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

Filing 296

ANSWER to #1 Complaint,,,,,,,, COUNTERCLAIM against Parallel Networks, LLC by Nissan North America, Inc..(Patterson, Jeffrey)

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

Doc. 296

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION Parallel Networks, LLC, Plaintiff, v. Adidas America, Inc.; Adidas Interactive, Inc.; Aeropostale, Inc.; American Girl, LLC; American Suzuki Motor Corporation; Andersen Corporation; Andersen Windows, Inc.; Asics America Corporation; AT&T Inc.; BBY Solutions, Inc.; Bergdorfgoodman.com, LLC; Bestbuy.com, LLC; Bloomingdale's, Inc.; Briggs & Stratton Corporation; Briggs & Stratton Power Products Group, LLC; Brunswick Billiards, Inc.; Brunswick Corporation; Chico's Retail Services, Inc.; Citizen Watch Company of America, Inc.; Dillard's, Inc.; Eastman Kodak Company; General Motors 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.; § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § § §

Civil Action No. 6:10-cv-491 LED PATENT CASE JURY TRIAL DEMANDED

Dockets.Justia.com

LG 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.; Motorola Trademark Holdings, LLC; Nautica Apparel, Inc.; Nautica Retail USA, Inc.; Navistar, Inc.; New Balance Athletic Shoe, Inc.; Nissan North America, Inc.; PRL USA Holdings, Inc.; The Procter & Gamble Company; Ralph Lauren Media LLC; Russell Brands, LLC; Subaru of America, Inc.; Sunglass Hut Trading, LLC; Victoria's Secret; Wolverine World Wide, Inc.; and Women's Apparel Group, LLC d/b/a Boston Apparel Group, LLC Defendants.

§ § § § § § § § § § § § § § § § § § § § § § § § §

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT Nissan North America, Inc. (hereinafter referred to as "Nissan"), Defendant and Counterclaimant, files this its answer to Plaintiff's Original Complaint and Counterclaim against Plaintiff and Counterdefendant, Parallel Networks, LLC. Nissan denies the allegations and characterizations in Parallel Networks' Complaint unless expressly admitted in the following paragraphs. PARTIES 1. Paragraph 1 does not require a response from Nissan. To the extent Paragraph 1

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 1 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

PAGE 2

2.

Paragraph 2 does not require a response from Nissan. To the extent Paragraph 2

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 2 and therefore denies the same. 3. Paragraph 3 does not require a response from Nissan. To the extent Paragraph 3

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 3 and therefore denies the same. 4. Paragraph 4 does not require a response from Nissan. To the extent Paragraph 4

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 4 and therefore denies the same. 5. Paragraph 5 does not require a response from Nissan. To the extent Paragraph 5

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 5 and therefore denies the same. 6. Paragraph 6 does not require a response from Nissan. To the extent Paragraph 6

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 6 and therefore denies the same. 7. Paragraph 7 does not require a response from Nissan. To the extent Paragraph 7

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 7 and therefore denies the same. 8. Paragraph 8 does not require a response from Nissan. To the extent Paragraph 8

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 8 and therefore denies the same. 9. Paragraph 9 does not require a response from Nissan. To the extent Paragraph 9

is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 9 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 3

10.

Paragraph 10 does not require a response from Nissan. To the extent Paragraph

10 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 10 and therefore denies the same. 11. Paragraph 11 does not require a response from Nissan. To the extent Paragraph

11 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 11 and therefore denies the same. 12. Paragraph 12 does not require a response from Nissan. To the extent Paragraph

12 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 12 and therefore denies the same. 13. Paragraph 13 does not require a response from Nissan. To the extent Paragraph

13 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 13 and therefore denies the same. 14. Paragraph 14 does not require a response from Nissan. To the extent Paragraph

14 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 14 and therefore denies the same. 15. Paragraph 15 does not require a response from Nissan. To the extent Paragraph

15 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 15 and therefore denies the same. 16. Paragraph 16 does not require a response from Nissan. To the extent Paragraph

16 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 16 and therefore denies the same. 17. Paragraph 17 does not require a response from Nissan. To the extent Paragraph

17 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 17 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 4

18.

Paragraph 18 does not require a response from Nissan. To the extent Paragraph

18 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 18 and therefore denies the same. 19. Paragraph 19 does not require a response from Nissan. To the extent Paragraph

19 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 19 and therefore denies the same. 20. Paragraph 20 does not require a response from Nissan. To the extent Paragraph

20 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 20 and therefore denies the same. 21. Paragraph 21 does not require a response from Nissan. To the extent Paragraph

21 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 21 and therefore denies the same. 22. Paragraph 22 does not require a response from Nissan. To the extent Paragraph

22 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 22 and therefore denies the same. 23. Paragraph 23 does not require a response from Nissan. To the extent Paragraph

23 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 23 and therefore denies the same. 24. Paragraph 24 does not require a response from Nissan. To the extent Paragraph

24 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 24 and therefore denies the same. 25. Paragraph 25 does not require a response from Nissan. To the extent Paragraph

25 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 25 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 5

26.

Paragraph 26 does not require a response from Nissan. To the extent Paragraph

26 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 26 and therefore denies the same. 27. Paragraph 27 does not require a response from Nissan. To the extent Paragraph

27 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 27 and therefore denies the same. 28. Paragraph 28 does not require a response from Nissan. To the extent Paragraph

28 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 28 and therefore denies the same. 29. Paragraph 29 does not require a response from Nissan. To the extent Paragraph

29 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 29 and therefore denies the same. 30. Paragraph 30 does not require a response from Nissan. To the extent Paragraph

30 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 30 and therefore denies the same. 31. Paragraph 31 does not require a response from Nissan. To the extent Paragraph

31 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 31 and therefore denies the same. 32. Paragraph 32 does not require a response from Nissan. To the extent Paragraph

32 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 32 and therefore denies the same. 33. Paragraph 33 does not require a response from Nissan. To the extent Paragraph

33 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 33 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 6

34.

Paragraph 34 does not require a response from Nissan. To the extent Paragraph

34 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 34 and therefore denies the same. 35. Paragraph 35 does not require a response from Nissan. To the extent Paragraph

35 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 35 and therefore denies the same. 36. Paragraph 36 does not require a response from Nissan. To the extent Paragraph

36 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 36 and therefore denies the same. 37. Paragraph 37 does not require a response from Nissan. To the extent Paragraph

37 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 37 and therefore denies the same. 38. Paragraph 38 does not require a response from Nissan. To the extent Paragraph

38 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 38 and therefore denies the same. 39. Paragraph 39 does not require a response from Nissan. To the extent Paragraph

39 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 39 and therefore denies the same. 40. Paragraph 40 does not require a response from Nissan. To the extent Paragraph

40 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 40 and therefore denies the same. 41. Paragraph 41 does not require a response from Nissan. To the extent Paragraph

41 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 41 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 7

42.

Paragraph 42 does not require a response from Nissan. To the extent Paragraph

42 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 42 and therefore denies the same. 43. Paragraph 43 does not require a response from Nissan. To the extent Paragraph

43 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 43 and therefore denies the same. 44. Paragraph 44 does not require a response from Nissan. To the extent Paragraph

44 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 44 and therefore denies the same. 45. Paragraph 45 does not require a response from Nissan. To the extent Paragraph

45 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 45 and therefore denies the same. 46. Paragraph 46 does not require a response from Nissan. To the extent Paragraph

46 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 46 and therefore denies the same. 47. Paragraph 47 does not require a response from Nissan. To the extent Paragraph

47 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 47 and therefore denies the same. 48. Paragraph 48 does not require a response from Nissan. To the extent Paragraph

48 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 48 and therefore denies the same. 49. Paragraph 49 does not require a response from Nissan. To the extent Paragraph

49 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 49 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 8

50.

Paragraph 50 does not require a response from Nissan. To the extent Paragraph

50 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 50 and therefore denies the same. 51. Paragraph 51 does not require a response from Nissan. To the extent Paragraph

51 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 51 and therefore denies the same. 52. 53. Nissan admits the allegations in Paragraph 52. Paragraph 53 does not require a response from Nissan. To the extent Paragraph

53 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 53 and therefore denies the same. 54. Paragraph 54 does not require a response from Nissan. To the extent Paragraph

54 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 54 and therefore denies the same. 55. Paragraph 55 does not require a response from Nissan. To the extent Paragraph

55 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 55 and therefore denies the same. 56. Paragraph 56 does not require a response from Nissan. To the extent Paragraph

56 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 56 and therefore denies the same. 57. Paragraph 57 does not require a response from Nissan. To the extent Paragraph

57 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 57 and therefore denies the same.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

PAGE 9

58.

Paragraph 58 does not require a response from Nissan. To the extent Paragraph

58 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 58 and therefore denies the same. 59. Paragraph 59 does not require a response from Nissan. To the extent Paragraph

59 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 59 and therefore denies the same. 60. Paragraph 60 does not require a response from Nissan. To the extent Paragraph

60 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 60 and therefore denies the same. 61. Paragraph 61 does not require a response from Nissan. To the extent Paragraph

61 is deemed to require a response, Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph 61 and therefore denies the same. JURISDICTION AND VENUE 62. Paragraph 62 does not require a response from Nissan. To the extent Paragraph

62 is deemed to require a response, Nissan admits only that based upon Plaintiff's Original Complaint, this is an action alleging infringement of a United States patent, but denies that it has committed any acts of infringement. To the extent Paragraph 62 contains other allegations, Nissan denies the same. 63. Nissan admits that, to the extent Plaintiff has alleged a patent infringement cause

of action, venue could be proper in this district under 28 U.S.C. §§ 1391(b), 1391(c), and 1400(b). To the extent Paragraph 63 includes additional allegations, Nissan denies the same.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

PAGE 10

PATENT INFRINGEMENT COUNT 64. Nissan admits that United States Patent No. 6,446,111 ("the `111 patent") is

entitled "Method and Apparatus for Client-Server Communication Using a Limited Capability Client Over a Low-Speed Communications Link" and that it issued on September 3, 2002. To the extent Paragraph 64 contains additional allegations, Nissan denies the same. 65. Nissan lacks knowledge and/or information sufficient to form a belief as to the

truth and accuracy of the allegations in Paragraph 65 and therefore denies the same. 66. 67. Nissan denies the allegations in Paragraph 66. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

67 and therefore denies the same. 68. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

68 and therefore denies the same. 69. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

69 and therefore denies the same. 70. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

70 and therefore denies the same. 71. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

71 and therefore denies the same. 72. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

72 and therefore denies the same. 73. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

73 and therefore denies the same. 74. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

74 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 11

75.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

75 and therefore denies the same. 76. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

76 and therefore denies the same. 77. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

77 and therefore denies the same. 78. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

78 and therefore denies the same. 79. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

79 and therefore denies the same. 80. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

80 and therefore denies the same. 81. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

81 and therefore denies the same. 82. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

82 and therefore denies the same. 83. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

83 and therefore denies the same. 84. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

84 and therefore denies the same. 85. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

85 and therefore denies the same. 86. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

86 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 12

87.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

87 and therefore denies the same. 88. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

88 and therefore denies the same. 89. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

89 and therefore denies the same. 90. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

90 and therefore denies the same. 91. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

91 and therefore denies the same. 92. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

92 and therefore denies the same. 93. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

93 and therefore denies the same. 94. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

94 and therefore denies the same. 95. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

95 and therefore denies the same. 96. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

96 and therefore denies the same. 97. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

97 and therefore denies the same. 98. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

98 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 13

99.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

99 and therefore denies the same. 100. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

100 and therefore denies the same. 101. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

101 and therefore denies the same. 102. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

102 and therefore denies the same. 103. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

103 and therefore denies the same. 104. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

104 and therefore denies the same. 105. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

105 and therefore denies the same. 106. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

106 and therefore denies the same. 107. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

107 and therefore denies the same. 108. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

108 and therefore denies the same. 109. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

109 and therefore denies the same. 110. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

110 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 14

111.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

111 and therefore denies the same. 112. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

112 and therefore denies the same. 113. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

113 and therefore denies the same. 114. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

114 and therefore denies the same. 115. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

115 and therefore denies the same. 116. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

116 and therefore denies the same. 117. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

117 and therefore denies the same. 118. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

118 and therefore denies the same. 119. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

119 and therefore denies the same. 120. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

120 and therefore denies the same. 121. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

121 and therefore denies the same. 122. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

122 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 15

123.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

123 and therefore denies the same. 124. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

124 and therefore denies the same. 125. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

125 and therefore denies the same. 126. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

126 and therefore denies the same. 127. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

127 and therefore denies the same. 128. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

128 and therefore denies the same. 129. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

129 and therefore denies the same. 130. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

130 and therefore denies the same. 131. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

131 and therefore denies the same. 132. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

132 and therefore denies the same. 133. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

133 and therefore denies the same. 134. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

134 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 16

135.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

135 and therefore denies the same. 136. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

136 and therefore denies the same. 137. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

137 and therefore denies the same. 138. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

138 and therefore denies the same. 139. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

139 and therefore denies the same. 140. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

140 and therefore denies the same. 141. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

141 and therefore denies the same. 142. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

142 and therefore denies the same. 143. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

143 and therefore denies the same. 144. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

144 and therefore denies the same. 145. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

145 and therefore denies the same. 146. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

146 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 17

147.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

147 and therefore denies the same. 148. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

148 and therefore denies the same. 149. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

149 and therefore denies the same. 150. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

150 and therefore denies the same. 151. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

151 and therefore denies the same. 152. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

152 and therefore denies the same. 153. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

153 and therefore denies the same. 154. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

154 and therefore denies the same. 155. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

155 and therefore denies the same. 156. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

156 and therefore denies the same. 157. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

157 and therefore denies the same. 158. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

158 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 18

159.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

159 and therefore denies the same. 160. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

160 and therefore denies the same. 161. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

161 and therefore denies the same. 162. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

162 and therefore denies the same. 163. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

163 and therefore denies the same. 164. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

164 and therefore denies the same. 165. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

165 and therefore denies the same. 166. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

166 and therefore denies the same. 167. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

167 and therefore denies the same. 168. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

168 and therefore denies the same. 169. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

169 and therefore denies the same. 170. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

170 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 19

171.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

171 and therefore denies the same. 172. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

172 and therefore denies the same. 173. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

173 and therefore denies the same. 174. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

174 and therefore denies the same. 175. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

175 and therefore denies the same. 176. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

176 and therefore denies the same. 177. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

177 and therefore denies the same. 178. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

178 and therefore denies the same. 179. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

179 and therefore denies the same. 180. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

180 and therefore denies the same. 181. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

181 and therefore denies the same. 182. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

182 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 20

183.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

183 and therefore denies the same. 184. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

184 and therefore denies the same. 185. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

185 and therefore denies the same. 186. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

186 and therefore denies the same. 187. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

187 and therefore denies the same. 188. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

188 and therefore denies the same. 189. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

189 and therefore denies the same. 190. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

190 and therefore denies the same. 191. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

191 and therefore denies the same. 192. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

192 and therefore denies the same. 193. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

193 and therefore denies the same. 194. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

194 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 21

195.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

195 and therefore denies the same. 196. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

196 and therefore denies the same. 197. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

197 and therefore denies the same. 198. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

198 and therefore denies the same. 199. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

199 and therefore denies the same. 200. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

200 and therefore denies the same. 201. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

201 and therefore denies the same. 202. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

202 and therefore denies the same. 203. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

203 and therefore denies the same. 204. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

204 and therefore denies the same. 205. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

205 and therefore denies the same. 206. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

206 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 22

207.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

207 and therefore denies the same. 208. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

208 and therefore denies the same. 209. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

209 and therefore denies the same. 210. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

210 and therefore denies the same. 211. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

211 and therefore denies the same. 212. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

212 and therefore denies the same. 213. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

213 and therefore denies the same. 214. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

214 and therefore denies the same. 215. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

215 and therefore denies the same. 216. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

216 and therefore denies the same. 217. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

217 and therefore denies the same. 218. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

218 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 23

219.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

219 and therefore denies the same. 220. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

220 and therefore denies the same. 221. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

221 and therefore denies the same. 222. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

222 and therefore denies the same. 223. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

223 and therefore denies the same. 224. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

224 and therefore denies the same. 225. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

225 and therefore denies the same. 226. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

226 and therefore denies the same. 227. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

227 and therefore denies the same. 228. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

228 and therefore denies the same. 229. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

229 and therefore denies the same. 230. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

230 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 24

231.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

231 and therefore denies the same. 232. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

232 and therefore denies the same. 233. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

233 and therefore denies the same. 234. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

234 and therefore denies the same. 235. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

235 and therefore denies the same. 236. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

236 and therefore denies the same. 237. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

237 and therefore denies the same. 238. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

238 and therefore denies the same. 239. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

239 and therefore denies the same. 240. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

240 and therefore denies the same. 241. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

241 and therefore denies the same. 242. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

242 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 25

243.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

243 and therefore denies the same. 244. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

244 and therefore denies the same. 245. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

245 and therefore denies the same. 246. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

246 and therefore denies the same. 247. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

247 and therefore denies the same. 248. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

248 and therefore denies the same. 249. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

249 and therefore denies the same. 250. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

250 and therefore denies the same. 251. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

251 and therefore denies the same. 252. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

252 and therefore denies the same. 253. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

253 and therefore denies the same. 254. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

254 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 26

255.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

255 and therefore denies the same. 256. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

256 and therefore denies the same. 257. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

257 and therefore denies the same. 258. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

258 and therefore denies the same. 259. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

259 and therefore denies the same. 260. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

260 and therefore denies the same. 261. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

261 and therefore denies the same. 262. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

262 and therefore denies the same. 263. 264. 265. 266. 267. Nissan denies the allegations of Paragraph 263. Nissan denies the allegations of Paragraph 264. Nissan denies the allegations of Paragraph 265. Nissan denies the allegations of Paragraph 266. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

267 and therefore denies the same. 268. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

268 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 27

269.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

269 and therefore denies the same. 270. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

270 and therefore denies the same. 271. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

271 and therefore denies the same. 272. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

272 and therefore denies the same. 273. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

273 and therefore denies the same. 274. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

274 and therefore denies the same. 275. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

275 and therefore denies the same. 276. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

276 and therefore denies the same. 277. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

277 and therefore denies the same. 278. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

278 and therefore denies the same. 279. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

279 and therefore denies the same. 280. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

280 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 28

281.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

281 and therefore denies the same. 282. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

282 and therefore denies the same. 283. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

283 and therefore denies the same. 284. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

284 and therefore denies the same. 285. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

285 and therefore denies the same. 286. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

286 and therefore denies the same. 287. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

287 and therefore denies the same. 288. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

288 and therefore denies the same. 289. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

289 and therefore denies the same. 290. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

290 and therefore denies the same. 291. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

291 and therefore denies the same. 292. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

292 and therefore denies the same.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 29

293.

Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

293 and therefore denies the same. 294. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

294 and therefore denies the same. 295. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

295 and therefore denies the same. 296. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

296 and therefore denies the same. 297. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

297 and therefore denies the same. 298. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

298 and therefore denies the same. 299. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

299 and therefore denies the same. 300. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

300 and therefore denies the same. 301. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

301 and therefore denies the same. 302. Nissan lacks knowledge sufficient to admit or deny the allegations of Paragraph

302 and therefore denies the same. 303. Nissan denies the allegations of Paragraph 303 as directed to Nissan. To the

extent Paragraph 303 is deemed to require a response concerning the other Defendants, Nissan lacks knowledge sufficient to confirm or deny the allegations and denies the same.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

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304.

Nissan denies the allegations of Paragraph 304 as directed to Nissan. To the

extent Paragraph 304 is deemed to require a response concerning the other Defendants, Nissan lacks knowledge sufficient to confirm or deny the allegations and denies the same. WILLFUL INFRINGEMENT COUNT 305. Nissan denies the allegations of Paragraph 305 as directed to Nissan. To the

extent Paragraph 305 is deemed to require a response concerning the other Defendants, Nissan lacks knowledge sufficient to confirm or deny the allegations and denies the same. RESPONSE TO PLAINTIFF'S PRAYER FOR RELIEF To the extent Plaintiff's prayer for relief contains allegations and/or averments, Nissan denies the same. AFFIRMATIVE DEFENSES Nissan's Affirmative Defenses are listed below. Nissan reserves the right to amend its Answer to add additional Affirmative Defenses, including but not limited to, inequitable conduct or others consistent with the facts discovered in this case. FIRST DEFENSE (NON-INFRINGEMENT) 306. Nissan has not infringed, and is not infringing (either directly, contributorily, by

inducement, and/or through the doctrine of equivalents), any claim of the `111 patent. SECOND DEFENSE (PATENT INVALIDITY) 307. Upon information and belief, the `111 patent is invalid because it fails to satisfy

the conditions of patentability set forth in the U.S. patent laws, including but not limited to, 35 U.S.C. §§ 101, 102, 103, and/or 112. THIRD DEFENSE (ESTOPPEL) 308. Plaintiff's claims are barred by the equitable doctrine of estoppel, including but

not limited to, the doctrine of prosecution history estoppel. Upon information and belief, and as
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 31

shown by its file history, amendments, cancellation and/or abandonment of the claims, and by admissions/statements made therein, Plaintiff is estopped from claiming construction of the `111 patent that would cause any claim to cover any method or system made, used, or offered for sale, sold or imported by Nissan. FOURTH DEFENSE (FAILURE TO STATE A CLAIM) 309. Upon information and belief, Plaintiff's Original Complaint fails to state any facts

upon which a claim for relief can be granted against Nissan. FIFTH DEFENSE (LACHES) 310. Upon information and belief, Plaintiff's claims are barred in whole or part by the

equitable doctrine of laches. SIXTH DEFENSE (DAMAGES) 311. Upon information and belief and to the extent Plaintiff may be entitled to

damages, any claim for damages is limited by 35 U.S.C. §§ 286 and/or 287. 312. Plaintiff's claims are barred in whole or part due to Plaintiff's failure to mitigate

damages, if any. SEVENTH DEFENSE (NO INJUNCTIVE RELIEF) 313. Plaintiff's claims for injunctive relief are barred because adequate remedies at law

exist and it otherwise fails to meet the requirements for such relief. EIGHTH DEFENSE (UNCLEAN HANDS) 314. Plaintiff's claims are barred in whole or part by the doctrine of unclean hands. NINTH DEFENSE (VENUE) 315. Venue in this judicial district is improper or inconvenient.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

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TENTH DEFENSE (INDIRECT INFRINGEMENT) 316. To the extent Plaintiff asserts Nissan indirectly infringes, either by contributory

infringement or inducement of infringement, Nissan is not liable to Plaintiff for the acts alleged to have been performed before Nissan knew that its actions would cause indirect infringement. Nissan reserves its right to offer additional defenses that cannot now be articulated due to the need for discovery regarding Plaintiff's claims. COUNTERCLAIM For its Counterclaims against Plaintiff, Nissan alleges the following: The Parties 1. Counterclaim Plaintiff, Nissan North America, Inc. ("Nissan") is a California

corporation and has a principal place of business in Franklin, Tennessee. 2. Based upon the allegations contained in the Complaint, Parallel Networks is a

Texas Limited Liability Company with its place of business at 100 E. Ferguson Street, Suite 602, Tyler, Texas. Jurisdiction and Venue 3. This Court has subject matter jurisdiction over this Counterclaim pursuant to 28

U.S.C. §§ 1331, 1338, and the Declaratory Judgment Act, 28 U.S.C. §§ 2201, 2202. 4. To the extent Parallel Networks filed this action for patent infringement in this

judicial district, as set forth in Plaintiff's Original Complaint, venue is appropriate for purposes of this Counterclaim.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

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Controversy 5. There is an actual justiciable controversy between Nissan and Parallel Networks

concerning the alleged infringement, validity, scope, and enforceability of United States Patent No. 6,446,111 ("the `111 patent"). Jurisdiction is also appropriate in that this Counterclaim arises out of the same transaction or occurrence that is the subject matter of Plaintiff's Original Complaint. 6. patent. 7. Parallel Networks claims that the `111 patent is valid and enforceable and that the Parallel Networks claims to be the owner of the full and complete title of the `111

activities of Nissan infringe the `111 patent. 8. Based upon the foregoing conduct of Parallel Networks, this case is an

exceptional case under 35 U.S.C. § 285 and Nissan is entitled to recover its reasonable attorney's fees. Count I (Declaratory Judgment of Non-Infringement of the `111 Patent) 9. Nissan incorporates the allegations contained in Paragraphs 1-8 as though fully

set forth in this paragraph. 10. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. § 2201 et. seq.,

Nissan requests a declaration by the Court that it does not infringe, and has not infringed, any claim of the `111 patent, either directly, through the doctrine of equivalents, contributorily, or by inducement. Count II (Declaratory Judgment of Invalidity of the `111 Patent) 11. Nissan incorporates the allegations contained in Paragraphs 1-10 as though fully

set forth in this paragraph.
NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT PAGE 34

12.

The claims of the `111 patent are invalid and unenforceable because it fails to

satisfy the conditions of patentability set forth in the U.S. patent laws, including but not limited to, 35 U.S.C. §§ 101, 102, 103, and/or 112. Nissan's Prayer for Relief Nissan respectfully requests the Court enter judgment in its favor and grant the following: · · · · · Dismissal of Plaintiff's claims in their entirety and with prejudice; A declaration that Nissan does not infringe the `111 patent; A declaration that the `111 patent is invalid and unenforceable; Judgment against Parallel Networks and in favor of Nissan; An order from this Court finding this case is an exceptional case and awarding

Nissan its reasonable attorney's fees under 35 U.S.C. § 285 and all other applicable statutes and rules in common law that would be appropriate; and

·

An order that Plaintiff take nothing by way of its Original Complaint and

awarding such additional relief as the Court may deem appropriate and just under the circumstances. Jury Demand Nissan hereby demands a jury trial on all issues so triable. Dated this 23rd day of November 2010.

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

PAGE 35

Respectfully submitted,

By: /s/ Jeffrey S. Patterson JEFFREY S. PATTERSON (LEAD ATTORNEY) State Bar No. 15596700 [e-mail] JEFFREY J. COX State Bar No. 04947530 [e-mail] GARY R. SORDEN State Bar No. 24066124 [e-mail] HARTLINE, DACUS, BARGER, DREYER & KERN, L.L.P. 6688 North Central Expressway, Suite 1000 Dallas, Texas 75206 [phone] ­ main [phone] ­ fax ATTORNEYS FOR DEFENDANT AND COUNTERCLAIM PLAINTIFF NISSAN NORTH AMERICA, INC.

CERTIFICATE OF SERVICE The undersigned hereby certifies that all counsel of record who are deemed to have consented to electronic service are being served with a copy of this document via the Court's CM-ECF system on the 23rd day of November 2010.

/s/ Jeffrey S. Patterson JEFFREY S. PATTERSON

NISSAN NORTH AMERICA, INC.'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S ORIGINAL COMPLAINT

PAGE 36