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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

SABLE NETWORKS, INC. AND 

SABLE IP, LLC,

 Plaintiffs,

v.

DELL TECHNOLOGIES INC., DELL INC., AND 

EMC CORPORATION,

 Defendants.

Civil Action No. 6:20-cv-00569-ADA

PLAINTIFFS SABLE NETWORKS, INC. AND SABLE IP, LLC’S 

ANSWER TO THE COUNTERCLAIMS OF DEFENDANTS

DELL TECHNOLOGIES INC., DELL INC., AND EMC CORPORATION

Plaintiffs Sable Networks, Inc. and Sable IP, LLC (collectively, “Sable”), by and through 

its undersigned counsel, hereby submits its Answer to the Counterclaims of Defendants Dell 

Technologies Inc., Dell Inc., and EMC Corporation (collectively, “Dell”), in numbered paragraph 

order corresponding to the numbered paragraphs of Dell’s counterclaims against Sable (“the 

Counterclaims”).

NATURE AND BASIS OF ACTION

Sable admits that Dell has brought counterclaims under the Federal Declaratory 

Judgment Act, 28 U.S.C. § 2201, et seq., and the Patent Act of the United States, 35 U.S.C. § 1, et 

seq. Sable admits that Dell requests declarations that: (i) it does not infringe any valid, enforceable 

claim of U.S. Patent Nos. 6,977,932 (the “’932 patent”), 7,428,209 (the “’209 patent”), 7,630,358 

(the “’358 patent”), and 8,243,593 (the “’593 patent”) (collectively, the “Asserted Patents”), and 

(ii) the claims of the Asserted Patents are invalid. Sable denies that Dell is entitled to any relief 

under its counterclaims.

Case 6:20-cv-00569-ADA Document 34 Filed 10/16/20 Page 1 of 6
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THE PARTIES

Admitted.

Admitted.

Admitted.

Admitted.

Admitted.

JURISDICTION AND VENUE

Sable admits that this Court has jurisdiction over the subject matter of this action 

and jurisdiction over Dell’s Counterclaims. Sable denies that Dell is entitled to any relief relating 

to its defenses and denials.

Sable admits that personal jurisdiction and venue are proper in this District. Sable 

denies that Dell is entitled to any relief relating to its defenses and denials, and Sable denies that 

Dell is entitled to any relief relating to any request to seek transfer of venue under 28 U.S.C. § 

1404(a).

FACTUAL ALLEGATIONS

Admitted.

Denied.

Denied.

FIRST COUNTERCLAIM

(Declaratory Judgment of Non-Infringement)

Sable incorporates its responses to paragraphs 1-11 as if fully set forth herein.

Denied. 

Admitted. 

Denied.

Admitted that Dell seeks a declaration by the Court that Dell has not infringed, and 

does not directly or indirectly infringe, literally or under the doctrine of equivalents, any valid and 

enforceable claim of the Asserted Patents. Sable denies that Dell is entitled to any such declaration.

Case 6:20-cv-00569-ADA Document 34 Filed 10/16/20 Page 2 of 6
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SECOND COUNTERCLAIM

(Declaratory Judgment of Invalidity)

Sable incorporates its responses to paragraphs 1-16 as if fully set forth herein.

Denied. 

Admitted.

Denied.

Admitted that Dell seeks a declaration by the Court that the Asserted Patents are 

invalid for failing to meet the conditions for patentability in 35 U.S.C. § 1, et seq. Sable denies 

that Dell is entitled to any such declaration.

GENERAL DENIAL

Sable denies that Dell is entitled to judgment, or any such other relief, from the Court or 

from Sable. By way of further answer, Sable denies all other allegations contained in the 

Counterclaims that are not otherwise expressly admitted herein.

DEMAND FOR JURY TRIAL

Sable demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Sable respectfully prays that this Court will:

A. Dismiss Dell’s counterclaims against Sable with prejudice;

B. Hold that Dell is not entitled to any relief, whether in law, equity, or otherwise, on 

its counterclaims against Sable;

C. Declare that Dell has infringed and does infringe one or more claims of U.S. 

Patent No. 6,977,932;

D. Declare that Dell has infringed and does infringe one or more claims of U.S. 

Patent No. 7,428,209;

E. Declare that Dell has infringed and does infringe one or more claims of U.S. 

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Patent No. 7,630,358;

F. Declare that Dell has infringed and does infringe one or more claims of U.S. 

Patent No. 8,243,593;

G. Declare that the claims of U.S. Patent No. 6,977,932 are valid and enforceable;

H. Declare that the claims of U.S. Patent No. 7,428,209 are valid and enforceable;

I. Declare that the claims of U.S. Patent No. 7,630,358 are valid and enforceable;

J. Declare that the claims of U.S. Patent No. 8,243,593 are valid and enforceable;

K. Declare that this is an exceptional case under 35 U.S.C. § 285 entitling Sable to its 

reasonable attorney fees, expenses, and costs in this action;

L. Award Sable any other relief, in law and in equity, to which the Court finds Sable

is justly entitled.

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Dated: October 16, 2020

Respectfully submitted,

/s/ Daniel P. Hipskind____________________

Elizabeth L. DeRieux

State Bar No. 05770585

Capshaw DeRieux, LLP

114 E. Commerce Ave.

Gladewater, TX 75647

Telephone: (903) 845-5770

Email: ederieux@capshawlaw.com

Dorian S. Berger (CA SB No. 264424)

Daniel P. Hipskind (CA SB No. 266763)

BERGER & HIPSKIND LLP

9538 Brighton Way, Suite 320

Beverly Hills, CA 90210

Telephone: 323-886-3430

Facsimile: 323-978-5508

E-mail: dsb@bergerhipskind.com

E-mail: dph@bergerhipskind.com

Attorneys for Sable Networks, Inc. and 

Sable IP, LLC

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CERTIFICATE OF SERVICE

I hereby certify that on this 16th day of October, 2020 I electronically filed the foregoing 

document with the Clerk of Court using the CM/ECF system, which will automatically send 

notification of such filing upon Counsel of Record.

/s/ Daniel P. Hipskind 

 Daniel P. Hipskind

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