Parallel Networks, LLC v. Adidas America, Inc. et al

Filing 266

ANSWER to #1 Complaint,,,,,,, by Eastman Kodak Company, Kodak Imaging Network, Inc..(Richardson, Michael)

Parallel Networks, LLC v. Adidas America, Inc. et al

Doc. 266

II¡IITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS

TYLER DIVISION
Parallel Networks,

LLC,
Plaintiff,

CIVIL ACTION NO. 6:10-cv-00491-LED
DEMAND FOR ruRY TRTAL

v. Adidas America, Inc.; Adidas Interactive, Inc.; Aeropostale, Inc.; American Girl, American Suzuki Motor Corporation; Andersen Cotp.; Andersen Windows,Inc.; Asics America Corp.; AT&T Inc.; BBY

LLC;

)

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]
{ )

Solutions,Inc.'

Bergdorfgoodman.Com,LLC;BestBuylcom, LLC; Bloomingdale's,Inc.; Briggs & Stratton Corporation; Briggs & Stratton Power Products Group, LLC; Brunswick Billiards, Inc.;

ì
{ { )

Brunswick Co.p.; Chico's Retail Services, Inc.; ì CitizenWatch Co. of America, Inc.; Dillard's, ( Inc.; Eastman Kodak Company; General Motors I LLC; The Gillette Company; The Goodyear { Tire & Rubber Company; H-D Michigan, Inc.; { Harley-Davidson, Inc.; Hasbro, Inc.; Hayneedle, ( Inc.; Herman Miller, Inc.; HSN Interactive LLC; ( HSN LP; The J. Jill Group, Inc.; Jill Acquisition { LLC; Jones Investment Company, Inc.; Jones { Retail Corporation; Kodak Imaging Network, { Inc.; Kohl's Department Stores,Inc.; { Electronics USA, Inc.; Macy's West Stores,Inc.;{ Macys.com,Inc.; Mattel, Inc.; Mitsubishi Motor { Sales Of America,Inc.; Mitsubishi Motors North{ America,Inc.; Motorola, Inc.; I Trademark Holdings, LLC; Nautica Apparel, ( Inc.; Nautica Retail USA, Inc.; Navistar, Inc.; { New Balance Athletic Shoe, Inc.; Nissan North I America, Inc.; PRL USA Holdings, Inc.; I Procter & Gamble Company; Ralph Lauren { Media LLC; Russell Brands, LLC; Subaru { America, Inc.; Sunglass Hut Trading, { Victoria's Secret; Wolverine V/orld Wide, Inc.; ( Women's Apparel Group, LLCDlBlABoston { Apparel Group,

DEF'ENDANTS EASTMAN KODAK COMPANY AND KODAK IMAGING NETWORK, INC. ANS\ryER TO

COMPLAINT

LG

Motorola

The

Of LLC;

LLC,

Defendants.

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)

Dockets.Justia.com

DEFENDANTS EASTMAN KODAK COMPANY'S AND KODAK IMAGING NETWORK,INC.'S ANSWER TO COMPLAINT
Pursuant to Rules

I and 12 of the Federal Rules of Civil Procedure and the Local Rules

of this Court, Defendants Eastman Kodak Company and Kodak Imaging Networks, Inc. (collectively, "Kodak") answer the allegations in Plaintiff Parallel Networks, LLC's

("Parallel's") Complaint as follows:

THE PARTIES

1. 2. 3. 4. 5. 6. 7. 8.

Kodak is without knowledge or information suffrcient to form a belief as to the
1

truth of the allegations contained in paragraph

of the Complaint.

Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 2 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 3 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 4 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 5 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 6 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 7 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 8 of the Complaint.

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9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19.

Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 9 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 10 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 11 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph l2 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 13 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 14 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained inparugraph l5 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations cont¿ined in paragraph l6 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 17 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 18 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 19 of the Complaint.

a -J-

20. 2I. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31.

Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 20 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 21 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 21 of the Complaint. Kodak admits the allegations contained in paragraph23 of the Complaint. Kodak is without knowledge or information suff,rcient to form a belief as to the

truth of the allegations contained in paragraph24 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 25 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 26 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph2T of the Complaint. Kodak is without knowledge or information suff,rcient to form a belief as to the

truth of the allegations contained in paragraph 28 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 29 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 30 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 31 of the Complaint.

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32. 33. 34. 35. 36. 37. 38. 39. 40. 4I. 42. 43.

Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 32 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 33 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 34 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 35 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 36 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 37 of the Complaint. Kodak admits the allegations contained in paragraph 38 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 39 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 40 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 41 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph42 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 43 of the Complaint.

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44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54.

Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 44 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 45 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 46 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 47 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 48 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 49 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 50 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 51 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 52 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 53 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained inparagraph 54 of the Complaint.

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55. 56. 57. 58. 59. 60. 61.

Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 55 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 56 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 57 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 58 of the Complaint. Kodak is without knowledge or information suffrcient to form a belief as to the

truth of the allegations contained in paragraph 59 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 60 of the Complaint. Kodak is without knowledge or information sufficient to form a belief as to the

truth of the allegations contained in paragraph 61 of the Complaint.

JURISDICTION AND VENUE

62.

Kodak admits that the Complaint purports to set forth a cause of action for patent

infringement. Kodak denies that it has made or used the alleged invention of the patent-in-suit,
or that it has infringed any claims of the patent-in-suit. Kodak is not required to answer the

remainder of the allegations in paragraph 62 of the Complaint because they purport to set forth legal conclusions.

63.

Kodak denies that it has "engaged in.. . infringing acts" in this district or any other

judicial district. Kodak is not required to respond to allegations in paragraph 63 of the Complaint
relating to contributory or induced infringement because it has filed concurrently herewith a

Motion to Dismiss Parallel's claims of contributory and induced infringement. Kodak is not

-7

-

required to answer the remainder of the allegations in paragraph 63 of the Complaint because they purport to set forth legal conclusions.

COUNT I: INFRINGEMENT OF UNITED STATES PATENT NO. 6.446.111

64.

Kodak admits that U.S. Patent No. 6,446,1 1 1 ("the '1 1 1 patent") is titled on its

face "Method and Apparatus for Client-Server Communication Using a Limited Capability

Client Over a Low-Speed Communications Link" and that the patent has on its face an issue date

of September 3,2002. Kodak denies that the '11 I was duly and legally issued by the United
States Patent and Trademark Office.

65.

Kodak denies that Parallel Networks, LLC is listed on the face of the '1 1 1 patent

as the assignee of the

patent. Kodak is not required to answer the remainder of the allegations of

paragraph 65 insofar as they call for a legal conclusions.

66.

Kodak is not required to answer the allegations in paragraph 66 insofar as they

call for a legal conclusion. To the extent a response is required, the claims of the '111 Patent
speak for themselves.
67

.

Kodak is not required to answer the allegations in paragraph 67 of the Complaint

because they are directed to defendants other than Kodak.

68. 69. 70. 71.

Kodak is not required to answer the allegations in paragraph 68 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 69 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 70 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 71 of the Complaint

because they are directed to defendants other than Kodak.

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72. 73. 74. 75. 76. 77. 78. 79. 80. 81. 82.

Kodak is not required to answer the allegations in paragraph 72 of fhe Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 73 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 74 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 75 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 76 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 77 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 78 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 79 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 80 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 81 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 82 of the Complaint

because they are directed to defendants other than Kodak.

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83. 84. 85. 86. 87. 88. 89. 90. 91,. 92. 93.

Kodak is not required to answer the allegations in paragraph 83 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 84 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 85 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 86 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 87 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 88 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 89 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 90 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 91 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 92 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 93 of the Complaint

because thev are directed to defendants other than Kodak.

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94. 95. 96. 97. 98. 99.

Kodak is not required to answer the allegations in paragraph 94 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 95 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 96 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 97 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 98 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 99 of the Complaint

because they are directed to defendants other than Kodak.

100. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 100 of the Complaint

101. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 101 of the Complaint

102. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak

in paragraph 102 of the Complaint

103.

Kodak is not required to answer the allegations in paragraph 103 of the Complaint

because they are directed to defendants other than Kodak.

104.

Kodak is not required to answer the allegations in paragraph 104 of the Complaint

because they are directed to defendants other than Kodak.

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105.

Kodak is not required to answer the allegations in paragraph 105 of the Complaint

because they are directed to defendants other than Kodak.

106.

Kodak is not required to answer the allegations in paragraph 106 of the Complaint

because they are directed to defendants other than Kodak.

L07. Kodak is not required to answer the allegations in paragraph 107 of the Complaint
because they are directed to defendants other than Kodak.

108.

Kodak is not required to answer the allegations in paragraph 108 of the Complaint

because they are directed to defendants other than Kodak.

109.

Kodak is not required to answer the allegations in paragraph 109 of the Complaint

because they are directed to defendants other than Kodak.

I10. 1.

Kodak is not required to answer the allegations in paragraph 110 of the Complaint

because they are directed to defendants other than Kodak. II

Kodak is not required to answer the allegations in paragraph

11

1

of the Complaint

because they are directed to defendants other than Kodak.

ll2.

Kodak is not required to answer the allegations in paragraph

ll2

of the Complaint

because they are directed to defendants other than Kodak.

113. Kodak is not required to answer the allegations in paragraph 113 of the Complaint
because they are directed to defendants other than Kodak.

ll4.

Kodak is not required to answer the allegations in paragraph 114 of the Complaint

because they are directed to defendants other than Kodak.

115. Kodak is not required to answer the allegations in paragraph 115 of the Complaint
because they are directed to defendants other than Kodak.

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116. Kodak is not required to answer the allegations in paragraph 116 of the Complaint
because they are directed to defendants other than Kodak.

lI7.
118.

Kodak is not required to answer the allegations in paragraph 117 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 118 of the Complaint

because they are directed to defendants other than Kodak.

119. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph I l9 of the Complaint

120. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 120 of the Complaint

l2l. I22.
123.

Kodak is not required to answer the allegations in paragraph 121 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph I22 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 123 of the Complaint

because they are directed to defendants other than Kodak.

124.

Kodak is not required to answer the allegations in paragraph 124 of the Complaint

because they are directed to defendants other than Kodak.

125. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 125 of the Complaint

126. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 126 of the Complaint

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127.

Kodak is not required to answer the allegations in paragraph 127 of the Complaint

because they are directed to defendants other than Kodak.

I28.
129.

Kodak is not required to answer the allegations in paragraph 128 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 129 of the Complaint

because they are directed to defendants other than Kodak.

130.

Kodak is not required to answer the allegations in paragraph 130 of the Complaint

because they are directed to defendants other than Kodak.

131.

Kodak is not required to answer the allegations in paragraph 131 of the Complaint

because they are directed to defendants other than Kodak.

I32.
133.

Kodak is not required to answer the allegations in paragraph 132 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in pangraph 133 of the Complaint

because they are directed to defendants other than Kodak.

I34. I35.
136.

Kodak is not required to answer the allegations in paragraph 134 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in pangraph 135 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 136 of the Complaint

because they are directed to defendants other than Kodak.

137.

Kodak is not required to answer the allegations in paragraph 137 of the Complaint

because thev are directed to defendants other than Kodak.

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138.

Kodak is not required to answer the allegations in paragraph 138 of the Complaint

because they are directed to defendants other than Kodak.

139.

Kodak is not required to answer the allegations in paragraph 139 of the Complaint

because they are directed to defendants other than Kodak.

140. Kodak is not required to answer the allegations in paragraph
because they are directed to defendants other than Kodak.

140 of the Complaint

I4l.
142.

Kodak is not required to answer the allegations in paragraph 14l of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 142 of the Complaint

because they are directed to defendants other than Kodak.

143.

Kodak is not required to answer the allegations in paragraph 143 of the Complaint

because they are directed to defendants other than Kodak.

144.

Kodak is not required to answer the allegations in paragraph I44 of the Complaint

because they are directed to defendants other than Kodak.

145.

Kodak is not required to answer the allegations in paragraph 145 of the Complaint

because they are directed to defendants other than Kodak.

146.

Kodak is not required to answer the allegations in paragraph 146 of the Complaint

because they are directed to defendants other than Kodak.

147.

Kodak denies that Eastman Kodak Company has infringed or is currently

infringing any claim of the '1 I I patent in this judicial district or anywhere in the United States.
Insofar as the allegations in paragraph 147 of the Complaint relate to contributory or induced infringement, Kodak is not required to respond because it has filed concurrently herewith a

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Motion to Dismiss Parallel's claims of contributory and induced infringement. Kodak denies the
remaining allegations in paragraphl4T of the Complaint.

148.

Kodak is not required to respond to the allegations in paragraph 148 of the

Complaint because it has filed concurrently herewith a Motion to Dismiss Parallel's claims of contributory and induced infringement.

I49.

Kodak is not required to respond to the allegations in paragraph I49 of the

Complaint because it has filed concurrently herewith a Motion to Dismiss Parallel's claims contributory and induced infringement.

of

150.

Insofar as the allegations in paragraph 150 of the Complaint relate to contributory

or induced infringement, Kodak is not required to respond because it has filed concurrently

herewith a Motion to Dismiss Parallel's claims of contributory and induced infringement. Kodak
denies each of the remaining allegations in paragraph 150 of the Complaint.

151.

Kodak is not required to answer the allegations in paragraph 151 of the Complaint

because they are directed to defendants other than Kodak.

152.

Kodak is not required to answer the allegations in parugraph 152 of the Complaint

because they are directed to defendants other than Kodak.

153.

Kodak is not required to answer the allegations in paragraph 153 of the Complaint

because they are directed to defendants other than Kodak.

154.

Kodak is not required to answer the allegations in paragraph 154 of the Complaint

because they are directed to defendants other than Kodak.

155.

Kodak is not required to answer the allegations in paragraph 155 of the Complaint

because they are directed to defendants other than Kodak.

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156.

Kodak is not required to answer the allegations in paragraph 156 of the Complaint

because they are directed to defendants other than Kodak.

157.

Kodak is not required to answer the allegations in paragraph 157 of the Complaint

because they are directed to defendants other than Kodak.

158. Kodak is not required to answer the allegations in paragraph 158 of the Complaint
because they are directed to defendants other than Kodak.

159. Kodak is not required to answer the allegations in paragraph 159 of the Complaint
because they are directed to defendants other than Kodak.

160.

Kodak is not required to answer the allegations in paragraph 160 of the Complaint

because they are directed to defendants other than Kodak.

161. Kodak is not required to answer the allegations in paragraph 161 of the Complaint
because they are directed to defendants other than Kodak.

162. Kodak is not required to answer the allegations in paragraph 162 of the Complaint
because they are directed to defendants other than Kodak.
163

.

Kodak is not required to answer the allegations in paragraph I 63 of the Complaint

because they are directed to defendants other than Kodak.

164. Kodak is not required to answer the allegations in paragraph 164 of the Complaint
because they are directed to defendants other than Kodak.

165. Kodak is not required to answer the allegations in paragraph 165 of the Complaint
because they are directed to defendants other than Kodak.

166.

Kodak is not required to answer the allegations in paragraph 166 of the Complaint

because they are directed to defendants other than Kodak.

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167.

Kodak is not required to answer the allegations in paragraph 167 of the Complaint

because they are directed to defendants other than Kodak.

168.

Kodak is not required to answer the allegations in paragraph 168 of the Complaint

because they are directed to defendants other than Kodak.

169.

Kodak is not required to answer the allegations in paragraph 169 of the Complaint

because they are directed to defendants other than Kodak.

170.

Kodak is not required to answer the allegations in paragraph 170 of the Complaint

because they are directed to defendants other than Kodak.

I7l.
172.

Kodak is not required to answer the allegations in paragraph 171 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 172 of the Complaint

because they are directed to defendants other than Kodak.

173.

Kodak is not required to answer the allegations in paragraph 173 of the Complaint

because they are directed to defendants other than Kodak.

t74.
175.

Kodak is not required to answer the allegations in paragraph T74 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 175 of the Complaint

because they are directed to defendants other than Kodak.

176.

Kodak is not required to answer the allegations in paragraph 176 of the Complaint

because they are directed to defendants other than Kodak.

I77.

Kodak is not required to answer the allegations in paragraph 177 of the Complaint

because they are directed to defendants other than Kodak.

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178.

Kodak is not required to answer the allegations in paragraph 178 of the Complaint

because they are directed to defendants other than Kodak.

I79.

Kodak is not required to answer the allegations in paragraph 179 of the Complaint

because they are directed to defendants other than Kodak.

180. Kodak is not required to answer the allegations in paragraph 180 of the Complaint
because they are directed to defendants other than Kodak.

181. Kodak is not required to answer the allegations in paragraph 181 of the Complaint
because they are directed to defendants other than Kodak.

182. Kodak is not required to answer the allegations in paragraph 182 of the Complaint
because they are directed to defendants other than Kodak.

183.

Kodak is not required to answer the allegations in paragraph 183 of the Complaint

because they are directed to defendants other than Kodak.

184.

Kodak is not required to answer the allegations in paragraph 184 of the Complaint

because they are directed to defendants other than Kodak.

185. Kodak is not required to answer the allegations in paragraph 185 of the Complaint
because they are directed to defendants other than Kodak.

186. Kodak is not required to answer the allegations in paragraph 186 of the Complaint
because they are directed to defendants other than Kodak.

187.

Kodak is not required to answer the allegations in paragraph 187 of the Complaint

because fhey are directed to defendants other than Kodak.

188. Kodak is not required to answer the allegations in paragraph I 88 of the Complaint
because they are directed to defendants other than Kodak.

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189. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 189 of the Complaint

190. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 190 of the Complaint

l9l. I92.

Kodak is not required to answer the allegations in paragraph 191 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph I92 of the Complaint

because they are directed to defendants other than Kodak.

193. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 193 of the Complaint

I94.

Kodak is not required to answer the allegations in paragraph 194 of the Complaint

because they are directed to defendants other than Kodak.

195. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 195 of the Complaint

196. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 196 of the Complaint

197. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 197 of the Complaint

198. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 198 of the Complaint

199. Kodak is not required to answer the allegations
because they are directed to defendants other than Kodak.

in paragraph 199 of the Complaint

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200.

Kodak is not required to answer the allegations in paragraph 200 of the Complaint

because they are directed to defendants other than Kodak.

201.

Kodak is not required to answer the allegations in paragraph 201 of the Complaint

because they are directed to defendants other than Kodak.

202.

Kodak is not required to answer the allegations in paragraph 202 of the Complaint

because they are directed to defendants other than Kodak.

203.

Kodak is not required to answer the allegations in paragraph 203 of the Complaint

because they are directed to defendants other than Kodak.

204.

Kodak is not required to answer the allegations in paragraph 204 of the Complaint

because they are directed to defendants other than Kodak.

205.

Kodak is not required to answer the allegations in parugraph 205 of the Complaint

because they are directed to defendants other than Kodak.

206.

Kodak is not required to answer the allegations in paragraph 206 of the Complaint

because they are directed to defendants other than Kodak.

207.

Kodak denies that Kodak Imaging Network, Inc. has infringed or is currently
'
11

infringing any claim of the

I patent in this judicial district or anywhere in the United

States.

Insofar as the allegations in paragraph2ÙT of the Complaint relate to contributory or induced infringement, Kodak is not required to respond because it has filed concurrently herewith a

Motion to Dismiss Parallel's claims of contributory and induced infringement. Kodak denies the
remaining allegations in paragraph20T of the Complaint.

208.

Kodak is not required to respond to the allegations inparagraph 208 of the

Çomplaint because it has filed concurrently herewith a Motion to Dismiss Parallel's claims contributory and induced infringement.

of

-21 -

209.

Kodak is not required to respond to the allegations in paragraph209 of the

Complaint because it has filed concurrently herewith a Motion to Dismiss Parallel's claims contributory and induced infringement.

of

210.

Insofar as the allegations in paragraphzl} of the Complaint relate to contributory

or induced infringement, Kodak is not required to respond because it has filed concurrently

herewith a Motion to Dismiss Parallel's claims of contributory and induced infringement. Kodak
denies each of the remaining allegations in paragraph2l} of the Complaint.

2Il.
212.

Kodak is not required to answer the allegations in paragraph 211 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 212 of the Complaint

because they are directed to defendants other than Kodak.

213.

Kodak is not required to answer the allegations in paragraph 213 of the Complaint

because they are directed to defendants other than Kodak.

214.

Kodak is not required to answer the allegations in paragraph2l| of the Complaint

because they are directed to defendants other than Kodak.

2I5.
216.

Kodak is not required to answer the allegations in paragraph 215 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 216 of the Complaint

because they are directed to defendants other than Kodak.

217.

Kodak is not required to answer the allegations in paragraph2l7 of the Complaint

because they are directed to defendants other than Kodak.

218.

Kodak is not required to answer the allegations in paragraph 218 of the Complaint

because thev are directed to defendants other than Kodak.

- LZ.-

aa

219.

Kodak is not required to answer the allegations in paragraph 219 of the Complaint

because they are directed to defendants other than Kodak.

220.

Kodak is not required to answer the allegations in paragraph 220 of the Complaint

because they are directed to defendants other than Kodak.

221.

Kodak is not required to answer the allegations in parugraphZ2l of the Complaint

because they are directed to defendants other than Kodak.

222.

Kodak is not required to answer the allegations in paragraph 222 of the Complaint

because they are directed to defendants other than Kodak.

223.

Kodak is not required to answer the allegations in paragraph 223 of the Complaint

because they are directed to defendants other than Kodak.

224.

Kodak is not required to answer the allegations in paragraph 224 of the Complaint

because they are directed to defendants other than Kodak.

225.

Kodak is not required to answer the allegations in paragraph 225 of the Complaint

because they are directed to defendants other than Kodak.

226.

Kodak is not required to answer the allegations in paragraph226 of the Complaint

because they are directed to defendants other than Kodak.

227.

Kodak is not required to answer the allegations in paragraph 227 of the Complaint

because they are directed to defendants other than Kodak.

228.

Kodak is not required to answer the allegations in paragraph22S of the Complaint

because they are directed to defendants other than Kodak.

229.

Kodak is not required to answer the allegations in paragraph 229 of the Complaint

because they are directed to defendants other than Kodak.

-23 -

"

230.

Kodak is not required to answer the allegations in paragraph 230 of the Complaint

because they are directed to defendants other than Kodak.

23I.
232.

Kodak is not required to answer the allegations in paragraph 231 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 232 of the Complaint

because they are directed to defendants other than Kodak.

233.

Kodak is not required to answer the allegations in paragraph233 of the Complaint

because they are directed to defendants other than Kodak.

234.

Kodak is not required to answer the allegations in paragraph 234 of the Complaint

because they are directed to defendants other than Kodak.

235.

Kodak is not required to answer the allegations in parugraph235 of the Complaint

because they are directed to defendants other than Kodak.

236.

Kodak is not required to answer the allegations in paragraph 236 of the Complaint

because they are directed to defendants other than Kodak.

237.

Kodak is not required to answer the allegations in paragraph 237 of the Complaint

because they are directed to defendants other than Kodak.

238.

Kodak is not required to answer the allegations in paragraph 238 of the Complaint

because they are directed to defendants other than Kodak.

239.

Kodak is not required to answer the allegations in parugraph239 of the Complaint

because they are directed to defendants other than Kodak.

240.

Kodak is not required to answer the allegations in paragraph 240 of the Complaint

because they are directed to defendants other than Kodak.

-24 -

24I.
242.

Kodak is not required to answer the allegations in paragraph 24I of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 242 of the Complaint

because they are directed to defendants other than Kodak.

243.

Kodak is not required to answer the allegations in paragraph243 of the Complaint

because they are directed to defendants other than Kodak.

244.

Kodak is not required to answer the allegations in paragraph 244 of the Complaint

because they are directed to defendants other than Kodak.

245.

Kodak is not required to answer the allegations in paragraph 245 of the Complaint

because they are directed to defendants other than Kodak.

246.

Kodak is not required to answer the allegations in paragraph 246 of the Complaint

because they are directed to defendants other than Kodak.

247.

Kodak is not required to answer the allegations in paragraph 247 of the Complaint

because they are directed to defendants other than Kodak.

248.

Kodak is not required to answer the allegations in paragraph 248 of the Complaint

because they are directed to defendants other than Kodak.

249.

Kodak is not required to answer the allegations in paragraph2{g of the Complaint

because they are directed to defendants other than Kodak.

250.

Kodak is not required to answer the allegations in paragraph 250 of the Complaint

because they are directed to defendants other than Kodak.

25L

Kodak is not required to answer the allegations in paragraph 251 of the Complaint

because they are directed to defendants other than Kodak.

-25 -

252.

Kodak is not required to answer the allegations in paragraph 252 of the Complaint

because they are directed to defendants other than Kodak.

253.

Kodak is not required to answer the allegations in paragraph 253 of the Complaint

because they are directed to defendants other than Kodak.

254.

Kodak is not required to answer the allegations in paragraph 254 of the Complaint

because they are directed to defendants other than Kodak.

255.

Kodak is not required to answer the allegations in paragraph 255 of the Complaint

because they are directed to defendants other than Kodak.

256.

Kodak is not required to answer the allegations in parcgraph256 of the Complaint

because they are directed to defendants other than Kodak.

257.

Kodak is not required to answer the allegations in paragraph 257 of the Complaint

because they are directed to defendants other than Kodak.

258.

Kodak is not required to answer the allegations in paragraph 258 of the Complaint

because they are directed to defendants other than Kodak.

259.

Kodak is not required to answer the allegations in parcgraph259 of the Complaint

because they are directed to defendants other than Kodak.

260.

Kodak is not required to answer the allegations in pangraph 260 of the Complaint

because they are directed to defendants other than Kodak.

26I.
262.

Kodak is not required to answer the allegations in paragraph 26I of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 262 of the Complaint

because they are directed to defendants other than Kodak.

-26 -

263.

Kodak is not required to answer the allegations in paragraph 263 of the Complaint

because they are directed to defendants other than Kodak.

264.

Kodak is not required to answer the allegations in paragraph 264 of the Complaint

because they are directed to defendants other than Kodak.

265.

Kodak is not required to answer the allegations in paragraph 265 of the Complaint

because they are directed to defendants other than Kodak.

266.

Kodak is not required to answer the allegations in paragraph 266 of the Complaint

because they are directed to defendants other than Kodak.

267.

Kodak is not required to answer the allegations in paragraph 267 of the Complaint

because they are directed to defendants other than Kodak.

268.

Kodak is not required to answer the allegations in paragraph 268 of the Complaint

because they are directed to defendants other than Kodak.

269.

Kodak is not required to answer the allegations in paragraph269 of the Complaint

because they are directed to defendants other than Kodak.

270.

Kodak is not required to answer the allegations in paragraph2T0 of the Complaint

because they are directed to defendants other than Kodak.

271.

Kodak is not required to answer the allegations in paragraph 271 of the Complaint

because they are directed to defendants other than Kodak.

272.

Kodak is not required to answer the allegations in paragraph2T2 of the Complaint

because they are directed to defendants other than Kodak.

273.

Kodak is not required to answer the allegations in paragraph 273 of the Complaint

because thev are directed to defendants other than Kodak.

-27 -

274.

Kodak is not required to answer the allegations in paragraph 274 of the Complaint

because they are directed to defendants other than Kodak.

275. 276.

Kodak is not required to answer the allegations in paragraph 275 of the Complaint

because they are directed to defendants other than Kodak.

Kodak is not required to answer the allegations in paragraph 276 of the Complaint

because they are directed to defendants other than Kodak.

277.

Kodak is not required to answer the allegations in paragraph 277 of the Complaint

because they are directed to defendants other than Kodak.

278.

Kodak is not required to answer the allegations in paragraph 278 of the Complaint

because they are directed to defendants other than Kodak.

279.

Kodak is not required to answer the allegations in paragraph 279 of the Complaint

because they are directed to defendants other than Kodak.

280.

Kodak is not required to answer the allegations in parcgraph 280 of the Complaint

because they are directed to defendants other than Kodak.

281.

Kodak is not required to answer the allegations in paragraph 281 of the Complaint

because they are directed to defendants other than Kodak.

282.

Kodak is not required to answer the allegations in paragraph2S2 of the Complaint

because they are directed to defendants other than Kodak.

283.

Kodak is not required to answer the allegations in paragraph 283 of the Complaint

because they are directed to defendants other than Kodak.

284.

Kodak is not required to answer the allegations in pangraph2S4 of the Complaint

because they are directed to defendants other than Kodak.

-28 -

285.

Kodak is not required to answer the allegations in paragraph 285 of the Complaint

because they are directed to defendants other than Kodak.

286.

Kodak is not required to answer the allegations in paragraph 286 of the Complaint

because they are directed to defendants other than Kodak.

287.

Kodak is not required to answer the allegations in paragraph 287 of the Complaint

because they are directed to defendants other than Kodak.

288.

Kodak is not required to answer the allegations in paragraph 288 of the Complaint

because they are directed to defendants other than Kodak.

289.

Kodak is not required to answer the allegations in paragraph 289 of the Complaint

because they are directed to defendants other than Kodak.

290.

Kodak is not required to answer the allegations in paragraph 290 of the Complaint

because they are directed to defendants other than Kodak.

291.

Kodak is not required to answer the allegations in paragraph29l of the Complaint

because they are directed to defendants other than Kodak.

292.

Kodak is not required to answer the allegations in paragraph292 of the Complaint

because they are directed to defendants other than Kodak.

293.

Kodak is not required to answer the allegations in paragraph 293 of the Complaint

because they are directed to defendants other than Kodak.

294.

Kodak is not required to answer the allegations in paragraph294 of the Complaint

because they are directed to defendants other than Kodak.

295.

Kodak is not required to answer the allegations in paragraph 295 of the Complaint

because they are directed to defendants other than Kodak.

-29 -

296.

Kodak is not required to answer the allegations in paragraph 296 of rhe Complaint

because they are directed to defendants other than Kodak.

297.

Kodak is not required to answer the allegations in paragraph 297 of the Complaint

because they are directed to defendants other than Kodak.

298.

Kodak is not required to answer the allegations in paragraph 298 of the Complaint

because they are directed to defendants other than Kodak.

299.

Kodak is not required to answer the allegations in paragraph 299 of the Complaint

because they are directed to defendants other than Kodak.

300.

Kodak is not required to answer the allegations in paragraph 300 of the Complaint

because they are directed to defendants other than Kodak.

301.

Kodak is not required to answer the allegations in paragraph 301 of the Complaint

because they are directed to defendants other than Kodak.

302.

Kodak is not required to answer the allegations in paragraph 302 of the Complaint

because they are directed to defendants other than Kodak.

303.

Kodak denies that it has engaged in any "infringing conduct" or that Parallel

Networks is entitled to any damages. Insofar as the allegations in paragraph 303 of the Complaint relate to contributory or induced infringement, Kodak is not required to respond
because

it has filed concurrently herewith

a

Motion to Dismiss Parallel's claims of contributory

and induced infringement. Kodak is not required to answer the allegations in paragraph 303

of

the Complaint insofar as they are directed to other defendants.

304.

Kodak denies each of the allegations in paragraph304 of the Complaint insofar as

they pertain to Kodak. Kodak is not required to answer the allegations in paragraph 304 of the

-30-

Complaint insofar as they purport to set forth legal conclusions or are directed to other
defendants.

C9T]NT II: WILLFUL INF.RINGEMENT

305.

Kodak is not required to respond to Parallel's allegation in paragraph 305 of the

Complaint that Eastman Kodak Company and Kodak Imaging Network, Inc. have willfully infringed the

'l I I patent because

it has filed concurrently herewith

a

Motion to Dismiss

Parallel's claim of willful infringement. Kodak is not required to answer the remaining
allegations in paragraph 305 of the Complaint insofar as they purport to set forth legal conclusions or are directed to other defendants.

DEFENSES

FIRST AFFIRMATIVE DEFENSE
Kodak has not infringed and does not infringe any valid claim of the '111 patent, either

literally or under the doctrine of equivalents
SECOND AF'FIRMATIVE DEFENSE
One or more claims of the '1
1

I patent is invalid andlor unenforceable for failing to meet

one or more of the requisite statutory and decisional requirements and/or conditions for

patentability under Title 35 of the United States Code, including without limitation, $$ 101, 102,
103, 112,and/or 116.

THIRD AFFIRMATIVE DEFENSE
Parallel's claim for injunctive relief is barred because Parallel does not practice the '1 1 1
patent.

FOURTH AFF'IRMATIVE DEFENSE
The '1 11 patent is unenforceable against Kodak because of estoppel, laches, waiver, or
other applicable equitable doctrines.

-31 -

FIFTH AFFIRMATIVE DEFENSE
The relief sought by Parallel is limited by 35 U.S.C. $ 286, which prohibits recovery for any alleged infringement committed more than six years before the filing of the Complaint.

SIXTH AFFIRMATIVE DEFENSE
Kodak reserves all affrrmative defenses under Rule 8(c) of the Federal Rules of Civil
Procedure, the patent laws of the United States, and any other defenses at law or in equity that

may now exist or in the future be available based on discovery and further factual investigation

in this case.

SEVENTH AFFIRMATIVE DEF'ENSE
Kodak reseryes the right to assert additional affirmative defenses after the Court resolves
its Motion to Dismiss, including, for example, counterclaims of no contributory infringement, no induced infringement, and no willful infringement, if the Court does not grant Kodak's Motion to Dismiss.

DEMAND FOR JURY TRIAL
Kodak requests
a

jury trial, pursuant to Federal Rule of Civil Procedure 38(b), of any
a

issues that may be tried to

jury.
EASTMAN KODAK COMPANY and KODAK IMAGING NETWORK, INC.,
By their attorneys,
/s/ David J. Beck

Dated: November

22.2010

David J. Beck State Bar No. 00000070

B¡cr

ReooBN & Srcnesr 1227 McKinney St, Suite 4500 One Houston Center Houston, TX77010-2010 Telephone: [phone] Fax: [phone]

Email: [e-mail]

-32 -

Of Counsel:

Michael E. Richardson State Bar No. 24002838 BecrReuppN & Secn¡sr l22l McKinney St, Suite 4500 One Houston Center Houston, TX77010-2010 Telephone: [phone] Fax: [phone] Email : mrichardson@brsfirm. com Michael J. SummersgíIl (pro hac vice application pending) Vy'nvmR, CuneR Prcr¡nr¡{c Her.B & Donn 60 State Street Boston, MA 02109 Telephone: [phone] Fax: [phone] Email: [e-mail]

CERTIFICATE OF SERVICE
I, Michael E. Richardson, hereby certify that the foregoing document was filed electronically in compliance with Local Rule CV-5(a) and served on all counsel who have consented to electronic service pursuant to Local Rule CV-5(a)(3)(A) through the Court's CMÆCF system. Any other counsel of record will be served by first class mail on this date.
Dated: November 22. 2010

/s/ Michael E. \ichqfdson Michael E. Richardson

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