Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 1 of 34 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ORCKIT CORPORATION,
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`
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`Plaintiff,
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`v.
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`Civil Action No. ___________
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`JURY TRIAL DEMANDED
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`ARISTA NETWORKS INC.,
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`
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`
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Orckit Corporation (“Orckit” or “Plaintiff”) submits this Complaint for patent
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`infringement against Defendant Arista Networks Inc. (“Arista” or “Defendant”), requests a trial
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`by jury, and alleges the following upon actual knowledge with respect to itself and its own acts
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`and upon information and belief as to all other matters:
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`NATURE OF ACTION
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`1.
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`This is an action for patent infringement. Orckit alleges that Arista infringes U.S.
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`Patents Nos. 7,545,740 (“the ’740 Patent”), 8,830,821 (“the ’821 Patent”), and 10,652,111 (“the
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`’111 Patent”) (collectively, “the Asserted Patents”), copies of which are attached hereto.
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`2.
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`Orckit alleges that Arista: (1) directly and indirectly infringes the Asserted Patents
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`by making, using, offering for sale, selling, and importing certain networking hardware and
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`software; (2) induces infringement of the Asserted Patents and contributes to others’ infringement
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`of the Asserted Patents; and (3) infringes the Asserted Patents willfully. Orckit seeks damages
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`and other relief for Arista’s wrongful conduct.
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`

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`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 2 of 34 PageID #: 2
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`PARTIES
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`3.
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`4.
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`Orckit is a Delaware corporation and owns the Asserted Patents by assignment.
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`Arista is a Delaware corporation with its principal place of business at 5453 Great
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`America Parkway, Santa Clara, CA 95054.
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`5.
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`Arista is registered to do business in Delaware, and, on information and belief,
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`conducts business in Delaware. On information and belief, a substantial part of the events giving
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`rise to Plaintiff’s claims, including acts of patent infringement, have occurred in Delaware and this
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`Judicial District.
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`6.
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`Arista has a permanent and continuous presence in Delaware and this Judicial
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`District.
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`7.
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`JURISDICTION AND VENUE
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`This action arises under the patent laws of the United States, 35 U.S.C. § 271 et
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`seq. The Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`8.
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`The Court has personal jurisdiction over Arista because it is incorporated in
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`Delaware. Additionally, as alleged above, Arista has sufficient minimum contacts with Delaware
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`so that this action does not offend due process or the traditional notions of fair play and substantial
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`justice. Among other factors, Arista is (i) registered to do business in Delaware, (ii) is incorporated
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`in and has purposefully availed itself of the rights and benefits of the laws of Delaware and this
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`Judicial District, and (iii) has a continuous presence in and systematic contact with this district.
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`Upon information and belief, Arista derives substantial revenue from the goods and services that
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`it provides to its customers in Delaware directly or through intermediaries both generally and with
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`respect to the allegations in this Complaint. Arista also undertakes a portion of its infringing
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`activities in Delaware—including by making, using, importing, offering for sale, and selling
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`2
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`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 3 of 34 PageID #: 3
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`products and services that infringe the Asserted Patents—directly and through its distributors,
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`retailers, and other intermediaries.
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`9.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§1391(b), (c), (d)
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`and 1400(b) because Arista resides in this District under the Supreme Court’s opinion in TC
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`Heartland v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017) through its incorporation in
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`this District. Additionally, upon information and belief, Arista has a permanent and continuous
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`presence in and has committed acts of infringement in this Judicial District.
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`FACTUAL ALLEGATIONS
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`Orckit Communications Ltd. and Its Breakthrough Communications Technology
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`10.
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`The patented technology is rooted in research by Orckit Communications Ltd. (later
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`reorganized and renamed Orckit-Corrigent Ltd.), a company founded in Israel in 1990 by Izhak
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`Tamir. The company was a pioneer in the development of infrastructure-level networking
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`products, and in its first decade became the market leader in Asymmetric Digital Subscriber Line
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`(ADSL) technology, winning a client base that included some of the world’s preeminent
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`telecommunications providers. The company went public, and in 1996 was listed in the United
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`States on the Nasdaq Stock Exchange.
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`11.
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`Building from that initial success, Orckit Communications Ltd. turned its attention
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`to overcoming significant limitations in Ethernet, the predominant technology used for local area
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`networks used in offices, schools and other local environments. With the proliferation of data and
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`the development of the Internet, demand for the data transmission skyrocketed. While Ethernet
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`could be used to connect a limited number of computers, it was not well suited to the delivery of
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`video, voice, and other applications with higher bandwidth requirements for a larger number of
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`users. The existing standard for delivering voice communications, known as the Synchronous
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`3
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`Optical Network (“SONET”) protocol, was not a viable alternative because it was not designed to
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`process data in an efficient and scalable way. As a result, providers like cable companies were
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`required to develop and install their own infrastructure to deliver services and could not rely on a
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`single network to provide different services in parallel.
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`12.
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`Orckit Communications Ltd.’s solutions addressed those shortcomings. It quickly
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`recognized that existing solutions could accommodate network traffic only so long as data
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`occupied only a small portion of overall network traffic. The company’s technology overcame
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`those limitations by enhancing Ethernet switching and routing to optimize the transmission of data,
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`voice and video, including those using Internet Protocol (“IP”) telecommunications networks. The
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`capacity, reliability, and resilience offered by Orckit Communications Ltd.’s inventions opened up
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`the possibility of the transmission of data, voice, and video services on the same network—the
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`hugely valuable “bundled services” or “triple-play services” sought by both telecommunications
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`companies and their customers.
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`13.
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`Between 2000 and 2010, Orckit Communications Ltd. invested hundreds of
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`millions of US dollars in research and development of those solutions. It earned recognition
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`around the world for those innovations and won contracts to rebuild national telecommunications
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`infrastructure systems along with hundreds of patents—including those at issue in this lawsuit.
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`14.
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` With the economic downturn of 2007 and 2008, many of Orckit Communications
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`Ltd.’s most significant potential customers dramatically reduced their infrastructure spending.
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`Even with its superior technology the company was unable to weather the global recession and
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`ultimately went into liquidation.
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`15.
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`Plaintiff Orckit Corporation obtained all rights to the Asserted Patents.
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`4
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`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 5 of 34 PageID #: 5
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`The Asserted Patents
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`U.S. Patent No. 7,545,740
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`16.
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`Orckit is the lawful owner of all right, title, and interest in U.S. Patent No.
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`7,545,740 (“the ’740 Patent”) entitled “TWO-WAY LINK AGGREGATION” (attached as Exhibit
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`1), including the right to sue and recover for infringement thereof. The ʼ740 Patent was duly and
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`legally issued on June 9, 2009, naming David Zelig, Ronen Solomon, and Uzi Khill as the
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`inventors.
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`17.
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`18.
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`The ʼ740 Patent has 31 claims: 12 independent claims and 19 dependent claims.
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`The ʼ740 Patent presented novel and unconventional apparatuses and methods for
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`(among other things) “connecting users to a communication network with increased capacity and
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`use of service.” Ex. 1, ’740 Patent at 1:39-41. The inventions patented in the ’740 Patent, for
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`example, distribute data frames among “parallel physical links, so as to balance the traffic load
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`among the links,” a process that in turn enables the network to “deliver a higher bandwidth at a
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`given [quality of service (‘QoS’)] or to improve the QoS at a given bandwidth.” Id. at 1:48-55.
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`The patented “load balancing operation in embodiments of the present invention enables statistical
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`multiplexing of the frames, in which there is no direct relationship or connection between user
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`ports and backplane traces.” Id. at 2:1-4. Furthermore, “[i]n some embodiments, two or more
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`physical user ports are aggregated into a [link aggregation] group external to the network element,
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`so as to form an aggregated user port having a higher bandwidth.” Id. at 2:5-8. One embodiment
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`of the inventions of the ʼ740 Patent is shown in Fig. 2, reproduced below:
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`5
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`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 6 of 34 PageID #: 6
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`19.
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`The claims of the ʼ740 Patent, including claim 1 (reproduced below), recite at least
`
`these inventive concepts of the ʼ740 Patent:
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`
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`A method for communication, comprising:
`
`1.
`
`coupling a network node to one or more interface modules using a first group of
`first physical links arranged in parallel, at least one of said first physical links being
`a bi-directional link operative to communicate in both an upstream direction and a
`downstream direction;
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`coupling each of the one or more interface modules to a communication network
`using a second group of second physical links arranged in parallel, at least one of
`said second physical links being a bi-directional link operative to communicate in
`both an upstream direction and a downstream direction;
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`receiving a data frame having frame attributes sent between the communication
`network and the network node;
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`selecting, in a single computation based on at least one of the frame attributes, a
`first physical link out of the first group and a second physical link out of the second
`group; and
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`sending the data frame over the selected first and second physical links,
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`said sending comprising communicating along at least one of said bi-directional
`links.
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`Id. at 10:65-11:20 (claim 1).
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`20.
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`The subject matter described and claimed in the ʼ740 Patent, including the subject
`
`matter of claim 1, represented an improvement in computer and communications functionality,
`6
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`performance and efficiency, and was novel and not well-understood, routine, or conventional at
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`the time of the invention of the ʼ740 Patent.
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`21.
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`Arista had knowledge of the ʼ740 Patent, including at least as of the filing of this
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`Complaint.
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`U.S. Patent No. 8,830,821
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`22.
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`Orckit is the lawful owner of all right, title, and interest in U.S. Patent No.
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`8,830,821 (“the ’821 Patent”) entitled “METHOD FOR SUPPORTING MPLS TRANSPORT
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`PATH RECOVERY WITH MULTIPLE PROTECTION ENTITIES” (attached as Exhibit 2),
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`including the right to sue and recover for infringement thereof. The ’821 Patent was duly and
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`legally issued on September 9, 2014, naming Daniel Cohn and Rafi Ram as the inventors.
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`23.
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`24.
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`The ’821 Patent has 20 claims: three independent claims and 17 dependent claims.
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`The ’821 Patent presented novel and unconventional apparatuses and methods for
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`(among other things) selecting network transport entities between a first and second endpoint,
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`using working and protection entities to minimize simultaneous failure and/or a cost function. Ex.
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`2, ’821 Patent, at Abstract; 2:5-21. The inventions patented in the ’821 Patent, for example, switch
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`between working and protection entities, determine a probability of concurrent failure of both
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`entities, and reselect an entity pair. Id. at 2:32-43. One embodiment of the inventions of the ’821
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`Patent is shown in Fig. 1, reproduced below:
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`7
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`25.
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`The claims of the ’821 Patent, including claim 14 (reproduced below), recite at least
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`these inventive concepts of the ’821 Patent:
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`
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`14. A system for selecting entities within an MPLS network, comprising:
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` a
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` data structure comprising a plurality of transport entity descriptors;
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`an entity protection switch configured to switch between a working entity and a
`protection entity; and
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`digital logic configured to select said working entity and said protection entity from
`said plurality of transport entity descriptors, comprising: logic configured to
`determine a probability of concurrent failure of said working entity and said
`protection entity;
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`logic configured to determine an entity cost of said plurality of transport entity
`descriptors; and
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`logic configured to reselect said working entity and said protection entity from said
`plurality of transport entity descriptors upon a reselection event,
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`wherein said reselection event is selected from a group consisting of adding an
`entity to said plurality of transport entities, removing an entity from said plurality
`of transport entities, an operational status change for one of said plurality of
`transport entities, and a change in over all cost for one of said plurality of transport
`entities.
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`8
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`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 9 of 34 PageID #: 9
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`Id. at 8:42-63 (claim 14).
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`26.
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`The subject matter described and claimed in the ’821 Patent, including the subject
`
`matter of claim 14, represented an improvement in computer and communications functionality,
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`performance and efficiency, and was novel and not well-understood, routine, or conventional at
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`the time of the invention of the ’821 Patent.
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`27.
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`Arista had knowledge of the ’821 Patent, including at least as of the filing of this
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`Complaint.
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`U.S. Patent No. 10,652,111
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`28.
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`Orckit is the lawful owner of all right, title, and interest in U.S. Patent No.
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`10,652,111 (“the ’111 Patent”) entitled “METHOD AND SYSTEM FOR DEEP PACKET
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`INSPECTION IN SOFTWARE DEFINED NETWORKS” (attached as Exhibit 3), including the
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`right to sue and recover for infringement thereof. The ʼ111 Patent was duly and legally issued on
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`May 12, 2020, naming Yossi Barsheshet, Simhon Doctori and Ronen Solomon as the inventors.
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`29.
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`30.
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`The ʼ111 Patent has 54 claims: two independent claims and 52 dependent claims.
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`The ʼ111 Patent presented novel and unconventional methods for (among other
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`things) “deep packet inspection (DPI) in a software defined network (SDN), wherein the method
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`is performed by a central controller of the SDN.” Ex. 3, ’111 Patent at 2:28-30. As an example,
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`unlike the prior art, the inventions patented in the ’111 Patent enable the inspection or extraction
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`of content from data packets belonging to a specific flow or session, thereby enabling security
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`threat detection. Id. at 1:61-67. The patented inventions also decrease traffic delays between client
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`and server, avoid overflowing the controller with data, and prevent the concentration of a single
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`point of failure for data traffic. Id. at 2:1-7. One embodiment of the inventions of the ʼ111 Patent
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`is shown in Fig. 1, reproduced below:
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`9
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`31.
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`The claims of the ʼ111 Patent, including claim 1 (reproduced below), recite at least
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`
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`these inventive concepts of the ʼ111 Patent:
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`1. A method for use with a packet network including a network node for
`transporting packets between first and second entities under control of a controller
`that is external to the network node, the method comprising:
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`sending, by the controller to the network node over the packet network, an
`instruction and a packet-applicable criterion;
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`receiving, by the network node from the controller, the instruction and the criterion;
`receiving, by the network node from the first entity over the packet network, a
`packet addressed to the second entity;
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`checking, by the network node, if the packet satisfies the criterion;
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`responsive to the packet not satisfying the criterion, sending, by the network node
`over the packet network, the packet to the second entity; and
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`responsive to the packet satisfying the criterion, sending the packet, by the network
`node over the packet network, to an entity that is included in the instruction and is
`other than the second entity.
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`Id. at 10:51-11:4 (claim 1).
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`10
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`32.
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`The subject matter described and claimed in the ʼ111 Patent, including the subject
`
`matter of claim 1, represented an improvement in computer and communications functionality,
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`performance and efficiency, and was novel and not well-understood, routine, or conventional at
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`the time of the invention of the ʼ111 Patent.
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`33.
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`Arista had knowledge of the ʼ111 Patent, including at least as of the filing of this
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`Complaint.
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`BACKGROUND OF ARISTA’S INFRINGING CONDUCT
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`34.
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`Defendant Arista Networks, Inc. is a cloud networking company that makes, uses,
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`sells, offers for sale in the United States, and/or imports into the United States, or has otherwise
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`made, used, sold, offered for sale in the United States, and/or imported in the United States, routers,
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`switches, and other networking equipment and software that infringe the Asserted Patents, and
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`also has induced and contributed to and continues to induce and contribute to infringement of
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`others who have made, used, sold, offered for sale in the United States, and/or imported in the
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`United States, routers, switches, and other networking equipment and software that infringe the
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`Asserted Patents.
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`35.
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`A non-comprehensive list of products that infringe the Asserted Patents is set out
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`in Appendices A-C hereto (“the Accused Products”). Arista’s infringement includes the making,
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`using, selling, offering for sale and/or importing the listed products, and Arista’s active inducement
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`of infringement, including by supplying the listed products to third parties that use those products
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`to practice the claimed methods of the asserted patents. Orckit reserves the right to supplement
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`and amend the list of Accused Products recited in Appendices A-C as permitted by the Court.
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`11
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`36.
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`Arista infringes and continues to infringe the Asserted Patents by making, using,
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`selling, offering to sell, and/or importing, without license or authority, the Accused Products as
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`alleged herein.
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`37.
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`Arista markets, advertises, offers for sale, and/or otherwise promotes the Accused
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`Products and does so to induce, encourage, instruct, and aid one or more persons in the United
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`States to make, use, sell, and/or offer to sell their Accused Products. For example, Arista
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`advertises, offers for sale, and/or otherwise promotes the Accused Products on its website. Arista
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`further publishes and distributes data sheets, manuals, and guides for the Accused Products, as set
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`forth in detail below. Therein, Arista describes and touts the use of the subject matter claimed in
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`the Asserted Patents, as described and alleged below.
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`38.
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`Arista has had knowledge of the Asserted Patents and the inventions claimed and
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`described therein at least as of the filing of this Complaint.
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`COUNT ONE: INFRINGEMENT OF U.S. PATENT 7,545,740
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`39.
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`Arista directly infringes at least claim 1 of the ’740 Patent by making, using,
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`offering for sale, selling, and/or importing products, including at least the Accused Products, which
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`include but are not limited to the products set forth in Appendix A (“the ’740 Accused Products”),
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`that meet every limitation, either literally or under the doctrine of equivalents, of at least claim 1
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`of the ʼ740 Patent, in violation of 35 U.S.C. § 271(a).
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`40.
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`The ’740 Accused Products, including the Arista 7060X4-32S-C Switch (“Arista
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`7060X4-32S-C”), which is exemplary of all of the ’740 Accused Products, are used by Arista
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`and/or the end users of its products to practice a method for communication that includes the steps
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`set forth in paragraphs ¶¶ 41-45 infra. For example, the ’740 Accused Products, including the
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`Arista 7060X4-32S-C can be used to provide connectivity between network devices and the
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`
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`12
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`internet, i.e., they are used to practice a method for communication. See, e.g., Simplifying 400G
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`for Data Centers (available at https://www.arista.com/assets/data/pdf/Whitepapers/400G-
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`Architecture-WP.pdf) (“High performance computing (HPC) with artificial intelligence/machine
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`learning (AI/ML) are increasingly mainstream applications at the forefront of innovation in the
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`use of automation, modelling and autonomous systems for research, financial services,
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`manufacturing industries and in the broad commercial world. These next generation applications
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`leverage ever larger data sets and increasing numbers of clustered compute nodes communicating
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`in east-west patterns at high speed and low latency to operate effectively. In addition to the need
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`to build increasingly large clusters to support these applications, the adoption of FPGA and DPU
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`based network adapters (SmartNICs) based on PCIe Gen4 for higher bandwidth, lower latency and
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`higher throughput flash based storage systems and NVMe for distributed file systems, leveraging
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`Remote Direct Memory Access (RDMA) has rapidly driven the network connectivity on servers
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`from 10/25Gbps to 50G, 100G and 200 Gbps for the latest generation. Arista’s 7050X4 and
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`7060X4-32S-C families are ideally suited to these applications offering a range of interfaces from
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`25G to 200G and 400G”).
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`41.
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`The ’740 Accused Products, including the Arista 7060X4-32S-C, are used to couple
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`a network node to one or more interface modules using a first group of first physical links arranged
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`in parallel, at least one of said first physical links being a bi-directional link operative to
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`communicate in both an upstream direction and a downstream direction. For example, the Arista
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`7060X4-32S-C includes a number of full duplex ports, i.e., a first group of bidirectional physical
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`links operative to communicate in both an upstream direction and a downstream direction, that are
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`used to connect one of more network interface modules—for example, internal component(s) such
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`as ASIC(s) responsible for packet forwarding, packet filtering, and other network-related
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`13
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`functions—to network nodes. See, e.g., “Arista 7060X4 Series 100/200/400G Data Center
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`Switches Data Sheet” (available at https://www.arista.com/assets/data/pdf/Datasheets/7060X4-
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`Datasheet.pdf) (“The expansion of applications for machine learning and artificial intelligence
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`driven by faster CPUs, flash storage and server less compute is driving the next generation of
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`datacenter cloud networks based on 400G Ethernet. Evolution to 400G requires systems that
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`deliver higher performance, to address the growth demands, and increased scale optimized for
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`modern hyper-scale cloud environments, in addition to backward compatibility and a consistent
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`proven architecture. The Arista 7060X4 series deliver high density 400G switching with line rate
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`performance, proven layer 2 and layer 3 features, and advances in traffic awareness, congestion
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`handling and instrumentation for the largest scale cloud networks. The Arista 7060X4 series, with
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`the Arista 7060X and 7260X portfolio of data center switches, deliver a rich choice of port speed
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`and density including 25GbE, 100GbE, 200GbE and 400GbE enabling consistent network
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`architectures that seamlessly scale from small dedicated clusters to the needs of the largest multi-
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`tier
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`networks.”);
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`“Arista
`
`EOS
`
`User
`
`Manual”
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`(available
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`at
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`https://www.arista.com/assets/data/pdf/user-manual/um-books/EOS-4.29.2F-Manual.pdf) at 959
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`(“100 Gigabit Ethernet implements full duplex point to point links connected by network switches.
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`Arista switches support 100GBASE-10SR through MXP ports.”). For further example, the ports
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`are arranged in parallel, for example, as part of a link aggregation group (LAG), which the Arista
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`7060X4-32S-C supports through the use of a Link Aggregation Control Protocol (LACP). See,
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`e.g., “Arista EOS User Manual” (available at https://www.arista.com/assets/data/pdf/user-
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`manual/um-books/EOS-4.29.2F-Manual.pdf) at 1096 (“Arista’s switching platforms support
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`industry-standard
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`link aggregation protocols.”); “Arista 7060X Series”
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`(available at
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`https://www.arista.com/en/products/7060x-series/7060x4-specifications):
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`
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`14
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`
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`42.
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`The ’740 Accused Products, including the Arista 7060X4-32S-C, are used to couple
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`each of the one or more interface modules to a communication network using a second group of
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`second physical links arranged in parallel, at least one of said second physical links being a bi-
`
`directional link operative to communicate in both an upstream direction and a downstream
`
`direction. Upon information and belief, the Arista 7060X4-32S-C can be used to couple the
`
`network interface modules in the Arista 7060X4-32S-C to a communication network with a second
`
`group of physical links, for example, a variety of paths such as custom-designed ASICs,
`
`interconnects, ports, and/or high-speed electrical pathways that connect the network interface
`
`module to a network. Upon information and belief, the second physical links are bi-directional
`
`links operative to communicate in both an upstream and a downstream direction, for example, they
`
`are designed to allow for full-duplex communication between the network interface module and
`
`the
`
`network.
`
`
`
`See,
`
`e.g.,
`
`“Arista
`
`EOS User Manual”
`
`(available
`
`at
`
`https://www.arista.com/assets/data/pdf/user-manual/um-books/EOS-4.29.2F-Manual.pdf) at 959
`
`(“100 Gigabit Ethernet implements full duplex point to point links connected by network switches.
`
`Arista switches support 100GBASE-10SR through MXP ports.”).
`
`
`
`15
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`

`

`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 16 of 34 PageID #: 16
`
`43.
`
`The ’740 Accused Products, including the Arista 7060X4-32S-C, are used to
`
`receive a data frame having frame attributes sent between the communication network and the
`
`network node. For example, the Arista 7060X4-32S-C is used to receive a data frame, which is
`
`then processed to perform various operations, including parsing the frame attributes and
`
`performing forwarding decisions based on the information contained in the frame. See, e.g.,
`
`“Arista EOS User Manual” (available at https://www.arista.com/assets/data/pdf/user-manual/um-
`
`books/EOS-4.29.2F-Manual.pdf) at 1216 (“Arista switches transfer data through switching,
`
`routing, and Layer 3 switching.”). For further example, the switch may also apply additional
`
`processing based on the frame attributes, such as queuing the frame for prioritized forwarding
`
`based on QoS
`
`information.
`
` See, e.g., “Arista EOS User Manual” (available at
`
`https://www.arista.com/assets/data/pdf/user-manual/um-books/EOS-4.29.2F-Manual.pdf) at 652
`
`(“QoS processes apply to traffic that flows through Ethernet ports and control planes. These
`
`processes can modify data fields (CoS or DSCP) or assign data streams to traffic classes for
`
`prioritized handling. Transmission queues are configurable for individual Ethernet ports to shape
`
`traffic based on its traffic class.”).
`
`44.
`
`The ’740 Accused Products, including the Arista 7060X4-32S-C, are used to select,
`
`in a single computation based on at least one of the frame attributes, a first physical link out of the
`
`first group and a second physical link out of the second group. For example, the Arista 7060X4-
`
`32S-C is used to determine a network path for a data stream—and therefore selects the physical
`
`links from a first and second group used to receive and/or transmit data—by, among other things,
`
`performing a hash-based algorithm that uses frame attributes such as header information to select
`
`those physical
`
`links.
`
`
`
` See, e.g., “Arista EOS User Manual”
`
`(available at
`
`https://www.arista.com/assets/data/pdf/user-manual/um-books/EOS-4.29.2F-Manual.pdf) at 1106
`
`
`
`16
`
`

`

`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 17 of 34 PageID #: 17
`
`(“The switch balances packet load across multiple links in a port channel by calculating a hash
`
`value based on packet header fields. The hash value determines the active member link through
`
`which the packet is transmitted. This method, in addition to balancing the load in the LAG, ensures
`
`that all packets in a data stream follow the same network path.”). Upon information and belief,
`
`the selection of both the first link from the first group and the second link in the second group are
`
`done in a single computation.
`
`45.
`
`The ’740 Accused Products, including the Arista 7060X4-32S-C, are used to send
`
`the data frame over the selected first and second physical links. For example, the Arista 7060X4-
`
`32S-C is used to transmit data between a network node and a network (see supra) via a network
`
`module connected to the network node through a first group of links (e.g., ports) and to a switch
`
`fabric via a second group of links (e.g., switch fabric ports, interconnects, electrical pathways); it
`
`is therefore used to send a data frame over the selected first and second physical links, as described
`
`supra. Moreover, as described supra, the sending comprises communicating along at least one of
`
`said bi-directional links, for example, as discussed supra, the links support full duplex
`
`communication.
`
`46. With knowledge of the ʼ740 Patent, Arista has actively induced and continues to
`
`induce the direct infringement of one or more claims of the ʼ740 Patent, including claim 1, in
`
`violation of 35 U.S.C. § 271(b) by its customers and/or end users of their products, including at
`
`least the ’740 Accused Products, by selling products with a particular design, providing support
`
`for, providing instructions for use of, and/or otherwise encouraging its customers and/or end-users
`
`to directly infringe, either literally and/or under the doctrine of equivalents, one or more claims of
`
`the ʼ740 Patent, including claim 1, with the intent to encourage those customers and/or end-users
`
`to infringe the ʼ740 Patent.
`
`
`
`17
`
`

`

`Case 1:23-cv-00821-MN Document 1 Filed 07/28/23 Page 18 of 34 PageID #: 18
`
`47.
`
`By way of example, Arista actively induces infringement of the ʼ740 Patent by
`
`encouraging, instructing, and aiding one or more persons in the United States, including but not
`
`limited to customers and end users who purchase, test, operate, and use Arista’s products,
`
`including at least the ’740 Accused Products, to make, use, sell, and/or offer to sell Arista’s
`
`products, including at least the ’740 Accused Products, in a manner that infringes at least one claim
`
`of the ʼ740 Patent, including claim 1.
`
`48.
`
`As a result of Arista’s inducement of infringement, its customers and/or end users
`
`made, used, sold, offered for sale, or imported, and continue to make, use, sell, offer to sell, or
`
`import Arista’s products, including the ’740 Accused Products, in ways that directly infringe one
`
`or more claims of the ʼ740 Patent, including claim 1, such as in the manner described above with
`
`respect to the Arista 7060X4-32S-C. Arista has had knowledge of its customers’ and/or end users’
`
`direct infringement at least by virtue of its sales, instruction, and/or promotion of Arista’s products,
`
`including the ’740 Accused Products, no later than the filing of this Complaint.
`
`49.
`
`Arista has also contributed to and continues to contribute to the infringement by
`
`others, including its customers and/or the end users of its products, of at least claim 1 of the ’740
`
`Patent under 35 U.S.C. § 271(c) by, among other things, selling, offering for sale within the United
`
`States and/or im