UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

HEADWATER’S ANSWER TO VERIZON’S COUNTERCLAIMS

Plaintiff and Counterclaim-Defendant Headwater Research LLC (“Headwater”) hereby 

answers Defendants and Counterclaimant-Plaintiffs’ Verizon Communications Inc., Cellco 

Partnership, d/b/a Verizon Wireless, and Verizon Corporate Services Group Inc. (collectively, 

“Verizon” or “Defendants and Counterclaim-Plaintiff”), counterclaims as follows:

THE PARTIES

1. Headwater does not have knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 1 and on that basis: denied.

2. Headwater does not have knowledge or information sufficient to form a belief as to 

the truth of the allegations contained in Paragraph 1 and on that basis: denied.

3. Admitted.

JURISDICTION AND VENUE

4. Admitted.

5. Admitted.

HEADWATER RESEARCH LLC, 

 Plaintiff and Counterclaim-Defendant,

v.

VERIZON COMMUNICATIONS INC., 

CELLCO PARTNERSHIP, D/B/A VERIZON 

WIRELESS, VERIZON CORPORATE 

SERVICES GROUP INC.,

 Defendants and Counterclaimant-Plaintiffs.

Case No. 2:23-CV-00352-JRG-RSP

ANSWER TO COUNTERCLAIMS

JURY TRIAL DEMANDED

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 1 of 8 PageID #: 603
2

6. Admitted.

7. Headwater admits that it has sued Verizon for infringement of the ’541 Patent, ’543 

Patent, ’042 Patent, or ’613 Patent and that there is a substantial, actual, and continuing controversy 

between Headwater and Verizon as to the infringement of the asserted patents. Headwater denies 

the remaining allegations of paragraph 7.

COUNT 1

(Declaratory Judgment of Non-Infringement of the ’541 Patent)

8. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

9. Denied.

10. Denied.

COUNT 2

(Declaratory Judgment of Invalidity of the ’541 Patent)

11. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

12. Denied.

13. Denied.

COUNT 3

(Declaratory Judgment of Non-Infringement of the ’543 Patent)

14. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

15. Denied.

16. Denied.

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 2 of 8 PageID #: 604
3

COUNT 4

(Declaratory Judgment of Invalidity of the ’543 Patent)

17. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

18. Denied.

19. Denied.

COUNT 5

(Declaratory Judgment of Non-Infringement of the ’042 Patent)

20. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

21. Denied.

22. Denied.

COUNT 6

(Declaratory Judgment of Invalidity of the ’042 Patent)

23. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

24. Denied.

25. Denied.

COUNT 7

(Declaratory Judgment of Non-Infringement of the ’613 Patent)

26. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

27. Denied.

28. Denied.

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 3 of 8 PageID #: 605
4

COUNT 8

(Declaratory Judgment of Invalidity of the ’613 Patent)

29. Headwater incorporates the preceding paragraphs by reference, as though fully set 

forth herein.

30. Denied.

31. Denied.

PRAYER FOR RELIEF

In response to Verizon’s prayer for relief, Headwater denies that Verizon is entitled to any 

relief, including any of the relief requested in paragraphs A–E of Verizon’s prayer for relief. 

Further, Headwater requests the following relief:

WHEREFORE, Headwater respectfully requests that this Court enter:

a. A judgment in favor of Headwater that Verizon has infringed, either directly or 

indirectly, literally, under the doctrine of equivalents, or otherwise, the ’541 Patent, the ’543 Patent, 

the ’042 Patent, and the ’613 Patent;

b. A permanent injunction prohibiting Verizon from further acts of infringement of 

the ’541 Patent, the ’543 Patent, the ’042 Patent, and the ’613 Patent;

c. A judgment and order requiring Verizon to pay Headwater its damages, enhanced 

damages, costs, expenses, and pre-judgment and post-judgment interest for Verizon’s

infringement of the ’541 Patent, the ’543 Patent, the ’042 Patent, and the ’613 Patent;

d. A judgment and order requiring Verizon to provide accountings and to pay 

supplemental damages to Headwater, including without limitation, pre-judgment and postjudgment interest;

e. A judgment and order finding that this is an exceptional case within the meaning 

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 4 of 8 PageID #: 606
5

of 35 U.S.C. § 285 and awarding to Headwater its reasonable attorneys’ fees against Verizon; and

f. Any and all other relief as the Court may deem appropriate and just under the 

circumstances.

JURY DEMAND

Headwater, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury 

of any issues so triable by right.

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 5 of 8 PageID #: 607
6

Dated: October 31, 2023 Respectfully submitted,

/s/ Marc Fenster

Marc Fenster

CA State Bar No. 181067

Email: mfenster@raklaw.com

Reza Mirzaie

CA State Bar No. 246953

Email: rmirzaie@raklaw.com

Brian Ledahl

CA State Bar No. 186579

Email: bledahl@raklaw.com

Ben Wang

CA State Bar No. 228712

Email: bwang@raklaw.com

Dale Chang

CA State Bar No. 248657

Email: dchang@raklaw.com 

Paul Kroeger

CA State Bar No. 229074

Email: pkroeger@raklaw.com

Neil A. Rubin

CA State Bar No. 250761

Email: nrubin@raklaw.com

Kristopher Davis

CA State Bar No. 329627

Email: kdavis@raklaw.com

James S. Tsuei

CA State Bar No. 285530

Email: jtsuei@raklaw.com

Philip Wang

CA State Bar No. 262239

Email: pwang@raklaw.com

Amy Hayden

CA State Bar No. 287026

Email: ahayden@raklaw.com

Jason M. Wietholter

CA State Bar No. 337139

Email: jwietholter@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Blvd. 12th Floor

Los Angeles, CA 90025

Telephone: 310-826-7474

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 6 of 8 PageID #: 608
7

ATTORNEYS FOR PLAINTIFF AND 

COUNTERCLAIM-DEFENDANT,

Headwater Research LLC

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 7 of 8 PageID #: 609
8

CERTIFICATE OF SERVICE

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

service are being served this 31st day of October 2023, with a copy of this document via the Court’s 

CM/ECF system per Local Rule CV-5(a)(3).

/s/ Marc Fenster

Marc Fenster

Case 2:23-cv-00352-JRG-RSP Document 43 Filed 10/31/23 Page 8 of 8 PageID #: 610