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TiVo files answers and amended counterclaims against Motorola & Time Warner Cable

TiVo files answers and amended counterclaims against Motorola & Time Warner Cable

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Published by Sam Biller
On March 26, 2012, TiVo filed an answer and amended counterclaims in response to a patent infringement suit that Motorola initiated against
the Company in the Eastern District of Texas in 2011 that was stayed until earlier this year. In its response, the Company alleged counterclaims against
Motorola and Time Warner Cable, one of Motorola's customers, for infringing U.S. Patent Nos. 6,233,389, 7,529,465, and 6,792,195 owned by TiVo.
On March 26, 2012, TiVo filed an answer and amended counterclaims in response to a patent infringement suit that Motorola initiated against
the Company in the Eastern District of Texas in 2011 that was stayed until earlier this year. In its response, the Company alleged counterclaims against
Motorola and Time Warner Cable, one of Motorola's customers, for infringing U.S. Patent Nos. 6,233,389, 7,529,465, and 6,792,195 owned by TiVo.

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Published by: Sam Biller on Mar 26, 2012
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03/26/2012

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2608763
- 1 -IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASTEXARKANA DIVISIONMOTOROLA MOBILITY, INC. andGENERAL INSTRUMENT CORPORATION, Plaintiffs,vs.TIVO INC.,Defendant.))))))))))))))Case No. 5:11-cv-00053-MHS-CMCJURY TRIAL DEMANDEDTIVO INC.,Counterclaim Plaintiff,vs.MOTOROLA MOBILITY, INC., GENERALINSTRUMENT CORPORATION, TIMEWARNER CABLE INC., and TIMEWARNER CABLE LLC,Counterclaim Defendants.______________________________________ ))))))))))))))))
DEFENDANT TIVO INC.'S 1) ANSWER TO PLAINTIFFS' COMPLAINTAND 2) AMENDED COUNTERCLAIMS
Defendant TiVo Inc. ("TiVo") hereby files this Answer and Amended Counterclaimspursuant to the Federal Rules of Civil Procedure and Steps 9 and 10 of the Court's SchedulingOrder in this case (Dkt. 53).TiVo answers the Complaint for Patent Infringement and Declaratory Relief (the"Complaint") of Plaintiffs Motorola Mobility, Inc. ("Motorola Mobility") and General Instrument
Case 5:11-cv-00053-MHS-CMC Document 73 Filed 03/26/12 Page 1 of 28 PageID #: 982
 
 
2608763
- 2 -Corporation ("General Instrument") (collectively, "Motorola" or "Plaintiffs") as set forth below.Unless specifically admitted, TiVo denies each and every allegation made by Plaintiffs in theComplaint and states as follows:
INTRODUCTION
1.
 
TiVo admits that the United States Patent and Trademark Office issued U.S. PatentNos. 5,949,948 (the "'948 Patent"), 6,304,714 (the "'714 Patent") and 6,356,708 (the "'708Patent"). TiVo admits that the '948, '714, and '708 Patents state on their face that they wereassigned to Imedia Corporation. Except as expressly admitted herein, TiVo denies each and everyallegation of Paragraph 1.2.
 
TiVo admits that it was founded in 1997. TiVo admits that TiVo filed a patentapplication in July 1998. TiVo admits that TiVo obtained U.S. Patent Nos. 6,233,389 (the "'389patent") and 7,529,465 (the "'465 patent") (collectively, "the TiVo Patents"), among others.Except as expressly admitted herein, TiVo denies each and every allegation of Paragraph 2.3.
 
TiVo admits that TiVo is the plaintiff in the case entitled
TiVo Inc. v. VerizonCommunications Inc., et al.
, 2:09-cv-00257-JRG (E.D. Tex.) (the "Verizon Lawsuit"). TiVoadmits that TiVo has accused various QIP set-top boxes of infringing certain claims of the TiVoPatents. TiVo is without sufficient knowledge to form a belief as to the truth or falsity of theremaining allegations contained in Paragraph 3 and therefore denies the remaining allegations insaid Paragraph.4.
 
TiVo admits that Plaintiffs seek the relief stated in their Complaint.
THE PARTIES
5.
 
On information and belief, TiVo admits that Motorola Mobility, Inc. is a Delawarecorporation with a principal place of business in Libertyville, Illinois.6.
 
On information and belief, TiVo admits that General Instrument Corp. is aDelaware corporation with a principal place of business in Horsham, Pennsylvania. TiVo iswithout sufficient knowledge to form a belief as to the truth or falsity of the remaining allegationscontained in Paragraph 6 and therefore denies the remaining allegations in said Paragraph.
Case 5:11-cv-00053-MHS-CMC Document 73 Filed 03/26/12 Page 2 of 28 PageID #: 983
 
 
2608763
- 3 -7.
 
TiVo admits that TiVo is a Delaware corporation with a principal place of businessat 2160 Gold Street, Alviso, California 95002. TiVo admits that it can be served with processthrough Corporation Service Company, its registered agent in Austin, Texas.
JURISDICTION AND VENUE
8.
 
TiVo admits that Plaintiffs contend jurisdiction exists under 28 U.S.C. §§ 1331,1338(a) and under 28 U.S.C. §§ 2201 and 2202. Except as expressly admitted herein, TiVo denieseach and every allegation of Paragraph 8.9.
 
TiVo admits that Plaintiffs contend that personal jurisdiction and venue are properin this Court pursuant to 28 U.S.C. §§ 1391 and/or 1400. TiVo admits that TiVo does business inthis state and district. TiVo admits that it has previously commenced litigation in this districtrelated to the TiVo Patents. Except as expressly admitted herein, TiVo denies each and everyallegation of Paragraph 9.
FACTUAL BACKGROUND
10.
 
TiVo admits that the '948 Patent on its face states that it was purportedly filed onNovember 20, 1995 and purportedly issued on September 7, 1999. TiVo admits that the '948Patent states on its face a title of "Method and Apparatus for Implementing Playback Features forCompressed Video Data" and states on its face that the inventors were Messrs. Krause, Shen andTom. TiVo further admits on information and belief that a copy of the '948 Patent is attached asExhibit A to the Complaint. Except as expressly admitted herein, TiVo denies each and everyallegation contained in Paragraph 10.11.
 
TiVo admits that the '714 patent on its face states that it was purportedly issued onOctober 16, 2001. TiVo admits that the '714 Patent states on its face a title of "In-Home DigitalVideo Unit With Combine Archival Storage and High-Access Storage" and states on its face thatthe inventors were Messrs. Krause, Heller, Tom and Shen. TiVo further admits on informationand belief that a copy of the '714 Patent is attached as Exhibit B to the Complaint. Except asexpressly admitted herein, TiVo denies each and every allegation contained in Paragraph 11.
Case 5:11-cv-00053-MHS-CMC Document 73 Filed 03/26/12 Page 3 of 28 PageID #: 984

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