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

Filing 346

ANSWER to #1 Complaint,,,,,,, by American Girl LLC, Mattel, Inc..(Hawes, Clay)

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.; AÉROPOSTALE, 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.; 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
DB1/66064936.1

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

CIVIL ACTION NO. 6:10-CV-00491-LED

JURY TRIAL DEMANDED

TRADEMARK HOLDINGS, LLC; NAUTICA APPAREL, INC.; NAUTICA RETAIL USA, INC.; NAVISTAR, INC.; NEW BALANCE ATHLETIC SHOW, 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 IN.; and WOMEN'S APPAREL GROUP, LLC d/b/a BOSTON APPAREL GROUP, LLC, Defendants.

§ § § § § § § § § § § § § § § §

ANSWER OF DEFENDANTS AMERICAN GIRL, LLC, AND MATTEL, INC., IN RESPONSE TO PARALLEL NETWORKS, LLC'S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Defendants American Girl, LLC, and Mattel, Inc. (collectively, the "Mattel Entities"), answer Plaintiff Parallel Networks LLC's ("Parallel Networks") Original Complaint for Patent Infringement ("Complaint") as follows: PARTIES 1. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 1. 2. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 2. 3. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 3. 4. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 4. 5. The Mattel Entities deny the allegations in paragraph 5.

DB1/66064936.1

2

6.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 6. 7. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 7. 8. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 8. 9. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 9. 10. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 10. 11. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 11. 12. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 12. 13. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 13. 14. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 14. 15. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 15. 16. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 16.

DB1/66064936.1

3

17.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 17. 18. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 18. 19. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 19. 20. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 20. 21. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 21. 22. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 22. 23. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 23. 24. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 24. 25. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 25. 26. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 26. 27. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 27.

DB1/66064936.1

4

28.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 28. 29. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 29. 30. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 30. 31. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 31. 32. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 32. 33. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 33. 34. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 34. 35. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 35. 36. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 36. 37. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 37. 38. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 38.

DB1/66064936.1

5

39.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 39. 40. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 40. 41. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 41. 42. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 42. 43. 44. The Mattel Entities admit the allegations in paragraph 43. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 44. 45. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 45. 46. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 46. 47. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 47. 48. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 48. 49. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 49. 50. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 50.

DB1/66064936.1

6

51.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 51. 52. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 52. 53. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 53. 54. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 54. 55. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 55. 56. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 56. 57. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 57. 58. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 58. 59. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 59. 60. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 60. 61. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 61.

DB1/66064936.1

7

JURISDICTION 62. With respect to the allegations set forth in paragraph 62, the Mattel Entities admit

that this Court has subject matter jurisdiction over Parallel Networks' claims. The Mattel Entities admit that this Court has personal jurisdiction over them in this particular action. However, the Mattel Entities deny that they have committed acts in this jurisdiction that give rise to any cause of action by Parallel Networks and deny the remaining allegations in paragraph 62, as they relate to the Mattel Entities. To the extent the allegations in paragraph 62 are directed to other entities, the Mattel Entities are without knowledge or information sufficient to form a belief as to the truth of such allegations. 63. With respect to the allegations set forth in paragraph 63, the Mattel Entities admit

that venue is proper in this judicial district, but deny that this district is a convenient or appropriate forum in which to proceed with this dispute. The Mattel Entities expressly reserve their rights under 28 U.S.C. § 1404. The Mattel Entities admit that this Court has personal jurisdiction over them in this particular action. However, the Mattel Entities deny that they have committed acts in this jurisdiction that give rise to any cause of action by Parallel Networks and deny the remaining allegations in paragraph 63, as they relate to the Mattel Entities. To the extent the allegations in paragraph 63 are directed to other entities, the Mattel Entities are without knowledge or information sufficient to form a belief as to the truth of such allegations. COUNT I 64. 65. The Mattel Entities admit the allegations in paragraph 64. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 65. 66. With respect to the allegations set forth in paragraph 66, the Mattel Entities state

that the claims of the `111 patent speak for themselves, and no responsive pleading is required.
DB1/66064936.1

8

To the extent that a responsive pleading is required, the Mattel Entities admit that paragraph 66 seems to reflect an effort to paraphrase the limitations of claim 1 of the `111 patent, but deny that the patent "covers" such "systems and methods," as Parallel Networks has failed to include all of the required limitations recited in claim 1. 67. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 67. 68. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 68. 69. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 69. 70. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 70. 71. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 71. 72. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 72. 73. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 73. 74. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 74. 75. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 75.

DB1/66064936.1

9

76.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 76. 77. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 77. 78. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 78. 79. 80. 81. 82. 83. The Mattel Entities deny the allegations in paragraph 79. The Mattel Entities deny the allegations in paragraph 80. The Mattel Entities deny the allegations in paragraph 81. The Mattel Entities deny the allegations in paragraph 82. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 83. 84. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 84. 85. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 85. 86. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 86. 87. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 87. 88. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 88.

DB1/66064936.1

10

89.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 89. 90. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 90. 91. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 91. 92. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 92. 93. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 93. 94. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 94. 95. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 95. 96. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 96. 97. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 97. 98. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 98. 99. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 99.

DB1/66064936.1

11

100.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 100. 101. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 101. 102. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 102. 103. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 103. 104. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 104. 105. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 105. 106. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 106. 107. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 107. 108. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 108. 109. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 109. 110. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 110.

DB1/66064936.1

12

111.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 111. 112. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 112. 113. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 113. 114. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 114. 115. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 115. 116. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 116. 117. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 117. 118. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 118. 119. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 119. 120. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 120. 121. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 121.

DB1/66064936.1

13

122.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 122. 123. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 123. 124. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 124. 125. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 125. 126. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 126. 127. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 127. 128. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 128. 129. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 129. 130. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 130. 131. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 131. 132. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 132.

DB1/66064936.1

14

133.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 133. 134. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 134. 135. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 135. 136. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 136. 137. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 137. 138. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 138. 139. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 139. 140. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 140. 141. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 141. 142. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 142. 143. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 143.

DB1/66064936.1

15

144.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 144. 145. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 145. 146. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 146. 147. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 147. 148. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 148. 149. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 149. 150. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 150. 151. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 151. 152. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 152. 153. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 153. 154. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 154.

DB1/66064936.1

16

155.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 155. 156. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 156. 157. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 157. 158. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 158. 159. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 159. 160. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 160. 161. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 161. 162. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 162. 163. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 163. 164. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 164. 165. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 165.

DB1/66064936.1

17

166.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 166. 167. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 167. 168. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 168. 169. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 169. 170. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 170. 171. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 171. 172. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 172. 173. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 173. 174. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 174. 175. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 175. 176. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 176.

DB1/66064936.1

18

177.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 177. 178. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 178. 179. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 179. 180. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 180. 181. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 181. 182. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 182. 183. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 183. 184. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 184. 185. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 185. 186. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 186. 187. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 187.

DB1/66064936.1

19

188.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 188. 189. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 189. 190. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 190. 191. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 191. 192. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 192. 193. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 193. 194. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 194. 195. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 195. 196. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 196. 197. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 197. 198. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 198.

DB1/66064936.1

20

199.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 199. 200. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 200. 201. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 201. 202. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 202. 203. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 203. 204. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 204. 205. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 205. 206. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 206. 207. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 207. 208. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 208. 209. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 209.

DB1/66064936.1

21

210.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 210. 211. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 211. 212. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 212. 213. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 213. 214. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 214. 215. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 215. 216. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 216. 217. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 217. 218. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 218. 219. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 219. 220. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 220.

DB1/66064936.1

22

221.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 221. 222. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 222. 223. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 223. 224. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 224. 225. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 225. 226. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 226. 227. 228. 229. 230. 231. The Mattel Entities deny the allegations in paragraph 227. The Mattel Entities deny the allegations in paragraph 228. The Mattel Entities deny the allegations in paragraph 229. The Mattel Entities deny the allegations in paragraph 230. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 231. 232. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 232. 233. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 233.

DB1/66064936.1

23

234.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 234. 235. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 235. 236. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 236. 237. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 237. 238. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 238. 239. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 239. 240. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 240. 241. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 241. 242. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 242. 243. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 243. 244. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 244.

DB1/66064936.1

24

245.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 245. 246. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 246. 247. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 247. 248. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 248. 249. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 249. 250. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 250. 251. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 251. 252. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 252. 253. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 253. 254. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 254. 255. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 255.

DB1/66064936.1

25

256.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 256. 257. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 257. 258. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 258. 259. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 259. 260. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 260. 261. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 261. 262. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 262. 263. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 263. 264. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 264. 265. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 265. 266. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 266.

DB1/66064936.1

26

267.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 267. 268. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 268. 269. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 269. 270. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 270. 271. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 271. 272. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 272. 273. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 273. 274. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 274. 275. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 275. 276. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 276. 277. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 277.

DB1/66064936.1

27

278.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 278. 279. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 279. 280. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 280. 281. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 281. 282. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 282. 283. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 283. 284. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 284. 285. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 285. 286. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 286. 287. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 287. 288. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 288.

DB1/66064936.1

28

289.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 289. 290. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 290. 291. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 291. 292. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 292. 293. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 293. 294. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 294. 295. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 295. 296. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 296. 297. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 297. 298. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 298. 299. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 299.

DB1/66064936.1

29

300.

The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 300. 301. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 301. 302. The Mattel Entities are without knowledge or information sufficient to form a

belief as to the truth of the allegations in paragraph 302. 303. The Mattel Entities deny the allegations in paragraph 303, as they relate to the

Mattel Entities. To the extent the allegations in paragraph 303 are directed to other entities, the Mattel Entities are without knowledge or information sufficient to form a belief as to the truth of such allegations. 304. The allegations in paragraph 304 relating to constructive notice are legal

conclusions to which no responsive pleading is required; to the extent a response is required, the Mattel Entities deny the allegations, as they relate to constructive notice of the Mattel Entities. To the extent the allegations in paragraph 304 concerning constructive notice are directed to other entities, the Mattel Entities are without knowledge or information sufficient to form a belief as to the truth of such allegations. The Mattel Entities are without knowledge sufficient to form a belief as to the truth of the allegations regarding marking requirements. COUNT II 305. The Mattel Entities deny the allegations in paragraph 305, as they relate to the

Mattel Entities. To the extent the allegations in paragraph 305 are directed to other entities, the Mattel Entities are without knowledge or information sufficient to form a belief as to the truth of such allegations.

DB1/66064936.1

30

PRAYER FOR RELIEF These paragraphs set forth the statement of relief requested by Parallel Networks to which no response is required. The Mattel Entities deny that Parallel Networks is entitled to any of the requested relief and deny any allegations. DEMAND FOR JURY TRIAL This paragraph sets forth Parallel Networks' request for a jury trial and all issues triable of right before a jury to which no response is required. AFFIRMATIVE DEFENSES Subject to the responses above, the Mattel Entities allege and assert the following defenses in response to the allegations, undertaking the burden of proof only as to those defenses deemed affirmative defenses by law, regardless of how such defenses are denominated herein. In addition to the affirmative defenses described below, subject to their responses above, the Mattel Entities specifically reserve all rights to allege additional affirmative defenses that become known through the course of discovery. 306. The claims of the `111 patent are invalid and/or unpatentable for failure to satisfy

one or more of the requirements of §§ 101, 102, 103, 112, 132, 251 of Title 35 of the United States Code. 307. laches. 308. § 288. 309. Parallel Networks cannot satisfy the requirements applicable to its request for Parallel Networks' request for relief is barred or otherwise limited by 35 U.S.C. Parallel Networks' claims are barred, in whole or in part, by the doctrine of

injunctive relief and has an adequate remedy at law.

DB1/66064936.1

31

310.

Parallel Networks' alleged damages are limited because it has not satisfied the

requirements for obtaining damages under 35 U.S.C. § 287, and the limitations period further bars past damages claims. 311. The Mattel Entities reserve all affirmative 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, which may now exist or in the future may be available based on discovery and further factual investigation in this case.

WHEREFORE, the Mattel Entities respectfully request that this Court find against Parallel Networks on all claims against the Mattel Entities and award the Mattel Entities such other and further relief as this Court may deem just and proper. Dated: November 29, 2010 Respectfully submitted, By: /s/ C. Erik Hawes C. Erik Hawes State Bar No. 24042543 James Beebe State Bar No. 24038708 Shannon A. Lang State Bar No. 24070103 MORGAN, LEWIS & BOCKIUS LLP 1000 Louisiana Street, Suite 4000 Houston, TX 77002 Telephone No. [phone] Telecopier No. [phone] [e-mail] [e-mail] [e-mail] ATTORNEYS FOR DEFENDANTS AMERICAN GIRL, LLC, AND MATTEL, INC.

DB1/66064936.1

32

CERTIFICATE OF SERVICE The undersigned hereby certifies that counsel of record who are deemed to have consented to electronic service are being served with a copy of the foregoing via the Court's CM/ECF system per Local Rule CV-5(a)(3) . Dated: November 29, 2010 By: /s/ C. Erik Hawes C. Erik Hawes

DB1/66064936.1

33