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IN THE UNITED STATES DISTRICT COURT 

FOR THE SOUTHERN DISTRICT OF FLORIDA 

Case No. 1:20-cv-22050-FAM 

SISVEL INTERNATIONAL, S.A. 

and SISVEL S.p.A., 

Plaintiff, 

v. 

BLU PRODUCTS, INC., 

Defendant. 

 / 

BLU PRODUCTS, INC.’S ANSWER AND AFFIRMATIVE DEFENSES 

TO COMPLAINT FOR PATENT INFRINGEMENT 

Defendant BLU Products, Inc. (“BLU”) hereby responds to the Amended Complaint for 

Patent Infringement (“Complaint”) of Plaintiffs, SISVEL INTERNATIONAL, S.A. ("Sisvel") and 

3G LICENSING S.A. ("3G") (collectively, the “Plaintiffs”) in the correspondingly numbered 

paragraphs below. For its Answer and Affirmative Defenses to the Complaint, all allegations of 

which are denied unless specifically admitted, BLU states as follows: 

NATURE OF THE ACTION 

1. BLU admits that this purports to be an action for patent infringement under Title 

35 of the United States Code. BLU denies that the Plaintiffs are entitled to any relief requested 

against BLU under any theory of recovery. 

THE PARTIES 

2. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 2 and therefore denies all allegations of Paragraph 2. 

3. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 3 and therefore denies all allegations of Paragraph 3. 

4. BLU lacks knowledge or information sufficient to form a belief about the truth of 

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any allegation in Paragraph 4 and therefore denies all allegations of Paragraph 4. 

5. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 5 and therefore denies all allegations of Paragraph 5. 

6. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 6 and therefore denies all allegations of Paragraph 6. 

7. BLU admits the allegations in Paragraph 7. 

8. BLU admits the allegation set forth in the first sentence of Paragraph 8. BLU admits 

that it sells and offers to sell products throughout the United States, including in this judicial 

district. BLU denies the remaining allegations set forth in Paragraph 8. 

JURISDICTION AND VENUE 

9. Paragraph 9 contains legal conclusions to which no response is required. To the 

extent a response is required, BLU admits that this Court has subject matter jurisdiction over patent 

infringement claims. 

10. Paragraph 10 contains legal conclusions to which no response is required. To the 

extent a response is required, BLU admits the allegations set forth in Paragraph 10. 

11. BLU admits the allegations set forth in Paragraph 11. 

ACCUSED INSTRUMENTALITIES

12. BLU admits that it sells and offers for sale, or provides, cellular devices including 

those identified in Paragraph 12. BLU denies the remaining allegations set forth in Paragraph 12. 

13. BLU admits the allegations in Paragraph 13. BLU further states that the referenced 

Exhibit speaks for itself. 

14. BLU admits the allegations in Paragraph 14. BLU further states that the referenced 

Exhibit speaks for itself. 

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15. BLU admits the allegations in Paragraph 15. BLU further states that the referenced 

exhibit speaks for itself. 

BACKGROUND. 

16. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 16 and therefore denies all allegations of Paragraph 16. 

17. BLU admits the allegations in Paragraph 17. 

18. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 18 and therefore denies all allegations of Paragraph 18. 

19. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 19 and therefore denies all allegations of Paragraph 19. 

20. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 20 and therefore denies all allegations of Paragraph 20. 

21. BLU lacks knowledge or information sufficient to form a belief about the truth of 

the allegations in Paragraph 21 and therefore denies all allegations of Paragraph 21. 

22. BLU lacks knowledge or information sufficient to form a belief about the truth of 

the remaining allegations in Paragraph 22 and therefore denies all allegations of Paragraph 22. 

23. BLU admits it received correspondence dated March 22, 2018 from Sisvel. BLU 

lacks knowledge or information sufficient to form a belief about the truth of the allegations set 

forth in the second sentence of Paragraph 23 and therefore denies those allegations. BLU admits 

the allegations set forth in the third sentence of Paragraph 23. BLU denies all remaining allegations 

of Paragraph 23. 

24. BLU denies the allegations set forth in Paragraph 24. 

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COUNT I 

(Infringement of United States Patent No. 7,979,070) 

25. Paragraph 25 of the Complaint incorporates by reference prior allegations. BLU’s 

specific responses to these prior allegations shall serve as its response to this Paragraph.

26. BLU admits that '070 Patent attached to the Complaint speaks for itself. BLU lacks 

knowledge or information sufficient to form a belief about the truth of the remaining allegations 

in Paragraph 26 and therefore denies all allegations of Paragraph 26. 

27. Paragraph 27 contains legal conclusions to which no response is required. To the 

extent a response is required, BLU lacks knowledge or information sufficient to form a belief about 

the truth of any allegation in Paragraph 27 and therefore denies all allegations of Paragraph 27. 

28. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 28 and therefore denies all allegations of Paragraph 28. 

29. BLU denies the allegations in Paragraph 29. 

30. BLU admits that it was made aware of the allegations in the Complaint as early as 

the date of filing the Complaint and denies the remaining allegations in Paragraph 30. 

31. BLU denies the allegations in Paragraph 31. 

32. BLU denies the allegations in Paragraph 32. 

33. BLU admits that the products defined in the Complaint as Accused 

Instrumentalities are marketed and at least some are used in this District. BLU lacks knowledge 

or information sufficient to form a belief about the truth of the remaining allegations in Paragraph 

33 and therefore denies all remaining allegations of Paragraph 33. 

34. BLU denies the allegations in Paragraph 34. 

35. BLU denies the allegations in Paragraph 35. 

36. BLU denies the allegations in Paragraph 36. 

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37. BLU denies the allegations in Paragraph 37. 

38. BLU denies the allegations in Paragraph 38. 

COUNT II 

(Infringement of United States Patent No. 7,869,396) 

39. Paragraph 39 of the Complaint incorporates by reference prior allegations. BLU’s 

specific responses to these prior allegations shall serve as its response to this Paragraph.

40. BLU admits that '396 Patent attached to the Complaint speaks for itself. BLU lacks 

knowledge or information sufficient to form a belief about the truth of the remaining allegations 

in Paragraph 40 and therefore denies all allegations of Paragraph 40. 

41. Paragraph 41 contains legal conclusions to which no response is required. To the 

extent a response is required, BLU lacks knowledge or information sufficient to form a belief about 

the truth of any allegation in Paragraph 41 and therefore denies all allegations of Paragraph 41. 

42. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 42 and therefore denies all allegations of Paragraph 42. 

43. BLU admits that it was made aware of the allegations in the Complaint as early as 

the date of filing the Complaint and denies the remaining allegations in Paragraph 43. 

44. BLU denies the allegations in Paragraph 44. 

45. BLU admits that the products defined in the Complaint as Accused 

Instrumentalities are marketed and at least some are used in this District. BLU lacks knowledge or 

information sufficient to form a belief about the truth of the remaining allegations in Paragraph 45 

and therefore denies all remaining allegations of Paragraph 45. 

46. BLU denies the allegations in Paragraph 46. 

47. BLU denies the allegations in Paragraph 47. 

48. BLU denies the allegations in Paragraph 48. 

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49. BLU denies the allegations in Paragraph 49. 

50. BLU denies the allegations in Paragraph 50. 

COUNT III 

(Infringement of United States Patent No. 8,971,279) 

51. Paragraph 51 of the Complaint incorporates by reference prior allegations. BLU’s 

specific responses to these prior allegations shall serve as its response to this Paragraph.

52. BLU admits that '279 Patent attached to the Complaint speaks for itself. BLU lacks 

knowledge or information sufficient to form a belief about the truth of the remaining allegations 

in Paragraph 52 and therefore denies all allegations of Paragraph 52. 

53. Paragraph 53 contains legal conclusions to which no response is required. To the 

extent a response is required, BLU lacks knowledge or information sufficient to form a belief about 

the truth of any allegation in Paragraph 53 and therefore denies all allegations of Paragraph 53. 

54. BLU lacks knowledge or information sufficient to form a belief about the truth of 

any allegation in Paragraph 54 and therefore denies all allegations of Paragraph 54. 

55. BLU admits that it was made aware of the allegations in the Complaint as early as 

the date of filing the Complaint and denies the remaining allegations in Paragraph 55. 

56. BLU denies the allegations in Paragraph 56. 

57. BLU admits that the products defined in the Complaint as Accused 

Instrumentalities are marketed and at least some are used in this District. BLU lacks knowledge or 

information sufficient to form a belief about the truth of the remaining allegations in Paragraph 57 

and therefore denies all remaining allegations of Paragraph 57. 

58. BLU denies the allegations in Paragraph 58. 

59. BLU denies the allegations in Paragraph 59. 

60. BLU denies the allegations in Paragraph 60. 

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61. BLU denies the allegations in Paragraph 61. 

62. BLU denies the allegations in Paragraph 62. 

PLAINTIFFS' PRAYER FOR RELIEF 

BLU denies that Plaintiffs are entitled to any relief, including that sought in Paragraphs AD in the Prayer for Relief paragraph following Paragraph 62 of the Complaint. 

AFFIRMATIVE DEFENSES 

BLU, by way of affirmative defenses, alleges as follows: 

FIRST AFFIRMATIVE DEFENSE 

Plaintiffs' claims are barred, in whole or in part, because they fail to state a claim upon 

which relief may be granted and/or fails to plead the allegations with sufficient particularity. 

SECOND AFFIRMATIVE DEFENSE 

Plaintiffs' claims are barred because BLU does not infringe and has not infringed any valid 

and enforceable claim of the ’070, ’396, and '279 patents, either literally, or under the doctrine of 

equivalents, directly, by active inducement, or by contributing to infringement by others. 

THIRD AFFIRMATIVE DEFENSE 

One or more of the claims of the ’070, ’396, and '279 patents are invalid for failure to 

satisfy one or more conditions for patentability as set forth in Title 35 of the United States Code, 

including without limitation, for example, 35 U.S.C. §§ 101, 102, 1703, and/or 112. 

FOURTH AFFIRMATIVE DEFENSE 

Plaintiffs' claims are barred pursuant to the doctrine of patent exhaustion. Furthermore, 

Plaintiffs have received full compensation for the allegedly infringing products or sub-components 

of any allegedly infringing products that are supplied, directly or indirectly, to BLU by an entity 

or entities that may have a license to the asserted patents. Accordingly, Plaintiffs are barred from 

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asserting their claims for patent infringement against products used, sold, or offered for sale by 

BLU. 

FIFTH AFFIRMATIVE DEFENSE 

Plaintiffs cannot recover any damages from BLU for alleged infringement of the ’070, 

’396, and '279 patents, and/or the claims of these asserted patents are unenforceable, in whole or 

in part, by the doctrines of laches, estoppel, and/or waiver. On information and belief, Plaintiffs 

and/or their predecessors or affiliates were aware of BLU allegedly infringing products well before 

filing the Complaint and, by not pursuing these claims sooner, any right to assert those claims was 

waived and/or rendered unwarranted due to laches. Such delay was unreasonably long and 

prejudicial to BLU. 

SIXTH AFFIRMATIVE DEFENSE 

Plaintiffs' purported claims for injunctive relief are barred because Plaintiffs are not 

competing with BLU, Plaintiffs are not practicing the alleged inventions of the ’070 and ’396 

patents, Plaintiffs have not suffered irreparable harm, and Plaintiffs have an adequate remedy at 

law (to the extent they are entitled to any remedy, which BLU denies). 

SEVENTH AFFIRMATIVE DEFENSE 

Plaintiffs are barred from obtaining a finding of willfulness or receiving enhanced damages 

because it has failed to set forth facts alleging reprehensible culpability on the part of BLU, which 

is prerequisite for a finding of willfulness and an award of enhanced damages. BLU purchases its 

devices from third-party original design manufacturers believed to have the requisite licensure to 

sell the devices and components within those devices to BLU. BLU respects the intellectual 

property rights of others and is a willing licensee to valid patent owners. 

EIGHTH AFFIRMATIVE DEFENSE 

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Pursuant to 35 U.S.C. § 286, Plaintiffs may not recover money damages for any alleged 

infringement occurring more than six years prior to the filing of this action. Also, because Plaintiffs 

(and any predecessors in interest) failed to comply with the notice provisions of 35 U.S.C. § 287, 

Plaintiffs may not recover damages for any purported infringement occurring prior to filing of this 

action. Moreover, Plaintiffs' recovery of costs is barred by 35 U.S.C. § 288. 

NINTH AFFIRMATIVE DEFENSE 

The claims asserted in the Complaint are barred in whole or in part by equitable estoppel, 

implied license, and/or the doctrine of unclean hands. Plaintiffs have unclean hands in that, prior 

to filing suit, it failed to negotiate a license to any of its asserted patents under terms that are fair, 

reasonable and non-discriminatory. Plaintiffs refused to license, offer to license, or to contemplate 

good faith negotiations toward a license for the asserted patents. Plaintiffs engaged in 

discriminatory, non-FRAND licensing practices. Plaintiffs breached their obligations to license 

each of the asserted patents on FRAND terms, despite BLU's willingness to negotiate a license on 

FRAND terms. 

DEFENDANT’S PRAYER FOR RELIEF 

WHEREFORE, Defendant BLU Products, Inc. respectfully requests that the Court enter 

Judgment in its favor and against Plaintiffs, SISVEL INTERNATIONAL, S.A. and 3G 

LICENSING S.A. 

A. Dismissing with prejudice the Complaint against BLU; 

B. Denying any and all relief sought by Plaintiffs; 

C. Declaring that BLU has not infringed and is not directly or indirectly infringing 

any asserted claim of the ’070, ’396, and '279 patents either literally or under the doctrine of 

equivalents; 

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D. Declaring that the ’070, ’396, and '279 patents are invalid and/or unenforceable; 

E. Declaring that this case is exceptional under 35 U.S.C. § 285 and awarding to 

BLU its attorneys’ fees and costs incurred in connection with this action; and 

F. Such other and further relief as the Court deems just and proper. 

JURY TRIAL DEMAND

BLU respectfully demands a trial by jury of any issues triable by right under Rule 38 of 

the Federal Rules of Civil Procedure. 

Respectfully submitted, 

s/ Yanina Zilberman 

Bernard L. Egozi (Florida Bar No. 152544) 

begozi@egozilaw.com 

Yanina Zilberman (Florida Bar No. 105665) 

yanina@egozilaw.com 

EGOZI & BENNETT, P.A. 

2999 NE 191 Street, Suite 407 

Aventura, Florida 33180 

Telephone: (305) 931-3000 

Counsel for Defendant, BLU Products, Inc.

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CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that a true and correct copy of the foregoing was served by e-mail 

through the CM/ECF system on this 14th day of September, 2020, on all counsel of record. 

 s/ Yanina Zilberman 

Service List

DEVLIN LAW FIRM LLC 

Timothy Devlin, Esq. 

Neil A. Benchell 

1526 Gilpin Avenue 

Wilmington, DE 19806 

Tel.: (302) 449-9010 

Fax: (302) 353-4251 

tdevlin@devlinlawfirm.com 

nbenchell@devlinlawfirm.com 

GRAY ROBINSON, P.A. 

Jorge Espinosa, Esq. 

Francesca Russo, Esq. 

Robert R. Jimenez, Esq. 

333 SE 2nd Avenue, Suite 300 

Miami, FL 33131 

Tel.: 305-416-6880 

Fax: 305-416-6887 

jespinosa@etlaw.com 

frusso@etlaw.com 

rjimenez@etlaw.com 

Counsel for Plaintiff 

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