Case 1:14-cv-00033-SLR Document 1 Filed 01/14/14 Page 1 of 6 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`DATA SPEED TECHNOLOGY LLC,
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`Plaintiff,
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`v.
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`EGNYTE, INC.,
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`Defendant.
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` C.A. No. ________________
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`This is an action for patent infringement in which Plaintiff Data Speed Technology LLC
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`makes the following allegations against Defendant Egnyte, Inc.
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`BACKGROUND
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`1.
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`Kenneth H. Conner is a life-long computer engineer with knowledge and
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`experience with many technologies including: mainframe computers, application software,
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`operating systems, cellular communications, and networking. This experience comes from
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`working with technology giants including Digital Equipment Corporation, Argonne National
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`Laboratory, Bell Labs, Motorola, and Lucent. In early 1993, Mr. Conner, along with James. G
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`Hunter, Gregory P. Spar and Bruce Anderson invented a new information management and
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`storage system that enabled multiple computers to independently read and write to a mass
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`storage device in a relatively high speed manner on a first come, real time basis. For example,
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`the computer first accessing a particular memory address space or file would have the exclusive
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`ability to write to that file and the file would be locked to subsequent computers attempting to
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`write to it, which allowed multiple computers to use a mass storage device in a high speed
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`manner without conflict. By the summer of 1993, the team had developed a working functional
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`prototype of their invention. On November 9, 1993, the team filed an application for patent on
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`the invention, and on February 2, 1999, the U.S. Patent and Trademark Office issued U.S. Patent
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`No. 5,867,686 (the “Conner Patent”).
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`PARTIES
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`2.
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`Plaintiff Data Speed Technology LLC (“Data Speed Tech”) is a Delaware limited
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`liability company.
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`3.
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`On information and belief, Egnyte, Inc. (“Defendant”) is a corporation duly
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`organized and existing under the laws of the State of Delaware, having its principal place of
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`business at 1890 N. Shoreline Blvd, First Floor, Mountain View, California 94043. Defendant
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`has appointed Incorporating Services, Ltd., 3500 S. Du Pont Hwy., Dover, Delaware 19901, as
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`its agent for service of process.
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`JURISDICTION AND VENUE
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`4.
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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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`5.
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`This Court has specific and general personal jurisdiction over Defendant because,
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`among other reasons, Defendant has availed itself of the rights and benefits of Delaware by
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`incorporating under Delaware law, Defendant has done business in this District, has committed
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`and continues to commit acts of patent infringement in this District, and has harmed and
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`continues to harm Data Speed Tech in this District, by, among other things, using, selling,
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`offering for sale, and importing infringing products and services in this District.
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`6.
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`Venue is proper in this district under 28 U.S.C. §§ 1391(b)-(d) and 1400(b)
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`because, among other reasons, Defendant is incorporated in this district, Defendant is subject to
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`personal jurisdiction in this District, and Defendant has committed and continues to commit acts
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`of patent infringement in this District. On information and belief, for example, Defendant has
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`used, sold, offered for sale, and imported infringing products in this District.
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`COUNT I
`INFRINGEMENT OF U.S. PATENT NO. 5,867,686
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`7.
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`Data Speed Tech is the owner by assignment of the Conner Patent, entitled “High
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`Speed Real-Time Information Storage System.” A true and correct copy of the Conner Patent is
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`attached as Exhibit A.
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`8.
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`Defendant has been and now is directly infringing the Conner Patent, literally and
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`under the doctrine of equivalents, in this judicial District and elsewhere in the United States by,
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`among other things, making, using, importing, offering for sale, and/or selling electronic
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`information management and storage products and services that use a method of providing
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`memory access to a memory mass storage device by a plurality of computers, each functioning
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`under an independent operating system, and such method comprising the steps of: receiving a
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`write access request identifying a memory space from a requesting computer of the plurality of
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`computers by the memory mass storage device; granting access and reserving the memory space
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`for the exclusive use of the requesting computer and denying write access to the memory space
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`by any other computer of the plurality of computers for the duration of the access grant to the
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`requesting computer; and receiving a write access request and a required memory size from a
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`second requesting computer of the plurality of computers. In addition and alternatively,
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`Defendant is infringing by, among other things, making, using, importing, offering for sale,
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`and/or selling electronic information management and storage products and services, comprising:
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`a memory mass storage device; a plurality of computers, each functioning under an independent
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`operating system, operably connected to the memory mass storage device through an external
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`bus; a communication processor of the memory mass storage device operably connected to the
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`plurality of computers through the external bus for receiving an access request from a requesting
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`computer of the plurality of computers identifying a memory space of the memory mass storage
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`device; a controller of the memory mass storage device operably connected to the
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`communication processor for granting exclusive write access to the identified memory space by
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`the requesting computer for a duration of the access grant to the requesting computer; and a
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`dynamic memory map containing a listing of the identified memory space. The infringing
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`products and services include, for example, Defendant’s program entitled Egnyte Enterprise File
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`Sharing.
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`9.
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`By engaging in the conduct described herein, Defendant has injured Data Speed
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`Tech and is thus liable for infringement of the Conner Patent pursuant to 35 U.S.C. § 271(a).
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`10.
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`Defendant committed these acts of infringement without license or authorization.
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`11.
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`As a result of Defendant’s infringement of the Conner Patent, Data Speed Tech
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`has 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 of the invention by Defendant, together with interest and costs as fixed by the Court. Data
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`Speed Tech will continue to suffer damages in the future unless Defendant’s infringing activities
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`are enjoined by this Court.
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`12.
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`Data Speed Tech has 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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`Conner Patent.
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`Data Speed Tech 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 Data Speed Tech that Defendant has infringed the Conner
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`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 others acting in
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`active concert therewith from infringement of the Conner Patent, or such other equitable relief
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`the Court determines is warranted;
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`C.
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`A judgment and order requiring Defendant to pay Data Speed Tech its damages,
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`costs, expenses, and prejudgment and post-judgment interest for Defendant’s infringement of the
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`Conner Patent as provided under 35 U.S.C. § 284, and an accounting of ongoing post-judgment
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`infringement;
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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 Data Speed Tech its reasonable attorneys’ fees against
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`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 Data Speed Tech, including without limitation, prejudgment and post-
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`judgment interest; and
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`F.
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`Any and all other relief to which Data Speed Tech may be entitled.
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`DEMAND FOR JURY TRIAL
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`Data Speed Tech, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial
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`by jury of any issues so triable by right.
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`Case 1:14-cv-00033-SLR Document 1 Filed 01/14/14 Page 6 of 6 PageID #: 6
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`Dated: January 14, 2014
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`Of Counsel:
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`Alex C.D. Giza
`Marc A. Fenster
`Dorian S. Berger
`RUSS AUGUST & KABAT
`12424 Wilshire Boulevard, 12th Floor
`Los Angeles, CA 90025
`(310) 826-7474
`agiza@raklaw.com
`mfenster@raklaw.com
`dberger@raklaw.com
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`BAYARD, P.A.
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`/s/ Stephen B. Brauerman (sb4952)
`Richard D. Kirk (rk0922)
`Stephen B. Brauerman (sb4952)
`Vanessa R. Tiradentes (vt5398)
`222 Delaware Avenue, Suite 900
`P.O. Box 25130
`Wilmington, DE 19899
`(302) 655-5000
`rkirk@bayardlaw.com
`sbrauerman@bayardlaw.com
`vtiradentes@ bayardlaw.com
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`Attorneys for Plaintiff Data Speed Technology LLC
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