Case 1:12-cv-01626-UNA Document 1 Filed 11/30/12 Page 1 of 8 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`SAFE STORAGE LLC,
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Civil Action No. ______________
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`JURY TRIAL DEMANDED
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`Plaintiff,
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`v.
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`HEWLETT-PACKARD COMPANY,
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`Defendant.
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`This is an action for patent infringement in which Plaintiff Safe Storage LLC (“Safe
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`Storage”) makes the following allegations against Defendant Hewlett-Packard Company
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`(“Defendant”):
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`PARTIES
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`1.
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`2.
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`Plaintiff Safe Storage LLC is a Delaware limited liability company.
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`On information and belief, Defendant Hewlett-Packard Company is a Delaware
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`corporation with its principal office at 3000 Hanover Street, Palo Alto, California 94304.
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`Defendant has appointed The Corporation Trust Company, Corporation Trust Center, 1209
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`Orange Street, Wilmington, Delaware 19801, as its agent for service of process.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et
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`seq., including § 271. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331
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`and 1338(a).
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`4.
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`This Court has personal jurisdiction over Defendant because, among other
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`reasons, Defendant is incorporated under the laws of the State of Delaware, has done business in
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`this District, has committed and continues to commit acts of patent infringement in this District,
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`and has harmed and continues to harm Safe Storage in this District, by, among other things,
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`using, selling, offering for sale, and importing infringing products and services in this District.
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`5.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 1400(b)
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`because, among other reasons, Defendant is subject to personal jurisdiction in this District, and
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`has committed and continues to commit acts of patent infringement in this District. On
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`information and belief, for example, Defendant has used, sold, offered for sale, and imported
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`infringing products in this District.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 6,978,346
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`United States Patent No. 6,978,346 (“the Safe Storage Patent” or “the ’346
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`6.
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`Patent”) was invented by Sung-Hoon Baek, Joong-Bae Kim, and Yong-Youn Kim of the
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`Electronics and Telecommunications Research Institute (“ETRI”). ETRI is the national leader in
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`Korea in the research and development of information technologies. Since its inception in 1976,
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`ETRI has developed new technologies in 4M DRAM computer memory, CDMA and 4G LTE
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`cellular phone communications, LCD displays, as well as large-scale computer storage, the
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`technology at issue in this case. ETRI employs over 1730 research/technical staff, of whom 93%
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`hold a post-graduate degrees and 41% have earned a doctoral degree in their technological field.
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`Over the last five years, ETRI has applied for a total of 18,639 patents, has contributed 7,548
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`proposals that have been adopted by international and domestic standard organizations, and has
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`published over 1,300 articles in peer-reviewed technology publications.
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`7.
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`Safe Storage is the exclusive licensee of the ’346 Patent entitled “Apparatus for
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`redundant interconnection between multiple hosts and RAID” (“Redundant Array of Inexpensive
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`Disks”). The application for the ‘346 Patent was filed on December 29, 2000, with a priority
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`date of at least September 19, 2000. The patent issued on December 20, 2005. Pursuant to Safe
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`Storage’s exclusive license, Safe Storage has all substantial rights regarding the ‘346 Patent,
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`including the exclusive right to bring suit for infringement of the ‘346 Patent. A true and correct
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`copy of the Safe Storage Patent is attached as Exhibit A.
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`8.
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`The Safe Storage Patent claims, inter alia, an apparatus for a redundant
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`interconnection between multiple hosts and a RAID, comprising: a first RAID controlling unit
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`and a second RAID controlling unit for processing a requirement of numerous host computers,
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`the first RAID controlling unit including a first network controlling unit and a second network
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`controlling unit, and the second RAID controlling unit including a third network controlling unit
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`and a fourth network controlling unit; and a plurality of connection units for connecting the first
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`RAID controlling units and the second RAID controlling unit to the numerous host computers,
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`wherein the first RAID controlling unit and the second RAID controlling unit directly exchange
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`information with the numerous host computers through the plurality of connecting units, and the
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`first network controlling unit exchanges information with the fourth network controlling unit,
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`and the second network controlling unit exchanges information with the third network
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`controlling unit.
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`9.
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`One embodiment of the invention of the Safe Storage Patent is shown in Fig. 5
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`thereof, in which a plurality of host computers are connected to two RAID controllers by using
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`hubs or switches:
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`10.
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`Defendant has been and now is directly infringing the Safe Storage Patent, in this
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`judicial District and elsewhere in the United States, by, among other things, making, using,
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`importing, offering for sale, and/or selling redundant RAID storage system products and services
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`that include an apparatus for a redundant interconnection between multiple hosts and a RAID,
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`comprising: a first RAID controlling unit and a second RAID controlling unit for processing a
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`requirement of numerous host computers, the first RAID controlling unit including a first
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`network controlling unit and a second network controlling unit, and the second RAID controlling
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`unit including a third network controlling unit and a fourth network controlling unit; and a
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`plurality of connection units for connecting the first RAID controlling units and the second
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`RAID controlling unit to the numerous host computers, wherein the first RAID controlling unit
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`and the second RAID controlling unit directly exchange information with the numerous host
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`computers through the plurality of connecting units, and the first network controlling unit
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`exchanges information with the fourth network controlling unit, and the second network
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`controlling unit exchanges information with the third network controlling unit. The infringing
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`products and services include, for example, the HP StorageWorks NAS Data Path Manager
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`software for the HP StorageWorks NAS 8000.
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`11.
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`Defendant has had knowledge of the Safe Storage Patent since at least November
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`29, 2012, when it received a letter identifying the ‘346 Patent, the accused products, and
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`exemplary evidence of infringement, and Defendant has induced its customers to assemble and
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`use an apparatus for a redundant interconnection between multiple hosts and a RAID,
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`comprising: a first RAID controlling unit and a second RAID controlling unit for processing a
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`requirement of numerous host computers, the first RAID controlling unit including a first
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`network controlling unit and a second network controlling unit, and the second RAID controlling
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`unit including a third network controlling unit and a fourth network controlling unit; and a
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`plurality of connection units for connecting the first RAID controlling units and the second
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`RAID controlling unit to the numerous host computers, wherein the first RAID controlling unit
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`and the second RAID controlling unit directly exchange information with the numerous host
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`computers through the plurality of connecting units, and the first network controlling unit
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`exchanges information with the fourth network controlling unit, and the second network
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`controlling unit exchanges information with the third network controlling unit.
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`12.
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`For example, Defendant has instructed users of its NAS 8000 servers that are
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`configured with multiple host bus adapters (HBAs) to use its hp StorageWorks NAS Data Path
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`Manager software to provide automatic path load balancing and failover in a system configured
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`as shown in Figure 1 below, so that access to storage can continue uninterrupted, in the event of
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`a failure of all preferred paths, by using available alternate paths:
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`Thus, Defendant has induced its customers to infringe the Safe Storage Patent.
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`13.
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`Upon information and belief, Defendant acted with the specific intent to induce its customers to
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`make and use the apparatus claimed by the Safe Storage Patent by continuing the above-
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`mentioned activities with knowledge of the Safe Storage Patent.
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`14.
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`By engaging in the conduct described herein, Defendant has injured Safe Storage
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`and is thus liable for infringement of the ‘346 Patent pursuant to 35 U.S.C. § 271.
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`15.
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`Defendant has committed these acts of infringement without license or
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`authorization.
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`16.
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`As a result of Defendant’s infringement of the ‘346 Patent, Safe Storage has
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`suffered monetary damages and is entitled to a money judgment in an amount adequate to
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`compensate for Defendant’s infringement, but in no event less than a reasonable royalty for the
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`use made of the invention by Defendant, together with interest and costs as fixed by the Court,
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`and Safe Storage will continue to suffer damages in the future unless Defendant’s infringing
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`activities are enjoined by this Court.
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`17.
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`Safe Storage has also suffered and will continue to suffer severe and irreparable
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`harm unless this Court issues a permanent injunction prohibiting Defendant, its agents, servants,
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`employees, representatives, and all others acting in active concert therewith from infringing the
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`‘346 Patent.
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`Safe Storage respectfully requests that this Court enter:
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`PRAYER FOR RELIEF
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`A.
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`A judgment in favor of Safe Storage that Defendant has infringed, directly and/or
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`indirectly, the ‘346 Patent;
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`B.
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`A permanent injunction enjoining Defendant and its officers, directors, agents,
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`servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all
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`others acting in active concert therewith from infringement of the Safe Storage
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`Patent, or such other equitable relief the Court determines is warranted;
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`C.
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`A judgment and order requiring Defendant to pay Safe Storage its damages, costs,
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`expenses, and prejudgment and post-judgment
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`interest
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`for Defendant’s
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`infringement of the ‘346 Patent as provided under 35 U.S.C. § 284;
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`D.
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`A judgment and order finding that this is an exceptional case within the meaning
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`of 35 U.S.C. § 285 and awarding to Safe Storage its reasonable attorneys’ fees
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`against Defendant;
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`E.
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`A judgment and order requiring Defendant to provide an accounting and to pay
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`supplemental damages to Safe Storage, including without limitation, pre-
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`judgment and post-judgment interest; and
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`F.
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`Any and all other relief to which Safe Storage may be entitled.
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`DEMAND FOR JURY TRIAL
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`Safe Storage, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by
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`BAYARD, P.A.
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` /s/ Richard D. Kirk
`Richard D. Kirk (rk0922)
`Stephen B. Brauerman (sb4952)
`Vanessa R. Tiradentes (vt5398)
`222 Delaware Avenue, Suite 900
`Wilmington, DE 19801
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@bayardlaw.com
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`Attorneys for Plaintiff Safe Storage LLC
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`jury of any issues so triable by right.
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`Dated: November 30, 2012
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`OF COUNSEL:
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`Alexander C.D. Giza
`Marc A. Fenster
`RUSS, AUGUST & KABAT
`12424 Wilshire Boulevard 12th Floor
`Los Angeles, California 90025
`(310) 826-7474
`agiza@raklaw.com
`mfenster@raklaw.com