`Case 1:11—cv—00797—RGA Document 81
`Filed 12/12/11 Page 1 of 4 Page|D #: 416
`
`UNITED STATES DISTRICT COURT
`
`DISTRICT OF DELAWARE
`
`FastVDO LLC,
`
`v.
`
`Apple Inc., et al.,
`
`Plaintiff,
`
`Defendants.
`
`C.A. No. 11-797-RGA
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF FASTVDO LLC’S ANSWER TO DEFENDANT JVC AMERICAS
`CORP.’S COUNTERCLAIMS
`
`Plaintiff FastVDO, LLC (“FastVDO”), by and through its undersigned attorneys,
`
`answers the counterclaims of Defendant JVC Americas Corp. (“JVC”) by corresponding
`
`paragraph number as follows:
`
`COUNTERCLAIMS
`
`1.
`
`The First Amended Complaint speaks for itself. FastVDO admits that it
`
`owns the ‘O81 Patent and charges JVC with infringement of the ‘081 Patent.
`
`2.
`
`FastVDO admits that an actual controversy exists between FastVDO and
`
`JVC regarding the validity of the ‘O81 Patent and JVC’s infringement of the ‘O81 Patent,
`
`and that JVC seeks declaratory judgment. FastVDO denies the merits of JVC’s
`
`counterclaims and that JVC is entitled to its requested relief.
`
`3.
`
`Paragraph 3 does not require a response. To the extent that paragraph 3
`
`requires a response, FastVDO denies the merits of the defenses asserted by JVC and
`
`therefore denies the allegations made therein.
`
`
`
`Case 1:11-cv-00797-RGA Document 81 Filed 12/12/11 Page 2 of 4 PageID #: 417
`Case 1:11—cv—00797—RGA Document 81
`Filed 12/12/11 Page 2 of 4 Page|D #: 417
`
`PARTIES
`
`4.
`
`5.
`
`Admitted.
`
`Admitted.
`
`JURISDICTION AND VENUE
`
`6.
`
`FastVDO admits that JVC purports to assert claims under Rule 13 of the
`
`Federal Rules of Civil Procedure, and 28 U.S.C. §§ 1338(a), 2201, and 2202, and that the
`
`Court has subj ect matter jurisdiction. FastVDO also admits that venue is proper in this
`
`district. FastVDO denies the merits of JVC’s counterclaims and that JVC is entitled to its
`
`requested relief.
`
`Count I
`
`[Declaratory Judgment of Non-Infringement]
`
`7.
`
`FastVDO incorporates by reference paragraphs 1-5 of this answer, above,
`
`as if fully set forth herein.
`
`8.
`
`FastVDO admits that an actual controversy exists between FastVDO and
`
`JVC regarding JVC’s infringement of the ‘081 Patent.
`
`9.
`
`Denied.
`
`Count II
`
`[Declaratory Judgment of Invalidity]
`
`10.
`
`FastVDO incorporates by reference paragraphs 1-5 of this answer, above,
`
`as if fully set forth herein.
`
`11.
`
`FastVDO admits that an actual controversy exists between FastVDO and
`
`JVC regarding the validity of the ‘081 Patent.
`
`12.
`
`Denied.
`
`
`
`Case 1:11-cv-00797-RGA Document 81 Filed 12/12/11 Page 3 of 4 PageID #: 418
`Case 1:11—cv—00797—RGA Document 81
`Filed 12/12/11 Page 3 of 4 Page|D #: 418
`
`Count III
`
`[Declaratory Judgment of Unenforceability]
`
`13.
`
`FastVDO incorporates by reference paragraphs 1-5 of this answer, above,
`
`as if fully set forth herein.
`
`14.
`
`FastVDO admits that an actual controversy exists between FastVDO and
`
`JVC regarding the enforceability of the ‘O81 Patent.
`
`15.
`
`FastVDO admits that it was a participant in the JVT. FastVDO denies that
`
`JVC has accurately stated the patent policy and disclosure requirements for the JVT and
`
`therefore denies the remaining allegations in paragraph 15.
`
`16.
`
`Denied.
`
`17.
`
`Denied.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, FastVDO prays for the following relief with regard to JVC’s
`
`counterclaims:
`
`A.
`
`B.
`
`A dismissal with prejudice of JVC’s counterclaims;
`
`An adjudication that JVC is not entitled to any relief on its counterclaims,
`
`including, without limitation, any fine or damages;
`
`C.
`
`Costs and further relief to which FastVDO is entitled, and which the Court
`
`deems just and equitable.
`
`DEMAND FOR JURY TRIAL
`
`FastVDO demands a trial by jury on all issues so triable.
`
`
`
`Case 1:11-cv-00797-RGA Document 81 Filed 12/12/11 Page 4 of 4 PageID #: 419
`Case 1:11—cv—00797—RGA Document 81
`Filed 12/12/11 Page 4 of 4 Page|D #: 419
`
`Date: December 12, 2011
`
`FARNAN LLP
`
`Respectfully submitted,
`
`/s/ Brian E. Farnan
`
`Joseph J. Farnan, Jr. (Bar No. 100245)
`Brian E. Farnan (Bar No. 4089)
`919 North Market Street, 12th Floor
`
`Wilmington, DE 19801
`(302) 777-0300
`bfarnan@farnan1aw.com
`
`Alexander C.D. Giza (admitted pro hac vice)
`Marc A. Fenster (admitted pro hac vice)
`Kevin P. Burke (admitted pro hac vice)
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`
`Los Angeles, CA 90025-1031
`(310) 826-7474
`agiza@raklaw.com
`mfenster@rak1aw.com
`kburke@rak1aw.com
`
`Attorneys for PlaintzflFastVDO, LLC
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