IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF TEXAS

WACO DIVISION 

NEONODE SMARTPHONE LLC,

Plaintiff,

§

§

§

v. §

§

Civil No. 6:20-cv-00505-ADA

APPLE INC., §

§

JURY TRIAL DEMANDED

Defendant. §

DEFENDANT APPLE INC.’S ANSWER AND AFFIRMATIVE DEFENSES TO 

PLAINTIFF NEONODE SMARTPHONE LCC’S COMPLAINT

Defendant Apple Inc. (“Apple”) files its Answer and Affirmative Defenses to Plaintiff

Neonode Smartphone LLC’s (“Neonode Smartphone” or “Plaintiff”) Complaint.

ANSWER

Apple responds to the allegations contained in the numbered paragraphs of Neonode 

Smartphone’s Complaint below. Apple denies all allegations and characterizations in Neonode 

Smartphone’s Complaint unless expressly admitted in the following paragraphs.

NATURE OF THE ACTION1

1. Apple admits that this is a purported patent infringement action for damages and 

other remedies. To the extent Paragraph 1 of the Complaint implicates legal conclusions, no 

response is required. Apple denies that it infringes or has infringed any claim of the Asserted 

 

1 Apple repeats the headings set forth in the Complaint to simplify comparison of the Complaint 

and this response. In doing so, Apple makes no admissions regarding the substance of the 

headings or any other allegations of the Complaint. Unless otherwise stated, to the extent that a 

particular heading can be construed as an allegation, Apple specifically denies all such 

allegations. Where necessary, Apple makes amendments to Neonode’s headings in brackets.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 1 of 36
2

Patents,

2 directly or indirectly, literally or under the Doctrine of Equivalents. Except as 

specifically admitted and to the extent that a response is required, Apple denies the allegations 

and characterizations contained in Paragraph 1.

2. Apple admits that the first page of U.S. Patent No. 8,095,879 (“the ’879 patent”)

displays January 10, 2012 as its issue date and “User Interface for Mobile Handheld Computer 

Unit” as its title. Apple is without knowledge or information sufficient to form a belief as to the 

truth of any remaining allegations and characterizations in Paragraph 2, and therefore Apple 

denies them.

3. Apple admits that the first page of U.S. Patent No. 8,812,993 (“the ’993 patent”)

displays August 19, 2014 as its issue date and “User Interface” as its title. Apple further admits 

that the first page of the ’993 patent displays “Continuation of application No. 10/315,250, filed 

on Dec. 10, 2002, now Pat. No. 8,095,879.” Apple is without knowledge or information 

sufficient to form a belief as to the truth of any remaining allegations and characterizations in 

Paragraph 3, and therefore Apple denies them.

4. To the extent Paragraph 4 of the Complaint implicates legal conclusions, no 

response is required. Apple denies that it infringes or has infringed any claim of the Asserted 

Patents, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is without 

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

and characterizations in Paragraph 3, and therefore Apple denies them. 

5. To the extent Paragraph 5 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Neonode 

 

2 U.S. Patent Nos. 8,095,879 (“the ’879 patent”) and 8,812,993 (“the ’993 patent”) (collectively, 

“the Asserted Patents”).

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 2 of 36
3

Smartphone purports to seek monetary damages, prejudgment interest, injunctive relief, and 

other relief. Apple denies that it infringes or has infringed any claim of the Asserted Patents, 

directly or indirectly, literally or under the Doctrine of Equivalents. Except as specifically 

admitted and to the extent that a response is required, Apple denies the allegations and 

characterizations contained in Paragraph 5.

PARTIES

6. Apple is without knowledge or information sufficient to form a belief as to the 

truth of the allegations and characterizations in Paragraph 6, and therefore denies them.

7. To the extent Paragraph 7 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it is a 

California corporation. Apple further admits that it has an office located at 12545 Riata Vista 

Circle, Austin, Texas 78727. Apple is without knowledge or information sufficient to form a 

belief as to the truth of any remaining allegations and characterizations in Paragraph 7, and 

therefore Apple denies them.

8. To the extent Paragraph 8 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it has retail 

locations at 2901 S. Capital of Texas Hwy, Austin, Texas 78746 in Barton Creek Square (“Apple 

Barton Creek”) and at 3121 Palm Way, Austin, Texas 78758 in Domain Northside (“Apple 

Domain Northside”). Apple further admits that it offers for sale and sells Apple iPhones at 

Apple Barton Creek and Apple Domain Northside. Apple denies that it infringes or has 

infringed any claim of the Asserted Patents, directly or indirectly, literally or under the Doctrine 

of Equivalents. Except as specifically admitted and to the extent that a response is required, 

Apple denies the allegations and characterizations contained in Paragraph 8.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 3 of 36
4

9. Apple admits that it can be served with process through its registered agent CT 

Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas 75201.

JURISDICTION AND VENUE

10. Apple admits that this is a purported action for patent infringement arising under 

the Patent Laws of the United States, Title 35 of the United States Code. Apple further admits 

that this Court has subject matter jurisdiction over actions for alleged patent infringement 

pursuant to 28 U.S.C. §§ 1331 and 1338(a).

11. Apple does not contest whether personal jurisdiction properly lies over Apple by 

this Court, solely for purposes of this action. Apple admits that it has offices and retail locations

within this District. Apple further admits its website www.apple.com solicits sales of Apple 

products to consumers in this District and in Texas. Apple denies that it infringes or has 

infringed any claim of the Asserted Patents, directly or indirectly, literally or under the Doctrine 

of Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 11.

12. Neonode Smartphone’s venue allegation calls for a legal conclusion and therefore 

no answer is required. Apple admits that it has an office located at 12545 Riata Vista Circle, 

Austin, Texas 78727. Apple admits that it has and continues to offer for sale and sell products 

in this District. Apple further admits that its customers from within this District can access 

Apple’s technical support website at https://support.apple.com/. Apple denies that it infringes or 

has infringed any claim of the Asserted Patents, directly or indirectly, literally or under the 

Doctrine of Equivalents. Apple denies the remaining allegations and characterizations contained 

in Paragraph 12.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 4 of 36
5

THE PATENTS-IN-SUIT

13. Apple is without knowledge or information sufficient to form a belief as to the 

truth of the allegations and characterizations in Paragraph 13 of the Complaint, and therefore 

denies them.

14. Apple is without knowledge or information sufficient to form a belief as to the 

truth of the allegations and characterizations in Paragraph 14 of the Complaint, and therefore 

denies them.

15. To the extent Paragraph 15 of the Complaint implicates legal conclusions, no 

response is required. Apple denies that the allegations and characterizations contained in 

Paragraph 15 constitute a complete and accurate description of the Asserted Patents. Apple 

further denies that the Asserted Patents disclose anything novel or nonobvious, and Apple denies 

that the Asserted Patents claim patent-eligible subject matter. Apple is without knowledge or 

information sufficient to form a belief as to the truth of remaining allegations and 

characterizations in Paragraph 15, and therefore denies them.

16. To the extent Paragraph 16 of the Complaint implicates legal conclusions, no 

response is required. Apple denies that the allegations and characterizations contained in 

Paragraph 16 constitute a complete and accurate description of the Asserted Patents. Apple 

further denies that the Asserted Patents disclose anything novel or nonobvious, and Apple denies 

that the Asserted Patents claim patent-eligible subject matter. Apple is without knowledge or 

information sufficient to form a belief as to the truth of remaining allegations and 

characterizations in Paragraph 16, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 5 of 36
6

APPLE’S [ALLEGED] KNOWLEDGE OF THE PATENTS-IN-SUIT

17. To the extent Paragraph 17 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’879 patent since shortly after January 10, 2012. Apple denies the remaining allegations and 

characterizations contained in Paragraph 17 of the Complaint. 

18. Apple admits that it filed a complaint on February 8, 2012 against Samsung 

Electronics Co., Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications 

America, LLC (collectively, “Samsung”), entitled Apple Inc. v. Samsung Electronics Co., Ltd., et 

al., in the U.S. District Court for the Northern District of California, Case No. 5:12-cv-00630-

LHK (“the Apple v. Samsung litigation”). Apple admits that in the Apple v. Samsung litigation, 

Apple alleged that Samsung had infringed and was infringing certain Apple patents, including 

U.S. Patent No. 8,046,721, entitled “Unlocking a device by performing gestures on an unlock 

image.” Apple is without knowledge or information sufficient to form a belief as to the truth of 

remaining allegations and characterizations in Paragraph 18, and therefore denies them.

19. Apple denies the allegations and characterizations contained in Paragraph 19 of 

the Complaint.

20. To the extent Paragraph 20 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports that an article entitled “Neonode Beat Apple By Three Years With The 

Swipe-To-Unlock Patent” was published on February 22, 2012 in The Tech Journal online at 

https://thetechjournal.com/tech-news/industry-news/neonode-beat-apple-by-three-years-withthe-swipe-to-unlock-patent.xhtml and purports to refer to the article for its content and context. 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 6 of 36
7

Apple is without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 20, and therefore denies them.

21. To the extent Paragraph 21 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Neonode 

Smartphone purports that an article entitled “A Swedish Company Claims It Owns A Swipe 

Patent Used By Apple” was published on February 27, 2012 in The Tech Journal online at 

https://techcrunch.com/2012/02/27/a-swedish-company-claims-it-owns-a-swipe-patent-that-isused-by-apple/ and purports to refer to the article for its content and context. Apple is without 

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

characterizations in Paragraph 21, and therefore denies them.

22. To the extent Paragraph 22 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Neonode 

Smartphone purports that an article entitled “Swedish company claims rights to ‘slide to unlock’ 

with new UI patent” was published on February 28, 2012 in appleinsider online at 

https://appleinsider.com/articles/12/02/28/swedish_company_claims_rights_to_slide_to_unlock_

with_new_ui_patent and purports to refer to the article for its content and context. Apple is 

without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 22, and therefore denies them.

23. To the extent Paragraph 23 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that on or about 

March 19, 2012, Joseph Shain and Thomas Eriksson were deposed by counsel for Motorola 

Mobility, Inc. and Apple in Motorola Mobility, Inc. v. Apple, Inc. in the U.S. District Court for 

the Southern District of Florida, Case No. 1:10-cv-023580. Except as specifically admitted and 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 7 of 36
8

to the extent that a response is required, Apple denies the allegations and characterizations 

contained in Paragraph 23.

24. To the extent Paragraph 24 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’993 patent since shortly after August 19, 2014. Apple denies the remaining allegations and 

characterizations contained in Paragraph 24 of the Complaint.

25. To the extent Paragraph 25 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that on or about 

July 8, 2013, Samsung filed “Samsung’s Reduction of Invalidity References,” Dkt. No. 671, in 

the Apple v. Samsung litigation, and that the filing identified the “Neonode N1 Quickstart Guide 

V0.5” as a reference against U.S. Patent No. 8,046,721 (“the ’721 patent”). Except as 

specifically admitted and to the extent that a response is required, Apple denies the allegations 

and characterizations contained in Paragraph 25. 

26. To the extent Paragraph 26 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that the jury verdict 

form in the Apple v. Samsung litigation, Dkt. No. 1884, indicates that the jury found a claim of 

the ’721 patent was infringed by certain Samsung products and that the patent was not invalid. 

Apple admits that on or about November 25, 2014, Samsung filed a “Notice of Appeal,” Dkt. 

No. 2077, in the Apple v. Samsung litigation, giving notice that the Samsung defendants “appeal 

to the United States Court of Appeals for the Federal Circuit from the final judgment entered 

November 25, 2014 (Dkt. No. 2076), each and every part thereof insofar as adverse to Samsung 

on either Apple Inc.’s claims or Samsung’s counterclaims.” Apple admits that the Federal 

Circuit, in Apple Inc. v. Samsung Elecs. Co., 816 F.3d 788 (Fed. Cir. 2016), reversed the district 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 8 of 36
9

court’s judgment of no invalidity with respect to obviousness of the ’721 patent. Apple admits 

that the Federal Circuit, sitting en banc, in Apple Inc. v. Samsung Elecs. Co., 839 F.3d 1034, 

1039 (Fed. Cir. 2016), affirmed and reinstated the district court’s judgment as to the ’721 patent. 

Apple is without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 26, and therefore denies them.

27. To the extent Paragraph 27 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies the allegations and 

characterizations contained in Paragraph 27.

28. To the extent Paragraph 28 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that in May 2017, 

Joseph Shain of Neonode Inc. exchanged emails with Ms. Denise Kerstein. Apple denies that 

these communications constitute any type of notice of infringement. Apple is without

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

characterizations in Paragraph 28, and therefore denies them.

29. To the extent Paragraph 29 of the Complaint implicates legal conclusions, no 

response is required. Apple is without knowledge or information sufficient to form a belief as to 

the truth of remaining allegations and characterizations in Paragraph 29, and therefore denies 

them.

30. To the extent Paragraph 30 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that on July 21, 

2017, Elaine Wong of Apple sent an email to Mr. Shain. Except as specifically admitted and to 

the extent that a response is required, Apple denies the allegations and characterizations 

contained in Paragraph 30.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 9 of 36
10

THE [ALLEGED] INFRINGING APPLE DEVICES

31. To the extent Paragraph 31 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits iPhone X was 

announced on or about September 12, 2017. Apple admits Neonode Smartphone purports to 

refer to https://www.apple.com/newsroom/2017/09/the-future-is-here-iphone-x/ for its content 

and context. Apple admits Neonode Smartphone purports to show an image the iPhone X 

display and purports to refer to the image for the content and context. Except as specifically 

admitted and to the extent that a response is required, Apple denies the allegations and 

characterizations contained in Paragraph 31. 

32. To the extent Paragraph 32 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits iPhone X was 

released in the United States on or about November 3, 2017. Except as specifically admitted and 

to the extent that a response is required, Apple denies the allegations and characterizations 

contained in Paragraph 32.

33. To the extent Paragraph 33 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that during its 

Worldwide Developer Conference on or about June 2, 2014, it announced the “ability to install 

system-wide, third-party keyboards” on devices running iOS 8, and in connection with that 

announcement, displayed the Swype keyboard application. Apple further admits Neonode 

Smartphone purports to show an image from https://www.youtube.com/watch?v=w87fOAG8fjk

and purports to refer to the image for its content and context. Apple is without knowledge or 

information sufficient to form a belief as to the truth of remaining allegations and 

characterizations in Paragraph 33, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 10 of 36
11

34. To the extent Paragraph 34 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits iOS 8 was initially 

released on or about September 17, 2014. Apple admits Neonode Smartphone purports to show 

an image from https://www.apple.com/my/ios/whats-new/quicktype/ and purports to refer to the 

image for the content and context. Apple is without knowledge or information sufficient to form 

a belief as to the truth of remaining allegations and characterizations in Paragraph 34, and 

therefore denies them.

35. To the extent Paragraph 35 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to refer to https://www.tomsguide.com/us/swype-ios8-keyboard,review2398.html for its content and context. Apple is without knowledge or information sufficient to 

form a belief as to the truth of remaining allegations and characterizations in Paragraph 35, and 

therefore denies them. 

36. To the extent Paragraph 36 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to refer to https://appletoolbox.com/use-quickpath-ipados-keyboardfeature/ for its content and context. Apple admits Neonode Smartphone purports to refer to

https://www.cnet.com/how-to/how-to-use-the-iphones-new-slide-to-type-keyboard-in-ios-13/ for 

its content and context. Apple admits Neonode Smartphone purports to refer to

https://www.groovypost.com/howto/use-quickpath-updated-ios-keyboard/ for its content and 

context. Apple is without knowledge or information sufficient to form a belief as to the truth of 

remaining allegations and characterizations in Paragraph 36, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 11 of 36
12

COUNT I: [ALLEGED] INFRINGEMENT OF THE ’879 PATENT

37. Paragraphs 1-36 of Apple’s Answer are incorporated by reference as if set forth in 

full herein; Apple repeats and incorporates its Answer to Paragraphs 1-36.

38. To the extent Paragraph 38 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 38.

39. To the extent Paragraph 39 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Paragraph 39 

purports to include claim 1 from the ’879 patent. Apple denies that it infringes or has infringed 

any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 39. 

40. To the extent Paragraph 40 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 40. 

41. To the extent Paragraph 41 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 12 of 36
13

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 41.

42. To the extent Paragraph 42 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 42.

43. To the extent Paragraph 43 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 43.

44. To the extent Paragraph 44 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Paragraph 39 

purports to include claim 1 from the ’879 patent. Apple denies that it infringes or has infringed 

any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 44.

45. To the extent Paragraph 45 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 45.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 13 of 36
14

46. To the extent Paragraph 46 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 46.

47. To the extent Paragraph 47 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 47.

48. To the extent Paragraph 48 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 48.

49. To the extent Paragraph 49 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 49.

50. To the extent Paragraph 50 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Paragraph 39 

purports to include claim 1 from the ’879 patent. Apple denies that it infringes or has infringed 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 14 of 36
15

any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 50.

51. To the extent Paragraph 51 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 51.

52. To the extent Paragraph 52 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 52.

53. To the extent Paragraph 53 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 53.

54. To the extent Paragraph 54 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that Paragraph 54 

identifies any device that Apple has sold or offered to sell within the United States. Apple denies 

that it infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or 

under the Doctrine of Equivalents. Except as specifically admitted and to the extent that a 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 15 of 36
16

response is required, Apple denies the allegations and characterizations contained in Paragraph 

54.

55. To the extent Paragraph 55 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it has sold and 

offered for sale Apple iPhones, iPads, and Watches. Apple denies that it infringes or has 

infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 55.

56. To the extent Paragraph 56 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 56, and 

therefore denies them.

57. To the extent Paragraph 57 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 57, and 

therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 16 of 36
17

58. To the extent Paragraph 58 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 58, and 

therefore denies them.

59. To the extent Paragraph 59 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 59, and 

therefore denies them.

60. To the extent Paragraph 60 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 60, and 

therefore denies them. 

61. To the extent Paragraph 61 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partyCase 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 17 of 36
18

developed applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 61, and 

therefore denies them.

62. To the extent Paragraph 62 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 62, and 

therefore denies them.

63. To the extent Paragraph 63 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 63, and 

therefore denies them.

64. To the extent Paragraph 64 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 18 of 36
19

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 64, and 

therefore denies them.

65. To the extent Paragraph 65 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 65, and 

therefore denies them.

66. To the extent Paragraph 66 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple further admits 

that during its Worldwide Developer Conference on June 2, 2014, it announced the “ability to 

install system-wide, third-party keyboards” on devices running iOS 8, and in connection with 

that announcement, displayed the Swype keyboard application. Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 66, and therefore denies them.

67. To the extent Paragraph 67 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 19 of 36
20

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 67, and 

therefore denies them.

68. To the extent Paragraph 68 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 68.

69. To the extent Paragraph 69 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple admits that it 

provides the ability for users of certain Apple products to download and install certain newer 

versions of relevant operating systems. Apple admits Neonode Smartphone purports to refer to 

https://support.apple.com/ios/update for its content and context. Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 69, and therefore denies them.

70. To the extent Paragraph 70 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 70, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 20 of 36
21

71. Neonode Smartphone’s allegation in Paragraph 71 of the Complaint calls for a 

legal conclusion and therefore no answer is required. Apple denies that it infringes or has 

infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 71, and therefore denies them. 

72. To the extent Paragraph 72 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it provides the 

ability for users of certain Apple products to download and install certain newer versions of 

relevant operating systems. Apple admits that Apple’s QuickPath feature is included in iOS 13. 

Apple admits Neonode Smartphone purports to refer to https://support.apple.com/ios/update for 

its content and context. Apple denies that it infringes or has infringed any claim of the ’879 

patent, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is without 

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

characterizations in Paragraph 72, and therefore denies them.

73. To the extent Paragraph 73 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to show a first image from https://www.apple.com/ios/ios-13 that 

purportedly displays the words “QuickPath typing” and “Type by swiping from one letter to the 

next” adjacent to a device and purports to refer to the image for the content and context, 

however, Apple denies that this satisfies any claim limitation. Apple further admits Neonode 

Smartphone purports to show a second image from https://www.apple.com/ios/ios-13 that

purportedly includes the words “QuickPath typing,” “Simply swipe from one letter to the next 

without lifting your finger to enter a word,” and “On-device machine learning recognizes the 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 21 of 36
22

path you draw and converts it for you, making one-handed typing a breeze,” however, Apple 

denies that this satisfies any claim limitation. Apple denies that it infringes or has infringed any 

claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 73.

74. To the extent Paragraph 74 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to show an image from https://www.apple.com/ipados/ that purportedly 

displays the words “QuickPath typing” and “Type by swiping from one letter to the next” 

adjacent to a device and purports to refer to the image for the content and context, however, 

Apple denies that this satisfies any claim limitation. Apple further admits Neonode Smartphone

purports that if a user of the website clicks the “plus” sign located in the lower right corner of the 

image shown in Paragraph 74, text that is purportedly materially identical to that displayed in the 

second image shown in Paragraph 73 purportedly appears, and that Neonode Smartphone 

purports to refer to the image for the content and context, however, Apple denies that this 

satisfies any claim limitation. Apple denies that it infringes or has infringed any claim of the 

’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Except as 

specifically admitted and to the extent that a response is required, Apple denies the allegations 

and characterizations contained in Paragraph 74. 

75. To the extent Paragraph 75 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to show an image of an Apple iPhone with iOS 13 that purportedly 

includes the words “What’s New,” “Swipe to type,” and “To type a word, move from letter to 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 22 of 36
23

letter without lifting your finger” on the device display and purports to refer to the image for the 

content and context, however, Apple denies that this satisfies any claim limitation. Apple admits 

that in certain use case scenarios the display depicted graphically in Paragraph 75 of the 

Complaint may be displayed, however, Apple denies that this satisfies any claim limitation. 

Apple denies that it infringes or has infringed any claim of the ’879 patent, directly or indirectly, 

literally or under the Doctrine of Equivalents. Apple is without knowledge or information 

sufficient to form a belief as to the truth of remaining allegations and characterizations in 

Paragraph 75, and therefore denies them.

76. To the extent Paragraph 76 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to show an image of an Apple device display that purportedly contains a 

notification with the words “TIPS,” “Swipe to type,” and “Learn how to type without lifting a 

finger” and purports to refer to the image for the content and context, however, Apple denies that 

this satisfies any claim limitation. Apple admits that in certain use case scenarios the display 

depicted graphically in Paragraph 76 of the Complaint may be displayed, however, Apple denies 

that this satisfies any claim limitation. Apple is without knowledge or information sufficient to 

form a belief as to the truth of remaining allegations and characterizations in Paragraph 76, and 

therefore denies them.

77. To the extent Paragraph 77 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it has sold 

Apple iPhones and iPads accused of infringement. Apple denies that it infringes or has infringed

any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 23 of 36
24

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 77.

78. To the extent Paragraph 78 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 78.

79. To the extent Paragraph 79 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’879 patent since at least February 22, 2012. Apple denies the remaining allegations and 

characterizations contained in Paragraph 79.

80. To the extent Paragraph 80 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it provides the 

ability for users of certain Apple products to download and install certain newer versions of 

relevant operating systems. Apple admits that third-party-developed applications are available 

for download on Apple’s App Store. Apple further admits that during its Worldwide Developer 

Conference on June 2, 2014, it announced the “ability to install system-wide, third-party 

keyboards” on devices running iOS 8, and in connection with that announcement, displayed third 

party Swype’s keyboard application. Apple denies that it infringes or has infringed any claim of 

the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is 

without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 80, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 24 of 36
25

81. To the extent Paragraph 81 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it provides the 

ability for users of certain Apple products to download and install certain newer versions of 

relevant operating systems. Apple denies that it infringes or has infringed any claim of the ’879 

patent, directly or indirectly, literally or under the Doctrine of Equivalents. Except as 

specifically admitted and to the extent that a response is required, Apple denies the allegations 

and characterizations contained in Paragraph 81.

82. To the extent Paragraph 82 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 82, and 

therefore denies them.

83. To the extent Paragraph 83 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it develops iOS 

and iPadOS operating systems, and provides them for use on certain Apple products. Apple 

denies that it infringes or has infringed any claim of the ’879 patent, directly or indirectly, 

literally or under the Doctrine of Equivalents. Apple is without knowledge or information 

sufficient to form a belief as to the truth of remaining allegations and characterizations in 

Paragraph 83, and therefore denies them.

84. To the extent Paragraph 84 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partyCase 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 25 of 36
26

developed applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 84, and 

therefore denies them.

85. To the extent Paragraph 85 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it develops iOS 

and iPadOS operating systems, and provides them for use on certain Apple products. Apple 

admits that it provides the ability for users of certain Apple products to download and install 

certain newer versions of relevant operating systems. Apple admits that Apple’s QuickPath 

functionality is included in iOS 13. Apple denies that it infringes or has infringed any claim of 

the ’879 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is 

without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 85, and therefore denies them.

86. To the extent Paragraph 86 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that third-partydeveloped applications are available for download on Apple’s App Store. Apple denies that it 

infringes or has infringed any claim of the ’879 patent, directly or indirectly, literally or under 

the Doctrine of Equivalents. Apple is without knowledge or information sufficient to form a 

belief as to the truth of remaining allegations and characterizations in Paragraph 86, and 

therefore denies them.

87. To the extent Paragraph 87 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that it develops iOS 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 26 of 36
27

and iPadOS operating systems, and provides them for use on certain Apple products. Apple 

denies that it infringes or has infringed any claim of the ’879 patent, directly or indirectly, 

literally or under the Doctrine of Equivalents. Apple is without knowledge or information 

sufficient to form a belief as to the truth of remaining allegations and characterizations in 

Paragraph 87, and therefore denies them.

88. Apple is without knowledge or information sufficient to form a belief as to the 

truth of the allegations and characterizations in Paragraph 88 of the Complaint, and therefore 

denies them.

89. To the extent Paragraph 89 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’879 patent since at least February 22, 2012. Apple denies the remaining allegations and 

characterizations contained in Paragraph 89.

90. To the extent Paragraph 90 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that the ’879 patent 

is not invalid and is enforceable. Apple denies the remaining allegations and characterizations 

contained in Paragraph 90.

91. To the extent Paragraph 91 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’879 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 91.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 27 of 36
28

COUNT II: [ALLEGED] INFRINGEMENT OF THE ’993 PATENT

92. Paragraphs 1-91 of Apple’s Answer are incorporated by reference as if set forth in 

full herein; Apple repeats and incorporates its Answer to Paragraphs 1-91.

93. To the extent Paragraph 93 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Except as specifically admitted and to the extent that a response is required, Apple 

denies the allegations and characterizations contained in Paragraph 93.

94. To the extent Paragraph 94 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits that Paragraph 94 

purports to include claim 1 from the ’993 patent. Apple denies that it infringes or has infringed 

any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of Equivalents. 

Except as specifically admitted and to the extent that a response is required, Apple denies the 

allegations and characterizations contained in Paragraph 94.

95. To the extent Paragraph 95 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 95.

96. To the extent Paragraph 96 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 28 of 36
29

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 96.

97. To the extent Paragraph 97 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 97. 

98. To the extent Paragraph 98 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 98.

99. To the extent Paragraph 99 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 99.

100. To the extent Paragraph 100 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 100, and therefore denies them.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 29 of 36
30

101. To the extent Paragraph 101 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 101, and therefore denies them.

102. Neonode Smartphone’s allegation in Paragraph 102 of the Complaint calls for a 

legal conclusion and therefore no answer is required. Apple denies that it infringes or has 

infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple is without knowledge or information sufficient to form a belief as to the 

truth of remaining allegations and characterizations in Paragraph 102, and therefore denies them.

103. To the extent Paragraph 103 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple admits Neonode 

Smartphone purports to show three images from https://support.apple.com/en-us/HT208109 that 

purportedly provide instructions concerning how to “[u]nlock your iPhone or iPad with Face ID” 

and purports to refer to the images for their content and context, however, Apple denies that this 

satisfies any claim limitation. Apple denies that it infringes or has infringed any claim of the 

’993 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Except as

specifically admitted and to the extent that a response is required, Apple denies the allegations 

and characterizations contained in Paragraph 103.

104. Neonode Smartphone’s allegation in Paragraph 104 calls for a legal conclusion 

and therefore no answer is required. Apple denies that it infringes or has infringed any claim of 

the ’993 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 30 of 36
31

without knowledge or information sufficient to form a belief as to the truth of remaining 

allegations and characterizations in Paragraph 104, and therefore denies them.

105. To the extent Paragraph 105 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’993 patent since shortly after August 19, 2014. Apple denies the remaining allegations and 

characterizations contained in Paragraph 105.

106. Neonode Smartphone’s allegation in Paragraph 106 calls for a legal conclusion 

and therefore no answer is required. Apple denies that it infringes or has infringed any claim of 

the ’993 patent, directly or indirectly, literally or under the Doctrine of Equivalents. Apple is 

without knowledge or information sufficient to form a belief as to the truth of remaining

allegations and characterizations in Paragraph 106, and therefore denies them.

107. Apple is without knowledge or information sufficient to form a belief as to the 

truth of the allegations and characterizations in Paragraph 107 of the Complaint, and therefore 

denies them.

108. To the extent Paragraph 108 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it has known of 

the ’993 patent since shortly after August 19, 2014. Apple denies the remaining allegations and 

characterizations contained in Paragraph 108.

109. To the extent Paragraph 109 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that the ’993 patent 

is not invalid and is enforceable. Apple denies the remaining allegations and characterizations 

contained in Paragraph 109.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 31 of 36
32

110. To the extent Paragraph 110 of the Complaint implicates legal conclusions, no 

response is required. To the extent that a response is required, Apple denies that it infringes or 

has infringed any claim of the ’993 patent, directly or indirectly, literally or under the Doctrine of 

Equivalents. Apple denies the remaining allegations and characterizations contained in 

Paragraph 110.

DEMAND FOR JURY TRIAL

111. This paragraph sets forth Plaintiff’s demand for jury trial to which no response is 

required.

PRAYER FOR RELIEF

This section of the Complaint sets forth Neonode Smartphone’s requested relief to which 

no response is required. Apple denies that Neonode Smartphone is entitled to any relief sought

in its Prayer for Relief or otherwise.

AFFIRMATIVE DEFENSES

Pursuant to Federal Rule of Civil Procedure 8(c), Apple, without waiver, limitation, or 

prejudice, hereby asserts the following affirmative defenses:

First Affirmative Defense

(Failure to State a Claim)

1. Neonode’s Complaint fails to state a claim upon which relief may be granted.

Second Affirmative Defense

(Non-Infringement)

2. Neonode Smartphone’s claims are barred in whole or in part because Apple has 

not directly infringed, induced infringement, or contributed to infringement, and does not 

directly infringe, induce infringement, or contribute to infringement, of any valid and 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 32 of 36
33

enforceable claim of the Asserted Patents, either literally or under the Doctrine of Equivalents, 

and has not otherwise committed any acts in violation of 35 U.S.C. § 271.

Third Affirmative Defense

(Invalidity)

3. Neonode Smartphone’s claims are barred in whole or in part because each 

asserted claim of the Asserted Patents is invalid for failure to comply with the requirements of 35 

U.S.C. §§ 101, 102, 103, 112, and/or any other applicable statutory provisions of Title 35 of the 

United States Code.

Fourth Affirmative Defense

(Prosecution History Estoppel)

4. Neonode Smartphone’s claims are barred in whole or in part by reason of 

estoppel.

5. Neonode Smartphone is estopped from construing any valid claim of the Asserted 

Patents to be infringed or to have been infringed, either literally or by application of the Doctrine 

of Equivalents, by any product made, used, imported, sold, or offered for sale by Apple in view 

of prior art and/or because of admissions, representations, and/or statements made to the Patent 

Office during prosecution of any application leading to the issuance of the Asserted Patents or 

any related patent, because of disclosures or language in the specifications of the Asserted 

Patents, and/or because of limitations in the claims of the Asserted Patents.

Fifth Affirmative Defense

(Limitation of Remedies)

6. Neonode Smartphone’s remedies are limited under 28 U.S.C. § 1498(a). Apple is 

not liable to the extent the accused devices were used or manufactured by or for the United 

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 33 of 36
34

States, or to the extent accused activities were undertaken on behalf of the United States, 

according to at least 28 U.S.C. § 1498.

Sixth Affirmative Defense

(Limitation on Damages)

7. To the extent that Neonode Smartphone and/or any predecessors in interest or any 

licensees to the Asserted Patents failed to properly mark any of their relevant products or 

materials as required by 35 U.S.C. § 287, or otherwise failed to give proper notice that Apple’s 

actions allegedly infringe the Asserted Patents, Apple is not liable to Neonode Smartphone for 

the acts alleged to have been performed before Apple received actual notice that the accused 

devices were allegedly infringing the Asserted Patents.

Seventh Affirmative Defense

(Unclean Hands / Equitable Estoppel / Acquiescence / Waiver)

8. Neonode Smartphone’s attempted enforcement of the Asserted Patents against 

Apple is barred by unclean hands, equitable estoppel, acquiescence, and/or waiver.

Eighth Affirmative Defense

(Adequate Remedy Other Than Injunctive Relief)

9. Neonode Smartphone is not entitled to injunctive relief, as, at a minimum, it has 

no irreparable injury, it has an adequate remedy at law for Apple’s alleged infringement, the 

balance of hardships do not tip in its favor, and the public interest would be disserved by an 

injunction.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 34 of 36
35

Ninth Affirmative Defense

(Ensnarement of Prior Art)

10. To the extent that Neonode Smartphone alleges that Apple infringes the Asserted 

Patents by equivalents, Neonode Smartphone’s claims for relief are barred, in whole or in part, 

by ensnaring the prior art.

Tenth Affirmative Defense

(Lack of Standing)

11. Upon information and belief, Neonode Smartphone lacks standing to sue for 

infringement of, or assert any rights in, the Asserted Patents.

Eleventh Affirmative Defense

(Statute of Limitations)

12. To the extent Neonode Smartphone seeks recovery for any alleged infringement 

committed more than six years prior to filing of the Complaint, such recovery is barred by 35 

U.S.C. § 286.

RESERVATION OF ALL AFFIRMATIVE DEFENSES

Apple hereby gives notice that it intends to rely upon any other matter constituting an 

avoidance or affirmative defense as set forth in Rule 8(c) of the Federal Rules of Civil 

Procedure, and that it reserves the right to seek leave to amend this Answer to add to, amend, 

withdraw, or modify these defenses as its investigation continues and as discovery may require.

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 35 of 36
36

Date: September 4, 2020

By:

Respectfully submitted,

FISH & RICHARDSON P.C.

/s/ Betty Chen

Betty Chen

Texas Bar Number 24056720

bchen@fr.com

FISH & RICHARDSON P.C.

500 Arguello Street, Suite 500

Redwood City, CA 94063

Telephone: 650-839-5070

Facsimile: 650-839-5071

COUNSEL FOR DEFENDANT APPLE INC.

CERTIFICATE OF SERVICE

The undersigned hereby certifies that a true and correct copy of the above and foregoing 

document has been served on September 4, 2020 to all counsel of record who are deemed to have 

consented to electronic service via the Court’s CM/ECF system per Local Rule CV-5(b)(1). 

/s/ Betty Chen

Case 6:20-cv-00505-ADA Document 14 Filed 09/04/20 Page 36 of 36