ANSWER TO COUNTERCLAIMS 1

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

SYMBOLOGY INNOVATIONS, 

LLC,

Plaintiff,

v.

THE B-12 STORE, LLC, 

Defendant.

Case No. 2:23-cv-00320-JRG-RSP

Jury Trial Demanded 

PLAINTIFF’S ANSWER TO COUNTERCLAIMS

Symbology Innovations, LLC (“Symbology,” “Plaintiff” and “Counter-Defendant”) hereby files 

this Answer to the Counterclaims filed by Defendant The B-12 Store, LLC (“The B-12 Store”) at Dkt. 

No. 6, and would respond as follows:

PARTIES

1. Symbology admits this allegation.

2. Symbology admits this allegation.

JURISDICTION

3. Symbology incorporates its responses above.

4. Symbology admits that the Counterclaims purport to raise claims under the patent laws of the 

United States. Symbology denies such claims.

5. Symbology does not contest personal jurisdiction.

6. Symbology admits that venue is proper in this District. Symbology otherwise denies this 

allegation to the extent it suggests another venue is more convenient.

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ANSWER TO COUNTERCLAIMS 2

COUNT I

DECLARATION REGARDING [ALLEGED] NON-INFRINGEMENT

7. Symbology incorporates its responses above.

8. Symbology admits this allegation.

9. Symbology denies this allegation and demands strict proof thereof.

10. Symbology denies this allegation and demands strict proof thereof. Symbology further denies 

that The B-12 Store is entitled to any relief whatsoever.

COUNT II

DECLARATION REGARDING [ALLEGED] INVALIDITY

11. Symbology incorporates its responses above.

12. Symbology admits this allegation.

13. Symbology denies this allegation and demands strict proof thereof.

14. Symbology denies this allegation and demands strict proof thereof. Symbology further denies 

that The B-12 Store is entitled to any relief whatsoever.

PRAYER FOR RELIEF

Symbology denies all allegations in The B-12 Store’s Prayer for Relief, and further denies that 

The B-12 store is entitled to any relief whatsoever.

AFFIRMATIVE DEFENSES

1. Failure to State a Claim. The Counterclaims, and each count therein, fail to state a claim upon 

which relief may be granted.

2. Unjust Enrichment. The B-12 Store improperly enriched itself and should not benefit for its 

improper and illegal acts. 

3. Validity. Symbology affirmatively pleads that all of Asserted Patents are valid.

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ANSWER TO COUNTERCLAIMS 3

4. Infringement. Symbology affirmatively pleads that The B-12 Store has infringed, including 

directly (whether individually or jointly) or indirectly (whether contributorily or by inducement), 

all valid, enforceable claims of the Asserted Patents. 

5. Lack of Standing. The B-12 Store does not have any right or standing to assert the claims at 

issue.

6. Legal Doctrine. The B-12 Store’s Counterclaims against Symbology are barred by one or more 

of the equitable doctrines of laches, estoppel, acquiescence, waiver, and unclean hands. 

7. Reservation. Symbology reserves the right to assert additional affirmative defenses as they 

become known through additional investigation and/or discovery during the course of this 

litigation.

Dated: September 5, 2023 Respectfully Submitted

/s/ Randall Garteiser

Christopher A. Honea

 Texas Bar No. 24059967

 chonea@ghiplaw.com

Randall Garteiser

 Texas Bar No. 24038912

 rgarteiser@ghiplaw.com

M. Scott Fuller

 Texas Bar No. 24036607

 rgarteiser@ghiplaw.com

GARTEISER HONEA, PLLC

119 W. Ferguson Street

Tyler, Texas 75702

Telephone: (903) 705-7420

COUNSEL FOR PLAINTIFF

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