Case 6:10-cv-00417-LED Document 75 Filed 02/04/11 Page 1 of 31 PageID #: 684
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`Civil Action No. 6:10-CV-417
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`§§§§§§§§§§§§§§
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`VirnetX Inc.,
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`Plaintiff,
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`vs.
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`Cisco Systems, Inc.,
`Apple Inc.,
`Aastra USA, Inc.,
`Aastra Technologies Ltd.,
`NEC Corporation, and
`NEC Corporation of America,
`
`
`Defendants.
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`PLAINTIFF VIRNETX INC.’S FIRST AMENDED COMPLAINT
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`Plaintiff VirnetX Inc. (“VirnetX”) files this First Amended Complaint against Defendants
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`Aastra USA, Inc., Aastra Technologies Ltd., Apple Inc., Cisco Systems, Inc., NEC Corporation,
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`and NEC Corporation of America (collectively, “Defendants”) for patent infringement under 35
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`U.S.C. § 271 and in support thereof would respectfully show the Court the following:
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`THE PARTIES
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`1.
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`Plaintiff VirnetX is a corporation organized and existing under the laws of the
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`State of Delaware, and maintains its principal place of business at 5615 Scotts Valley Drive,
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`Suite 110 Scotts Valley, California.
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`2.
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`Defendant Aastra Technologies Ltd. is a Canadian corporation with its principal
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`place of business at 155 Snow Blvd., Concord, Ontario Canada, L4K 4N9. Defendant Aastra
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`USA, Inc. is a Delaware corporation with its principal place of business at 2811 Internet Blvd.,
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`Frisco, TX 75034. Aastra Technologies Ltd. and Aastra USA, Inc. are collectively referred to
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`as “Aastra.” On information and belief, Aastra regularly conducts and transacts business in
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`Dallas 297838v1
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`VIRNETX EXHIBIT 2012
`Apple v. Virnetx
`Case IPR2013-00348
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`Texas, throughout the United States, and within the Eastern District of Texas, and as set forth
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`below, has committed and continues to commit, tortious acts of patent infringement within and
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`outside of Texas and within the Eastern District of Texas.
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`3.
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`Defendant Apple Inc. (“Apple”) is a California corporation with its principal
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`place of business at 1 Infinite Loop, Cupertino, California 95014. On information and belief,
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`Apple regularly conducts and transacts business in Texas, throughout the United States, and
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`within the Eastern District of Texas, and as set forth below, has committed and continues to
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`commit, tortious acts of patent infringement within and outside of Texas and within the Eastern
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`District of Texas.
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`4.
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` Defendant Cisco Systems, Inc. (“Cisco”) is a California corporation with its
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`principal place of business at 170 West Tasman Dr., San Jose, CA 95134. On information and
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`belief, Cisco regularly conducts and transacts business in Texas, throughout the United States,
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`and within the Eastern District of Texas, and as set forth below, has committed and continues
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`to commit, tortious acts of patent infringement within and outside of Texas and within the
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`Eastern District of Texas.
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`5.
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`Defendant NEC Corporation is a Japanese corporation with its principal place of
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`business at 5-7-1 Shiba, Minato-ku, Tokyo 108-8001. Defendant NEC Corporation of America
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`is a Nevada corporation with its principal place of business at 6535 N. State Highway 161,
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`Irving, Texas 75039. NEC Corporation and NEC Corporation of America are collectively
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`referred to as “NEC.” On information and belief, NEC regularly conducts and transacts
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`business in Texas, throughout the United States, and within the Eastern District of Texas, and
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`as set forth below, has committed and continues to commit, tortious acts of patent infringement
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`within and outside of Texas and within the Eastern District of Texas.
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`JURISDICTION AND VENUE
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`6.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, Title 35, United States Code. This Court has exclusive subject matter
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`jurisdiction over this case for patent infringement under 28 U.S.C. § 1338.
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`7.
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`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and
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`1400(b).
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`8.
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`This Court has personal jurisdiction over Defendants. Defendants have
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`conducted and do conduct business within the State of Texas. Defendants, directly or through
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`subsidiaries or intermediaries (including distributors, retailers, and others), ships, distributes,
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`offers for sale, sells, and advertises (including the provision of an interactive web page) its
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`products and/or services in the United States, the State of Texas, and the Eastern District of
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`Texas. Defendants, directly and through subsidiaries or intermediaries (including distributors,
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`retailers, and others), has purposefully and voluntarily placed one or more of its infringing
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`products and/or services, as described below, into the stream of commerce with the expectation
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`that they will be purchased and used by consumers in the Eastern District of Texas. These
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`infringing products and/or services have been and continue to be purchased and used by
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`consumers in the Eastern District of Texas. Defendants have committed acts of patent
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`infringement within the State of Texas and, more particularly, within the Eastern District of
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`Texas.
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`ASSERTED PATENTS
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`9.
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`On December 31, 2002, United States Patent No. 6,502,135 (“the ’135 patent”)
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`entitled “Agile Network Protocol for Secure Communications with Assured System
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`Availability” was duly and legally issued with Edmund Colby Munger, Douglas Charles
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`Schmidt, Robert Dunham Short, III, Victor Larson, Michael Williamson as the named
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`inventors after full and fair examination. VirnetX is the owner of all rights, title, and interest in
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`and to the ’135 patent and possesses all rights of recovery under the ’135 patent. A copy of the
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`’135 patent is attached as Exhibit A.
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`10.
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`On January 4, 2005, United States Patent No. 6,839,759 (“the ’759 patent”)
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`entitled “Method for Establishing Secure Communication Link Between Computers of Virtual
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`Private Network Without User Entering Any Cryptographic Information” was duly and legally
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`issued with Victor Larson, Robert Dunham Short, III, Edmund Colby Munger, and Michael
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`Williamson as the named inventors after full and fair examination. VirnetX is the owner of all
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`rights, title, and interest in and to the ’759 patent and possesses all rights of recovery under the
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`’759 patent. A copy of the ’759 patent is attached as Exhibit B.
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`11.
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`On March 6, 2007, United States Patent No. 7,188,180 (“the ’180 patent”)
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`entitled “Method for Establishing Secure Communication Link Between Computers of Virtual
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`Private Network” was duly and legally issued with Victor Larson, Robert Dunham Short, III,
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`Edmund Colby Munger, and Michael Williamson as the named inventors after full and fair
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`examination. VirnetX is the owner of all rights, title, and interest in and to the ’180 patent and
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`possesses all rights of recovery under the ’180 patent. A copy of the ’180 patent is attached as
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`Exhibit C.
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`12.
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`On August 26, 2008, United States Patent No. 7,418,504 (“the ’504 patent”)
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`entitled “Agile Network Protocol for Secure Communications Using Secure Domain Names”
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`was duly and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby
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`Munger, and Michael Williamson as the named inventors after full and fair examination.
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`VirnetX is the owner of all rights, title, and interest in and to the ’504 patent and possesses all
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`rights of recovery under the ’504 patent. A copy of the ’504 patent is attached as Exhibit D.
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`13.
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`On February 10, 2009, United States Patent No. 7,490,151 (“the ’151 patent”)
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`entitled “Establishment of a Secure Communication Link Based on a Domain Name Service
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`(DNS) Request” was duly and legally issued with Edmund Colby Munger, Robert Dunham
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`Short, III, Victor Larson, and Michael Williamson as the named inventors after full and fair
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`examination. VirnetX is the owner of all rights, title, and interest in and to the ’151 patent and
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`possesses all rights of recovery under the ’151 patent. A copy of the ’151 patent is attached as
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`Exhibit E.
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`COUNT ONE
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`PATENT INFRINGEMENT BY AASTRA
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`14.
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`VirnetX incorporates by reference paragraphs 1-13 as if fully set forth herein.
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`As described below, Aastra has infringed and/or continues to infringe the ’135 and ‘504
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`patents.
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`15.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000
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`server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone infringe at least system claims 10 and 12
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`of the ’135 patent. Aastra makes, uses, sells, offers for sale, exports, imports, supplies, and/or
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`distributes within and from the United States these products and thus directly infringes at least
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`claims 10, 12, and 13 of the ’135 patent.
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`16.
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`The use of at least Aastra’s Clearspan platform, Pointspan platform, 800 server,
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`5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone as intended by Aastra infringes at least
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`method claims 1, 3, 7, and 9 of the ’135 patent. Aastra uses these products and thus directly
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`infringes at least claims 1-5, 7, 9-10, and 12-13 of the ’135 patent.
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`17.
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`In addition, Aastra provides at least its Clearspan platform, Pointspan platform,
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`800 server, 5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i
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`telephone, 6731i telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i)
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`telephone, 6757i CT (57i CT) telephone, M670i (536M) Expansion Module, M675i (560M)
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`Expansion Module, 9143i telephone, 9480i telephone, and 9480i CT telephone to resellers,
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`consultants, and end-user customers in the United States who, in turn, use these products to
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`infringe at least claims 1-5, 7, 9-10, and 12-13 of the ’135 patent.
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`18.
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`Aastra indirectly infringes the ‘135 patent by inducing infringement by resellers,
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`consultants, and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra
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`actively induces infringement of the ‘135 patent by resellers, consultants, and end-user
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`customers.
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`19.
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`Aastra indirectly infringes the ‘135 patent by contributing to infringement by
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`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Aastra offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be
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`especially made or especially adapted for use in an infringement of such patent, and not a
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`staple article or commodity of commerce suitable for substantial non-infringing use.
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`20.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000
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`server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone infringe at least system claims, 1, 2, 5, 14-
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`17, 19-23, and 26-35 of the ‘504 patent. Aastra makes, uses, sells, offers for sale, exports,
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`imports, supplies, and/or distributes within and from the United States these products and thus
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`directly infringes at least claims, 1, 6, 8, 9, 14-17, 19-23, and 26-35 of the ‘504 patent.
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`21.
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`At least Aastra’s Clearspan platform, Pointspan platform, 800 server, 5000
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`server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone, well as Aastra’s servers, master discs,
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`and other media that store, cache, or distribute Aastra’s software, infringe at least computer
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`readable media claims 36, 38-41, 43-47, 50-59 of the ‘504 patent. Aastra makes, uses, sells,
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`offers for sale, imports, exports, imports, supplies, and/or distributes within and from the
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`United States these products and media and thus directly infringes at least claims 36, 38-41,
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`43-47, 50-59 of the ‘504 patent.
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`22.
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`The use of at least Aastra’s Clearspan platform, Pointspan platform, 800 server,
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`5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i
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`telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i
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`CT) telephone, M670i (536M) Expansion Module, M675i (560M) Expansion Module, 9143i
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`telephone, 9480i telephone, and 9480i CT telephone as intended by Aastra infringes at least
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`method claim 60 of the ‘504 patent. Aastra uses these products and thus directly infringes at
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`least claim 60 of the ‘504 patent.
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`23.
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`In addition, Aastra provides at least its Clearspan platform, Pointspan platform,
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`800 server, 5000 server, 6725ip telephone, 6721ip telephone, 6739i telephone, 6730i
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`telephone, 6731i telephone, 6753i (53i) telephone, 6755i (55i) telephone, 6757i (57i)
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`telephone, 6757i CT (57i CT) telephone, M670i (536M) Expansion Module, M675i (560M)
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`Expansion Module, 9143i telephone, 9480i telephone, and 9480i CT telephone to resellers,
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`consultants, and end-user customers in the United States who, in turn, use these products to
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`infringe at least claims 1, 6, 8, 9, 14-17, 19-23, 26-36, 38-41, 43-47, and 50-60 of the ‘504
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`patent.
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`24.
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`Aastra indirectly infringes the ‘504 patent by inducing infringement by resellers,
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`consultants, and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra
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`actively induces infringement of the ‘504 patent by resellers, consultants, and end-user
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`customers.
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`25.
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`Aastra indirectly infringes the ‘504 patent by contributing to infringement by
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`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
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`Aastra offers to sell or sells within the United States a component of a patented machine,
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`manufacture, combination, or composition, or a material or apparatus for use in practicing a
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`patented process, constituting a material part of the invention, knowing the same to be
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`especially made or especially adapted for use in an infringement of such patent, and not a
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`staple article or commodity of commerce suitable for substantial non-infringing use.
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`26.
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`Aastra has infringed and/or continues to infringe one or more claims of the ‘135
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`and ‘504 patents as set forth above. Aastra is liable for direct infringement, as well as indirect
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`infringement by way of inducement and/or contributory infringement, for the ‘135 and ‘504
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`patents pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above. For VirnetX’s
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`claims of indirect infringement, Aastra’s resellers, consultants, and end-user customers are
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`direct infringers of the ‘135 and ‘504 patents.
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`27.
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`Aastra’s acts of infringement have caused damage to VirnetX. VirnetX is
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`entitled to recover from Aastra the damages sustained by VirnetX as a result of Aastra’s
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`wrongful acts in an amount subject to proof at trial. In addition, the infringing acts and
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`practices of Aastra has caused, is causing, and, unless such acts and practices are enjoined by
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`the Court, will continue to cause immediate and irreparable harm to VirnetX for which there is
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`no adequate remedy at law, and for which VirnetX is entitled to injunctive relief under 35
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`U.S.C. § 283.
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`28.
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`Aastra has received actual notice of infringement by virtue of the filing of this
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`lawsuit. Aastra has also received constructive notice, as VirnetX has complied with the
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`requirements of 35 U.S.C. § 287.
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`COUNT TWO
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`PATENT INFRINGEMENT BY APPLE
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`29.
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`VirnetX incorporates by reference paragraphs 1-28 as if fully set forth herein.
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`As described below, Apple has infringed and/or continues to infringe the ’135, ’151, and ‘504
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`patents.
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`30.
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`At least Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and
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`iPad, when configured and operating in a system as specified by Apple, infringe at least system
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`claims 10 and 12 of the ’135 patent. Apple makes and/or uses these systems and thus directly
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`infringes at least claims 10 and 12 of the ’135 patent.
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`31.
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`The use of Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and
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`iPad as intended by Apple infringes at least method claims 1, 3, 7, 8, and 9 of the ’135 patent.
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`Apple uses these products and thus directly infringes at least claims 1, 3, 7, 8, and 9 of the ’135
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`patent.
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`32.
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`In addition, Apple provides at least its iPhone, iPhone 3G, iPhone 3GS, iPhone
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`4, iPod Touch, and iPad to others, such as resellers and end-user customers, in the United
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`States who, in turn, use these products to infringe at least claims 1, 3, 7, 8, 9, 10, and 12 of the
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`’135 patent.
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`33.
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`Apple indirectly infringes by inducing infringement by others, such as resellers
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`and end-user customers, in accordance with 35 U.S.C. § 271(b), because Apple actively
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`induces infringement of the ’135 patent by others, such as resellers and end-user customers.
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`34.
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`Apple indirectly infringes the ’135 patent by contributing to infringement by
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`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c),
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`because Apple offers to sell or sells within the United States a component of a patented
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`machine, manufacture, combination, or composition, or a material or apparatus for use in
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`practicing a patented process, constituting a material part of the invention, knowing the same to
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`be especially made or especially adapted for use in an infringement of such patent, and not a
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`staple article or commodity of commerce suitable for substantial non-infringing use.
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`35.
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`Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and iPad
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`infringe at least apparatus claims 1 and 6 of the ’151 patent. Apple makes, uses, sells, offers
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`for sale, imports, exports, imports, supplies, and/or distributes within and from the United
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`States these products and thus directly infringes at least claims 1 and 6 of the ’151 patent.
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`36.
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`At least Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and
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`iPad, as well as Apple’s servers, master discs, and other media that store, cache, or distribute
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`iPhone OS, infringe at least computer readable media claims 7, 12, and 13 of the ’151 patent.
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`Apple makes, uses, sells, offers for sale, imports, exports, imports, supplies, and/or distributes
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`within and from the United States these products and media and thus directly infringes at least
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`claims 7, 12 and 13 of the ’151 patent.
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`37.
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`In addition, Apple provides at least its iPhone, iPhone 3G, iPhone 3GS, iPhone
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`4, iPod Touch, and iPad and media that store, cache, or distribute iPhone OS to others, such as
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`resellers and end-user customers, in the United States who, in turn, use these products to
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`infringe at least claims 1, 6, 7, 12, and 13 of the ’151 patent.
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`38.
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`Apple indirectly infringes the ‘151 patent by inducing infringement by others,
`
`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because
`
`Apple actively induces infringement of the ’151 patent by others, such as resellers and end-user
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`customers.
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`39.
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`Apple indirectly infringes the ’151 patent by contributing to infringement by
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`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c),
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`because Apple offers to sell or sells within the United States a component of a patented
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`machine, manufacture, combination, or composition, or a material or apparatus for use in
`
`practicing a patented process, constituting a material part of the invention, knowing the same to
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`be especially made or especially adapted for use in an infringement of such patent, and not a
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`staple article or commodity of commerce suitable for substantial non-infringing use.
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`40.
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`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality, when configured and operating in a system as specified by Apple, and Apple’s
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`iPhone 4, iPod Touch, and Apple computers running Apple’s FaceTime for Mac application,
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`infringe at least system claims 1, 2, 5, 6, 14-23, 26-28, and 33-35 of the ‘504 patent. Apple
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`makes and/or uses these systems and thus directly infringes at least claims 1, 2, 5, 6, 14-23, 26-
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`28, and 33-35 of the ’504 patent.
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`41.
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`At least Apple’s servers and other Apple computers that support the FaceTime
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`functionality, as well as Apple’s servers, master discs, and other media that store, cache, or
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`distribute iPhone OS, when configured and operating in a system as specified by Apple, and
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`Apple’s iPhone 4, iPod Touch, and Apple computers running Apple’s FaceTime for Mac
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`application, infringe at least machine readable medium claims 36-47, 49-52, and 57-59 of the
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`’504 patent. Apple makes, uses, sells, offers for sale, imports, exports, imports, supplies,
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`and/or distributes within and from the United States these products and media and thus directly
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`infringes at least claims 36-47, 50-52, and 57-59 of the ‘504 patent.
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`42.
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`The use of at least Apple’s servers and other Apple computers that support the
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`FaceTime functionality, when configured and operating in a system as specified by Apple, and
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`Apple’s iPhone 4, iPod Touch, and Apple computers running Apple’s FaceTime for Mac
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`application, as intended by Apple infringes at least method claim 60 of the ’504 patent. Apple
`
`uses these products and thus directly infringes at least claim 60 of the ‘504 patent.
`
`43.
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`In addition, Apple provides at least its iPhone 4, iPod Touch, Apple computers
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`running Apple’s FaceTime for Mac application, and media that store, cache, or distribute
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`iPhone OS to others, such as resellers and end-user customers, in the United States who, in
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`turn, use these products to infringe at least claims 1, 2, 5, 6, 14-23, 26-28, 33-47, 50-52, and
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`57-60 of the ‘504 patent.
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`44.
`
`Apple indirectly infringes the ‘504 patent by inducing infringement by others,
`
`such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(b), because
`
`Apple actively induces infringement of the ’504 patent by others, such as resellers and end-user
`
`customers.
`
`45.
`
`Apple indirectly infringes the ’504 patent by contributing to infringement by
`
`others, such as resellers and end-user customers, in accordance with 35 U.S.C. § 271(c),
`
`because Apple offers to sell or sells within the United States a component of a patented
`
`machine, manufacture, combination, or composition, or a material or apparatus for use in
`
`practicing a patented process, constituting a material part of the invention, knowing the same to
`
`be especially made or especially adapted for use in an infringement of such patent, and not a
`
`staple article or commodity of commerce suitable for substantial non-infringing use.
`
`46.
`
`Apple has infringed and/or continues to infringe one or more claims of the ’135,
`
`’151, and ‘504 patents as set forth above. Apple is liable for direct infringement, as well as
`
`indirect infringement by way of inducement and/or contributory infringement, for the ’135,
`
`’151, and ‘504 patents pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above.
`
`For VirnetX’s claims of indirect infringement, Apple’s resellers, consultants, and end-user
`
`customers are direct infringers of the ’135, ’151, and ‘504 patents.
`
`47.
`
`Apple’s acts of infringement have caused damage to VirnetX. VirnetX is
`
`entitled to recover from Apple the damages sustained by VirnetX as a result of Apple’s
`
`wrongful acts in an amount subject to proof at trial. In addition, the infringing acts and
`
`practices of Apple have caused, are causing, and, unless such acts and practices are enjoined by
`
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`Case 6:10-cv-00417-LED Document 75 Filed 02/04/11 Page 14 of 31 PageID #: 697
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`the Court, will continue to cause immediate and irreparable harm to VirnetX for which there is
`
`no adequate remedy at law, and for which VirnetX is entitled to injunctive relief under 35
`
`U.S.C. § 283.
`
`48.
`
`Apple has received actual notice of infringement by virtue of the filing of this
`
`lawsuit. Apple has also received constructive notice, as VirnetX has complied with the
`
`requirements of 35 U.S.C. § 287.
`
`COUNT THREE
`
`
`
`PATENT INFRINGEMENT BY CISCO
`
`49.
`
`VirnetX incorporates by reference paragraphs 1-48 as if fully set forth herein.
`
`As described below, Cisco has infringed and/or continues to infringe the ’135, ’759, ’180, and
`
`’504 patents.
`
`50.
`
`At least Cisco’s 3900, 6900, 7900, 8900, and 9900 Series IP Phones, IP
`
`Communicator, Cius, 3200, 3000, 1300, 1100, 1000 and 500 Series TelePresence Systems,
`
`Cisco TelePresence Multipoint Switch, Unified Communications Manager Business Edition,
`
`Unified Communications Manager Express, Unified Communications Manager (including
`
`certain versions formerly known as Unified CallManager), ASA 5500 Series Adaptive Security
`
`Appliances, SPA 301, 303, 501G, 502G, 504G, 508G, 509G, 525G/525G2, SPA962, SPA942,
`
`SPA941, SPA932, SPA922, SPA921, and SPA901 IP Phones, Unified Border Element,
`
`Unified SIP Proxy, 2600, 2800, 3700, and 3800 Series Integrated Services Routers, and SIP
`
`Proxy Server infringe at least system claims 10 and 12 of the ’135 patent. Cisco makes, uses,
`
`sells, offers for sale, exports, imports, supplies, and/or distributes within and from the United
`
`States these products and thus directly infringes at least claims 10 and 12 of the ’135 patent.
`
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`Case 6:10-cv-00417-LED Document 75 Filed 02/04/11 Page 15 of 31 PageID #: 698
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`51.
`
`The use of at least Cisco’s 3900, 6900, 7900, 8900, and 9900 Series IP Phones,
`
`IP Communicator, Cius, 3200, 3000, 1300, 1100, 1000 and 500 Series TelePresence Systems,
`
`Cisco TelePresence Multipoint Switch, Unified Communications Manager Business Edition,
`
`Unified Communications Manager Express, Unified Communications Manager (including
`
`certain versions formerly known as Unified CallManager), ASA 5500 Series Adaptive Security
`
`Appliances, SPA 301, 303, 501G, 502G, 504G, 508G, 509G, 525G/525G2, SPA962, SPA942,
`
`SPA941, SPA932, SPA922, SPA921, and SPA901 IP Phones, Unified Border Element,
`
`Unified SIP Proxy, 2600, 2800, 3700, and 3800 Series Integrated Services Routers, SIP Proxy
`
`Server, 870, 880, 890, 1800, 1900, 2900, and 3900 Series Integrated Services Routers, 7200
`
`Series Routers, 7301 Routers, ASR 1000 Series Routers, 7200VXR Routers, 7600 Series
`
`Routers, Catalyst 6500 Series Switches, 7825, 7828, 7835 and 7845 Media Convergence
`
`Servers, Intercompany Media Engine software, and certain Cisco IOS software as intended by
`
`Cisco infringes at least method claims 1-5, 7, 9, and 13 of the ’135 patent. Cisco uses these
`
`products and thus directly infringes at least claims 1-5, 7, 9, and 13 of the ’135 patent.
`
`52.
`
`In addition, Cisco provides at least its 3900, 6900, 7900, 8900, and 9900 Series
`
`IP Phones, IP Communicator, Cius, 3200, 3000, 1300, 1100, 1000 and 500 Series TelePresence
`
`Systems, Cisco TelePresence Multipoint Switch, Unified Communications Manager Business
`
`Edition, Unified Communications Manager Express, Unified Communications Manager
`
`(including certain versions formerly known as Unified CallManager), ASA 5500 Series
`
`Adaptive Security Appliances, SPA 301, 303, 501G, 502G, 504G, 508G, 509G, 525G/525G2,
`
`SPA962, SPA942, SPA941, SPA932, SPA922, SPA921, and SPA901 IP Phones, Unified
`
`Border Element, Unified SIP Proxy, 2600, 2800, 3700, and 3800 Series Integrated Services
`
`Routers, SIP Proxy Server, 870, 880, 890, 1800, 1900, 2900, and 3900 Series Integrated
`
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`Case 6:10-cv-00417-LED Document 75 Filed 02/04/11 Page 16 of 31 PageID #: 699
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`
`Services Routers, 7200 Series Routers, 7301 Routers, ASR 1000 Series Routers, 7200VXR
`
`Routers, 7600 Series Routers, Catalyst 6500 Series Switches, 7825, 7828, 7835 and 7845
`
`Media Convergence Servers, Intercompany Media Engine software, and certain Cisco IOS
`
`software to resellers, consultants, and end-user customers in the United States who, in turn, use
`
`these products to infringe claims 1-5, 7, 9-10, and 12-13 of the ’135 patent.
`
`53.
`
`Cisco indirectly infringes by inducing infringement by resellers, consultants,
`
`and end-user customers, in accordance with 35 U.S.C. § 271(b), because Cisco actively
`
`induces infringement of the ’135 patent by resellers, consultants, and end-user customers.
`
`54.
`
`Cisco indirectly infringes the ’135 patent by contributing to infringement by
`
`resellers, consultants, and end-user customers, in accordance with 35 U.S.C. § 271(c), because
`
`Cisco offers to sell or sells within the United States a component of a patented machine,
`
`manufacture, combination, or composition, or a material or apparatus for use in practicing a
`
`patented process, constituting a material part of the invention, knowing the same to be
`
`especially made or especially adapted for use in an infringement of such patent, and not a
`
`staple article or commodity of commerce suitable for substantial non-infringing use.
`
`55.
`
`At least Cisco’s 800, 1700, 1800, 1900, 2800 and 2900 Series Integrated
`
`Services Routers, ASA 5500 Series Adaptive Security Appliances, 3700, 3800 and 3900 Series
`
`Integrated Services Routers, 7200 Series Routers, 7301 Routers, UBR900, Catalyst 6500 Series
`
`Switches, ASR 1000 Series Routers, certain PIX Security Appliances, AnyConnect VPN
`
`Client, Easy VPN Remote, Easy VPN Server, and Easy VPN Client, as well as Cisco’s servers,
`
`master discs, and other media that store, cache, or distribute Cisco’s software, infringe at least
`
`computer readable media claims 16-17 and 23-29 of the ’759 patent. Cisco makes, uses, sells,
`
`offers for sale, exports, imports, supplies, and/or distributes within and from the United States
`
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`Case 6:10-cv-00417-LED Document 75 Filed 02/04/11 Page 17 of 31 PageID #: 700
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`
`these products and media and thus directly infringes at least claims 16-17 and 23-29 of the
`
`’759 patent.
`
`56.
`
`The use of at least Cisco’s 800, 1700, 1800, 1900, 2800 and 2900 Series
`
`Integrated Services Routers, ASA 5500 Series Adaptive Security Appliances, 3700, 3800 and
`
`3900 Series Integrated Services Routers, 7200 Series Routers, 7301 Routers, UBR900, Catalyst
`
`6500 Series Switches, ASR 1000 Series Routers, certain PIX Security Appliances,
`
`AnyConnect VPN Client, Easy VPN Remote, Easy VPN Server, and Easy VPN Client as
`
`intended by Cisco infringes at least method claims 1-2 and 8-14 of the ’759 patent. Cisco uses
`
`these products and thus directly infringes at least claims 1-2 and 8-14 of the ’759 patent.
`
`57.
`
`In addition, Cisco provides at least its 80