IN THE UNITED STATES DISTRICT COURT 

FOR THE EASTERN DISTRICT OF TEXAS 

MARSHALL DIVISION 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

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Case No. 2:24-cv-00015-JRG-RSP 

(Lead Case) 

Jury Trial Demanded 

T-MOBILE USA, INC. AND SPRINT LLC, 

Defendants and Counterclaimant-Plaintiffs. 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

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Case No. 2:24-cv-00016-JRG-RSP 

(Member Case) 

Jury Trial Demanded 

AT&T SERVICES, INC., AT&T MOBILITY 

LLC AND AT&T CORP., 

Defendants and Counterclaimant-Plaintiffs. 

HEADWATER PARTNERS II LLC, 

Plaintiff and Counterclaim-Defendant, 

vs. 

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Case No. 2:24-cv-00007-JRG-RSP 

Jury Trial Demanded 

CELLCO PARTNERSHIP, D/B/A VERIZON 

WIRELESS, AND VERIZON CORPORATE 

SERVICES GROUP INC., 

Defendants and Counterclaimant-Plaintiffs. 

DEFENDANT’S ANSWER IN INTERVENTION 

Intervenor Nokia of America Corporation (“Nokia”), by and through its undersigned 

counsel, hereby submits the following Answer in Intervention to the January 5, 2024 Complaint 

Case 2:24-cv-00007-JRG-RSP Document 49 Filed 07/17/24 Page 1 of 11 PageID #: 504
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(DE 1) (“Complaint”) of Plaintiff Headwater Partners II LLC (“Headwater”) in the above-titled 

action, Headwater Partners II LLC v. Cellco Partnership d/b/a Verizon Wireless, et al., Case No. 

2:24-cv-00007 (E.D. Tex., filed Jan. 5, 2024): 

SCOPE OF DEFENDANT’S ANSWER IN INTERVENTION 

Nokia’s intervention in this case is limited to defending claims arising from Defendants 

Cellco Partnership d/b/a Verizon Wireless and Verizon Corporate Services Group Inc.’s 

(“Verizon”) use of Nokia products. To the extent a response is required to allegations outside of 

this scope, Nokia is without knowledge or information sufficient to form a belief as to the truth of 

such allegations and therefore denies them. Nokia’s use of headings in this Answer in Intervention 

is for convenience only and are not admissions as to any of Headwater’s allegations in the 

Complaint. 

BACKGROUND 

1. Nokia admits that Headwater purports to allege in the Complaint that Verizon has 

infringed United States Patent Nos. 9,094,868 (the “‘868 Patent”) and 9,413,502 (the “’502 

Patent”) (collectively, the “Patents-in-Suit”). 

2. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

3. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

4. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

5. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

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

of the allegations set forth in this Paragraph and therefore denies them. 

7. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

8. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

9. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

10. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

11. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

12. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

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

of the allegations set forth in this Paragraph and therefore denies them. 

14. Denied with respect to Nokia products. Nokia is without knowledge or 

information sufficient to form a belief as to the truth of the remaining allegations set forth in this 

Paragraph and therefore denies them. 

PLAINTIFF HEADWATER AND THE PATENTS-IN-SUIT 

15. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

16. Nokia admits that on its face, the ’868 Patent is entitled “User equipment link 

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quality estimation based on positioning” and issued on July 28, 2015. Nokia admits that Exhibit 

1 of the Complaint appears to be an accurate reproduction of the ’868 Patent. Nokia is without 

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

forth in this Paragraph and therefore denies them. 

17. Nokia denies that the ’502 Patent is entitled, “Service design center for device 

assisted services” – it is instead entitled, “Backhaul assisted by user equipment” and issued on 

August 9, 2016. Nokia admits that Exhibit 2 of the Complaint appears to be an accurate 

reproduction of the ’502 Patent. Nokia is without knowledge or information sufficient to form a 

belief as to the truth of the remaining allegations set forth in this Paragraph and therefore denies 

them. 

DEFENDANTS AND THE ACCUSED INSTRUMENTALITIES 

18. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

19. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

20. Nokia admits that Headwater purports to accuse “4G LTE and 5G base stations, 

nodes, and related network equipment and services, including those described in Exhibits 3 and 4, 

made, used, offered for sale, sold, and/or imported by Verizon in the United States” (the “Accused 

Instrumentalities”). 

JURISDICTION AND VENUE 

21. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia admits that Headwater purports to allege a claim for 

patent infringement in the Complaint. Nokia is without knowledge or information sufficient to 

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form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

22. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

23. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

24. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

25. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

26. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

27. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

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through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

28. Nokia is without knowledge or information sufficient to form a belief as to the truth 

of the allegations set forth in this Paragraph and therefore denies them. 

COUNT 1 – CLAIM FOR INFRINGEMENT OF THE ’868 PATENT 

29. Nokia incorporates by reference each response contained in Paragraphs 1 through 

28 of this Answer in Intervention as though fully set forth herein. 

30. Nokia denies that the ’868 Patent is entitled, “Device-assisted services for 

protecting network capacity” – it is instead entitled, “User equipment link quality estimation based 

on positioning” and it was issued by the United States Patent Office on July 28, 2015. Nokia admits 

that Exhibit 1 of the Complaint appears to be an accurate reproduction of the ’868 Patent. 

31. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia is without knowledge or information sufficient to 

form a belief as to the truth of the allegations set forth in this Paragraph and therefore denies them. 

32. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia is without knowledge or information sufficient to 

form a belief as to the truth of the allegations set forth in this Paragraph and therefore denies them. 

33. Denied with respect to Nokia products. Nokia is without knowledge or information 

sufficient to form a belief as to the truth of the remaining allegations set forth in this Paragraph 

and therefore denies them. 

34. Denied with respect to Nokia products. Nokia is without knowledge or information 

sufficient to form a belief as to the truth of the remaining allegations set forth in this Paragraph 

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and therefore denies them. 

35. Denied with respect to Nokia products. Nokia is without knowledge or information 

sufficient to form a belief as to the truth of the remaining allegations set forth in this Paragraph 

and therefore denies them. 

36. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

COUNT 2 – CLAIM FOR INFRINGEMENT OF THE ’502 PATENT 

37. Nokia incorporates by reference each response contained in Paragraphs 1 through 

36 of this Answer in Intervention as though fully set forth herein. 

38. Nokia admits that on its face, the ’502 Patent issued on August 9, 2016 and is 

entitled “Backhaul assisted by user equipment.” Nokia admits that Exhibit 2 of the Complaint 

appears to be an accurate reproduction of the ’502 Patent. 

39. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia is without knowledge or information sufficient to 

form a belief as to the truth of the allegations set forth in this Paragraph and therefore denies them. 

40. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia is without knowledge or information sufficient to 

form a belief as to the truth of the allegations set forth in this Paragraph and therefore denies them. 

41. Denied with respect to Nokia products. Nokia has never made, used, sold or 

deployed base stations that support Integrated Access Backhaul (IAB) in any commercial network. 

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

remaining allegations set forth in this Paragraph and therefore denies them. 

42. Denied with respect to Nokia products. Nokia has never made, used, sold or 

deployed base stations that support Integrated Access Backhaul (IAB) in any commercial network. 

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

remaining allegations set forth in this Paragraph and therefore denies them. 

43. Denied with respect to Nokia products. Nokia has never made, used, sold or 

deployed base stations that support Integrated Access Backhaul (IAB) in any commercial network. 

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

remaining allegations set forth in this Paragraph and therefore denies them. 

44. This Paragraph states a legal conclusion to which no response is necessary. To the 

extent a response is deemed necessary, Nokia denies that Verizon has infringed the Patents-in-Suit 

through Verizon’s use of Nokia products. Nokia is without knowledge or information sufficient 

to form a belief as to the truth of the remaining allegations set forth in this Paragraph and therefore 

denies them. 

JURY DEMAND 

45. No response is necessary to a jury demand. To the extent a response is deemed to 

be required, Nokia admits that Headwater requests a trial by jury. 

RESPONSE TO HEADWATER’S PRAYER FOR RELIEF 

 Nokia denies that Headwater is entitled to any relief with respect to Nokia products, 

including but not limited to the relief sought by Headwater under Paragraphs A–G of the 

Complaint. 

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DEFENSES 

Without altering the burden of proof, Nokia asserts the following defenses, which are based 

upon an investigation that is not complete and is prior to the results of any discovery from 

Headwater. Nokia’s investigation of its defenses is continuing, and Nokia reserves the right to 

assert all defenses under Rule 8(c) of the Federal Rules of Civil Procedure, the patent laws of the 

United States, and any other defense, at law or in equity, that may now exist or in the future be 

available based upon discovery and further investigation in this case. 

First Defense 

Nokia has not infringed, and does not infringe (literally, under the doctrine of equivalents, 

directly, indirectly, contributorily, or by inducement) any valid, enforceable claim of the Patentsin-Suit. 

Second Defense 

Nokia’s actions in defending this case do not give rise to an exceptional case under 35 

U.S.C. § 285. 

Third Defense 

Headwater is not entitled to any form of equitable relief because Headwater has not 

suffered, and will not suffer, irreparable harm as a result of the alleged conduct. Headwater has an 

adequate remedy at law, and the balance of hardships and the public interest do not favor injunctive 

relief. Nokia further alleges that Headwater is an entity which, upon information and belief, does 

not make or sell any products or services. Accordingly, Nokia further alleges that Headwater could 

not meet the applicable standard to warrant an injunction. 

Fourth Defense 

Headwater’s right to seek damages is limited, including without limitation, by 35 U.S.C. 

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§§ 286, 287 and 288. 

Fifth Defense 

The claims of the Patents-in-Suit are invalid for failure to meet the conditions for 

patentability set forth in 35 U.S.C. §§ 101 et seq., including without limitation §§ 101, 102, 103, 

and/or 112 thereof. 

Sixth Defense 

To the extent Headwater was not the sole and total owner of all substantial rights in the Patentsin-Suit as of the filing date of the Complaint, Headwater lacks standing to bring one or more claims in 

this lawsuit.

DEMAND FOR JURY TRIAL 

Pursuant to Federal Rule of Civil Procedure 38(b), Nokia demands a trial by jury on all 

issues so triable. 

Dated: July 17, 2024 Respectfully Submitted, 

 /s/ Deron R. Dacus 

Jacob K. Baron, Esq. 

MA Bar No.: 652568 

Email: jacob.baron@hklaw.com 

Joshua C. Krumholz, Esq. 

(LEAD COUNSEL) 

(Pro hac vice) 

MA Bar No.: 552573 

Email: joshua.krumholz@hklaw.com 

Jacob W. S. Schneider, Esq. 

(Pro hac vice) 

MA Bar No.: 675315 

Email: jacob.schneider@hklaw.com 

Allison M. Lucier, Esq. 

(Pro hac vice) 

MA Bar No.: 569193 

Email: allison.lucier@hklaw.com 

HOLLAND & KNIGHT LLP 

10 Saint James Avenue; 11th Floor 

Boston, MA 02116 

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Telephone: 617-523-2700 

Facsimile: 617-523-6850 

Deron R. Dacus 

Texas Bar No. 00790553 

E-mail: ddacus@dacusfirm.com 

THE DACUS FIRM, P.C. 

821 ESE Loop 323, Suite 430 

Tyler, Texas 75701 

903-705-1117 (phone) 

903-581-2543 (fax)

Attorneys for Nokia of America 

Corporation 

CERTIFICATE OF SERVICE

 I HEREBY CERTIFY that on this 17th day of July, 2024, I caused the foregoing Answer 

in Intervention to be filed electronically with the Clerk of the Court by using the CM/ECF system 

which will send a notice of electronic filing to all counsel of record who are deemed to have 

consented to electronic service. 

/s/ Deron R. Dacus 

Deron R. Dacus, Esq. 

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