Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 1 of 9 Page ID #:1218
`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 1 of 9 Page ID #:1218
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`EXHIBIT D
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`EXHIBIT D
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 1 of 9 Page ID #:1218
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`EXHIBIT D
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`EXHIBIT D
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 2 of 9 Page ID #:1219
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 1 of 8
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`Civil Action No. 19-cv-11276
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`
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`Plaintiff,
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`UNILOC 2017 LLC,
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`
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`v.
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`AKAMAI TECHNOLOGIES, INC.,
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`
`
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`Defendant.
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`COMPLAINT
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`
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`Plaintiff, Uniloc 2017 LLC (“Uniloc”), for its complaint against defendant, Akamai
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`Technologies, Inc. (“Akamai”), alleges:
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`THE PARTIES
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`Uniloc is a Delaware limited liability company.
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`Akamai is a Delaware corporation having a principal place of business in
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`1.
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`2.
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`Cambridge, Massachusetts.
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`JURISDICTION
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`3.
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`Uniloc brings this action for patent infringement under the patent laws of the United
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`States, 35 U.S.C. § 271, et seq. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331
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`and 1338(a).
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`4.
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`5.
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`COUNT I
`(INFRINGEMENT OF U.S. PATENT NO. 6,324,578)
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`Uniloc incorporates by reference paragraphs 1-3 above.
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`Uniloc is the owner, by assignment, of U.S. Patent No. 6,324,578 (“the ’578
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`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`MANAGEMENT OF CONFIGURABLE APPLICATION PROGRAMS ON A NETWORK, that
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`3203181.v1
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`1
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 3 of 9 Page ID #:1220
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 2 of 8
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`issued on November 27, 2001 on an application filed on December 14, 1998. A copy of the ’578
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`Patent is attached as Exhibit A.
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`6.
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`The following image from www.control.akamai.com shows that Akamai operated
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`a Content Delivery Network (“CDN”), known as Luna Control Center:
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`7.
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`The following image from www.control.akamai.com shows that the Luna Control
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`Center CDN would refuse to run if the user’s credentials were not valid:
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`2
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 4 of 9 Page ID #:1221
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 3 of 8
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`8.
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`Via the Luna Control Center portal, Akamai offered users solutions and services
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`including Luna Resolve network troubleshooting tools.
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`9.
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`According to www.akamai.com, “Luna Control Center has flexible mechanisms to
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`secure, control and protect access to different web content and applications.”
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`10.
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`11.
`
`As shown above, Users had to log in to gain access to the Luna Control Center.
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`According to www.akamai.com, customers using the Luna Control Center “can
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`arrange and customize widgets to layout a dashboard with the most relevant information in a
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`consumable and comprehensive way.”
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`12.
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`The following image from www.akamai.com also shows that, upon accessing the
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`Luna Control Center CDN, users could customize their home page:
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`13.
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`The following image from www.akamai.com shows that each user could configure
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`
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`his home page using a “library of widgets”:
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`3
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 5 of 9 Page ID #:1222
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 4 of 8
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`14.
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`The Luna Control Center CDN software was stored on Akamai servers that could
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`be accessed by entering http://control.akamai.com into a web browser.
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`15.
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`An administrator using the Luna Control Center CDN could assign custom roles
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`and settings to users, add new users, and reset an existing password.
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`16.
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`The following
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`image from https://developer.akamai.com shows how an
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`administrator using the Akamai Luna Control Center User Admin API could assign custom roles
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`and settings to users, add new users and reset an existing password:
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`
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`17.
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`Akamai infringed at least claim 1 of the ’578 Patent by making, using, offering for
`
`sale, and/or selling its Luna Control Center CDN, which software and associated architecture
`
`allowed for installing an application program having configurable preferences and authorized users
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`on a server coupled to a network, distributing an application launcher program to a client, obtaining
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`a user set of the configurable preferences, obtaining an administrator set of configurable
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`preferences, and executing the application program using the user and administrator sets of
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`configurable preferences responsive to a request from a user.
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`
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`4
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 6 of 9 Page ID #:1223
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 5 of 8
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`18.
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`Akamai also infringed the ’578 Patent by actively inducing the use of the Luna
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`Control Center CDN. Akamai’s customers who used the system as Akamai instructed infringed
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`the ’578 Patent, as described above. Akamai intentionally instructed its users to infringe, with
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`knowledge they were infringing, by providing instructions with Luna Control Center.
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`19.
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`Akamai also infringed the ’578 Patent by offering to sell, selling, and/or otherwise
`
`commercializing the Luna Control Center CDN, which was used to infringe the ’578 patent, and
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`constituted a material part of the invention. Akamai knew portions of the software in the system
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`that provide the infringing functionality were especially written solely for use to implement what
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`it knew was infringement of the ’578 Patent, as described above. Akamai also knew these portions
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`had no use, other than for infringement.
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`20.
`
`Akamai has been on notice of the ’578 Patent since, at the latest, the service upon
`
`Akamai of the complaint in the previous action for infringement of the ’578 Patent in the Eastern
`
`District of Texas on May 16, 2017. Akamai new and intended (since receiving that notice) that its
`
`continued actions actively induced infringement of the ’578 Patent.
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`21.
`
`Akamai may have infringed the ’578 Patent through other software and architecture
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`utilizing the same or reasonably similar functionality, including other versions of the Luna Control
`
`Center CDN.
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`22.
`
`Uniloc has been damaged by Akamai’s infringement of the ’578 Patent.
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`COUNT II
`(INFRINGEMENT OF U.S. PATENT NO. 7,069,293)
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`Uniloc incorporates by reference paragraphs 1-22 above.
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`Uniloc is the owner, by assignment, of U.S. Patent No. 7,069,293 (“the ’293
`
`
`
`23.
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`24.
`
`Patent”), entitled METHODS, SYSTEMS AND COMPUTER PROGRAM PRODUCTS FOR
`
`DISTRIBUTION OF APPLICATION PROGRAMS TO A TARGET STATION ON A
`
`
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`5
`
`
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 7 of 9 Page ID #:1224
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 6 of 8
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`
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`NETWORK, which issued on June 27, 2006, claiming priority to an application filed on December
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`14, 1998. A copy of the ’293 Patent is attached as Exhibit B.
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`25.
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`As the following image shows, Akamai uses on-demand servers, such as those
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`designated “AkamaiGHost,” to host and distribute Luna Control Center software:
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`26.
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`According to the following image from www.akamai.com, Akamai uses central
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`servers that communicate with edge servers to distribute solutions and services from a source
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`“Origin” directory to a user target directory:
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`27.
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`Akamai infringed, and continues to infringe, at least claim 1 of the ’293 Patent by
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`making, using, offering for sale, and/or selling its Luna Control Center CDN, which software and
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`associated architecture allow for providing an application program for distribution to a network
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`server, specifying source and target directories for the program to be distributed, preparing a file
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`packet associated with the program including a segment configured to initiate registration
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`6
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 8 of 9 Page ID #:1225
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 7 of 8
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`operations for the application program at a target on-demand server, and distributing the file packet
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`to the target on-demand server to make the program available for use by a client user.
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`28.
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`Akamai has been on notice of the ’293 Patent since, at the latest, the service of the
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`complaint on Akamai on May 16, 2017 in the previous action for infringement of the ’293 Patent.
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`By the time of trial, Akamai will have known and intended (since receiving such notice) that its
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`continued actions would infringe the ’293 Patent.
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`29.
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`Akamai may have infringed the ’293 Patent through other software and architecture
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`utilizing the same or reasonably similar functionality, including other versions of the Luna Control
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`Center CDN.
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`30.
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`Uniloc has been damaged by Akamai’s infringement of the ’293 Patent.
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`PRAYER FOR RELIEF
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`Uniloc requests that the Court enter judgment against Akamai:
`
`(A)
`
`that Akamai has infringed the ’578 Patent and the ’293 Patent;
`
`(B)
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`awarding Uniloc its damages suffered as a result of Akamai’s infringement of the
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`’578 Patent and the ’293 Patent;
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`(C)
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`awarding Uniloc its costs, attorneys’ fees, expenses, and interest, and
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`(E)
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`granting Uniloc such further relief as the Court may deem proper.
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`DEMAND FOR JURY TRIAL
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`Pursuant to Fed. R. Civ. P. 38, Uniloc demands trial by jury on all issues so triable.
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`
`
`7
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`Case 8:19-cv-01150-DOC-KES Document 67-6 Filed 11/23/20 Page 9 of 9 Page ID #:1226
`Case 1:19-cv-11276-RGS Document 1 Filed 06/07/19 Page 8 of 8
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`Date: June 7, 2019
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`Respectfully submitted,
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`
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`
`
`/s/ Paul J. Hayes
`Paul J. Hayes (BBO # 227000)
`Kevin Gannon (BBO # 640931)
`James J. Foster (BBO #553285)
`Aaron Jacobs (BBO # 677545)
`PRINCE LOBEL TYE LLP
`One International Place, Suite 3700
`Boston, MA 02110
`Tel: (617) 456-8000
`Email: phayes@princelobel.com
`Email: kgannon@princelobel.com
`Email: jfoster@princelobel.com
`Email: ajacobs@princelobel.com
`
`ATTORNEYS FOR THE PLAINTIFF
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`
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`8
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