UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

XR COMMUNICATIONS, LLC, dba

VIVATO TECHNOLOGIES,

Plaintiff,

v.

VERIZON COMMUNICATOINS INC., 

CELLCO PARTNERSHIP D/B/A 

VERIZON WIRELESS, 

Defendants,

NOKIA OF AMERICA CORPORATION,

Intervenor.

Case No. 2:23-cv-00470-JRG-RSP

(Lead Case)

JURY TRIAL DEMANDED

PLAINTIFF XR COMMUNICATIONS, LLC’S ANSWER TO 

INTERVENOR NOKIA OF AMERICA CORPORATION’S 

COUNTERCLAIMS (DKT. NO. 38)

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Plaintiff XR Communications, LLC dba Vivato Technologies (“XR” or “Plaintiff”) 

hereby answers the Counterclaims of Intervenor Nokia of America Corporation (“Nokia” or 

“Intervenor”) (Dkt. No. 38) as follows:

PARTIES

1. Admitted.

2. Admitted.

3. Admitted

JURISDICTION AND VENUE

4. Admitted.

5. Admitted.

6. Plaintiff admits that venue is proper in this district over Plaintiff’s claims and 

Intervenor’s counterclaims. Except as expressly admitted, Plaintiff denies the allegations of 

Paragraph 6.

NATURE OF THE ACTION

7. Admitted.

8. Admitted.

9. Plaintiff lacks information or belief to either admit or deny the allegations of 

Paragraph 9 and denies the allegations on that basis.

10. Plaintiff admits that the allegations of Intervenor’s counterclaims speak for 

themselves. Except as expressly admitted, Plaintiff denies the allegations of Paragraph 10. 

11. Plaintiff admits that the allegations of Intervenor’s counterclaims speak for 

themselves. Except as expressly admitted, Plaintiff denies the allegations of Paragraph 11. 

12. Paragraph 12 of the counterclaims is unintelligible. To the extent a response is 

required, Plaintiff denies the allegations of Paragraph 12.

First Counterclaim

Declaratory Judgment of Non-Infringement of the ’256 Patent

13. Plaintiff incorporates by reference the responses to the paragraphs above.

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14. Plaintiff admits that the allegations of its Complaint speak for themselves. Except 

as expressly admitted, Plaintiff denies the allegations of Paragraph 14.

15. Admitted.

16. Denied.

17. Admitted.

18. Paragraph 18 is a statement of the relief sought by Intervenor and requires no 

response. To the extent a response is required, Plaintiff denies the allegations.

Second Counterclaim

Declaratory Judgment of Non-Infringement of the ’569 Patent

19. Plaintiff incorporates by reference the responses to the paragraphs above.

20. Plaintiff admits that the allegations of its Complaint speak for themselves. Except 

as expressly admitted, Plaintiff denies the allegations of Paragraph 20.

21. Admitted.

22. Denied.

23. Admitted.

24. Paragraph 24 is a statement of the relief sought by Intervenor and requires no 

response. To the extent a response is required, Plaintiff denies the allegations.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief with respect to Intervenor’s

counterclaims:

A. A dismissal with prejudice of Intervenor’s counterclaims;

B. An adjudication that Intervenor is not entitled to any relief on its counterclaims, 

including, without limitation, any fine or damages; and

C. Costs and such further relief to which Plaintiff is entitled, and which the Court 

deems just and equitable.

DEMAND FOR JURY TRIAL

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

Dated: February 13, 2024 Respectfully submitted,

/s/ Reza Mirzaie

Reza Mirzaie

RUSS AUGUST & KABAT

12424 Wilshire Blvd., 12th Floor

Los Angeles, California 90025

Telephone: (310) 826-7474

Facsimile: (310) 826-6991

Attorneys for Plaintiff

XR Communications, LLC dba Vivato 

Communications

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CERTIFICATE OF SERVICE

I hereby certify that the counsel of record who are deemed to have consented to

electronic service are being served on February 13, 2024 with a copy of this document via the 

Court’s ECF system.

DATED: February 13, 2024 Respectfully submitted,

By: /s/ Reza Mirzaie

 Reza Mirzaie

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