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Huawei's answer and counterclaims to InterDigital's federal lawsuit

Huawei's answer and counterclaims to InterDigital's federal lawsuit

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Published by Florian Mueller

Huawei's January 24, 2013 answer and counterclaims to InterDigital's federal complaint in the District of Delaware, asking the court for a FRAND determination.

Huawei's January 24, 2013 answer and counterclaims to InterDigital's federal complaint in the District of Delaware, asking the court for a FRAND determination.

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Published by: Florian Mueller on Jan 29, 2013
Copyright:Public Domain

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09/17/2013

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EXHIBIT B
 
 IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF DELAWAREINTERDIGITAL COMMUNICATIONS,INC., a Delaware corporation,INTERDIGITAL TECHNOLOGYCORPORATION, a Delaware corporation,IPR LICENSING, INC., a Delawarecorporation, and INTERDIGITALHOLDINGS, INC., a Delaware corporation,Plaintiffs/Counterclaim-Defendants,v.HUAWEI TECHNOLOGIES CO., LTD., aChinese corporation, FUTUREWEITECHNOLOGIES, INC. D/B/A/ HUAWEITECHNOLOGIES (USA), a Texascorporation, and HUAWEI DEVICE USA,INC., a Texas corporation,Defendants/Counterclaim-Plaintiffs.))))))))))))))))))))C.A. No. 13-008-RGA
JURY TRIAL DEMANDEDANSWER AND COUNTERCLAIMS
 Defendants Huawei Technologies Co., Ltd., Futurewei Technologies, Inc. and HuaweiDevice USA, Inc. (collectively “Huawei”) submit this Answer to the Complaint filed byPlaintiffs InterDigital Communications, LLC, InterDigital Technology Corporation, IPRLicensing, Inc., and InterDigital Holdings, Inc. (collectively, “IDC”) on January 2, 2013 (D.I. 1,the “Complaint”). To the extent not specifically admitted in the following paragraphs, theallegations in the Complaint are denied.
THE PARTIES
1.
 
Huawei admits on information and belief the allegations contained in paragraph 1.2.
 
Huawei admits on information and belief the allegations contained in paragraph 2.3.
 
Huawei admits on information and belief the allegations contained in paragraph 3.
Case 1:13-cv-00008-RGA Document 8 Filed 01/24/13 Page 1 of 32 PageID #: 89
 
24.
 
Huawei admits on information and belief the allegations contained in paragraph 4,except denies knowledge and information sufficient to form a belief concerning the allegations infootnote 1 and therefore denies the same.5.
 
Huawei admits that Huawei Technologies Co., Ltd. is a corporation organized andexisting under the laws of the People’s Republic of China and that its principal place of businessis Bantian, Longgang District, Shenzhen, 518129.6.
 
Huawei admits that Futurewei Technologies, Inc. (“Futurewei”) is a Texascorporation with a principal place of business at 5700 Tennyson Parkway, Suite #500, Plano,Texas 75024. Huawei further admits that Futurewei is an indirect subsidiary of HuaweiTechnologies Co., Ltd. Huawei denies the remaining allegations in paragraph 6.7.
 
Huawei admits that Huawei Device USA, Inc., is a Texas corporation with aprincipal place of business at 5700 Tennyson Parkway, Suite #600, Plano, Texas 75024.
JURISDICTION AND VENUE
8.
 
Huawei admits that the Complaint purports to arise under 35 U.S.C. § 271
et seq.
 To the extent that paragraph 8 states a legal conclusion, no response is required. To the extent aresponse is required, Huawei admits that this Court has subject matter jurisdiction over thisaction pursuant to 28 U.S.C. §§ 1331 and 1338(a).9.
 
Huawei admits that the Complaint purports to assert venue under 35 U.S.C.§ 1400(b). To the extent that paragraph 9 states a legal conclusion, no response is required. Tothe extent a response is required, Huawei will not contest venue in this Court.10.
 
Huawei admits that the Complaint purports to assert venue under 35 U.S.C.1391(b), (c), (d) and 1400(b). To the extent paragraph 10 states a legal conclusion, no responseis required. To the extent a response is required, Huawei will not contest venue or personal jurisdiction in this Court.
Case 1:13-cv-00008-RGA Document 8 Filed 01/24/13 Page 2 of 32 PageID #: 90

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