies any conclusions, characterizations, implications, insinuations, or speculations
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`that Plaintiff alleges follow from the admitted fact. Except as expressly admitted, Defendant
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`lacks knowledge or information sufficient to form a belief as to the truth or falsity of the
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`remaining allegations contained in paragraph 22 of the SAC and therefore denies each and every
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`allegation set forth.
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`23.
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`Paragraph 23 contains legal conclusions to which no response is required. To the
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`extent a response is required, Defendant admits that Google changed certain aspects of Google
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`Voice in or around 2017. Defendant specifically denies that Google has committed or is
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`committing any acts of infringement. Except as expressly admitted, Defendant lacks knowledge
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`or information sufficient to form a belief as to the truth or falsity of the remaining allegations
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`contained in paragraph 23 of the SAC and therefore denies each and every allegation set forth
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`therein.
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`THE ASSERTED PATENTS
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`24.
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`Defendant admits that the title appearing on the face of U.S. Patent No. 9,667,770
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`(“the ’770 patent”) is “Telephone Network System and Method.” Defendant admits that the ’770
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 10 of 33
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`patent bears, on its face, an issue date of May 30, 2017. Defendant admits that the ’770 patent
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`lists, on its face, named inventors by the names of Ivan Zhidov, Peter A. Rinfret, and Sunir
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`Kochhar. Defendant lacks knowledge or information sufficient to form a belief as to the truth or
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`falsity of the remaining allegations contained in paragraph 24, and therefore denies them.
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`25.
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`Defendant admits that the title appearing on the face of U.S. Patent No.
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`10,051,105 (“the ’105 patent”) is “Telephone Network System and Method.” Defendant admits
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`that the ’105 patent bears, on its face, an issue date of August 14, 2018. Defendant admits that
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`the ’105 patent lists, on its face, named inventors by the names of Ivan Zhidov, Peter A. Rinfret,
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`and Sunir Kochhar. Defendant lacks knowledge or information sufficient to form a belief as to
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`the truth or falsity of the remaining allegations contained in paragraph 25, and therefore denies
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`them.
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`26.
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`Defendant admits that the title appearing on the face of U.S. Patent No.
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`10,334,094 (“the ’094 patent”) is “Telephone Network System and Method.” Defendant admits
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`that the ’094 patent bears, on its face, an issue date of June 25, 2019. Defendant admits that the
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`’094 patent lists, on its face, named inventors by the names of Ivan Zhidov, Peter A. Rinfret, and
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`Sunir Kochhar. Defendant lacks knowledge or information sufficient to form a belief as to the
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`truth or falsity of the remaining allegations contained in paragraph 26, and therefore denies them.
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`27.
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`Defendant admits that the title appearing on the face of U.S. Patent No.
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`11,012,554 (“the ’554 patent”) is “Telephone Network System and Methos [sic].” Defendant
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`admits that the ’554 patent bears, on its face, an issue date of May 18, 2021. Defendant admits
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`that the ’554 patent lists, on its face, named inventors by the names of Ivan Zhidov, Peter
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`Rinfret, and Sunir Kochhar. Defendant lacks knowledge or information sufficient to form a
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`-10-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 11 of 33
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`belief as to the truth or falsity of the remaining allegations contained in paragraph 27, and
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`therefore denies them.
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`28.
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`Defendant admits that the title appearing on the face of U.S. Patent No.
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`11,218,585 (“the ’585 patent”) is “Telephone Network System and Method.” Defendant admits
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`that the ’585 patent bears, on its face, an issue date of January 4, 2022. Defendant admits that the
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`’585 patent lists, on its face, named inventors by the names of Ivan Zhidov, Peter Rinfret, and
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`Sunir Kochhar. Defendant lacks knowledge or information sufficient to form a belief as to the
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`truth or falsity of the remaining allegations contained in paragraph 28, and therefore denies them.
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`Count I: Claim for Patent Infringement of the ’770 Patent
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`29.
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`Defendant repeats and incorporates by reference its responses to each preceding
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`paragraph as if fully set forth herein.
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`30.
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`Paragraph 30 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 30,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`31.
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`Paragraph 31 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 31,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`32.
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`Paragraph 32 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 32,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`33.
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`Paragraph 33 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant admits that Rich Miner met with Peter
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`Rinfret on or about November 12, 2015, and that, on or about November 16, 2015, Mr. Miner
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`received a slide deck that mentioned Flyp’s alleged technology, business, and certain patent
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`-11-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 12 of 33
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`filings. Defendant admits that in March 2021, Mr. Miner became an employee of Google LLC.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of
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`any remaining allegations contained in paragraph 33, and therefore denies them.
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`34.
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`Paragraph 34 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant admits that it operates the website
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`patents.google.com. Defendant denies any conclusions, characterizations, implications,
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`insinuations, or speculations that Plaintiff alleges follow from the admitted fact. Defendant
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`denies the remaining allegations in paragraph 34.
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`35.
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`Paragraph 35 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 35.
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`36.
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`Paragraph 36 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 36.
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`37.
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`Paragraph 37 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 37,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`38.
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`Paragraph 38 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 38,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`39.
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`40.
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`41.
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`42.
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`Defendant denies the allegations in paragraph 39.
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`Defendant denies the allegations in paragraph 40.
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`Defendant denies the allegations in paragraph 41.
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`Defendant denies the allegations in paragraph 42.
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`-12-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 13 of 33
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`Count II: Claim for Patent Infringement of the ’105 Patent
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`43.
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`Defendant repeats and incorporates by reference its responses to each preceding
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`paragraph as if fully set forth herein.
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`44.
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`Paragraph 44 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 44,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`45.
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`Paragraph 45 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 45,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`46.
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`Paragraph 46 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 46,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`47.
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`Paragraph 47 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant admits that Rich Miner met with Peter
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`Rinfret on or about November 12, 2015, and that, on or about November 16, 2015, Mr. Miner
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`received a slide deck that mentioned Flyp’s alleged technology, business, and certain patent
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`filings. Defendant admits that in March 2021, Mr. Miner became an employee of Google LLC.
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`Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of
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`any remaining allegations contained in paragraph 45, and therefore denies them.
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`48.
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`Paragraph 48 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant admits that it operates the website
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`patents.google.com. Defendant denies any conclusions, characterizations, implications,
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`insinuations, or speculations that Plaintiff alleges follow from the admitted fact. Defendant
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`denies the remaining allegations in paragraph 48.
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`-13-
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`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 14 of 33
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`49.
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`Paragraph 49 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 49.
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`50.
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`Paragraph 50 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 50,
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`and Defendant specifically denies that Google has committed any acts of infringement.
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`51.
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`Paragraph 51 contains legal conclusions and arguments to which no response is
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`required. To the extent a response is required, Defendant denies the allegations in paragraph 51,
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`and Defendant specifically denies that Google has committed any acts of infringement.
`
`52.
`
`Paragraph 52 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 52,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`53.
`
`54.
`
`55.
`
`56.
`
`Defendant denies the allegations in paragraph 53.
`
`Defendant denies the allegations in paragraph 54.
`
`Defendant denies the allegations in paragraph 55.
`
`Defendant denies the allegations in paragraph 56.
`
`Count III: Claim for Patent Infringement of the ’094 Patent
`
`57.
`
`Defendant repeats and incorporates by reference its responses to each preceding
`
`paragraph as if fully set forth herein.
`
`58.
`
`Paragraph 58 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 58,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`59.
`
`Paragraph 59 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 59,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`-14-
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`

`

`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 15 of 33
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`
`
`60.
`
`Paragraph 60 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 60,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`61.
`
`Paragraph 61 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant admits that Rich Miner met with Peter
`
`Rinfret on or about November 12, 2015, and that, on or about November 16, 2015, Mr. Miner
`
`received a slide deck that mentioned Flyp’s alleged technology, business, and certain patent
`
`filings. Defendant admits that in March 2021, Mr. Miner became an employee of Google LLC.
`
`Defendant lacks knowledge or information sufficient to form a belief as to the truth or falsity of
`
`any remaining allegations contained in paragraph 57, and therefore denies them.
`
`62.
`
`Paragraph 62 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant admits that it operates the website
`
`patents.google.com. Defendant denies any conclusions, characterizations, implications,
`
`insinuations, or speculations that Plaintiff alleges follow from the admitted fact. Defendant
`
`denies the remaining allegations in paragraph 62.
`
`63.
`
`Paragraph 63 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 63.
`
`64.
`
`Paragraph 64 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 64,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`65.
`
`Paragraph 65 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 65,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`-15-
`
`

`

`Case 6:22-cv-00031-ADA Document 119 Filed 06/07/23 Page 16 of 33
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`
`
`66.
`
`Paragraph 66 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 66,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`Defendant denies the allegations in paragraph 67.
`
`Defendant denies the allegations in paragraph 68.
`
`Defendant denies the allegations in paragraph 69.
`
`Defendant denies the allegations in paragraph 70.
`
`Defendant denies the allegations in paragraph 71.
`
`Defendant denies the allegations in paragraph 72.
`
`Defendant denies the allegations in paragraph 73.
`
`Count IV: Claim for Patent Infringement of the ’554 Patent
`
`74.
`
`Defendant repeats and incorporates by reference its responses to each preceding
`
`paragraph as if fully set forth herein.
`
`75.
`
`Paragraph 75 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 75,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`76.
`
`Paragraph 76 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 76,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`77.
`
`Paragraph 77 contains legal conclusions and arguments to which no response is
`
`required. To the extent a response is required, Defendant denies the allegations in paragraph 78,
`
`and Defendant specifically denies that Google has committed any acts of infringement.
`
`78.
`
`Paragraph 78 contains legal conclusions a