Case:-cv-0-VC Document Filed0// Page of 0 JAMES C. OTTESON, State Bar No. jim@agilityiplaw.com THOMAS T. CARMACK, State Bar No. tom@agilityiplaw.com AGILITY IP LAW, LLP Commonwealth Drive Menlo Park, CA 0 Telephone: (0) -00 Facsimile: (0) - Attorneys for Plaintiffs TECHNOLOGY PROPERTIES LIMITED LLC and PHOENIX DIGITAL SOLUTIONS LLC CHARLES T. HOGE, State Bar No. 0 choge@knlh.com KIRBY NOONAN LANCE & HOGE LLP 0 Tenth Avenue, Suite 00 San Diego, CA 0 Telephone: () - Attorneys for Plaintiff PATRIOT SCIENTIFIC CORPORATION UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 0 TECHNOLOGY PROPERTIES LIMITED LLC, PHOENIX DIGITAL SOLUTIONS LLC, and PATRIOT SCIENTIFIC CORPORATION, v. Plaintiffs, ZTE CORPORATION, et al., Defendants. Case No. :-cv-0-vc PLAINTIFFS ANSWER TO COUNTERCLAIMS JURY TRIAL DEMANDED Plaintiffs Technology Properties Limited LLC, Phoenix Digital Solutions LLC, and Patriot Scientific Corporation (collectively, Plaintiffs ) answer the Counterclaims of Defendants ZTE Corporation and ZTE (USA) Inc. (collectively, ZTE ) by admitting, denying, and alleging as follows: Plaintiffs Answer to Counterclaims Page Case No. :-cv-0-vc
Case:-cv-0-VC Document Filed0// Page of 0 0 PARTIES. Responding to paragraph of the Counterclaims, Plaintiffs admit upon information and belief that ZTE Corporation is a Chinese corporation with a principal place of business at ZTE Plaza, Keji South Road, Hi & New Tech Industrial Park, Nanshan District, Shenzhen 0, China.. Responding to paragraph of the Counterclaims, Plaintiffs admit upon information and belief that ZTE (USA) Inc. is a New Jersey corporation with a principal place of business at N. Central Expressway, Suite, Richardson, Texas, 00.. Responding to paragraph of the Counterclaims, admitted.. Responding to paragraph of the Counterclaims, admitted.. Responding to paragraph of the Counterclaims, admitted. NATURE OF THE ACTION. Responding to paragraph of the Counterclaims, Plaintiffs admit that ZTE s Counterclaims seek declarations of non-infringement, invalidity and/or unenforceability. Plaintiffs deny ZTE is entitled to such declarations.. Responding to paragraph of the Counterclaims, admitted. JURISDICTION AND VENUE. Responding to paragraph of the Counterclaims, Plaintiffs admit that ZTE s Counterclaims seek declaratory relief under U.S.C. 0 and U.S.C.. Plaintiffs deny ZTE is entitled to such relief.. Responding to paragraph of the Counterclaims, admitted. 0. Responding to paragraph 0 of the Counterclaims, admitted.. Responding to paragraph of the Counterclaims, admitted. FIRST COUNTERCLAIM (Declaratory Judgment of Non-Infringement of U.S. Patent No.,0,). Responding to paragraph of the Counterclaims, Plaintiffs reallege and Plaintiffs Answer to Counterclaims Page Case No. :-cv-0-vc
Case:-cv-0-VC Document Filed0// Page of 0 0. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the infringement of the patent, and deny the rest of the. Responding to paragraph of the Counterclaims, denied. SECOND COUNTERCLAIM (Declaratory Judgment of Non-Infringement of U.S. Patent No.,0,0). Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the infringement of the 0 patent, and deny the rest of the. Responding to paragraph of the Counterclaims, denied. THIRD COUNTERCLAIM (Declaratory Judgment of Non-Infringement of U.S. Patent No.,0,). Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the infringement of the patent, and deny the rest of the 0. Responding to paragraph 0 of the Counterclaims, denied.. Responding to paragraph of the Counterclaims, denied. FOURTH COUNTERCLAIM (Declaratory Judgment of Invalidity of U.S. Patent No.,0,). Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the validity of the patent, and deny the rest of the Plaintiffs Answer to Counterclaims Page Case No. :-cv-0-vc
Case:-cv-0-VC Document Filed0// Page of 0 0. Responding to paragraph of the Counterclaims, denied. FIFTH COUNTERCLAIM (Declaratory Judgment of Invalidity of U.S. Patent No.,0,0). Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the validity of the 0 patent, and deny the rest of the. Responding to paragraph of the Counterclaims, denied. SIXTH COUNTERCLAIM (Declaratory of Invalidity of U.S. Patent No.,0,). Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, Plaintiffs admit that there is a controversy between the parties as to the validity of the patent, and deny the rest of the 0. Responding to paragraph 0 of the Counterclaims, denied. EXCEPTIONAL CASE. Responding to paragraph of the Counterclaims, Plaintiffs reallege and. Responding to paragraph of the Counterclaims, denied. RESPONSE TO PRAYER FOR RELIEF Plaintiffs deny that ZTE is entitled to any requested relief. Plaintiffs Answer to Counterclaims Page Case No. :-cv-0-vc
Case:-cv-0-VC Document Filed0// Page of 0 Dated: January, 0 Respectfully submitted, AGILITY IP LAW, LLP /s/ James C. Otteson James C. Otteson Commonwealth Drive Menlo Park, CA 0 Telephone: (0) -00 Attorneys for Plaintiffs TECHNOLOGY PROPERTIES LIMITED LLC and PHOENIX DIGITAL SOLUTIONS LLC KIRBY NOONAN LANCE & HOGE LLP /s/ Charles T. Hoge Charles T. Hoge 0 Tenth Avenue, Suite 00 San Diego, CA 0 Telephone: () - Attorneys for Plaintiff PATRIOT SCIENTIFIC CORPORATION 0 ****************************************************************************** FILER S ATTESTATION PURSUANT TO L.R. -(i)() I, James C. Otteson, am the ECF User whose ID and password are being used to file the PLAINTIFFS ANSWER TO COUNTERCLAIMS. I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. Dated: January, 0 By: /s/ James C. Otteson James C. Otteson Plaintiffs Answer to Counterclaims Page Case No. :-cv-0-vc