Case 1:13-cv-11097-FDS Document 15 Filed 06/14/13 Page 1 of 7

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

TRUSTEES OF BOSTON UNIVERSITY, Plaintiff, v. JURY TRIAL DEMANDED AMAZON.COM, INC., Defendant. Case No. 1:13-cv-11097-FDS

ANSWER OF AMAZON.COM, INC. Defendant Amazon.com, Inc. (Amazon), by and through its undersigned counsel, hereby answers the Complaint filed by Plaintiff, Trustees of Boston University (BU), and states as follows: PARTIES 1. Amazon does not have sufficient information to admit or deny the allegations in

Paragraph 1 of the Complaint, ECF No. 1, and therefore denies those allegations. 2. Amazon admits that the document entitled U.S. Patent No. 5,686,738 (the 738

patent) attached to the Complaint as Exhibit A identifies Trustees of Boston University as assignee. Amazon does not have sufficient information to admit or deny the remaining allegations of Paragraph 2, and therefore denies those allegations. 3. Amazon admits that it is a corporation organized under the laws of Delaware.

Amazon denies all remaining allegations not expressly admitted.

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JURISDICTION AND VENUE 4. Amazon admits that Plaintiffs Complaint purports to be an action for patent

infringement arising under the patent laws of the United States. Amazon denies all remaining allegations not expressly admitted. 5. For the purposes of this lawsuit only, Amazon consents to the personal

jurisdiction of this Court. Amazon admits that it offers for sale and sells products that are received in the District of Massachusetts. Amazon denies that it has infringed the 738 patent in any way. Amazon denies all remaining allegations not expressly admitted. 6. For purposes of this lawsuit only, Amazon consents to venue in the District of

Massachusetts, but denies that this District is the most convenient forum. Amazon denies all remaining allegations not expressly admitted. COUNT I: INFRINGEMENT OF U.S. PATENT NO. 5,686,738 7. Amazon admits that the 738 patent is titled Highly Insulating Monocrystalline

Gallium Nitride Thin Films. Amazon admits that the 738 patent issued on Nov. 11, 1997. Amazon denies all remaining allegations not expressly admitted. 8. Amazon admits that the 738 patent identifies Theodore D. Moustakas as the

named inventor. Amazon admits that the 738 patent identifies the Trustees of Boston University as assignee. Amazon denies all remaining allegations not expressly admitted. 9. 10. Denied. Amazon does not have sufficient information to admit or deny the allegations of

Paragraph 10 of the Complaint, and therefore denies those allegations. 11. Denied.

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12. 13. 14.

Denied. Denied. Denied. DEMAND FOR JURY TRIAL

To the extent a response is required, Amazon admits that Plaintiffs Complaint contains a demand for a jury trial. GENERAL DENIAL Except as specifically admitted, Amazon denies each and every allegation contained in paragraphs 114 of the Complaint and denies that Plaintiff is entitled to any of the relief requested in its Prayer for Relief. ADDITIONAL DEFENSES Pursuant to Federal Rule of Civil Procedure 8(c), and without conceding that any of the following necessarily must be pled as an affirmative defense or that Amazon necessarily bears the burden of proof or persuasion for any of the following, Amazon asserts the following additional defenses to Plaintiffs Complaint. FIRST ADDITIONAL DEFENSE (Noninfringement) 15. Amazon does not infringe and has not infringed (either directly, contributorily, or

by inducement) any claim of the 783 patent, either literally or under the doctrine of equivalents. SECOND ADDITIONAL DEFENSE (Invalidity) 16. One or more asserted claims of the 783 patent are invalid for failure to comply

with one or more provisions of Title 35 of the United States Code, including, without limitation, one or more of 101, 102, 103, or 112. 3

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THIRD ADDITIONAL DEFENSE (Estoppel) 17. By virtue of the proceedings at the United States Patent and Trademark Office

during the prosecution of the application or applications that matured into the 783 patent, BU is estopped from asserting that Amazon has infringed, directly or indirectly, any claim of the 783 patent, either literally or under the doctrine of equivalents, and BU has otherwise disclaimed subject matter claimed in the 783 patent. FOURTH ADDITIONAL DEFENSE (Adequate Remedies at Law) 18. BUs claims for injunctive relief are barred at least because BU has adequate

remedies at law and BU cannot establish the necessary elements to be entitled to injunctive relief. FIFTH ADDITIONAL DEFENSE (Limitation on Damages) 19. Upon information and belief, BUs claims for damages for purported patent

infringement are limited by 35 U.S.C. 286 and 287. SIXTH ADDITIONAL DEFENSE (Waiver, Laches, Equitable Estoppel) 20. BUs claims for relief, in whole or in part, are barred by the doctrines of waiver,

laches, and/or equitable estoppel. SEVENTH ADDITIONAL DEFENSE (28 U.S.C. 1498) 21. To the extent that the accused instrumentalities have been used or manufactured

by or for the United States, the claims for relief are barred by 28 U.S.C. 1498.

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EIGHTH ADDITIONAL DEFENSE (Exhaustion and License) 22. BUs claims for relief are barred in whole or in part by the doctrines of patent

exhaustion and express or implied license. NINTH ADDITIONAL DEFENSE (Failure to Exhaust Remedies) 23. BUs claims against Amazon are barred because BU has not yet exhausted its

remedies against the manufacturer of the accused instrumentality, and thus to allow BU to proceed against Amazon under such circumstances would allow BU to seek multiple recoveries for the same injury. FURTHER ADDITIONAL DEFENSES 23. Amazon reserves the right to assert additional affirmative defenses as discovery

proceeds and additional facts become known to Amazon. PRAYER FOR RELIEF WHEREFORE, Defendant Amazon.com, Inc. prays for the following relief against Plaintiff Trustees of Boston University: a. Complaint; b. that this Court find that this case is an exceptional case under 35 U.S.C. 285, that BU be denied any and all relief it has requested and take nothing from its

and that BU be required to pay costs of suit that Amazon has incurred, including attorneys fees, expenses, and costs, pursuant to 35 U.S.C. 285 and all other applicable statutes, rules, and common law; c. that this Court dismiss BUs claims against Amazon with prejudice; and

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d.

that this Court grant Amazon such other and further relief as this Court deems just

and appropriate. DEMAND FOR JURY TRIAL Amazon demands a trial by jury for all issues so triable. Dated: June 14, 2013 Respectfully Submitted,

/s/ Indranil Mukerji Indranil Mukerji (BBO #644059) FISH & RICHARDSON P.C. 1425 K St. NW, 11th Floor Washington, DC 20005 Phone: 202-783-5070 Fax: 202-783-2331 mukerji@fr.com Robert Courtney (pro hac vice) Phillip Goter (pro hac vice) FISH & RICHARDSON P.C. 3200 RBC Plaza 60 South Sixth St. Minneapolis, MN 55402 Phone: 612-335-5070 Fax: 612-288-9696 courtney@fr.com goter@fr.com Counsel for Defendant AMAZON.COM, INC.

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CERTIFICATE OF SERVICE I hereby certify that this document(s) filed through the ECF system will be sent electronically to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non registered participants on this June 14, 2013. /s/ Indranil Mukerji Indranil Mukerji