EMG Technology, LLC v. Apple, Inc.

Filing 94

ANSWER to 78 Amended Complaint by Bloomberg, L.P..(DeRieux, Elizabeth)

EMG Technology, LLC v. Apple, Inc.

Doc. 94

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION

EMG TECHNOLOGY, LLC, Plaintiff, Civil Action No. 6:08-cv-447
v.

Jury Trial Demanded APPLE, INC., AMERICAN AIRLINES, INC., BLOOMBERG, L.P., CONTINENTAL AIRLINES, INC., and UNITED PARCEL SERVICE, INC. Defendants. DEFENDANT BLOOMBERG, L.P.'S AMENDED ANSWER Defendant Bloomberg, L.P. ("Bloomberg"), by and through its undersigned

counsel, responds to the Third Amended Complaint for Patent Infringement ("Complaint") filed by Plaintiff EMG Technology, LLC ("EMG") as follows: Specific responses corresponding to

the Plaintiff s averments are set forth below, but except as otherwise specifically admitted, qualified or denied herein, all averments of the Complaint are denied. 1. 2. 3. Admitted. Admitted. Bloomberg admits that it has transacted and continues to transact business

in the Eastern District of Texas. Bloomberg denies that the Court has personal jurisdiction over Bloomberg. Bloomberg denies the remaining averments as they relate to Bloomberg. Bloomberg is without knowledge or information sufficient to form a belief as to the truth or falsity of the averments as they relate to other Defendants.

Dockets.Justia.com

4.

Bloomberg admits that it has done and continues to do business in this

District. Bloomberg denies the remaining averments as they relate to Bloomberg. Bloomberg denies that venue is proper in this district. Bloomberg is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 5. Bloomberg is without knowledge or information sufficient to form a belief

as to the truth or falsity of these averments. 6. Bloomberg is without knowledge or information sufficient to form a belief

as to the truth or falsity of these averments. 7. Bloomberg is without knowledge or information sufficient to form a belief

as to the truth or falsity of these averments. 8. Bloomberg admits that it is a Delaware limited partnership with a

principle place of business at 731 Lexington Avenue, New York, New York 10022, and that its business includes providing news and information about business and finance. Bloomberg further admits that it has done and continues to do business in this District. Bloomberg denies the remaining averments. 9. Bloomberg is without knowledge or information sufficient to form a belief

as to the truth or falsity of these averments. 10. Bloomberg is without knowledge or information sufficient to form a belief

as to the truth or falsity of these averments. 11. Bloomberg admits that U.S. Patent No. 7,441,196 ("the 196 Patent") is

titled "Apparatus and Method of Manipulating a Region on a Wireless Device Screen for Viewing, Zooming and Scrolling Internet Content" and bears an issue date of October 21,2008. Bloomberg further admits that a copy of the 196 Patent is attached as Exhibit A to the

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Complaint. Bloomberg denies that the 196 Patent is valid, and denies that it was duly and legally issued. Bloomberg is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 12. Bloomberg admits that U.S. Patent No. 7,020,845 ("the 845 Patent") is

titled "Navigating Internet Content On A Television Using A Simplified Interface and Remote Control," and bears an issue date of March 28, 2006. Bloomberg further admits that a copy of the 845 Patent is attached as Exhibit B to the Complaint. Bloomberg denies that the 845 Patent is valid, and denies that it was duly and legally issued. Bloomberg is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 13. above. 14. Bloomberg denies the averments as they relate to Bloomberg. Bloomberg Bloomberg refers to and incorporates the responses in paragraphs 1-12

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 15. Bloomberg denies the averments as they relate to Bloomberg. Bloomberg

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 16. Bloomberg denies the averments as they relate to Bloomberg. Bloomberg

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 17. above. Bloomberg refers to and incorporates the responses in paragraphs 1-16

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18.

Bloomberg denies the averments as they relate to Bloomberg. Bloomberg

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 19. Bloomberg denies the averments as they relate to Bloomberg. Bloomberg

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 20. Bloomberg denies the averments as they relate to Bloomberg. Bloomberg

is without knowledge or information sufficient to form a belief as to the truth or falsity of the remaining averments. 21. No admission or denial is required. FIRST DEFENSE (Noninfringement of the 196 Patent) 22. Bloomberg has not infringed, induced others to infringe, or contributed to

the infringement of the 196 Patent. SECOND DEFENSE (Noninfringement of the 845 Patent) 23. Bloomberg has not infringed, induced others to infringe, or contributed to

the infringement of the 845 Patent. THIRD DEFENSE (Invalidity of the 196 Patent) 24. The 196 Patent is invalid for failure to meet the conditions of patentability

of Title 35 of the United States Code, including without limitation §§ 101, 102, 103, and/or 112.

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FOURTH DEFENSE (Invalidity of the 845 Patent) 25. The 845 Patent is invalid for failure to meet the conditions of patentability

of Title 35 of the United States Code, including without limitation §§ 101, 102, 103, and/or 112. FIFTH DEFENSE (Lack of Personal Jurisdiction) 26. over Bloomberg. SIXTH DEFENSE (Improper Venue) 27. On information and belief, venue in this District is improper. On information and belief, this Court does not have personal jurisdiction

PRAYER FOR RELIEF WHEREFORE, Bloomberg LP prays for a judgment that: ( a) Bloomberg LP has not infringed and does not infringe any claim of the' 196 or '845 patents; (b) that the' 196 and '845 patents are invalid and/or unenforceable; (c) For a ruling that EMG Technology, LLC shall be required to pay Bloomberg LP's damages incurred as a result of this action, including reasonable attorneys' fees and costs consistent with 35 U.S.C. § 285, because EMG Technology, LLC's actions make this an exceptional case; and (d) For such other relief as this Court deems just.

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July 10, 2009

Respectfully submitted,

By: lsi Elizabeth L. DeRieux S. Calvin Capshaw State Bar No. 03783900 Elizabeth L. DeRieux State Bar No. 05770585 D. Jeffrey Rambin State Bar No. 00791478 CAPSHAW DERIEUX LLP 1127 Judson Road, Suite 220 P.O. Box 3999 (75606-3999) Longview, Texas 75601-5157 [phone] Phone [phone] Fax Email: [e-mail] Email: [e-mail] Email: [e-mail] Of Counsel: John M. DiMatteo j [e-mail] Kelsey I. Nix [e-mail] Robert G. Kofsky [e-mail] WILLKIE F ARR & GALLAGHER LLP 787 Seventh Avenue New York, NY 10019 [phone] Phone [phone] Fax ATTORNEYS FOR DEFENDANT BLOOMBERG, L.P.

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CERTIFICATE OF SERVICE I hereby certify that the all counsel of record, who are deemed to have consented to electronic service are being served this July 10, 2009, with a copy of this document via the Court's CMlECF system per Local Rule CV-5(a)(3). Any other counsel of record will be served by electronic mail, facsimile transmission andlor first class mail on this same date.

lsi Elizabeth L. DeRieux
Elizabeth L. DeRieux

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