Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 306

Oracle America, Inc's ANSWER to 285 Amended Complaint,, and, COUNTERCLAIM against Eolas Technologies Incorporated by Sun Microsystems, Inc..(Findlay, Eric)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Eolas Technologies Incorporated, Plaintiff, v. Adobe Systems Inc., Amazon.com, Inc., Apple Inc., Blockbuster Inc., CDW Corp., Citigroup Inc., eBay Inc., Frito-Lay, Inc., The Go Daddy Group, Inc., Google, Inc., J.C. Penney Company, Inc., JPMorgan Chase & Co., New Frontier Media, Inc., Office Depot, Inc., Perot Systems Corp., Playboy Enterprises International, Inc., Rent-A-Center, Inc., Staples, Inc., Sun Microsystems Inc., Texas Instruments Inc., Yahoo! Inc., and YouTube, LLC, Defendants. § § § § § § § § § § § § § § § § § §

Civil Action No. 6:09-cv-446

JURY TRIAL

ORACLE AMERICA, INC.'S ANSWER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT Defendant Oracle America, Inc. ("OAI"), formerly known as Sun Microsystems, Inc., hereby submits its Answer and Counterclaims to Plaintiff Eolas Technologies Incorporated's ("Eolas") First Amended Complaint for Patent Infringement ("FAC") as follows: I. FAC PARAGRAPH 1 : Plaintiff Eolas is a corporation organized and existing under the laws of Texas, with its principal place of business at 313 East Charnwood Street, Tyler, Texas 75701. Eolas conducts leading-edge research and development to create innovative technologies in the areas of interactive embedded and distributed applications, systems, data analysis, visualization, collaboration and networking. During the past 15 years, Eolas' innovations have enabled
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PARTIES

corporations around the world to enhance their products and improve their customers' website experiences by enabling browsers, in conjunction with servers, to act as platforms for fully interactive embedded applications. This advanced technology provides rich interactive online experiences for Web users worldwide. OAI'S RESPONSE TO FAC PARAGRAPH 1: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 1 of the FAC, and therefore denies them. FAC PARAGRAPH 2 Upon information and belief, Adobe is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 345 Park Avenue, San Jose, California 95110-2704. Adobe may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 701 Brazos Street, Suite 1050, Austin, Texas 78701-3232. OAI'S RESPONSE TO FAC PARAGRAPH 2: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 2 of the FAC, and therefore denies them. FAC PARAGRAPH 3: Upon information and belief, Amazon is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1200 12th Avenue South, Suite 1200, Seattle, Washington 98144- 2734. Amazon may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 6500 Harbour Heights Parkway, Mukilteo, Washington 98275.

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OAI'S RESPONSE TO FAC PARAGRAPH 3: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 3 of the FAC, and therefore denies them. FAC PARAGRAPH 4: Upon information and belief, Apple is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of California, with its principal place of business at 1 Infinite Loop, Cupertino, California 95014-2083. Apple may be served with process by serving its registered agent, CT Corporation System at 350 N. St. Paul Street, Dallas, Texas 75201. OAI'S RESPONSE TO FAC PARAGRAPH 4: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 4 of the FAC, and therefore denies them. FAC PARAGRAPH 5: Upon information and belief, Blockbuster is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1201 Elm Street, Suite 2100, Dallas, Texas 75270-2102. Blockbuster may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 701 Brazos Street, Suite 1050, Austin, Texas 78701-3232. OAI'S RESPONSE TO FAC PARAGRAPH 5: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 5 of the FAC, and therefore denies them.

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FAC PARAGRAPH 6: Upon information and belief, CDW is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Illinois, with its principal place of business at 200 North Milwaukee Avenue, Vernon Hills, Illinois 60061. CDW may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 2730 Gateway Oaks Drive, Suite 100, Sacramento, California 95833-3503. OAI'S RESPONSE TO FAC PARAGRAPH 6: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 6 of the FAC, and therefore denies them. FAC PARAGRAPH 7: Upon information and belief, Citigroup is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 399 Park Avenue, New York, New York 10043. Citigroup may be served with process by serving its registered agent, CT Corporation System, 350 North Saint Paul Street, Dallas, Texas 75201-4240. OAI'S RESPONSE TO FAC PARAGRAPH 7: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 7 of the FAC, and therefore denies them. FAC PARAGRAPH 8: Upon information and belief, eBay is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 2145 Hamilton Avenue, San Jose, California 95125-5905. eBay may be

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served with process by serving its registered agent, National Registered Agents, Inc., 16055 Space Center Boulevard, Suite 235, Houston, Texas 77062-6212. OAI'S RESPONSE TO FAC PARAGRAPH 8: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 8 of the FAC, and therefore denies them. FAC PARAGRAPH 9: Upon information and belief, Frito-Lay is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 7701 Legacy Drive, Plano, Texas 75024-4002. On information and belief, Frito-Lay is a subsidiary of PepsiCo Inc. with its principal place of business at 700 Anderson Hill Road, Purchase, New York 10577-1401. Frito-Lay may be served with process by serving its registered agent, CT Corporation System, 350 North Saint Paul Street, Dallas, Texas 752014240. OAI'S RESPONSE TO FAC PARAGRAPH 9: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 9 of the FAC, and therefore denies them. FAC PARAGRAPH 10: Upon information and belief, Go Daddy is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Arizona, with its principal place of business at 14455 North Hayden Road, Suite 226, Scottsdale, Arizona 85260. Go Daddy may be served with process by serving its registered agent, Barb Rechterman, 14455 North Hayden Road, Suite 219, Scottsdale, Arizona 85260-6993.

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OAI'S RESPONSE TO FAC PARAGRAPH 10: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 10 of the FAC, and therefore denies them. FAC PARAGRAPH 11: Upon information and belief, Google is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043. Google may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 701 Brazos Street, Suite 1050, Austin, Texas 78701-3232. OAI'S RESPONSE TO FAC PARAGRAPH 11: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 11 of the FAC, and therefore denies them. FAC PARAGRAPH 12: Upon information and belief, J.C. Penney is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 6501 Legacy Drive, Plano, Texas 75024-3612. J.C. Penney may be served with process by serving its registered agent, CT Corporation System, 350 North Saint Paul Street, Dallas, Texas 75201-4240. OAI'S RESPONSE TO FAC PARAGRAPH 12: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 12 of the FAC, and therefore denies them.

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FAC PARAGRAPH 13: Upon information and belief, JPMorgan Chase is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 270 Park Avenue, New York, New York 10017. JPMorgan Chase may be served with process by serving its registered agent, CT Corporation System, 350 North Saint Paul Street, Dallas, Texas 75201-4240. OAI'S RESPONSE TO FAC PARAGRAPH 13: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 13 of the FAC, and therefore denies them. FAC PARAGRAPH 14: Upon information and belief, New Frontier Media is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Colorado, with its principal place of business at 7007 Winchester Circle, Suite 200, Boulder, Colorado 80301-3505. New Frontier Media may be served with process by serving its registered agent, Marc Callipari, 7007 Winchester Circle, Suite 200, Boulder, Colorado 80301-3517. OAI'S RESPONSE TO FAC PARAGRAPH 14: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 14 of the FAC, and therefore denies them. FAC PARAGRAPH 15: Upon information and belief, Office Depot is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 2200 Old Germantown Road, Delray Beach, Florida 33445-8223.

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Office Depot may be served with process by serving its registered agent, Corporate Creations Network Inc., 4265 San Felipe Street, Suite 1100, Houston, Texas 77027-2998. OAI'S RESPONSE TO FAC PARAGRAPH 15: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 15 of the FAC, and therefore denies them. FAC PARAGRAPH 16: Upon information and belief, Perot Systems is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 2300 West Plano Parkway, Plano, Texas 75075- 8499. Perot Systems may be served with process by serving its registered agent, CT Corporation System, 350 N. Saint Paul Street, Dallas, Texas 75201-4240. OAI'S RESPONSE TO FAC PARAGRAPH 16: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 16 of the FAC, and therefore denies them. FAC PARAGRAPH 17: Upon information and belief, Playboy is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 680 North Lake Shore Drive, Chicago, Illinois 60611. Playboy may be served with process by serving its registered agent, CT Corporation System, 111 8th Avenue, New York, New York 10011-5201. OAI'S RESPONSE TO FAC PARAGRAPH 17: OAI is without knowledge or information sufficient to form a belief as to the truth of the

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allegations set forth in paragraph 17 of the FAC, and therefore denies them. FAC PARAGRAPH 18: Upon information and belief, Rent-A-Center is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 5501 Headquarters Drive, Plano, Texas 75024. Rent-A-Center may be served with process by serving its registered agent, CT Corporation System, 350 North St. Paul Street, Dallas, Texas 75201. OAI'S RESPONSE TO FAC PARAGRAPH 18: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 18 of the FAC, and therefore denies them. FAC PARAGRAPH 19: Upon information and belief, Staples is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 500 Staples Drive, Framingham, Massachusetts 01702. Staples may be served with process by serving its registered agent, CT Corporation System, 155 Federal Street, Suite 700, Boston Massachusetts 02110-1727. OAI'S RESPONSE TO FAC PARAGRAPH 19: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 19 of the FAC, and therefore denies them. FAC PARAGRAPH 20: Upon information and belief, Sun Microsystems is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 4150 Network Circle, Santa Clara, California 95054. Sun
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Microsystems may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC - Lawyers Incorporating Service, 2730 Gateway Oaks Drive, Suite 100, Sacramento, California 95833-3503 OAI'S RESPONSE TO FAC PARAGRAPH 20: OAI admits the allegations contained in paragraph 20 were correct until February 15, 2010. On February 15, 2010, Oracle USA, Inc. merged with and into Sun Microsystems, Inc. Sun Microsystems, Inc., the surviving corporation was renamed Oracle America, Inc. ("OAI"). OAI is a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 500 Oracle Parkway, Redwood Shores, California 94065. FAC PARAGRAPH 21: Upon information and belief, Texas Instruments is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 12500 TI Boulevard, Dallas, Texas 75243-4136. Texas Instruments may be served with process by serving its registered agent, Joseph F. Hubach, 7839 Churchill Way, MS 3999, Dallas, Texas 75251-1901. OAI'S RESPONSE TO FAC PARAGRAPH 21: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 21 of the FAC, and therefore denies them. FAC PARAGRAPH 22: Upon information and belief, Yahoo is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 701 1st Avenue, Sunnyvale, California 94089. Yahoo may be served with

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process by serving its registered agent, CT Corporation System, 818 W. 7th Street, Los Angeles, California 90017-3407. OAI'S RESPONSE TO FAC PARAGRAPH 22: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 22 of the FAC, and therefore denies them. FAC PARAGRAPH 23: Upon information and belief, YouTube, LLC is, and at all relevant times mentioned herein was, a corporation organized and existing under the laws of the State of Delaware, with its principal place of business at 1600 Amphitheatre Parkway, Mountain View, California 940431351. YouTube, LLC may be served with process by serving its registered agent, Corporation Service Company d/b/a CSC, 2730 Gateway Oaks Drive Suite 100, Sacramento, CA 95833. OAI'S RESPONSE TO FAC PARAGRAPH 23: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 23 of the FAC, and therefore denies them. II. FAC PARAGRAPH 24: Plaintiff repeats and re-alleges the allegations in Paragraphs 1­23 as though fully set forth in their entirety. OAI'S RESPONSE TO FAC PARAGRAPH 24: OAI incorporates by reference its responses to the allegations contained in paragraphs 123 above. JURISDICTION AND VENUE

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FAC PARAGRAPH 25: This action arises under the patent laws of the United States, Title 35, United States Code § 1, et seq. This Court has exclusive subject matter jurisdiction over this case for patent infringement under 28 U.S.C. §§ 1331 and 1338(a). OAI'S RESPONSE TO FAC PARAGRAPH 25: OAI admits this is an action for patent infringement arising under the patent laws of the United States, Title 35 of the United States Code, but denies any liability thereunder. OAI admits that this Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) over the claims brought against it in this suit, but OAI denies any liability thereunder. FAC PARAGRAPH 26: Personal jurisdiction exists generally over each of the Defendants because each has sufficient minimum contacts with the forum as a result of business conducted within State of Texas and within the Eastern District of Texas. Personal jurisdiction also exists specifically over each of the Defendants because each, directly or through subsidiaries or intermediaries, makes, uses, offers for sale, sells, imports, advertises, makes available and/or markets products and services within the State of Texas, and more particularly, within the Eastern District of Texas, that infringe the patents-in-suit, as described more particularly below. OAI'S RESPONSE TO FAC PARAGRAPH 26: OAI admits, for purposes of this litigation only, that this Court has personal jurisdiction over it. OAI denies the remaining allegations in paragraph 26 of the FAC as related to OAI. OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 26 of the FAC as they pertain to any other defendant, and therefore denies them.
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FAC PARAGRAPH 27: Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391(b)­(c) and 1400(b). OAI'S RESPONSE TO FAC PARAGRAPH 27: For purposes of this litigation only, OAI does not dispute that venue exists in this judicial district under 28 U.S.C. § 1391 (b); however, OAI maintains that under 28 U.S.C. § 1404(a), for the convenience of parties and witnesses, in the interests of justice, this action should be transferred to the Northern District of California. The allegations in this paragraph are legal conclusions for which no answer is required or given. III. FAC PARAGRAPH 28: Plaintiff repeats and re-alleges the allegations in Paragraphs 1­27 as though fully set forth in their entirety. OAI'S RESPONSE TO FAC PARAGRAPH 28: OAI incorporates by reference its responses to the allegations contained in paragraphs 1 through 27 above. FAC PARAGRAPH 29: United States Patent No. 5,838,906 ("the '906 Patent") entitled "Distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document," and United States Patent No. 7,599,985 ("the '985 Patent") entitled "Distributed hypermedia method and system for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document" were duly and legally issued by the United States Patent and Trademark Office on
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November 17, 1998 ('906 Patent) and October 6, 2009 ('985 Patent) after full and fair examination. The United States Patent and Trademark Office, after initially issuing the '906 Patent, has affirmed its validity on two separate occasions, most recently in February 2009. The '906 Patent and the '985 Patent may be collectively referred to hereafter as "the patents". OAI'S RESPONSE TO FAC PARAGRAPH 29: OAI admits that the '906 Patent is entitled "Distributed hypermedia method for automatically invoking external application providing interaction and display of embedded objects with a hypermedia document" and appears on its face to have been issued on November 17, 1998. OAI admits that the '985 Patent is entitled "Distributed hypermedia method and system for automatically invoking external application providing interaction and display of embedded objects within a hypermedia document" and appears on its fact to have been issued on October 6, 2009. OAI is without knowledge or information sufficient to form a belief as to the truth of the remaining allegations set forth in paragraph 29 of the FAC, and therefore denies them. FAC PARAGRAPH 30: Eolas has an exclusive license to the patents that includes, without limitation, the following: (a) all exclusionary rights under the patents, including, but not limited to, (i) the exclusive right to exclude others from making, using, offering for sale, or selling products embodying the patented inventions throughout the United States or importing such products into the United States, and (ii) the exclusive right to exclude others from using and otherwise practicing methods embodying the patented inventions throughout the United States; and (b) the exclusive right to sue and seek damages for infringement of any of the exclusionary rights identified above.

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OAI'S RESPONSE TO FAC PARAGRAPH 30: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 30 of the FAC, and therefore denies them. FAC PARAGRAPH 31: On information and belief, Adobe has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.adobe.com and tv.adobe.com and maintained on servers located in and/or accessible from the United States under the control of Adobe; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers, including, without limitation, Flash and Shockwave; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Adobe indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Adobe has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Adobe indirectly infringes one or claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Adobe contributes to the direct infringement of users of said web pages, software, and computer equipment.

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OAI'S RESPONSE TO FAC PARAGRAPH 31: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 31 of the FAC, and therefore denies them. FAC PARAGRAPH 32: On information and belief, Amazon has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.amazon.com and maintained on servers located in and/or accessible from the United States under the control of Amazon; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Amazon indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Amazon has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Amazon indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Amazon contributes to the direct infringement of users of said web pages, software, and computer equipment.

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OAI'S RESPONSE TO FAC PARAGRAPH 32: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 32 of the FAC, and therefore denies them. FAC PARAGRAPH 33: On information and belief, Apple has directly or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.apple.com and maintained on servers located in and/or accessible from the United States under the control of Apple; (ii) software, including, without limitation, browser software and software that allows content to be interactively presented in and/or served to browsers, including, without limitation, QuickTime, Safari for Windows, and Safari for the Mac; (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing; and/or (iv) Apple desktop and laptop computers. Apple indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Apple has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Apple indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Apple

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contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 33: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 33 of the FAC, and therefore denies them. FAC PARAGRAPH 34: On information and belief, Blockbuster has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.blockbuster.com and maintained on servers located in and/or accessible from the United States under the control of Blockbuster; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Blockbuster indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Blockbuster has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Blockbuster indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, Blockbuster contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 34: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 34 of the FAC, and therefore denies them. FAC PARAGRAPH 35: On information and belief, CDW has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.cdw.com and maintained on servers located in and/or accessible from the United States under the control of CDW; (ii) software, including, without limitation, software that allows content to be interactively in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. CDW indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). CDW has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. CDW indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, CDW

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contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 35: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 35 of the FAC, and therefore denies them. FAC PARAGRAPH 36: On information and belief, Citigroup has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.citigroup.com and maintained on servers located in and/or accessible from the United States under the control of Citigroup; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Citigroup indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Citigroup has induced and continues to induce users of the web pages, software, and computer equipment identified above to infringe one or more claims of the '906 Patent and/or the '985 Patent. Citigroup indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified

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above, Citigroup contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 36: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 36 of the FAC, and therefore denies them. FAC PARAGRAPH 37: On information and belief, eBay has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.ebay.com and maintained on servers located in and/or accessible from the United States under the control of eBay; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. eBay indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). eBay has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. eBay indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, eBay

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contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 37: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 37 of the FAC, and therefore denies them. FAC PARAGRAPH 38: On information and belief, Frito-Lay has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.frito-lay.com and maintained on servers located in and/or accessible from the United States under the control of Frito-Lay; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Frito-Lay indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Frito-Lay has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Frito-Lay indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, Frito-Lay contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 38: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 38 of the FAC, and therefore denies them. FAC PARAGRAPH 39: On information and belief, Go Daddy has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via and maintained on servers located in and/or accessible from the United States under the control of Go Daddy; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. GoDaddy indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). GoDaddy has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. GoDaddy indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, GoDaddy contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 39: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 39 of the FAC, and therefore denies them. FAC PARAGRAPH 40: On information and belief, Google has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.google.com and maintained on servers located in and/or accessible from the United States under the control of Google; (ii) software, including, without limitation, browser software and software that allows content to be interactively presented in and/or served to browsers, including, without limitation, Chrome for Windows and Chrome for the Mac; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Google indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Google has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Google indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software,
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and computer equipment identified above, Google contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 40: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 40 of the FAC, and therefore denies them. FAC PARAGRAPH 41: On information and belief, J.C. Penney has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.jcpenneybrands.com and maintained on servers located in and/or accessible from the United States under the control of J.C. Penney; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. J.C. Penney indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). J.C. Penney has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. J.C. Penney indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, J.C. Penney contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 41: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 41 of the FAC, and therefore denies them. FAC PARAGRAPH 42: On information and belief, JPMorgan Chase has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.jpmorgan.com and maintained on servers located in and/or accessible from the United States under the control of JPMorgan Chase; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. JPMorgan Chase indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). JPMorgan Chase has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. JPMorgan Chase indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and

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computer equipment identified above, JPMorgan Chase contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 42: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 42 of the FAC, and therefore denies them. FAC PARAGRAPH 43: On information and belief, New Frontier Media has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.mainlinereleasing.com and maintained on servers located in and/or accessible from the United States under the control of New Frontier Media; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. New Frontier Media indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). New Frontier Media has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. New Frontier indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and
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computer equipment identified above, New Frontier contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 43: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 43 of the FAC, and therefore denies them. FAC PARAGRAPH 44: On information and belief, Office Depot has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.officedepot.com and maintained on servers located in and/or accessible from the United States under the control of Office Depot; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Office Depot indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Office Depot has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Office Depot indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, Office Depot contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 44: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 44 of the FAC, and therefore denies them. FAC PARAGRAPH 45: On information and belief, Perot Systems has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.perotsystems.com and maintained on servers located in and/or accessible from the United States under the control of Perot Systems; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Perot Systems indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Perot Systems has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Perot Systems indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer

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equipment identified above, Perot Systems contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 45: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 45 of the FAC, and therefore denies them. FAC PARAGRAPH 46: On information and belief, Playboy has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.playboy.com and maintained on servers located in and/or accessible from the United States under the control of Playboy; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Playboy indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Playboy has induced and continues to users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Playboy indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above,

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Playboy contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 46: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 46 of the FAC, and therefore denies them. FAC PARAGRAPH 47: On information and belief, Rent-A-Center has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.rentacenter.com and maintained on servers located in and/or accessible from the United States under the control of Rent-a-Center; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Rent-a-center indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Rent-a-center has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Rent-a-center indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Rent-a-center contributes to the direct infringement of users of said

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web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 47: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 47 of the FAC, and therefore denies them. FAC PARAGRAPH 48: On information and belief, Staples has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.staples.com and maintained on servers located in and/or accessible from the United States under the control of Staples; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Staples indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Staples has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Staples indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Staples contributes to the direct infringement of users of said web pages, software, and computer equipment.

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OAI'S RESPONSE TO FAC PARAGRAPH 48: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 48 of the FAC, and therefore denies them. FAC PARAGRAPH 49: On information and belief, Sun Microsystems has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.sun.com and maintained on servers located in and/or accessible from the United States under the control of Sun Microsystems; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers, including, without limitation, Java and JavaFX; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Sun Microsystems indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Sun Microsystems has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Sun Microsystems indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Sun Microsystems contributes to the direct infringement of users of said web pages, software, and computer equipment.

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OAI'S RESPONSE TO FAC PARAGRAPH 49: OAI denies the allegations contained in paragraph 49 of the FAC. FAC PARAGRAPH 50: On information and belief, Texas Instruments has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.ti.com and maintained on servers located in and/or accessible from the United States under the of Texas Instruments; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. Texas Instruments indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Texas Instruments has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Texas Instruments indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Texas Instruments contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 50: OAI is without knowledge or information sufficient to form a belief as to the truth of the
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allegations set forth in paragraph 50 of the FAC, and therefore denies them. FAC PARAGRAPH 51: On information and belief, Yahoo has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.yahoo.com and maintained on servers located in and/or accessible from the United States under the control of Yahoo; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing Yahoo indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). Yahoo has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. Yahoo indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, Yahoo contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 51: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 51 of the FAC, and therefore denies them.
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FAC PARAGRAPH 52: On information and belief, YouTube has directly and/or indirectly infringed (by inducement and/or contributory infringement), and is continuing to infringe, directly and/or indirectly, the '906 Patent and/or the '985 Patent in this District or otherwise within the United States by making, using, selling, offering to sell, and/or importing in or into the United States, without authority: (i) web pages and content to be interactively presented in browsers, including, without limitation, the web pages and content accessible via www.youtube.com and maintained on servers located in and/or accessible from the United States under the control of YouTube; (ii) software, including, without limitation, software that allows content to be interactively presented in and/or served to browsers; and/or (iii) computer equipment, including, without limitation, computer equipment that stores, serves, and/or runs any of the foregoing. YouTube indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by active inducement under 35 U.S.C. § 271(b). YouTube has induced and continues to induce users of the web pages, software, and computer equipment identified above to directly infringe one or more claims of the '906 Patent and/or the '985 Patent. YouTube indirectly infringes one or more claims of the '906 Patent and/or the '985 Patent by contributory infringement under 35 U.S.C. § 271(c). By providing the web pages, software, and computer equipment identified above, YouTube contributes to the direct infringement of users of said web pages, software, and computer equipment. OAI'S RESPONSE TO FAC PARAGRAPH 52: OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 52 of the FAC, and therefore denies them.

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FAC PARAGRAPH 53: On information and belief, the Defendants have knowledge of the '906 Patent and have not ceased their infringing activities. The Defendants' infringement of the '906 Patent has been and continues to be willful and deliberate. OAI'S RESPONSE TO FAC PARAGRAPH 53: OAI denies the allegations contained in paragraph 53 as related to OAI. OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 53 of the FAC as they pertain to any other defendant, and therefore denies them. FAC PARAGRAPH 54: As a direct and proximate consequence of the acts and practices of the Defendants in infringing and/or inducing the infringement of one or more claims of the '906 Patent and one or more claims of the '985 Patent, Eolas has been, is being, and, unless such acts and practices are enjoined by the Court, will continue to suffer injury to its business and property rights. OAI'S RESPONSE TO FAC PARAGRAPH 54: OAI denies the allegations contained in paragraph 54 as related to OAI. OAI is without knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph 54 of the FAC as they pertain to any other defendant, and therefore denies them. FAC PARAGRAPH 55: As a direct and proximate consequence of the acts and practices of the Defendants in infringing, directly and/or indirectly, one or more claims of the '906 Patent and one or more claims of the '985 Patent, Eolas has suffered, is suffering, and will continue to suffer injury and da