PART 1
`
`ORACLE EXHIBIT 1002
`
`ORACLE EXHIBIT 1002
`
`PART 1
`
`

`
`TO‘
`
`Mail Stop 8
`Director Ofthe U.S. Patent and Trademark Office
`Po. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`Western District of Texas, Austin Division
`on the following
`
`D Trademarks or
`
`[1 Patents.
`
`( [I the patent action involves 35 U.S.C. § 292.):
`
`DOCKET N04
`1:14-cv-00148
`PLAINTIFF
`
`DATE FILED
`2/18/2014
`
`U.S. DISTRICT COURT
`Western District of Texas, Austin Division
`DEFENDANT
`
`CROSSROADS SYSTEMS, INC.
`
`CISCO SYSTEMS, INC.
`
`PATENT OR
`
`DATE OF PA’l‘ENT
`
`1
`
`1 U3 5.425.035 B2
`
`2 U.S. 7,934,041 B2
`
`7/23/2002
`
`4/26/2011
`
`Geoffrey B. Hoese & Jeffry T. Russell
`
`Geoffrey B. Hoese & Jeffry T. Russell
`
`_—_ I
`
`n the abOve—entitled case, the following patent(s)/ trademark(s) have been included:
`
`[I Answer
`
`Cl Cross Bill
`
`E] Other Pleading
`
`HOLDER OF PATENT OR TRADEMARK
`
`DATE INCLUDED
`
`INCLUDED BY
`
`PATENT OR
`TRADENIARK NO.
`
`E’! Amendment
`DATE OF FATE T
`OR TRADEMARK
`
`— 2
`
`In the above——entitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`‘
`_
`CLERK
`'iv'ii.LiAM G. PU MI
`
`(BY) DEPUTY CLERK
`
`Copy ]—Upon initiation of action, mail this copy to Director Copy 3—Upon termination of action, mail this copy to Director
`Copy 2-——Upon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 1
`
`

`
`That Crossroads receive enhanced damages from Defendant in the form of
`
`treble damages, pursuant to 35 U.S.C. § 284 based on Defendant’s willful
`
`infringement of the ’147 Patent;
`
`That Crossroads be granted pre-judgment and post-judgment interest on
`
`the damages caused to it by reason of Defendant’s infringement of the
`
`’l47 Patent, including pre-judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendant pay Crossroads all of Crossroads’ reasonable attorneys’
`
`fees and expenses;
`
`That costs be awarded to Crossroads;
`
`That Defendant,
`
`its agents, employees, representatives, successors and
`
`assigns, and those acting in privity or in concert with it, be preliminarily
`
`and permanently enjoined from further infringement of the ’035 Patent;
`
`That Defendant,
`
`its agents, employees, representatives, successors and
`
`assigns, and those acting in privity or in concert with it, be preliminarily
`
`and permanently enjoined from further infringement of the ’041 Patent;
`
`That Defendant,
`
`its agents, employees, representatives, successors and
`
`assigns, and those acting in privity or in concert with it, be preliminarily
`
`and permanently enjoined from further infringement of the ’ 147 Patent;
`
`That this is an exceptional case under 35 U.S.C. § 285; and
`
`That Crossroads be granted such other and further relief as the Court may
`
`deem just and proper under the circumstances.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 2
`
`

`
`Dated: April 15, 2014
`
`Respectfully submitted,
`
`By:
`
`/s/ Susan K. Knoll
`Steven Sprinkle
`Texas Bar No. 00794962
`Elizabeth J. Brown Fore
`Texas Bar No. 24001795
`
`Sprinkle IP Law Group, PC
`1301 w. 25”‘ Street, Suite 408
`Austin, Texas 78705
`Tel: 512-637-9220
`Fax: 512-371-9088
`
`ssprinkle@sprinkle1aw.com
`ebrownf0re@sprinkle1aw.com
`
`Susan K. Knoll
`Texas Bar No. 11616900
`
`Russell T. Wong
`Texas Bar No. 21884235
`James H. Hall
`Texas Bar No. 24041040
`
`Stephen D. Zinda
`Texas Bar No. 24084147
`
`WONG, CABELLO, LUTSCH,
`RUTHERFORD & BRUCCULERI, L.L.P.
`20333 SH 249, Suite 600
`Houston, TX 77070
`Tel: 832-446-2400
`Fax: 832-446-2424
`
`sknoll@counselip.com
`rwong@counselip.c0m
`jhal1@counse1ip.com
`szinda@counselip.com
`
`A TTORNEYS FOR PLAINTIFF
`CROSSROADS S YSTEMS, INC.
`
`CERTIFICATE OF SERVICE
`
`I certify that on April 15, 2014, I electronically filed the foregoing with the Clerk of
`Court using the CM/ECF system, which will send notification of such filing to all CM/ECF
`participants.
`
`/s/ Lynn Marlin
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 3
`
`

`
`Case No: 1:14cv148
`
`Filed: 04/15/14
`Doc. #26
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`CROSSROADS SYSTEMS, INC.,
`
`Plaintiff,
`
`v.
`
`CISCO SYSTEMS, INC.,
`
`Defendant.
`
`C03C020O'J6O':<4O'30<72C-O’-<0'J00J
`
`CIVIL ACTION NO. 1:l4—cv-00148
`
`JURY DEMANDED
`
`PLAINTIFF CROSSROADS SYSTEMS, INC.’S
`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
`
`1.
`
`Pursuant to Federal Rule of Civil Procedure l5(a)(l)(B), Plaintiff Crossroads
`
`Systems,
`
`Inc.
`
`(“Crossroads”) hereby submits
`
`its First Amended Complaint
`
`for Patent
`
`Infringement as a matter of course within 21 days after service of Cisco System, 1nc.’s Answer
`
`and Affirmative Defenses (Dkt. No. 22).
`
`2.
`
`Crossroads is a corporation incorporated under the laws of the State of Delaware
`
`and has its principal place of business at 1 1000 North MoPac Expressway, Austin, Texas 78759.
`
`3.
`
`Upon information and belief, Defendant Cisco Systems, Inc. (“Defendant” or
`
`“Cisco”) is a California corporation with a principal place of business of 170 West Tasman Dr.,
`
`San Jose, California 95134.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the laws of the United States, more specifically under 35
`
`U.S.C. § 100, et seq. Subject matter jurisdiction is proper in this Court pursuant to 28 U.S.C. §§
`
`I331 and 1338.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 4
`
`

`
`4.
`
`Personal jurisdiction and venue are proper in this district under 28 U.S.C. §§ 1391
`
`and 1400(b). Upon information and belief, Defendant Cisco has established minimum contacts
`
`with this forum such that the exercise ofjurisdiction over Defendant would not offend traditional
`
`notions of fair play and substantial justice.
`
`5.
`
`This Court has personal jurisdiction over Cisco. Upon information and belief,
`
`Cisco regularly conducts business in the State of Texas and in this judicial district and is subject
`
`to the jurisdiction of this Court. Upon information and belief, Cisco has been doing business in
`
`Texas and this judicial district by distributing, marketing, selling and/or offering for sale its
`
`products,
`
`including, but not
`
`limited to, products that practice the subject matter claimed in
`
`United States Patent Nos. 6,425,035 (“the ’035 Patent”), 7,934,041 (“the ’041 Patent”) and
`
`7,051,147 (“the ‘M7 Patent”) (collectively “the Patents—In-Suit”) and/or regularly doing or
`
`soliciting business and/or engaging in other persistent courses of conduct in and/or directed to
`
`Texas and this judicial district.
`
`COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 6,425,035
`
`6.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`7.
`
`On July 23, 2002, the ’035 Patent was duly and legally issued. A true and correct
`
`copy of the ’035 Patent is attached hereto as Exhibit A. Crossroads is the assignee and the owner
`
`of all right, title, and interest in and to the ’035 Patent. The ’035 Patent
`
`is entitled to a
`
`presumption of validity.
`
`8.
`
`On information and belief, Defendant has directly infringed the ’035 Patent. On
`
`information and belief, Defendant continues to directly infringe the ’035 Patent.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 5
`
`

`
`9.
`
`Specifically, on information and belief, Defendant has directly infringed the ‘O35
`
`Patent by making, using, offering for sale, selling and/or importing into the United States certain
`
`of its products including at least the following: Cisco MDS 9200 Series Switches and Cisco
`
`MDS 9500 Series Multi—Layer Directors with compatible modules providing iSCSl interfaces
`
`(including but not limited to Cisco’s 18/4-Port Multiservice Module), Cisco MDS 9500 Series
`
`Multi-Layer Directors with compatible modules providing FC interfaces (including but not
`
`limited to 1/2/4/8 Gbps 48 Port FC Switching Module, 1/2/4/8 Gbps 24 Port FC Switching
`
`Module, 1/2/4/8 Gbps 4/44 Port Host Optimized FC Switching Module, 4 Port 10 Gbps FC
`
`Switching Module), Cisco MDS 9200 Series Switches (including but not limited to MDS 9222i,
`
`MDS 9216A, MDS 9216i), Cisco MDS 9134 Multilayer Fabric Switches, Cisco MDS 9124
`
`Multilayer Fabric Switch, Cisco MDS Fibre Channel Blade Switches, Cisco Invicta C3l2SA
`
`Appliance, Cisco UCS Invicta Scaling System (hereinafter “the Accused Products”).
`
`10.
`
`Further, on information and belief, Defendant has been and now is indirectly
`
`infringing by way of inducing infringement of the ’035 Patent with knowledge of the ’035 Patent
`
`by making, offering for sale, selling, importing into the United States, marketing, supporting,
`
`providing product instruction and/or advertising certain of its products, including the Accused
`
`Products, and Defendant knew that its actions were inducing end users to infringe the ‘035
`
`Patent.
`
`11.
`
`Further, on information and belief, Defendant has been and now is indirectly
`
`infringing by way of contributing to the infringement by end users of the ’035 Patent by selling,
`
`offering to sell and/or importing into the United States components,
`
`including the Accused
`
`Products, knowing the components to be especially made or especially adapted for use in the
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 6
`
`

`
`infringement of the ’035 Patent. Such components are not a staple article or commodity of
`
`commerce suitable for substantial non-infringing uses.
`
`12.
`
`Defendant has been on constructive and/or actual notice of the ’035 Patent since
`
`at least as early as October 2002, and Defendant has not ceased its infringing activities. The
`
`infringement of the ’035 Patent by Defendant has been and continues to be willful and deliberate.
`
`13.
`
`Crossroads has been irrcparably harmed by Defendant’s acts of infringement of
`
`the ’035 Patent, and will continue to be harmed unless and until Defendant’s acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`14.
`
`As a result of the acts of infringement of the ’035 Patent by Defendant,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`COUNT 2: INFRINGEMENT OF U.S. PATENT NO. 7,934,041
`
`15.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`16.
`
`On April 26, 2011, the ’04l Patent was duly and legally issued. A true and
`
`correct copy of the ’04l Patent is attached hereto as Exhibit B. Crossroads is the assignee and
`
`the owner of all right, title, and interest in and to the ’04l Patent. The ’04l Patent is entitled to a
`
`presumption of validity.
`
`17.
`
`On information and belief, Defendant has directly infringed the ’04l Patent. On
`
`information and belief, Defendant continues to directly infringe the ’04l Patent.
`
`18.
`
`Specifically, on information and belief, Defendant has directly infringed the ’04l
`
`Patent by making, using, offering for sale, selling and/or importing into the United States certain
`
`of its products including at least the Accused Products.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 7
`
`

`
`19.
`
`Further, upon information and belief, Defendant has been and now is indirectly
`
`infringing by way of inducing infringement of the ’04l Patent with knowledge of the ’04l Patent
`
`by making, offering for sale, selling, importing into the United States, marketing, supporting,
`
`providing product instruction and/or advertising certain of its products, including the Accused
`
`Products, and Defendant knew that its actions were inducing end users to infringe the ’04l
`
`Patent.
`
`20.
`
`Further, upon information and belief, Defendant has been and now is indirectly
`
`infringing by way of contributing to the infringement by end users of the ’04l Patent by selling,
`
`offering to sell and/or importing into the United States components,
`
`including the Accused
`
`Products, knowing the components to be especially made or especially adapted for use in the
`
`infringement of the ’04l Patent. Such components are not a staple article or commodity of
`
`commerce suitable for substantial non-infringing uses.
`
`21.
`
`Defendant has been on constructive and/or actual notice of the ’041 Patent since
`
`at
`
`least as early as May 2011, and Defendant has not ceased its infringing activities. The
`
`infringement of the ’04l Patent by Defendant has been and continues to be willful and deliberate.
`
`22.
`
`Crossroads has been irreparably harmed by Defendant’s acts of infringement of
`
`the ’04l Patent, and will continue to be harmed unless and until Defendant’s acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`23.
`
`As a result of the acts of infringement of the ’041 Patent by Defendant,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`COUNT 3: INFRINGEMENT OF U.S. PATENT NO. 7,051,147
`
`24.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 8
`
`

`
`25.
`
`On May 23, 2006, the ’ 147 Patent was duly and legally issued. A true and correct
`
`copy of the ’ 147 Patent is attached hereto as Exhibit C. Crossroads is the assignee and the owner
`
`of all right,
`
`title, and interest
`
`in and to the ’l47 Patent. The ‘147 Patent
`
`is entitled to a
`
`presumption of validity.
`
`26.
`
`On information and belief, Defendant has directly infringed the ’147 Patent. On
`
`information and belief, Defendant continues to directly infringe the ’147 Patent.
`
`27.
`
`Specifically, on information and belief, Defendant has directly infringed the ’147
`
`Patent by making, using, offering for sale, selling and/or importing into the United States certain
`
`of its products including at least: Cisco MDS 9500 Series Multi-Layer Directors with compatible
`
`modules providing FC interfaces (including but not
`
`limited to 1/2/4/8 Gbps 48 Port
`
`FC
`
`Switching Module, 1/2/4/8 Gbps 24 Port FC Switching Module, 1/2/4/8 Gbps 4/44 Port Host
`
`Optimized FC Switching Module, 4 Port 10 Gbps FC Switching Module,), Cisco MDS 9200
`
`Series Switches (including but not limited to MDS 9222i, MDS 9216A, MDS 9216i), Cisco
`
`MDS 9134 Multilayer Fabric Switches, Cisco MDS 9124 Multilayer Fabric Switches, Cisco
`
`Fibre Channel Blade Switches (hereinafter “the Accused Fibre-to—Fibre Products”).
`
`28.
`
`Further, upon information and belief, Defendant has been and now is indirectly
`
`infringing by way of inducing infringement of the ’147 Patent with knowledge of the ’l47 Patent
`
`by making, offering for sale, selling, importing into the United States, marketing, supporting,
`
`providing product instruction and/or advertising certain of its products, including the Accused
`
`Fibre-to—Fibre Products, and Defendant knew that its actions were inducing end users to infringe
`
`the ’l47 Patent.
`
`29.
`
`Further, upon information and belief, Defendant has been and now is indirectly
`
`infringing by way of contributing to the infringement by end users of the ’ 147 Patent by selling,
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 9
`
`

`
`offering to sell and/or importing into the United States components, including the Accused Fibre-
`
`to-Fibre Products, knowing the components to be especially made or especially adapted for use
`
`in the infringement of the ’ 147 Patent. Such components are not a staple article or commodity of
`
`commerce suitable for substantial non-infringing uses.
`
`30.
`
`Defendant has been on constructive and/or actual notice of the ’147 Patent since
`
`at least as early as August 14, 2006, and Defendant has not ceased its infringing activities. The
`
`infringement of the ’ 147 Patent by Defendant has been and continues to be willful and deliberate.
`
`3].
`
`Crossroads has been irreparably harmed by Defendant’s acts of infringement of
`
`the ’147 Patent, and will continue to be harmed unless and until Defendant’s acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`32.
`
`As a result of the acts of infringement of the ’147 Patent by Defendant,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`DEMAND FOR JURY TRIAL
`
`Crossroads hereby demands a trial byjury on all issues.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Crossroads requests this Court enter judgment as follows:
`
`A.
`
`B.
`
`C.
`
`That Defendant has infringed the ’()35 Patent;
`
`That such infringement of the ‘O35 Patent by Defendant has been willful;
`
`That Defendant accounts for and pays to Crossroads all damages caused
`
`by the infringement of the ’035 Patent;
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 10
`
`

`
`That Crossroads receive enhanced damages from Defendant in the form of
`
`treble damages, pursuant to 35 U.S.C. § 284 based on Defendant’s willful
`
`infringement of the ’035 Patent;
`
`That Crossroads be granted pre—judgment and post-judgment interest on
`
`the damages caused to it by reason of Defendant’s infringement of the
`
`’035 Patent,
`
`including pre—judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendant has infringed the ’04l Patent;
`
`That such infringement of the ’04l Patent by Defendant has been willful;
`
`That Defendant accounts for and pays to Crossroads all damages caused
`
`by the infringement of the ’04l Patent;
`
`That Crossroads receive enhanced damages from Defendant in the form of
`
`treble damages, pursuant to 35 U.S.C. § 284 based on Defendant’s willful
`
`infringement of the ’041 Patent;
`
`That Crossroads be granted pre-judgment and post-judgment interest on
`
`the damages caused to it by reason of Defendant’s infringement of the
`
`’04l Patent,
`
`including pre-judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendant has infringed the ’147 Patent;
`
`That such infringement of the ’ 147 Patent by Defendant has been willful;
`
`That Defendant accounts for and pays to Crossroads all damages caused
`
`by the infringement ofthe ’ 147 Patent;
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 11
`
`

`
`AO I20 Rev. 08/10
`
`TO:
`
`Mail Stop 8
`Director of the U.S. Patent and Trademark Officc
`P.O. Box 1450
`Alexandria, VA 223134450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or l5 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the UIS4 District Court
`Western District Of Texas, Austin Division
`on the following
`[I Trademarks or
`[1 Patents.
`the patent action involves 35 U.S.C. §E92.):
`
`( 1:!
`
`DOCKET NO.
`1:13-cv—1026 SS
`PLAINTIFF
`
`DATE FILED
`11/26/2013
`
`U.S. DISTRICT COURT
`Western District of Texas, Austin Division
`DEFENDANT
`
`Crossroads Systems, Inc.
`
`Tandberg Data Corporation
`
`D/\'l‘l{ OF PATENT
`OR TRADEMARK
`
`.
`,
`HOLDLR OF PAI ENT OR TRADEMARK
`
`PATENT OR
`TRADEMARK NO.
`1 See attached
`
`2 (0
`
`‘#25. (>35
`
`3 7 9 53* w /
`4
`
`in the above
`
`entitled case, the ibllL)wirig patent(s)/ tradcmark(s) have been included:
`
`INCLUDED BY
`
`[:1 Amendment
`
`[:1 Answer
`
`I:] Cross Bill
`
`[:1 Other Pleading
`
`--
`
`___— I
`
`n the above—entitled case. the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`William Putnicki
`
`Y DEPUTY CLERK
`0~ ICYICI/5%(:€
`
`DATE
`
`11/27/2013
`
`Copy l—Upon initiation of action, mail this copy to Director Copy 3~Upon termination of action, mail this copy to Director
`Copy 2vUpon filing document adding patent(s), mail this copy to Director Copy 4—Case file copy
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 12
`
`

`
`Case 1:13—cv—O1026—SS Document 1 Filed 11/26/13 Page 1 of 8
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`CROSSROADS SYSTEMS, INC.,
`
`Plaintiff,
`
`v.
`
`TANDBERG DATA CORPORATION,
`
`Defendant.
`
`50300>C0>0O'>OO'3¢/7><O20O'2C@
`
`CIVII. ACTION NO.
`
`l:l3—CV—l026
`
`JURY DEMANDED
`
`PLAINTIFF CROSSROADS SYSTEMS, INC.’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
`
`1.
`
`Plaintiff Crossroads Systems, Inc. (“Crossroads”) is a corporation incorporated
`
`under the laws of the State of Delaware and has its principal place of business at 11000 North
`
`MoPac Expressway, Austin, Texas 78759.
`
`2.
`
`Upon
`
`information
`
`and
`
`belief, Defendant Tandberg Data Corporation
`
`(“Defendant") is a Delaware corporation with a principal place of business of 10225 Westmoor
`
`Drive, Suite 125, Westminster Colorado 80021.
`
`JURISDICTION AND VENUE
`
`3.
`
`This action arises under the laws of the United States, more specifically under 35
`
`U.S.C. § 100, et seq. Subject matterjurisdietion is proper in this Court pursuant to 28 U.S.C. §§
`
`l331 and I338.
`
`4.
`
`Personal jurisdiction and venue are proper in this district under 28 U.S.C.
`
`I39]
`
`and I400(b). Upon information and belief, Defendant has established minimum contacts with
`
`this forum such that the exercise of jurisdiction over Defendant would not offend traditional
`
`notions of fair play and substantial justice.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 13
`
`

`
`Case 1:13—cv-01026-88 Document 1 Filed 11/26/13 Page 2 of 8
`
`5.
`
`This Court has personaljurisdiction over Defendant. Upon information and belief,
`
`Defendant regularly conducts business in the State of Texas and in this judicial district and is
`
`subject to the jurisdiction of this Court. Upon information and belief, Defendant has been doing
`
`business in Texas and this judicial district by distributing, marketing, selling and/or offering for
`
`sale its products, including, but not limited to, products that practice the subject matter claimed
`
`in the Patents—ln-Suit, and/or regularly doing or soliciting business and/or engaging in other
`
`persistent courses of conduct in and/or directed to Texas and this judicial district.
`
`COUNT 1: INFRINGEMENT OF U.S. PATENT NO. 6,425,035
`
`6.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`7.
`
`On July 23, 2002, United States Patent No. 6,425,035 (the ‘"035 Patent”) was
`
`duly and legally issued. A true and correct copy of the ’035 Patent is attached hereto as Exhibit
`
`A. Crossroads is the assignee and the owner of all right, title, and interest in and to the ’035
`
`Patent. The ’035 Patent is entitled to a presumption of validity.
`
`8.
`
`On information and belief, Defendant has directly infringed the ’035 Patent. On
`
`information and belief, Defendant continues to directly infringe the ‘O35 Patent.
`
`9.
`
`Specifically, on information and belief, Defendant has directly infringed the ’035
`
`Patent by making, using, offering for sale, selling and/or importing into the United States certain
`
`of its products including at least the following: the BizNAS family of devices (including the
`
`D400, D408, R400, and R408),
`
`the Dl’Sl000 Series Virtual Tape Libraries (including the
`
`DPS] 100 and DPSl200) and the DPS2000 Series Network-Attached Data Protection Solution
`
`(including the DPS2040, DPS2l40, and DPS2l42).
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 14
`
`

`
`Case l:l3—cv~O1026—SS Document 1 Filed 11/26/13 Page 3 of 8
`
`10.
`
`Further, on information and belief, Defendant has been and now is indirectly
`
`infringing by way of inducing infringement ofthe ’035 Patent with knowledge of the ’035 Patent
`
`by making, offering for sale, selling, importing into the United States, marketing, supporting,
`
`providing product instruction and/or advertising certain of its products, including the BizNAS
`
`family of devices (including the D400, D408, R400, and R408), the DPSl000 Series Virtual
`
`Tape Libraries (including the DPSll00 and DPSIZOO); and the DPS2000 Series Network-
`
`Attached Data Protection Solution (including the DPS2040, DPS2140, and DPS2142), and
`
`Defendant knew that its actions were inducing end users to infringe the ’035 Patent.
`
`ll.
`
`Further, on information and belief, Defendant has been and now is indirectly
`
`infringing by way of contributing to the infringement by end users of the ’035 Patent by selling,
`
`offering to sell and/or importing into the United States components,
`
`including the BizNAS
`
`family of devices (including the D400, D408, R400, and R408), the DPSl000 Series Virtual
`
`Tape Libraries (including the DPSll00 and DPSIZOO) and the DPS2000 Series Network-
`
`Attached Data Protection Solution (including the DPS2040, DPS2l40, and DPS2142), knowing
`
`the components to be especially made or especially adapted for use in the infringement of the
`
`‘O35 Patent. Such components are not a staple article or commodity of commerce suitable for
`
`substantial non-infringing uses.
`
`12.
`
`Defendant has been on constructive and/or actual notice of the ‘035 Patent since
`
`at least as early as August 2011, and Defendant has not ceased its infringing activities. The
`
`infringement of the ’035 Patent by Defendant has been and continues to be willful and deliberate.
`
`13.
`
`Crossroads has been irreparably harmed by Defendant’s acts of infringement of
`
`the ’035 Patent, and will continue to be harmed unless and until Defendant’s acts of infringement
`
`are enjoined and restrained by order ofthis Court.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 15
`
`

`
`Case 1:13—cv-01026-SS Document 1 Filed 11/26/13 Page 4 of 8
`
`14.
`
`As a result of the acts of infringement of the ‘O35 Patent by Defendant,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`COUNT 2: INFRINGEMENT OF U.S. PATENT NO. 7,934,041
`
`15.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`16.
`
`On April 26, 2011, United States Patent No. 7,934,041 (the “’041 Patent”) was
`
`duly and legally issued. A true and correct copy of the ’041 Patent is attached hereto as Exhibit
`
`B. Crossroads is the assignec and the owner of all right, title, and interest in and to the ’041
`
`Patent. The ’04l Patent is entitled to a presumption of validity.
`
`l7.
`
`On information and belief, Defendant has directly infringed the ’04l Patent. On
`
`information and belief, Defendant continues to directly infringe the ’04l Patent.
`
`18.
`
`Specifically, on information and belief, Defendant has directly infringed the ’041
`
`Patent by making, using, offering for sale, selling and/or importing into the United States certain
`
`of its products including at least the following:
`
`the BizNAS family of devices (including the
`
`D400, D408, R400, and R408),
`
`the Dl’Sl000 Series Virtual Tape Libraries (including the
`
`DPSl100 and DPS1200) and the DPSZOOO Series Network—Attaehed Data Protection Solution
`
`(including the DPS2040, DPS2l40, and DPS2l42).
`
`19.
`
`Further, upon information and belief, Defendant has been and now is indirectly
`
`infringing by way of inducing infringement of the ’04l Patent with knowledge of the ’041 Patent
`
`by making, offering for sale, selling,
`
`importing into the United States, marketing, supporting,
`
`providing product instruction and/or advertising certain of its products, including the Bi’/.NAS_
`
`family of devices (including the D400, D408, R400, and R408). the DPSl000 Series Virtual
`
`Tape Libraries (including the DPSll00 and DPSl200) and the DPS2000 Series Network-
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 16
`
`

`
`Case 1:13—cv—O1026-SS Document 1 Filed 11/26/13 Page 5 of 8
`
`Attached Data Protection Solution (including the DPS2040, DPS2140, and DPS2l42) and
`
`Defendant knew that its actions were inducing end users to infringe the 041 Patent.
`
`20.
`
`Further. upon information and belief, Defendant has been and now is indirectly
`
`infringing by way ofcontributing to the infringement by end users of the ’04l Patent by selling,
`
`offering to sell and/or importing into the United States components,
`
`including the BlZNAS
`
`family of devices (including the D400, D408, R400, and R408), the DPSIOOO Series Virtual
`
`Tape Libraries (including the DPSl l00 and DPSl200), the DPS2000 Series Network—Attached
`
`Data Protection Solution (including the DPS2040, Dl’S2l40, and DPS2l42), knowing the
`
`components to be especially made or especially adapted for use in the infringement of the ‘O41
`
`Patent. Such components are not a staple article or commodity of commerce suitable for
`
`substantial non-infringing uses.
`
`21.
`
`Defendant has been on constructive and/or actual notice of the ’O4l Patent since
`
`at least as early as August 2011 and Defendant has not ceased its infringing activities. The
`
`infringement ofthc ‘O41 Patent by Defendant has been and continues to be willful and deliberate.
`
`22.
`
`Crossroads has been irreparably harmed by Defendant’s acts of infringement of
`
`the ’O4l Patent, and will continue to be harmed unless and until Defendant’s acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`23.
`
`As a result of the acts of infringement of the ’041 Patent by Defendant,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be provcn at trial.
`
`PRAYER FOR RELIEF
`
`WHEREFORE. Crossroads requests this Court enterjudgment as follows:
`
`A.
`
`B.
`
`That Defendant has infringed the ’035 Patent;
`
`That such infringement ofthe ’035 Patent by Defendant has been willful;
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 17
`
`

`
`Case 1:13—cv—O1026—SS Document 1 Filed 11/26/13 Page 6 of 8
`
`That Defendant accounts for and pays to Crossroads all damages caused
`
`by the infringement of the ’035 Patent;
`
`That Crossroads receive enhanced damages from Defendant in the form of
`
`treble damages, pursuant to 35 U.S.C. § 284 based on Defendant’s willful
`
`infringement of the ’035 Patent;
`
`That Crossroads be granted pre-judgment and post—judgment interest on
`
`the damages caused to it by reason of Defendant’s infringement of the
`
`’035 Patent,
`
`including pre-judgment and post—judgment
`
`interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendant has infringed the ’04l Patent;
`
`That such infringement of the ’O41 Patent by Defendant has been willful;
`
`That Defendant accounts for and pays to Crossroads all damages caused
`
`by the infringement ofthe ‘O41 Patent;
`
`That Crossroads receive enhanced damages from Defendant in the form of
`
`treble damages, pursuant to 35 U.S.C. § 284 based on Dcfendant’s willful
`
`infringement of the ’O41 Patent;
`
`That Crossroads be granted pre-judgment and post-judgment interest on
`
`the damages caused to it by reason of Dcfcndant’s infringement of the
`
`‘O41 Patent,
`
`including pre-judgment and post—judgment
`
`interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendant pay Crossroads all of Crossroads’ reasonable attorneys’
`
`fees and expenses;
`
`That costs be awarded to Crossroads;
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 18
`
`

`
`Case 1:13—ev-01026-88 Document 1 Filed 11/26/13 Page 7 of 8
`
`That Defendant,
`
`its agents, employees, representatives, successors and
`
`assigns. and those acting in privity or in concert with it, be preliminary
`
`and permanently enjoined from further infringement ofthe ’035 Patent;
`
`That Defendant,
`
`its agents, employees, representatives, successors and
`
`assigns, and those acting in privity or in concert with it, be preliminary
`
`and permanently enjoined from further infringement of the ‘O41 Patent;
`
`That this is an exceptional case under 35 U.S.C. § 285; and
`
`That Crossroads be granted such other and further relief as the Court may
`
`deem just and proper under the circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Crossroads hereby demands atrial byjury on all issues.
`
`Dated: November 26, 2013
`
`Respectfully submitted,
`
`By:
`
`/s/ Steven Sgrinkle
`Steven Sprinkle
`Texas Bar No. 00794962
`Elizabeth J. Brown Fore
`Texas Bar No. 24001795
`
`Sprinkle 1P Law Group, PC
`1301 W. 25"‘ Street, Suite 408
`Austin, Texas 78705
`Tel: 512-637-9220
`Fax: 512-371-9088
`
`ssprinkle@sprinklelaw.eom
`ebrownf0re@sprinklelaw.com
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 19
`
`

`
`Case 1:13-cv-01026-88 Document 1 Filed 11/26/13 Page 8 of 8
`
`Susan K. Knoll
`Texas Bar No. 11616900
`
`Russell T. Wong
`Texas Bar No. 21884235
`James H. Hall
`Texas Bar No. 24041040
`
`WONG, CABELLO, LUTSCI l,
`RUTHERFORD & BRUCCULERI, L.L.P.
`20333 SH 249, Suite 600
`Houston, TX 77070
`Tel: 832—446—2400
`Fax: 832-446-2424
`
`sknol1@c0unselip.com
`rwong@c0unselip.com
`jhall@counselip.c0m
`
`A TTORNE YS FOR PLAINTIFF
`CR OSSR O/IDS S YSTEA/IS, INC.
`
`Oracle-Huawei-NetApp Ex. 1002, pg. 20
`
`

`
`Mai] stop 3
`Director of the U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`FILING OR DETERMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`
`In Compliance with 35 U.S.C. § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court
`Western District of Texas, Austin Division
`on the following
`
`[I Trademarks or
`
`lZPatents.
`
`( E] the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`1:13-cv—1025—SS
`PLAINTIFF
`
`DATE FILED
`11/26/2013
`
`U.S. DISTRICT COURT
`Western District of Texas. Austin Division
`DEFENDANT
`
`Crossroads Systems, Inc.
`
`Huawei Technologies Co. Ltd., Huawei Enterprise USA
`Inc. and Huawei Technologies USA Inc.
`
`PATENT OR
`
`DATE OF PATENT
`
`_—
`2(p «/95. 035——
`37 939 ow ——
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`[I Cross Bill
`
`[I Other Pleading
`
`[I Answer
`
`D Amendment
`PATENT OR
`DATE OF PATENT
`TRADEMARK NO
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`_——
`—_
`——
`——
`——
`
`In the above—entitled case, the following decision has been rendered or jud