Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 1 of 24 PageID #: 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`VirnetX Inc.,
`
`
`Plaintiff,
`
`
`vs.
`
`Cisco Systems, Inc.,
`Apple Inc.,
`Aastra USA, Inc.,
`Aastra Technologies Ltd.,
`NEC Corporation, and
`NEC Corporation of America,
`
`
`Defendants.
`
`
`
`
`
`
`
`Civil Action No. 6:10-cv-417
`
`
`§§§§§§§§§§§§§§
`
`PLAINTIFF VIRNETX INC.’S ORIGINAL COMPLAINT
`
`Plaintiff VirnetX Inc. (“VirnetX”) files this complaint against Defendants Aastra USA,
`
`Inc., Aastra Technologies Ltd., Apple Inc., Cisco Systems, Inc., NEC Corporation, and NEC
`
`Corporation of America (collectively, “Defendants”) for patent infringement under 35 U.S.C. §
`
`271 and in support thereof would respectfully show the Court the following:
`
`THE PARTIES
`
`1.
`
`Plaintiff VirnetX is a corporation organized and existing under the laws of the
`
`State of Delaware, and maintains its principal place of business at 5615 Scotts Valley Drive,
`
`Suite 110 Scotts Valley, California.
`
`2.
`
`Defendant Aastra Technologies Ltd. is a Canadian corporation with its principal
`
`place of business at 155 Snow Blvd., Concord, Ontario Canada, L4K 4N9. Defendant Aastra
`
`USA, Inc. is a Delaware corporation with its principal place of business at 2811 Internet Blvd.,
`
`Frisco, TX 75034. Aastra Technologies Ltd. and Aastra USA, Inc. are collectively referred to
`
`as “Aastra.” On information and belief, Aastra regularly conducts and transacts business in
`
`Dallas 306305v1
`
`1
`
`Page 1 of 24
`
`VIRNETX EXHIBIT 2001
`Apple v. VirnetX
`Trial IPR2015-00187
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 2 of 24 PageID #: 2
`
`
`
`Texas, throughout the United States, and within the Eastern District of Texas, and as set forth
`
`below, has committed and continues to commit, tortious acts of patent infringement within and
`
`outside of Texas and within the Eastern District of Texas.
`
`3.
`
`Defendant Apple Inc. (“Apple”) is a California corporation with its principal
`
`place of business at 1 Infinite Loop, Cupertino, California 95014. On information and belief,
`
`Apple regularly conducts and transacts business in Texas, throughout the United States, and
`
`within the Eastern District of Texas, and as set forth below, has committed and continues to
`
`commit, tortious acts of patent infringement within and outside of Texas and within the Eastern
`
`District of Texas.
`
`4.
`
` Defendant Cisco Systems, Inc. (“Cisco”) is a California corporation with its
`
`principal place of business at 170 West Tasman Dr., San Jose, CA 95134. On information and
`
`belief, Cisco regularly conducts and transacts business in Texas, throughout the United States,
`
`and within the Eastern District of Texas, and as set forth below, has committed and continues
`
`to commit, tortious acts of patent infringement within and outside of Texas and within the
`
`Eastern District of Texas.
`
`5.
`
`Defendant NEC Corporation is a Japanese corporation with its principal place of
`
`business at 5-7-1 Shiba, Minato-ku, Tokyo 108-8001. Defendant NEC Corporation of America
`
`is a Nevada corporation with its principal place of business at 6535 N. State Highway 161,
`
`Irving, Texas 75039. NEC Corporation and NEC Corporation of America are collectively
`
`referred to as “NEC.” On information and belief, NEC regularly conducts and transacts
`
`business in Texas, throughout the United States, and within the Eastern District of Texas, and
`
`as set forth below, has committed and continues to commit, tortious acts of patent infringement
`
`within and outside of Texas and within the Eastern District of Texas.
`
`Dallas 306305v1
`
`2
`
`Page 2 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 3 of 24 PageID #: 3
`
`
`
`JURISDICTION AND VENUE
`
`6.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, Title 35, United States Code. This Court has exclusive subject matter
`
`jurisdiction over this case for patent infringement under 28 U.S.C. § 1338.
`
`7.
`
`Venue is proper in the Eastern District of Texas under 28 U.S.C. §§ 1391 and
`
`1400(b).
`
`8.
`
`This Court has personal jurisdiction over Defendants. Defendants have
`
`conducted and do conduct business within the State of Texas. Defendants, directly or through
`
`subsidiaries or intermediaries (including distributors, retailers, and others), ships, distributes,
`
`offers for sale, sells, and advertises (including the provision of an interactive web page) its
`
`products and/or services in the United States, the State of Texas, and the Eastern District of
`
`Texas. Defendants, directly and through subsidiaries or intermediaries (including distributors,
`
`retailers, and others), has purposefully and voluntarily placed one or more of its infringing
`
`products and/or services, as described below, into the stream of commerce with the expectation
`
`that they will be purchased and used by consumers in the Eastern District of Texas. These
`
`infringing products and/or services have been and continue to be purchased and used by
`
`consumers in the Eastern District of Texas. Defendants have committed acts of patent
`
`infringement within the State of Texas and, more particularly, within the Eastern District of
`
`Texas.
`
`ASSERTED PATENTS
`
`9.
`
`On December 31, 2002, United States Patent No. 6,502,135 (“the ’135 patent”)
`
`entitled “Agile Network Protocol for Secure Communications with Assured System
`
`Availability” was duly and legally issued with Edmund Colby Munger, Douglas Charles
`
`Dallas 306305v1
`
`3
`
`Page 3 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 4 of 24 PageID #: 4
`
`
`
`Schmidt, Robert Dunham Short, III, Victor Larson, Michael Williamson as the named
`
`inventors after full and fair examination. VirnetX is the owner of all rights, title, and interest in
`
`and to the ’135 patent and possesses all rights of recovery under the ’135 patent. A copy of the
`
`’135 patent is attached as Exhibit A.
`
`10.
`
`On January 4, 2005, United States Patent No. 6,839,759 (“the ’759 patent”)
`
`entitled “Method for Establishing Secure Communication Link Between Computers of Virtual
`
`Private Network Without User Entering Any Cryptographic Information” was duly and legally
`
`issued with Victor Larson, Robert Dunham Short, III, Edmund Colby Munger, and Michael
`
`Williamson as the named inventors after full and fair examination. VirnetX is the owner of all
`
`rights, title, and interest in and to the ’759 patent and possesses all rights of recovery under the
`
`’759 patent. A copy of the ’759 patent is attached as Exhibit B.
`
`11.
`
`On March 6, 2007, United States Patent No. 7,188,180 (“the ’180 patent”)
`
`entitled “Method for Establishing Secure Communication Link Between Computers of Virtual
`
`Private Network” was duly and legally issued with Victor Larson, Robert Dunham Short, III,
`
`Edmund Colby Munger, and Michael Williamson as the named inventors after full and fair
`
`examination. VirnetX is the owner of all rights, title, and interest in and to the ’180 patent and
`
`possesses all rights of recovery under the ’180 patent. A copy of the ’180 patent is attached as
`
`Exhibit C.
`
`12.
`
`On August 26, 2008, United States Patent No. 7,418,504 (“the ’504 patent”)
`
`entitled “Agile Network Protocol for Secure Communications Using Secure Domain Names”
`
`was duly and legally issued with Victor Larson, Robert Dunham Short, III, Edmund Colby
`
`Munger, and Michael Williamson as the named inventors after full and fair examination.
`
`Dallas 306305v1
`
`4
`
`Page 4 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 5 of 24 PageID #: 5
`
`
`
`VirnetX is the owner of all rights, title, and interest in and to the ’504 patent and possesses all
`
`rights of recovery under the ’504 patent. A copy of the ’504 patent is attached as Exhibit D.
`
`13.
`
`On February 10, 2009, United States Patent No. 7,490,151 (“the ’151 patent”)
`
`entitled “Establishment of a Secure Communication Link Based on a Domain Name Service
`
`(DNS) Request” was duly and legally issued with Edmund Colby Munger, Robert Dunham
`
`Short, III, Victor Larson, and Michael Williamson as the named inventors after full and fair
`
`examination. VirnetX is the owner of all rights, title, and interest in and to the ’151 patent and
`
`possesses all rights of recovery under the ’151 patent. A copy of the ’151 patent is attached as
`
`Exhibit E.
`
`COUNT ONE
`
`PATENT INFRINGEMENT BY AASTRA
`
`14.
`
`VirnetX incorporates by reference paragraphs 1-13 as if fully set forth herein.
`
`As described below, Aastra has infringed and/or continues to infringe the ’135 patent.
`
`15.
`
`Aastra’s Clearspan platform, Pointspan platform, 6725ip telephone, 6721ip
`
`telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i (53i) telephone, 6755i
`
`(55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone, M670i (536M)
`
`Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i telephone, and
`
`9480i CT telephone infringe at least system claims 10 and 12 of the ’135 patent. Aastra 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.
`
`16.
`
`The use of Aastra’s Clearspan platform, Pointspan platform, 6725ip telephone,
`
`6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i (53i) telephone,
`
`Dallas 306305v1
`
`5
`
`Page 5 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 6 of 24 PageID #: 6
`
`
`
`6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone, M670i (536M)
`
`Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i telephone, and
`
`9480i CT telephone as intended by Aastra infringes at least method claims 1, 3, 7, and 9 of the
`
`’135 patent. Aastra uses these products and thus directly infringes at least claims 1, 3, 7, and 9
`
`of the ’135 patent.
`
`17.
`
`In addition, Aastra provides its Clearspan platform, Pointspan platform, 6725ip
`
`telephone, 6721ip telephone, 6739i telephone, 6730i telephone, 6731i telephone, 6753i (53i)
`
`telephone, 6755i (55i) telephone, 6757i (57i) telephone, 6757i CT (57i CT) telephone, M670i
`
`(536M) Expansion Module, M675i (560M) Expansion Module, 9143i telephone, 9480i
`
`telephone, and 9480i CT telephone to resellers, consultants, and end-user customers in the
`
`United States who, in turn, use these products to infringe at least claims 1, 3, 7, 9, 10, and 12 of
`
`the ’135 patent.
`
`18.
`
`Aastra indirectly infringes by inducing infringement by resellers, consultants,
`
`and end-user customers, in accordance with 35 U.S.C. § 271(b), because Aastra actively
`
`induces infringement of the ’135 patent by resellers, consultants, and end-user customers.
`
`19.
`
`Aastra 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
`
`Aastra 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.
`
`Dallas 306305v1
`
`6
`
`Page 6 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 7 of 24 PageID #: 7
`
`
`
`20.
`
`Aastra has infringed and/or continues to infringe one or more claims of the ’135
`
`patent as set forth above. Aastra is liable for direct infringement, as well as indirect
`
`infringement by way of inducement and/or contributory infringement, for the ’135 patent
`
`pursuant to 35 U.S.C. § 271 (a), (b), (c), and/or (f) as set forth above. For VirnetX’s claims of
`
`indirect infringement, Aastra’s resellers, consultants, and end-user customers are direct
`
`infringers of the ’135 patent.
`
`21.
`
`Aastra’s acts of infringement have caused damage to VirnetX. VirnetX is
`
`entitled to recover from Aastra the damages sustained by VirnetX as a result of Aastra’s
`
`wrongful acts in an amount subject to proof at trial. In addition, the infringing acts and
`
`practices of Aastra has caused, is causing, and, unless such acts and practices are enjoined by
`
`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.
`
`22.
`
`Aastra has received actual notice of infringement by virtue of the filing of this
`
`lawsuit. Aastra has also received constructive notice, as VirnetX has complied with the
`
`requirements of 35 U.S.C. § 287.
`
`COUNT TWO
`
`PATENT INFRINGEMENT BY APPLE
`
`23.
`
`VirnetX incorporates by reference paragraphs 1-22 as if fully set forth herein.
`
`As described below, Apple has infringed and/or continues to infringe the ’135 and ’151
`
`patents.
`
`24.
`
`Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and iPad, when
`
`configured and operating in a system as specified by Apple, infringe at least system claims 10
`
`Dallas 306305v1
`
`7
`
`Page 7 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 8 of 24 PageID #: 8
`
`
`
`and 12 of the ’135 patent. Apple makes and/or uses these systems and thus directly infringes at
`
`least claims 10 and 12 of the ’135 patent.
`
`25.
`
`The use of Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and
`
`iPad as intended by Apple infringes at least method claims 1, 3, 7, 8, and 9 of the ’135 patent.
`
`Apple uses these products and thus directly infringes at least claims 1, 3, 7, 8, and 9 of the ’135
`
`patent.
`
`26.
`
`In addition, Apple provides its iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod
`
`Touch, and iPad to others, such as resellers and end-user customers, in the United States who,
`
`in turn, use these products to infringe at least claims 1, 3, 7, 8, 9, 10, and 12 of the ’135 patent.
`
`27.
`
`Apple indirectly infringes 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 ’135 patent by others, such as resellers and end-user customers.
`
`28.
`
`Apple indirectly infringes the ’135 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.
`
`29.
`
`Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and iPad
`
`infringe at least apparatus claims 1 and 6 of the ’151 patent. Apple makes, uses, sells, offers
`
`for sale, imports, exports, imports, supplies, and/or distributes within and from the United
`
`States these products and thus directly infringes at least claims 1 and 6 of the ’151 patent.
`
`Dallas 306305v1
`
`8
`
`Page 8 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 9 of 24 PageID #: 9
`
`
`
`30.
`
`Apple’s iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod Touch, and iPad, as
`
`well as Apple’s servers, master discs, and other media that store, cache, or distribute iPhone
`
`OS, infringe at least computer readable media claims 7, 12, and 13 of the ’151 patent. Apple
`
`makes, uses, sells, offers for sale, imports, exports, imports, supplies, and/or distributes within
`
`and from the United States these products and media and thus directly infringes at least claims
`
`7, 12 and 13 of the ’151 patent.
`
`31.
`
`In addition, Apple provides its iPhone, iPhone 3G, iPhone 3GS, iPhone 4, iPod
`
`Touch, and iPad and media that store, cache, or distribute iPhone OS to others, such as
`
`resellers and end-user customers, in the United States who, in turn, use these products to
`
`infringe at least claims 1, 6, 7, 12, and 13 of the ’151 patent.
`
`32.
`
`Apple indirectly infringes 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 customers.
`
`33.
`
`Apple indirectly infringes the ’151 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.
`
`34.
`
`Apple has infringed and/or continues to infringe one or more claims of the ’135
`
`and ’151 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 and ’151
`
`Dallas 306305v1
`
`9
`
`Page 9 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 10 of 24 PageID #: 10
`
`
`
`
`
`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 and ’151 patents.
`
`35.
`
`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
`
`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.
`
`36.
`
`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
`
`37.
`
`VirnetX incorporates by reference paragraphs 1-36 as if fully set forth herein.
`
`As described below, Cisco has infringed and/or continues to infringe the ’135, ’759, ’180, and
`
`’504 patents.
`
`38.
`
`Cisco’s Unified 6900, 7900, 8900, and 9990 Series IP Phones, IP
`
`Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500, 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,
`
`Dallas 306305v1
`
`10
`
`Page 10 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 11 of 24 PageID #: 11
`
`
`
`504G, 508G, 509G, 525G/525G2, SPA962, SPA942, SPA941, SPA932, SPA922, SPA921,
`
`and SPA901 IP Phones, 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.
`
`39.
`
`The use of Cisco’s Unified 6900, 7900, 8900, and 9990 Series IP Phones, IP
`
`Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500, 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, and SIP Proxy Server 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.
`
`40.
`
`In addition, Cisco provides its Unified 6900, 7900, 8900, and 9990 Series IP
`
`Phones, IP Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500,
`
`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, and SIP Proxy Server 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.
`
`Dallas 306305v1
`
`11
`
`Page 11 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 12 of 24 PageID #: 12
`
`
`
`41.
`
`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.
`
`42.
`
`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.
`
`43.
`
`Cisco’s 800, 1800, 1900, 2800 and 2900 Series Integrated Service Routers,
`
`ASA 5500 Series Adaptive Security Appliances, 3800 and 3900 Series Integrated Service
`
`Routers, 7200 Series Routers, 7301 Routers, Catalyst 6500 Series Switches, ASR 1000 Series
`
`Routers, AnyConnect VPN Client, and 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, 23-24, and 26-29 of the ’759 patent. Cisco makes, uses, sells,
`
`offers for sale, exports, imports, supplies, and/or distributes within and from the United States
`
`these products and media and thus directly infringes at least claims 16-17, 23-24, and 26-29 of
`
`the ’759 patent.
`
`44.
`
`The use of Cisco’s 800, 1800, 1900, 2800 and 2900 Series Integrated Service
`
`Routers, ASA 5500 Series Adaptive Security Appliances, 3800 and 3900 Series Integrated
`
`Service Routers, 7200 Series Routers, 7301 Routers, Catalyst 6500 Series Switches, ASR 1000
`
`Series Routers, AnyConnect VPN Client, and VPN Client as intended by Cisco infringes at
`
`Dallas 306305v1
`
`12
`
`Page 12 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 13 of 24 PageID #: 13
`
`
`
`least method claims 1-2, 8-9, and 11-14 of the ’759 patent. Cisco uses these products and thus
`
`directly infringes at least claims 1-2, 8-9, and 11-14 of the ’759 patent.
`
`45.
`
`In addition, Cisco provides its 800, 1800, 1900, 2800 and 2900 Series Integrated
`
`Service Routers, ASA 5500 Series Adaptive Security Appliances, 3800 and 3900 Series
`
`Integrated Service Routers, 7200 Series Routers, 7301 Routers, Catalyst 6500 Series Switches,
`
`ASR 1000 Series Routers, AnyConnect VPN Client, VPN Client, and media that store, cache,
`
`or distribute Cisco’s software to resellers, consultants, and end-user customers in the United
`
`States who, in turn, use these products to infringe claims 1-2, 8-9, 11-14, 16-17, 23-24, and 26-
`
`29 of the ’759 patent.
`
`46.
`
`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 ’759 patent by resellers, consultants, and end-user customers.
`
`47.
`
`Cisco indirectly infringes the ’759 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.
`
`48.
`
`Cisco’s 870, 880, 890, 1800, 1900, 2800, 2900, 3800 and 3900 Series Integrated
`
`Series Routers, 1841, 2800, and 3800 Series Integrated Series Routers, 7200 Series Routers,
`
`7301 Routers, ASR 1000 Series Routers, 7200VXR Routers, 7600 Series Routers, and Catalyst
`
`6500 Series Routers infringe at least system claims 33 and 35 of the ’180 patent. Cisco makes,
`
`Dallas 306305v1
`
`13
`
`Page 13 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 14 of 24 PageID #: 14
`
`
`
`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 33 and 35 of the ’180
`
`patent.
`
`49.
`
`Cisco’s 870, 880, 890, 1800, 1900, 2800, 2900, 3800 and 3900 Series Integrated
`
`Series Routers, 1841, 2800, and 3800 Series Integrated Series Routers, 7200 Series Routers,
`
`7301 Routers, ASR 1000 Series Routers, 7200VXR Routers, 7600 Series Routers, and Catalyst
`
`6500 Series Routers, 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 17, 20, 26, 28,
`
`30 of the ’180 patent. Cisco makes, uses, sells, offers for sale, exports, imports, supplies,
`
`and/or distributes within and from the United States these products and media and thus directly
`
`infringes at least claims 17, 20, 26, 28, 30 of the ’180 patent.
`
`50.
`
`The use of Cisco’s 870, 880, 890, 1800, 1900, 2800, 2900, 3800 and 3900
`
`Series Integrated Series Routers, 1841, 2800, and 3800 Series Integrated Series Routers, 7200
`
`Series Routers, 7301 Routers, ASR 1000 Series Routers, 7200VXR Routers, 7600 Series
`
`Routers, and Catalyst 6500 Series Routers as intended by Cisco infringes at least method
`
`claims 1, 4, 10, 12, and 14 of the ’180 patent. Cisco uses these products and thus directly
`
`infringes at least claims 1, 4, 10, 12, and 14 of the ’180 patent.
`
`51.
`
`In addition, Cisco provides its 870, 880, 890, 1800, 1900, 2800, 2900, 3800 and
`
`3900 Series Integrated Series Routers, 1841, 2800, and 3800 Series Integrated Series Routers,
`
`7200 Series Routers, 7301 Routers, ASR 1000 Series Routers, 7200VXR Routers, 7600 Series
`
`Routers, Catalyst 6500 Series Routers, and media that store, cache, or distribute Cisco’s
`
`software to resellers, consultants, and end-user customers in the United States who, in turn, use
`
`Dallas 306305v1
`
`14
`
`Page 14 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 15 of 24 PageID #: 15
`
`
`
`these products to infringe at least claims 1, 4, 10, 12, 14, 17, 20, 26, 28, 30, 33, and 35 of the
`
`’180.
`
`52.
`
`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 ’180 patent by resellers, consultants, and end-user customers.
`
`53.
`
`Cisco indirectly infringes the ’180 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.
`
`54.
`
`Cisco’s Unified 6900, 7900, 8900, and 9990 Series IP Phones, IP
`
`Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500, Unified
`
`Communications Manager Business Edition, Unified Communications Manager Express, and
`
`Unified Communications Manager (including certain versions formerly known as Unified
`
`CallManager), infringe at least system claims 1, 2, 5, 14-17, 19-23, and 26-35 of the ’504
`
`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 1, 2,
`
`5, 14-17, 19-23, and 26-35 of the ’504 patent.
`
`55.
`
`Cisco’s Unified 6900, 7900, 8900, and 9990 Series IP Phones, IP
`
`Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500, Unified
`
`Communications Manager Business Edition, Unified Communications Manager Express, and
`
`Dallas 306305v1
`
`15
`
`Page 15 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 16 of 24 PageID #: 16
`
`
`
`Unified Communications Manager (including certain versions formerly known as Unified
`
`CallManager), 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 36, 38-41, 43-47,
`
`and 50-59 of the ’504 patent. Cisco makes, uses, sells, offers for sale, exports, imports,
`
`supplies, and/or distributes within and from the United States these products and media and
`
`thus directly infringes at least claims 36, 38-41, 43-47, and 50-59 of the ’504 patent.
`
`56.
`
`The use of Cisco’s Unified 6900, 7900, 8900, and 9990 Series IP Phones, IP
`
`Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500, Unified
`
`Communications Manager Business Edition, Unified Communications Manager Express, and
`
`Unified Communications Manager (including certain versions formerly known as Unified
`
`CallManager), as intended by Cisco infringes at least method claim 60 of the ’504 patent.
`
`Cisco uses these products and thus directly infringes at least claim 60 of the ’504 patent.
`
`57.
`
`In addition, Cisco provides its Unified 6900, 7900, 8900, and 9990 Series IP
`
`Phones, IP Communicator, TelePresence System 3200, 3000, 1300 Series, 1100, 1000 and 500,
`
`Unified Communications Manager Business Edition, Unified Communications Manager
`
`Express, Unified Communications Manager (including certain versions formerly known as
`
`Unified CallManager), and media that store, cache, or distribute Cisco’s software to resellers,
`
`consultants, and end-user customers in the United States who, in turn, use these products to
`
`infringe at least claims 1, 2, 5, 14-17, 19-23, 26-36, 38-41, 43-47, and 50-60 of the ’504 patent.
`
`58.
`
`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 ’504 patent by resellers, consultants, and end-user customers.
`
`Dallas 306305v1
`
`16
`
`Page 16 of 24
`
`

`
`Case 6:10-cv-00417-LED Document 1 Filed 08/11/10 Page 17 of 24 PageID #: 17
`
`
`
`59.
`
`Cisco indirectly infringes the ’504 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 n