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