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BU vs. Amazon-Response

BU vs. Amazon-Response

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Published by Curt Woodward
Amazon's response to a patent infringement lawsuit from Boston University. Uploaded by Xconomy.
Amazon's response to a patent infringement lawsuit from Boston University. Uploaded by Xconomy.

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Categories:Types, Business/Law
Published by: Curt Woodward on Jul 03, 2013
Copyright:Attribution Non-commercial

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06/18/2014

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UNITED STATES DISTRICT COURT
D
ISTRICT
O
F
M
ASSACHUSETTS
 
TRUSTEES OF BOSTON UNIVERSITY,
 Plaintiff 
,v.AMAZON.COM, INC.,
 Defendant 
.Case No. 1:13-cv-11097-FDS
JURY TRIAL DEMANDEDANSWER OF AMAZON.COM, INC.
Defendant Amazon.com, Inc. (“Amazon”), by and through its undersigned counsel,hereby answers the Complaint filed by Plaintiff, Trustees of Boston University (“BU”), andstates as follows:
PARTIES
1. Amazon does not have sufficient information to admit or deny the allegations inParagraph 1 of the Complaint, ECF No. 1, and therefore denies those allegations.2. Amazon admits that the document entitled “U.S. Patent No. 5,686,738” (“the ’738 patent”) attached to the Complaint as Exhibit A identifies “Trustees of Boston University” asassignee. Amazon does not have sufficient information to admit or deny the remainingallegations of Paragraph 2, and therefore denies those allegations.3. Amazon admits that it is a corporation organized under the laws of Delaware.Amazon denies all remaining allegations not expressly admitted.
Case 1:13-cv-11097-FDS Document 15 Filed 06/14/13 Page 1 of 7
 
2
JURISDICTION AND VENUE
4. Amazon admits that Plaintiff’s Complaint purports to be an action for patentinfringement arising under the patent laws of the United States. Amazon denies all remainingallegations not expressly admitted.5. For the purposes of this lawsuit only, Amazon consents to the personal jurisdiction of this Court. Amazon admits that it offers for sale and sells products that arereceived in the District of Massachusetts. Amazon denies that it has infringed the ’738 patent inany way. Amazon denies all remaining allegations not expressly admitted.6. For purposes of this lawsuit only, Amazon consents to venue in the District of Massachusetts, but denies that this District is the most convenient forum. Amazon denies allremaining allegations not expressly admitted.
COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,686,738
7. Amazon admits that the ’738 patent is titled “Highly Insulating MonocrystallineGallium Nitride Thin Films.” Amazon admits that the ’738 patent issued on Nov. 11, 1997.Amazon denies all remaining allegations not expressly admitted.8. Amazon admits that the ’738 patent identifies Theodore D. Moustakas as thenamed inventor. Amazon admits that the ’738 patent identifies the Trustees of BostonUniversity as assignee. Amazon denies all remaining allegations not expressly admitted.9. Denied.10. Amazon does not have sufficient information to admit or deny the allegations of Paragraph 10 of the Complaint, and therefore denies those allegations.11. Denied.
Case 1:13-cv-11097-FDS Document 15 Filed 06/14/13 Page 2 of 7
 
312. Denied.13. Denied.14. Denied.
DEMAND FOR JURY TRIAL
To the extent a response is required, Amazon admits that Plaintiff’s Complaint contains ademand for a jury trial.
GENERAL DENIAL
Except as specifically admitted, Amazon denies each and every allegation contained in paragraphs 1–14 of the Complaint and denies that Plaintiff is entitled to any of the relief requested in its Prayer for Relief.
ADDITIONAL DEFENSES
Pursuant to Federal Rule of Civil Procedure 8(c), and without conceding that any of thefollowing necessarily must be pled as an affirmative defense or that Amazon necessarily bearsthe burden of proof or persuasion for any of the following, Amazon asserts the followingadditional defenses to Plaintiff’s Complaint.
FIRST ADDITIONAL DEFENSE(Noninfringement)
15. Amazon does not infringe and has not infringed (either directly, contributorily, or  by inducement) any claim of the ’783 patent, either literally or under the doctrine of equivalents.
SECOND ADDITIONAL DEFENSE(Invalidity)
16. One or more asserted claims of the ’783 patent are invalid for failure to complywith one or more provisions of Title 35 of the United States Code, including, without limitation,one or more of §§ 101, 102, 103, or 112.
Case 1:13-cv-11097-FDS Document 15 Filed 06/14/13 Page 3 of 7

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