Free Answer to Counterclaim - District Court of Delaware - Delaware

Case 1:07-md-01848-GMS

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

_____________________________________ IN RE: REMBRANDT TECHNOLOGIES, LP PATENT LITIGATION _____________________________________ MOTOROLA, INC., CISCO SYSTEMS, INC., SCIENTIFIC-ATLANTA, INC., ARRIS GROUP, INC., THOMSON, INC., AMBIT MICROSYSTEMS, INC., and NETGEAR, INC., Plaintiffs, v. REMBRANDT TECHNOLOGIES, LP, Defendant. _____________________________________ REMBRANDT TECHNOLOGIES, LP, and REMBRANDT TECHNOLOGIES, LLC d/b/a REMSTREAM, Counter-Plaintiffs, Counterclaim Defendants, v. MOTOROLA, INC., CISCO SYSTEMS, INC., SCIENTIFIC-ATLANTA, INC., ARRIS GROUP, INC., THOMSON, INC., AMBIT MICROSYSTEMS, INC., NETGEAR, INC., Counter-Defendants, and TIME WARNER CABLE, INC., TIME WARNER CABLE LLC, TIME WARNER NEW YORK CABLE LLC, TIME WARNER ENTERTAINMENT COMPANY, LP, COMCAST CORPORATION, COMCAST CABLE COMMUNICATIONS, LLC, CHARTER COMMUNICATIONS, INC., CHARTER COMMUNICATIONS OPERATING, LLC, COXCOM, INC., COX COMMUNICATIONS,

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

MDL Docket No. 07-md-1848 (GMS)

Civil Action No. 07-752-GMS

JURY TRIAL DEMANDED

Civil Action No. 07-752-GMS

JURY TRIAL DEMANDED

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INC., COX ENTERPRISES, INC., CSC HOLDINGS, INC., CABLEVISION SYSTEMS CORPORATION, ADELPHIA COMMUNICATIONS CORPORATION, CENTURY-TCI CALIFORNIA COMMUNICATIONS, LP, CENTURY-TCI HOLDINGS, LLC, COMCAST OF FLORIDA/PENNSYLVANIA, L.P. (f/k/a PARNASSOS, LP), COMCAST OF PENNSYLVANIA II, L.P. (f/k/a CENTURY-TCI CALIFORNIA, L.P.), PARNASSOS COMMUNICATIONS, LP, ADELPHIA CONSOLIDATION, LLC, PARNASSOS HOLDINGS, LLC, and WESTERN NY CABLEVISION, LP, Counter-Defendants, Counterclaim Plaintiffs, and TIME WARNER ENTERTAINMENTADVANCE/NEWHOUSE PARTNERSHIP, Counterclaim Plaintiff. _____________________________________

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT AND COUNTERCLAIMS OF TWC COUNTERCLAIMANTS Counter-Defendants Time Warner Cable Inc., Time Warner Cable LLC, Time Warner New York Cable LLC (properly known as Time Warner NY Cable LLC) and Time Warner Entertainment Company, L.P. (collectively "TWC Counter-Defendants" or "TWC"), by their undersigned counsel, respond to the allegations asserted in the Counterclaim For Patent Infringement (the "Counterclaim") of Counter-Plaintiffs Rembrandt Technologies, LP and Rembrandt Technologies, LLC d/b/a Remstream (collectively "Rembrandt") as follows: 1. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 1 of the Counterclaim, and on that basis denies those allegations. 2. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 2 of the Counterclaim, and on that basis denies those allegations. 2
TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT MDL Docket No. 07-md-1848 (GMS); Civil Action No. 07-752-GMS

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3.

TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 3 of the Counterclaim, and on that basis denies those allegations. 4. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 4 of the Counterclaim, and on that basis denies those allegations. 5. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 5 of the Counterclaim, and on that basis denies those allegations. 6. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 6 of the Counterclaim, and on that basis denies those allegations. 7. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 7 of the Counterclaim, and on that basis denies those allegations. 8. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 8 of the Counterclaim, and on that basis denies those allegations. 9. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 9 of the Counterclaim, and on that basis denies those allegations. 10. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 10 of the Counterclaim, and on that basis denies those allegations. 11. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants "for the provision of high-speed internet, cable broadband, and/or other services." Except as expressly so admitted, TWC denies the remaining allegations in this 3
TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT MDL Docket No. 07-md-1848 (GMS); Civil Action No. 07-752-GMS

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paragraph as they relate to TWC. To the extent the allegations of paragraph 11 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 12. TWC admits the allegations of paragraph 12 of the Counterclaim that Time

Warner Cable Inc. is a Delaware corporation and that its registered agent for service of process in Delaware is the Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801. TWC denies the remaining allegations made in paragraph 12 of the Counterclaim. Time Warner Cable Inc.'s principle place of business is One Time Warner Center, New York, New York 10019. 13. TWC admits the allegations of paragraph 13 of the Counterclaim that Time

Warner Cable LLC is a Delaware limited liability company and that its "registered agent for service of process is the Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801." TWC denies the remaining allegations made in paragraph 13 of the Counterclaim. Time Warner Cable Inc.'s principle place of business is One Time Warner Center, New York, New York 10019. 14. TWC admits the allegations of paragraph 14 of the Counterclaim that Time

Warner New York Cable LLC is a Delaware limited liability company, except that it is known as Time Warner NY Cable LLC, and that its registered agent for service of process in Delaware is the Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801. TWC denies the remaining allegations made in paragraph 14 of the Counterclaim. Time Warner NY Cable LLC's principle place of business is One Time Warner Center, New York, New York 10019. 15. TWC admits the allegations of paragraph 15 of the Counterclaim that Time

Warner Entertainment Company, L.P. is a Delaware limited partnership and that its registered agent for service of process in Delaware is the Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801. TWC denies the remaining allegations made in paragraph 15 of the Counterclaim. Time Warner Entertainment Company, L.P.'s principle place of business is One Time Warner Center, New York, New York 10019. 16. TWC admits the allegations of paragraph 16 of the Counterclaim that Time 4
TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT MDL Docket No. 07-md-1848 (GMS); Civil Action No. 07-752-GMS

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Warner Cable Inc. is the direct or indirect parent of each of Time Warner Cable LLC, Time Warner NY Cable LLC, and Time Warner Entertainment Company, L.P. TWC admits that through one or more of its subsidiaries, affiliates, partners, or other related parties, Time Warner Cable Inc. owns and/or operates cable systems throughout the United States. TWC denies the remaining allegations of paragraph 16 of the Counterclaim. TWC is not infringing, and has not in the past infringed, any of the patents identified in the Counterclaim. 17. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 17 of the Counterclaim, and on that basis denies those allegations. 18. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 18 of the Counterclaim, and on that basis denies those allegations. 19. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 19 of the Counterclaim, and on that basis denies those allegations. 20. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 20 of the Counterclaim, and on that basis denies those allegations. 21. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 21 of the Counterclaim, and on that basis denies those allegations. 22. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 22 of the Counterclaim, and on that basis denies those allegations. 23. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 23 of the Counterclaim, and on that basis denies those allegations. 24. TWC lacks knowledge or information sufficient to form a belief as to the truth of 5
TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT MDL Docket No. 07-md-1848 (GMS); Civil Action No. 07-752-GMS

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the allegations made in paragraph 24 of the Counterclaim, and on that basis denies those allegations. 25. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 25 of the Counterclaim, and on that basis denies those allegations. 26. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 26 of the Counterclaim, and on that basis denies those allegations. 27. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 27 of the Counterclaim, and on that basis denies those allegations. 28. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 28 of the Counterclaim, and on that basis denies those allegations. 29. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 29 of the Counterclaim, and on that basis denies those allegations. 30. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 30 of the Counterclaim, and on that basis denies those allegations. 31. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 31 of the Counterclaim, and on that basis denies those allegations. 32. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 32 of the Counterclaim, and on that basis denies those allegations. 33. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 33 of the Counterclaim, and on that basis denies those 6
TWC'S REPLY TO REMBRANDT'S COUNTERCLAIM FOR PATENT INFRINGEMENT MDL Docket No. 07-md-1848 (GMS); Civil Action No. 07-752-GMS

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allegations. 34. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 34 of the Counterclaim, and on that basis denies those allegations. 35. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 35 of the Counterclaim, and on that basis denies those allegations. 36. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 36 of the Counterclaim, and on that basis denies those allegations.

JURISDICTION AND VENUE 37. 38. This paragraph does not require a response. Paragraph 38 of the Counterclaim sets forth legal conclusions for which no

response is required. To the extent paragraph 38 contains factual allegations to which a response is required, those allegations are denied. 39. TWC denies that the Plaintiffs/Counter-Defendants have committed acts of patent

infringement to the extent that such infringement would require infringement by TWC, because TWC has not infringed any patent asserted by Rembrandt in this action. TWC lacks knowledge or information sufficient to form a belief as to the truth of the remaining allegations of paragraph 39 of the Counterclaim, and on that basis denies those allegations. 40. TWC admits that this Court has personal jurisdiction over the TWC Counter-

Defendants. TWC denies that it has committed acts of patent infringement in this, or any, judicial district. TWC lacks knowledge or information sufficient to form a belief as to the truth of the allegations made in paragraph 40 of the Counterclaim to the extent they do not relate to TWC, and on that basis denies those allegations. 41. Paragraph 41 of the Counterclaim sets forth legal conclusions for which no

response is required. To the extent paragraph 41 contains factual allegations to which a response 7
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is required, those allegations are denied.

COUNT I 42. TWC restates and realleges its responses to paragraphs 1-41 of the Counterclaim

and incorporates them herein by reference. 43. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 43 of the Counterclaim, and on that basis denies those allegations. 44. TWC admits that U.S. Patent No. 4,937,819 (the "`819 patent") was issued by the

United States Patent and Trademark Office ("the PTO") on June 26, 1990. TWC denies the remaining allegations made in paragraph 44 of the Counterclaim. 45. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 45 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 46. TWC denies the allegations of paragraph 46 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have indirectly infringed the `819 patent, or are continuing to indirectly infringe the `819 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `819 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 46 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 47. TWC denies the allegations of paragraph 47 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `819 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 47 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 8
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48.

TWC denies the allegations of paragraph 48 of the Counterclaim as they relate to

TWC. TWC does not infringe the `819 patent, and therefore will not "continue to infringe" the `819 patent. To the extent the allegations of paragraph 48 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT II 49. TWC restates and realleges its responses to paragraphs 1-48 of the Counterclaim

and incorporates them herein by reference. 50. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 50 of the Counterclaim, and on that basis denies those allegations. 51. TWC admits that U.S. Patent No. 5,008,903 (the "`903 patent") was issued by the

PTO on April 16, 1991. TWC denies the remaining allegations made in paragraph 51 of the Counterclaim. 52. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 52 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 53. TWC denies the allegations of paragraph 53 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have indirectly infringed the `903 patent, or are continuing to indirectly infringe the `903 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `903 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 53 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 54. TWC denies the allegations of paragraph 54 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `903 patent in this district or anywhere 9
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else within the United States. To the extent the allegations of paragraph 54 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 55. TWC denies the allegations of paragraph 55 of the Counterclaim as they relate to

TWC. TWC does not infringe the `903 patent, and therefore will not "continue to infringe" the `903 patent. To the extent the allegations of paragraph 55 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT III 56. TWC restates and realleges its responses to paragraphs 1-55 of the Counterclaim

and incorporates them herein by reference. 57. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 57 of the Counterclaim, and on that basis denies those allegations. 58. TWC admits that U.S. Patent No. 5,710,761 (the "`761 patent," which is

incorrectly identified as Patent No. 5,701,761 in paragraph 57 of the Counterclaim) was issued by the PTO on January 20, 1998. TWC denies the remaining allegations made in paragraph 58 of the Counterclaim. 59. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 59 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 60. TWC denies the allegations of paragraph 60 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have directly or indirectly infringed the `761 patent, or are continuing to directly or indirectly infringe the `761 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `761 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 60 of the Counterclaim do not relate to TWC, no responsive 10
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pleading is required or provided. 61. TWC denies the allegations of paragraph 61 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `761 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 61 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 62. TWC denies the allegations of paragraph 62 of the Counterclaim as they relate to

TWC. TWC does not infringe the `761 patent, and therefore will not "continue to infringe" the `761 patent. To the extent the allegations of paragraph 62 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 63. TWC denies the allegations of paragraph 63 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `761 patent. To the extent the allegations of paragraph 63 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT IV 64. TWC restates and realleges its responses to paragraphs 1-63 of the Counterclaim

and incorporates them herein by reference. 65. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 65 of the Counterclaim, and on that basis denies those allegations. 66. TWC admits that U.S. Patent No. 5,719,858 (the "`858 patent") was issued by the

PTO on February 17, 1998. TWC denies the remaining allegations made in paragraph 66 of the Counterclaim. 67. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 67 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 11
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68.

TWC denies the allegations of paragraph 68 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have indirectly infringed the `858 patent, or are continuing to indirectly infringe the `858 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `858 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 68 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 69. TWC denies the allegations of paragraph 69 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `858 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 69 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 70. TWC denies the allegations of paragraph 70 of the Counterclaim as they relate to

TWC. TWC does not infringe the `858 patent, and therefore will not "continue to infringe" the `858 patent. To the extent the allegations of paragraph 70 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT V 71. TWC restates and realleges its responses to paragraphs 1-70 of the Counterclaim

and incorporates them herein by reference. 72. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 72 of the Counterclaim, and on that basis denies those allegations. 73. TWC admits that U.S. Patent No. 5,778,234 (the "`234 patent") was issued by the

PTO on July 7, 1998. TWC denies the remaining allegations made in paragraph 73 of the Counterclaim. 74. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 74 of the Counterclaim as they relate to TWC. To the extent 12
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those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 75. TWC denies the allegations of paragraph 75 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have directly or indirectly infringed the `234 patent, or are continuing to directly or indirectly infringe the `234 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `234 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 75 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 76. TWC denies the allegations of paragraph 76 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `234 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 76 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 77. TWC denies the allegations of paragraph 77 of the Counterclaim as they relate to

TWC. TWC does not infringe the `234 patent, and therefore will not "continue to infringe" the `234 patent. To the extent the allegations of paragraph 77 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 78. TWC denies the allegations of paragraph 78 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `234 patent. To the extent the allegations of paragraph 78 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT VI 79. TWC restates and realleges its responses to paragraphs 1-78 of the Counterclaim

and incorporates them herein by reference. 80. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 80 of the Counterclaim, and on that basis denies those allegations. 81. TWC admits that U.S. Patent No. 5,852,631 (the "`631 patent") was issued by the 13
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PTO on December 22, 1998. TWC denies the remaining allegations made in paragraph 81 of the Counterclaim. 82. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 82 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 83. TWC denies the allegations of paragraph 83 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have indirectly infringed the `631 patent, or are continuing to indirectly infringe the `631 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `631 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 83 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 84. TWC denies the allegations of paragraph 84 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `631 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 84 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 85. TWC denies the allegations of paragraph 85 of the Counterclaim as they relate to

TWC. TWC does not infringe the `631 patent, and therefore will not "continue to infringe" the `631 patent. To the extent the allegations of paragraph 85 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. COUNT VII 86. TWC restates and realleges its responses to paragraphs 1-85 of the Counterclaim

and incorporates them herein by reference. 87. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 87 of the Counterclaim, and on that basis denies those 14
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allegations. 88. TWC admits that U.S. Patent No. 6,131,159 (the "`159 patent") was issued by the

PTO on October 10, 2000. TWC denies the remaining allegations made in paragraph 88 of the Counterclaim. 89. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 89 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 90. TWC denies the allegations of paragraph 90 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have directly or indirectly infringed the `159 patent, or are continuing to directly or indirectly infringe the `159 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `159 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 90 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 91. TWC denies the allegations of paragraph 91 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `159 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 91 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 92. TWC denies the allegations of paragraph 92 of the Counterclaim as they relate to

TWC. TWC does not infringe the `159 patent, and therefore will not "continue to infringe" the `159 patent. To the extent the allegations of paragraph 92 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 93. TWC denies the allegations of paragraph 93 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `159 patent. To the extent the allegations of paragraph 93 of the Counterclaim do not relate to TWC, no responsive pleading is 15
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required or provided. COUNT VIII 94. TWC restates and realleges its responses to paragraphs 1-93 of the Counterclaim

and incorporates them herein by reference. 95. TWC lacks knowledge or information sufficient to form a belief as to the truth of

the allegations made in paragraph 95 of the Counterclaim, and on that basis denies those allegations. 96. TWC admits that U.S. Patent No. 6,950,444 (the "`444" patent) was issued by the

PTO on September 27, 2005. TWC denies the remaining allegations made in paragraph 96 of the Counterclaim. 97. TWC admits that one or more TWC Counter-Defendants, either directly or

indirectly through one or more subsidiaries, purchases and/or leases equipment from one or more Plaintiffs/Counter-Defendants for use in the operation of cable networks. TWC denies the remaining allegations of paragraph 97 of the Counterclaim as they relate to TWC. To the extent those remaining allegations do not relate to TWC, no responsive pleading is required or provided. 98. TWC denies the allegations of paragraph 98 of the Counterclaim as they relate to

TWC. TWC denies that the Plaintiffs/Counter-Defendants have directly or indirectly infringed the `444 patent, or are continuing to directly or indirectly infringe the `444 patent, to the extent that allegation is based on alleged infringement by TWC. TWC does not infringe and has not infringed the `444 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 98 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 99. TWC denies the allegations of paragraph 99 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `444 patent in this district or anywhere else within the United States. To the extent the allegations of paragraph 99 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 100. TWC denies the allegations of paragraph 100 of the Counterclaim as they relate to 16
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TWC. TWC does not infringe the `444 patent, and therefore will not "continue to infringe" the `444 patent. To the extent the allegations of paragraph 100 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. 101. TWC denies the allegations of paragraph 101 of the Counterclaim as they relate to

TWC. TWC does not infringe and has not infringed the `444 patent. To the extent the allegations of paragraph 101 of the Counterclaim do not relate to TWC, no responsive pleading is required or provided. PRAYER FOR RELIEF TWC denies that Counter-Plaintiff Rembrandt is entitled to the relief it requests. To the extent that Rembrandt's prayer for relief contains factual allegations relating to TWC, those allegations are denied. AFFIRMATIVE AND OTHER DEFENSES TWC sets forth the following affirmative and other defenses. TWC does not intend hereby to assume the burden of proof with respect to those matters as to which, pursuant to law, Counter-Plaintiff Rembrandt bear the burden. FIRST DEFENSE 102. Each of the claims of the `819, `903, `761, `858, `234, `631, `159 and `444 patents

is invalid for failure to satisfy the provisions of one or more of sections 101, 102, 103, and/or 112 of Title 35 of the United States Code. SECOND DEFENSE 103. TWC does not manufacture, use, offer for sale, sell, or import into the United

States any product or method that infringes any claim of the `819, `903, `761, `858, `234, `631, `159, or `444 patents and it has not done so in the past. TWC also does not contribute to or induce infringement of the `819, `903, `761, `858, `234, `631, `159, or `444 patents and it has not done so in the past. TWC does not infringe, and has not in the past infringed, either directly or indirectly, the `819, `903, `761, `858, `234, `631, `159, or `444 patents.

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THIRD AFFIRMATIVE DEFENSE 104. The Counterclaim's claims are barred by the doctrine of estoppel.

FOURTH AFFIRMATIVE DEFENSE 105. The Counterclaim's claims are barred by the doctrine of laches.

COUNTERCLAIMS PARTIES 1. Counterclaimant Time Warner Cable Inc. is a Delaware corporation having its

corporate headquarters at One Time Warner Center, New York, New York 10019. 2. Counterclaimant Time Warner Cable LLC is a Delaware limited liability

company having its corporate headquarters at One Time Warner Center, New York, New York 10019. 3. Counterclaimant Time Warner NY Cable LLC is a Delaware limited liability

company having its corporate headquarters at One Time Warner Center, New York, New York 10019. 4. Counterclaimant Time Warner Entertainment Company, L.P. is a Delaware

limited partnership having its corporate headquarters at One Time Warner Center, New York, New York 10019. 5. Counterclaimant Time Warner Entertainment-Advance/Newhouse Partnership is a

New York partnership having its corporate headquarters at One Time Warner Center, New York, New York 10019. Joinder of Time Warner Entertainment-Advance/Newhouse Partnership as a Counterclaim-Plaintiff in this action is proper under Federal Rules of Civil Procedure 13(h) and 20(a). 6. Counterclaim Defendant Rembrandt Technologies, LP purports to be a limited

partnership organized under the laws of the state of New Jersey with its principal place of business at 401 City Avenue, Suite 900, Bala Cynwyd, PA 19004. 7. Counterclaim Defendant Rembrandt Technologies, LLC, d/b/a Remstream, 18
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purports to be a Delaware LLC with it headquarters at 401 City Avenue, Suite 900, Bala Cynwyd, PA 19004.

JURISDICTION AND VENUE 8. and 2202. 9. This Court has jurisdiction over these counterclaims pursuant to 28 U.S.C. §§ These counterclaims seek a declaratory judgment pursuant to 28 U.S.C. §§ 2201

1331, 1338 and 1367. 10. 11. Venue is proper in this Court under 28 U.S.C. §§ 1391 and 1400. A justifiable controversy exists between Time Warner Cable Inc., Time Warner

Cable LLC, Time Warner NY Cable LLC, Time Warner Entertainment Company, L.P., and Time Warner Entertainment-Advance/Newhouse Partnership ("Counterclaimants" or "TWC Counterclaimants") and Counterclaim Defendants with respect to the invalidity and noninfringement of the claims of U.S. Patent Nos. 4,937,819 (the "`819 patent"), 5,008,903 (the "`903 patent"), 5,710,761 (the "`761 patent"), 5,719,858 (the "`858 patent"), 5,778,234 (the "`234 patent"), 5,852,631 (the "`631 patent"), 6,131,159 (the "`159 patent"), 6,950,444 (the "`444 patent"), and 5,243,627 (the "`627 patent").

FIRST COUNTERCLAIM 12. Counterclaimants hereby repeat and reiterate the allegations made in paragraphs

1-11 of these Counterclaims as if fully set forth herein. 13. Each of the claims of the `819, `903, `761, `858, `234, `631, `159, `444 and `627

patents is invalid for failure to satisfy the provisions of one or more of sections 101, 102, 103, and/or 112 of Title 35 of the United States Code.

SECOND COUNTERCLAIM 14. Counterclaimants hereby repeat and reiterate the allegations made in paragraphs

1-13 of these Counterclaims as if fully set forth herein. 19
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15.

Counterclaimants do not manufacture, use, offer for sale, sell, or import into the

United States any product or method that infringes any claim of the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and Counterclaimants have not done so in the past. Counterclaimants also do not contribute to or induce infringement of the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and Counterclaimants have not done so in the past. Counterclaimants do not infringe, and have not in the past infringed, either directly or indirectly, the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents.

PRAYER FOR RELIEF WHEREFORE, the Counterclaimants pray that: a) The Court dismiss all of Rembrandt's claims against TWC with prejudice; b) The Court declare invalid each of the claims of the `819, `903, `761, `858, `234, `631, `159, `444, and `627 patents; c) The Court declare that Counterclaimants do not manufacture, use, offer for sale, sell, or import into the United States any product or method that infringes any of the claims of the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and have not done so in the past, and that Counterclaimants therefore and otherwise do not directly infringe the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and have not done so in the past; d) The Court declare that Counterclaimants do not contribute to or induce infringement of the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and Counterclaimants have not done so in the past, and that Counterclaimants therefore and otherwise do not indirectly infringe the `819, `903, `761, `858, `234, `631, `159, `444, or `627 patents and have not done so in the past; e) Counterclaimants be awarded their costs in this action; f) Counterclaimants be awarded their attorneys fees pursuant to 35 U.S.C. § 285; and g) Counterclaimants be awarded such other and further relief as this Court deems is just and proper. 20
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Respectfully submitted,

By: /s/ David S. Benyacar________________ David S. Benyacar Daniel L. Reisner Kaye Scholer LLP 425 Park Avenue New York, NY 10022-3598 (212) 836-8000 Attorneys for Time Warner Cable Inc., Time Warner Cable LLC, Time Warner New NY Cable LLC, Time Warner Entertainment Company, L.P., and Time Warner Entertainment-Advance/Newhouse Partnership

Dated: February 7, 2008

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CERTIFICATE OF SERVICE I hereby certify that on February 7, 2008, I electronically filed the foregoing with the Clerk of the Court using CM/ECF. I further certify that I caused to be served copies of the foregoing document on February 7, 2008 upon the following in the manner indicated: VIA EMAIL Collins J. Seitz, Jr., Esquire Francis DiGiovanni, Esquire CONNOLLY BOVE LODGE & HUTZ LLP The Nemours Building 1007 North Orange Street Wilmington, DE 19801 [email protected] [email protected] David S. Benyacar, Esquire KAYE SCHOLER LLP 425 Park Avenue New York, NY 10022 [email protected] Eric R. Lamison, Esquire KIRKLAND & ELLIS LLP 555 California Street San Francisco, CA 94104 [email protected] John W. Shaw, Esquire YOUNG CONAWAY STARGATT & TAYLOR LLP 1000 West Street, 17th Floor P.O. Box 391 Wilmington, DE 19899-0391 [email protected]

John M. DesMarais, Esquire KIRKLAND & ELLIS LLP Citigroup Center 153 East 53rd Street New York, NY 10022-4611 [email protected]

/s/ Karen Jacobs Louden (#2881)
Karen Jacobs Louden (#2881)

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