UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

VIRTAMOVE, CORP.,

Plaintiff,

v.

HEWLETT PACKARD ENTERPRISE 

COMPANY,

Defendant.

Case No. 2:24-cv-00093-JRG-RSP

(Lead Case)

JURY TRIAL DEMANDED

VIRTAMOVE, CORP.,

Plaintiff,

v.

INTERNATIONAL BUSINESS MACHINES 

CORP.,

Defendant.

Case No. 2:24-CV-00064-JRG-RSP

(Member Case)

JURY TRIAL DEMANDED

PLAINTIFF’S ANSWER TO DEFENDANT’S COUNTERCLAIMS

Plaintiff VirtaMove, Corp. (“VirtaMove” or “Plaintiff”) hereby answers Defendant 

Hewlett Packard Enterprise Company’s (“HPE” or “Defendant”) counterclaims as follows:

BACKGROUND

1. Admit. 

2. Admit.

3. Deny.

4. Deny. 

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PARTIES

5. Admit.

6. Admit.

JURISDICTION AND VENUE

7. Admit that Defendant’s counterclaims arise under the patent laws of the United 

States and that Defendant seeks certain declaratory relief. Admit that this Court has jurisdiction 

over the subject matter of Defendant’s counterclaims. Deny that Defendant is entitled to any such 

relief. Deny any other allegations in this paragraph. 

8. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

9. Admit that this Court has personal jurisdiction over VirtaMove in this action. Deny 

any other allegations in this paragraph. 

10. Admit.

COUNT I – DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 

’814 PATENT

11. VirtaMove realleges Paragraphs 1-10 as though fully set forth herein. 

12. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph. 

13. Deny.

14. Admit that the Third Amended Complaint accuses Defendant of infringing the ’814 

Patent. Deny any other allegations in this paragraph. 

15. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

16. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

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entitled to any such relief. Deny any other allegations in this paragraph. 

COUNT II – DECLARATORY JUDGMENT OF NON-INFRINGEMENT OF THE 

’058 PATENT

17. VirtaMove realleges Paragraphs 1-16 as though fully set forth herein. 

18. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph. 

19. Deny.

20. Admit that the Third Amended Complaint accuses Defendant of infringing the ’058 

Patent. Deny any other allegations in this paragraph. 

21. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

22. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph. 

COUNT III – DECLARATORY JUDGMENT OF INVALIDITY OF THE ’814 PATENT

23. VirtaMove realleges Paragraphs 1-22 as though fully set forth herein. 

24. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph. 

25. Deny.

26. Admit that the Third Amended Complaint accuses Defendant of infringing the ’814 

Patent. Deny any other allegations in this paragraph. 

27. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

28. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

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COUNT IV – DECLARATORY JUDGMENT OF INVALIDITY OF THE ’058 PATENT

29. VirtaMove realleges Paragraphs 1-28 as though fully set forth herein. 

30. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph. 

31. Deny.

32. Admit that the Third Amended Complaint accuses Defendant of infringing the ’058 

Patent. Deny any other allegations in this paragraph. 

33. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

34. Admit that Defendant seeks certain declaratory relief. Deny that Defendant is 

entitled to any such relief. Deny any other allegations in this paragraph.

DEMAND FOR JURY TRIAL

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

PRAYER FOR RELIEF

In response to HPE’s prayer for relief, VirtaMove denies that HPE is entitled to any relief, 

including any of the relief requested in paragraphs A-G of HPE’s prayer for relief or in HPE’s 

Demand for Jury Trial. Further, VirtaMove requests the following relief:

WHEREFORE, VirtaMove respectfully requests that this Court enter:

A. A judgment in favor of Plaintiff on all counterclaims asserted by Defendant;

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

including, without limitation, any fine or damages;

C. A dismissal with prejudice of Defendant’s counterclaims;

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

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

Defendant; 

E. Plaintiff’s costs of suit against Defendant; and

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

circumstances.

Dated: November 26, 2024 Respectfully submitted,

/s/ Daniel Kolko

Reza Mirzaie (CA SBN 246953)

rmirzaie@raklaw.com 

Marc A. Fenster (CA SBN 181067)

mfenster@raklaw.com 

Neil A. Rubin (CA SBN 250761)

nrubin@raklaw.com 

Amy E. Hayden (CA SBN 287026)

ahayden@raklaw.com 

Christian W. Conkle (CA SBN 306374)

cconkle@raklaw.com 

Jonathan Ma (CA SBN 312773)

jma@raklaw.com 

Daniel Kolko (CA SBN 341680)

dkolko@raklaw.com

RUSS AUGUST & KABAT

12424 Wilshire Boulevard, 12th Floor

Los Angeles, CA 90025

Telephone: (310) 826-7474

Qi (Peter) Tong (TX SBN 24119042)

ptong@raklaw.com

RUSS AUGUST & KABAT

4925 Greenville Ave, Suite 200

Dallas, TX 75206

Attorneys for Plaintiff VirtaMove, Corp.

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CERTIFICATE OF SERVICE

I certify that on November 26, 2024, a true and correct copy of the foregoing document 

was electronically filed with the Court and served on all parties of record via the Court’s 

CM/ECF system.

/s/ Daniel Kolko

 Daniel Kolko

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