"[0;
`
`Mail Stop 3
`Director of the U.S. Patent & Trademark Office
`P.0. Box 1450
`Alexandria, VA 22313-1450
`
`REPORT ON THE
`RMINATION OF AN
`ACTION REGARDING A PATENT OR
`TRADEMARK
`you are hereby advised that a court action has been
`In Compliance with 35 § 290 and/or 15 U.S.C. § l1l6
`El Trademarks:
`on the following
`X Patents or
`filed in the U.S. District Court
`Northern California
`DOCKET NO.
`U.S. DISTRICT COURT
`CV 14-
`450 Golden Gate Avenue San Francisco C
`01727 MEJ
`DEFENDANT
`PLAINTIFF
`NETAPP, INC.
`CROSSROADS SYSTEMS, INC
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`PATENT OR
`TRADEMARK NO.
`
`DATE OF PATENT
`OR TRADEMARK
`
`Richard W. Wieking
`
`BY) DEPUTY CLERK
`Hilary Jackson
`
`Copy 3—Upon termination of action,
`of action, mail this copy to Commissioner
`Copy 4——Case file copy
`Copy 1—Upon initiation
`atent(s), mail this copy to Commissioner
`Copy 2—Upon filing document adding p
`
`DATE
`
`April 17, 2014
`
`mail this copy to Commissioner
`
`NetApp Ex. 1002, pg. 1
`
`

`
`Case3:14-cv-01727-ME.) Documentl Filed04/15/14 Page1of5
`
`DUANE MORRIS LLP
`Karineh Khachatourian (CA SBN 202634)
`kkhachatourian@duanemorris.eom
`Patrick S. Salceda (CA SBN 247978)
`psalceda@duanemorris.com
`David T. Xue, Ph.D. (CA SBN 256668)
`dtxue@duanemorris.eom
`2475 Hanover Street
`Palo Alto, CA 94304-1134
`Telephone: 650.847.4150
`Facsimile: 650.847.4151
`
`Attorneys for Plaintiff
`NETAPP, INC.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`SAN JOSE DIVISION
`
`NETAPP, INC.,
`
`Case No.
`
`Plaintiff,
`
`V
`CROSSROADS SYSTEMS, INC.
`Defendant
`
`JUDGMENT
`
`COMPLAINT FOR DECLARATORY
`DEMAND FOR JURY TRIAL
`
`DM2\487059l .3 (31309/00003
`
`COMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL
`
`NetApp Ex. 1002, pg. 2
`
`

`
`Case3:l4-cv—O1727-MEJ Documentl Filed04/15/14 Pagez of5
`
`PlaintiffNetApp, Inc. (“NetApp” or “Plaintiff”), by its attorneys, alleges as follows:
`NATURE OF THE ACTION
`This is an action by Plaintiff for Declaratory Judgment against Defendant Crossroads
`”). NetApp seeks declaratory relief pursuant to 28 U.S.C.
`“the ’147 Patent”) and 7,987,311
`
`Systems, Inc. (“Crossroads” or “Defendant
`§§ 2201 and 2202, declaring United States Patent Nos. 7,051,147 (
`(“the ’311 Patent”) (collectively the “patents—in-suit”) to be not infringed.
`THE PARTIES
`
`1.
`
`PlaintiffNetApp, Inc. is a Delaware corporation with its principal pl
`
`ace of business at
`
`495 East Java Drive, Sunnyvale, California 94089.
`2.
`Defendant Crossroads is a corporation incorporated under the laws ofthe State of
`ssway, Austin, Texas,
`Delaware and has its principal place of business at 11000 North MoPac Expre
`
`78759.
`
`BACKGROUND STATEMENT
`NetApp brings this declaratory judgment action in response to accusations of
`3.
`infringement involving the
`for products
`’ 147 and ’3ll Patents levied against NetApp by Crossroads
`ment” filed on April 9, 2014 in Civil Action No.
`referenced in its “Concise Statement of Infringe
`
`Neither the ’147 nor the ’3 ll Patents were asserted in Crossroads’ Original Complaint, nor has
`Crossroads sought to amend its Original Complaint to include these patents.
`4.
`Accordingly, NetApp brings this Declaratory Judgment action because an actual
`of infringement has been made by Crossroads related to the patents—in-suit.
`JURISDICTION AND VENUE
`This Court has subject matterjurisdiction over NetApp’s request for a declaratory
`rises under the patent laws of the United
`
`5.
`
`judgment under 28 U.S.C. §§ 2201 and 2202. This action a
`States, 35 U.S.C. §
`§ 100 et seq., which are within the subject matter jurisdiction
`
`ofthis Court under
`
`28 U.S.C. §§ 1331 and 1338(a).
`6.
`Crossroads’ allegations threaten actual and imminent injury to NetApp that can be
`ality to warrant the
`judicial relief and that injury is of sufficient immediacy and re
`-1-
`AND DEMAND FOR JURY TRIAL
`
`redressed by
`
`COMPLAINT FOR DECLARATORY JUDGMENT
`
`DM2\4870S9 l .3 G130‘)/00003
`
`NetApp Ex. 1002, pg. 3
`
`

`
`Case3:14-cv—O1727—MEJ Documentl Fi|edO4/15/14 Page3 0f5
`
`issuance
`
`of a declaratory judgment. Absent a declaration of non-infringement, Crossroads’
`e NetApp
`s of infringement related to NetApp’s products will caus
`
`continued wrongful assertion
`
`harm.
`
`This Court has general and specific personal jurisdiction over Crossroads because of
`7.
`its purposeful, systematic, and continuous contacts with California. Crossroads sells products and
`services in California, including its StrongBox® product line and actively solicits customers in
`California by presenting at conferences such as Createasphere’s Digital Asset Management
`Conference in Beverly Hills, California and the Hollywood Post Alliance Tech Retreat in Indian
`Wells, California. Moreover, Crossroads maintains sales personnel in California and conducts
`business in this district. This Court has personal jurisdiction over Crossroads for another reason:
`Crossroads has purposefully directed into California its enforcement activities regarding the patents-
`nforcement efforts in California
`in-suit. On information and belief, Crossroads’s licensing and e
`
`have generated substantial revenues.
`8.
`Venue is proper in this district pursuant to 28 U.S.C. § l39l(b) because, inter alia, a
`urred here and because
`substantial part ofthe events and omissions giving rise to the claims occ
`Crossroads is subject to personal jurisdiction in this district.
`INTRADISTRICT ASSIGNMENT
`
`9.
`
`the Northern District ofCalifornia is
`
`ates District Court for
`Division assignment to the San Jose Division of the United St
`-2(e) because this is both
`proper pursuant to Civil Local Rule 3
`places, Santa Clara County, and because a
`
`an Intellectual Property Action that arose in, among other
`substantial part ofthe events giving rise to the claims occurred in Santa Clara County.
`FACTUAL ALLEGATIONS
`Crossroads purports to be the owner ofthe ’l47 Patent. The ’147 Patent is entitled
`l0.
`on May 23, 2006. A cop
`“Storage router and method for providing virtual local storage” and issued
`of the ’147 Patent is attached hereto as Exhibit B.
`ll.
`Crossroads purports to be the owner ofthe ’3l1 Patent. The ’3ll Patent is also
`storage" and issued on July 26, 2011.
`and method for providing virtual local
`
`entitled “Storage router
`
`A copy of the 31 l Patent is attached heret
`
`0 as Exhibit C.
`-2-
`
`DM2\4%7059l.3 Gl309/00003
`
`COMPLAINT
`
`NetApp Ex. 1002, pg. 4
`
`

`
`Case3:14—cv-01727-MEJ Documentl Fi|ed04/15/14 Page4 of5
`
`FIRST CLAIM FOR RELIEF
`(Declaratory Judgment of Non-Infringement of the ’147 Patent)
`NetApp incorporates by reference each ofthe allegations in the preceding paragraphs
`
`12.
`
`of this Complaint as if fully set forth herein.
`atent has been or is infringed, either directly or indirectly, by
`
`13.
`
`No claim ofthe ’l47 P
`
`NetApp or the purchasers of NetApp’s products.
`14.
`As a res
`e exists a substantial
`ult of the acts described in the foregoing paragraphs, ther
`ality between Crossroads and NetApp to warrant the
`d, and does not infringe, directly or
`
`controversy of sufficient immediacy and re
`issuance of a declaratory judgment that NetApp has not infringe
`
`indirectly, any claim of the ’l47 Patent.
`SECOND CLAIM FOR RELIEF
`(Declaratory Judgment of Non—Infringement of the ’3] 1 Patent)
`ates by reference each of the allegations in the preceding paragraphs
`
`15.
`
`NetApp incorpor
`
`of this Complaint as if fully set forth herein.
`’311 Patent has been or is infringed, either directly or indirectly, by
`
`16.
`
`No claim ofthe
`
`NetApp or the purchasers ofNetApp’ s products.
`17.
`As a result ofthe acts described in the foregoing paragraphs, there exists a substantial
`controversy of sufficient immediacy and reality between Crossroads and NetApp to warrant the
`issuance of a declaratory judgment that NetApp has not infringed, and does not infringe, directly or
`
`indirectly, any claim of the "31 1 Patent.
`PRAYER FOR RELIEF
`
`WHEREFORE, Plaintiff prays forjudgment as follows:
`1.
`For entry of a declaration that NetApp products have not infringed and are not
`infringing, either directly or indirectly, any claim ofthe ’l47 or ’31l Patents;
`2.
`An order that Crossroads and each of its officers, employees, agents, attorneys, and
`cm are restrained and enjoined from
`and all persons acting in concert or participation with th
`further prosecuting or instituting any action against NetApp claiming that the ’147, and ’311 Patents
`are infringed or from representing that NetApp’s products or their use by the purchasers ofthose
`
`any
`
`-3-
`
`DM2\487059l .3 G130?/00003
`
`COMPLAINT FO
`
`NetApp Ex. 1002, pg. 5
`
`

`
`Case3:l4-cv-01727-MEJ Documentl Fi|ed04/15/14 Page5 of5
`
`1
`
`products infringe the ’l47, and ’3l l Patents;
`
`3.
`
`4.
`
`5.
`
`A declaration that this is an exceptional case under 35 U .S.C. § 285;
`
`An award to NetApp of its costs and attorneys’ fees incurred herein; and
`
`For such other relief as the Court deems just and proper.
`
`JURY DEMAND
`
`NetApp demands a trial by jury on all issues so triable.
`
`Dated: April 15,2014
`
`DUANE MORRIS LLP
`
`:
`
`/s/ Karineh Khachatourian
`Karineh Khachatourian
`Patrick S. Salceda
`David T. Xue
`
`Attorneys for Plaintiff
`NETAPP, INC.
`
`DM2\487059l.3 Gl309/00003
`
`COMPLAINT FOR DECLARATORY JUDGMENT AND DEMAND FOR JURY TRIAL
`
`NetApp Ex. 1002, pg. 6
`
`

`
`Mai] sgop 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 me following
`
`E] Trademarks or M Patents.
`
`( 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
`
`TRADEMARK
`
`DATE OF PATENT
`
`_ w
`
`e 935- <23-5 —
`3 7 934/ OW —
`4 7 05 I
`/ ’~/ 7
`
`DATE INCLUDED
`
`In the above—entitled case, the following patent(s)/ trademark(s) have been included:
`INCLUDED BY
`
`[I Answer
`
`D Amendment
`PATENT OR
`DATE OF PATENT
`TRADEMARK N0.
`OR TRADEMARK
`HOLDER OF PATENT OR TRADEMARK
`1 —
`_—
`——
`
`[I Cross Bill
`
`|'_'l Other Pleading
`
`——
`
`In the above——entit1ed case, the following decision has been rendered or j udgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`William G. Putnicki
`
`IQ‘
`,
`,
`‘o .,
`.4_.LA..$'_.
`.
`‘i.
`Copy 1—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
`
`DATE
`
`11/27/2013
`
`NetApp Ex. 1002, pg. 7
`
`

`
`Case 1:13-fcv-01025-SS Document 1 Filed 11/26/13 Page 9 of 11
`
`That Defendants account for and pay to Crossroads all damages caused by
`
`the infringement of the ’04l Patent;
`
`That Crossroads receive enhanced damages from Defendants in the form
`
`of treble damages, pursuant to 35 U.S.C. § 284 based on Defendants’
`
`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 Defendants’ infringement of the
`
`’041 Patent,
`
`including pre-judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendants have infringed the ’ 147 Patent;
`
`That such infringement of the ’147 Patent by Defendants has been willful;
`
`That Defendants account for and pay to Crossroads all damages caused by
`
`the infringement of the ’ 147 Patent;
`
`That Crossroads receive enhanced damages from Defendants in the form
`
`of treble damages, pursuant to 35 U.S.C. § 284 based on Defendants’
`
`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 Defendants’ infringement of the
`
`’147 Patent,
`
`including pre-judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendants pay Crossroads all of Crossroads’ reasonable attorneys’
`
`fees and expenses;
`
`That costs be awarded to Crossroads;
`
`NetApp Ex. 1002, pg. 8
`
`

`
`Case 1:13-cv-01025-SS Document 1 Filed 11/26/13 Page 10 of 11
`
`R.
`
`That Defendants, Defendants’
`
`agents,
`
`employees,
`
`representatives,
`
`successors and assigns, and those acting in privity or in concert with
`
`Defendants, be preliminary and permanently enjoined from further
`
`infringement of the ’035 Patent;
`
`That Defendant, Defendants’
`
`agents,
`
`employees,
`
`representatives,
`
`successors and assigns, and those acting in privity or in concert with
`
`Defendants, be preliminary and permanently enjoined from further
`
`infringement of the ’04l Patent;
`
`That Defendants, Defendants’
`
`agents,
`
`employees,
`
`representatives,
`
`successors and assigns, and those acting in privity or in concert with
`
`Defendants, be preliminary 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.
`
`DEMAND FOR JURY TRIAL
`
`Crossroads hereby demands a trial by jury on all issues.
`
`NetApp Ex. 1002, pg. 9
`
`

`
`Case 1:13-ev-01025-SS Document 1 Filed 11/26/13 Page 11 0111
`
`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 IP Law Group, PC
`1301 w. 25*“ Street, Suite 408
`Austin, Texas 78705
`Tel: 512-637-9220
`Fax: 512-371-9088
`
`ssprink1e@sprinkle1aw.com
`ebrownfore@sprinklelaw.com
`
`Susan K. Knoll
`Texas Bar No. 11616900
`Russell T. Wong
`Texas Bar No. 21884235
`James H. Hall
`Texas Bar No. 24041040
`
`WONG, CABELLO, LUTSCH,
`RUTHERFORD & BRUCCULERI, L.L.P.
`20333 SH 249, Suite 600
`Houston, TX 77070
`Tel: 832-446-2400
`Fax: 832-446-2424
`
`sknol1@counselip.com
`rwong@counse1ip.com
`jha1l@counselip.com
`
`A TTORNEYS FOR PLAINTIFF
`CROSSROADS SYSTEMS, INC.
`
`NetApp Ex. 1002, pg. 10
`
`

`
`Case 1:13-Kcv-01025-SS Document 1 Filed 11/26/13 Page 1 of 11
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`CROSSROADS SYSTEMS, INC.,
`
`Plaintiff,
`
`v.
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI ENTERPRISE USA INC.
`HUAWEI TECHNOLOGIES USA INC.
`
`Defendants.
`
`€4O'>0O'J0O'J0O'JbO')OO'>0O'JE0'>UO'J<0'J<AU2
`
`CIVIL ACTION NO. 1:13-CV-1025
`
`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 I-Iuawei Technologies Co. Ltd. (“Huawei
`
`China”) is a corporation organized and existing under the laws of the People’s Republic of China
`
`with its principal place of business in Huawei Industrial Base, Bantian, Longgang, Shenzshen,
`
`Guangdong, P.R. China, 518129.
`
`3.
`
`Upon information and belief, Defendant Huawei Enterprise USA Inc. (“Huawei
`
`Enterprise”) is a California Corporation with its principal office at 3965 Freedom Circle, 11"‘
`
`Floor, Santa Clara, CA 95054.
`
`4.
`
`Upon information and belief, Defendant Huawei Technologies USA Inc.
`
`is a
`
`Texas corporation with its principal office at 5700 Tennyson Parkway, Suite 500, Plano, TX
`
`75024.
`
`NetApp Ex. 1002, pg. 11
`
`

`
`Case l:l3—cv—O1025—SS Document 1 Filed 11/26/13 Page 2 of 11
`
`JURISDICTION AND VENUE
`
`5.
`
`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. §§
`
`1331 and 1338.
`
`6.
`
`Personal jurisdiction and venue are proper in this district under 28 U.S.C. §§ 1391
`
`and 1400(b). Upon information and belief, Defendants Huawei China, Huawei Enterprise and
`
`Huawei Technologies USA Inc. established minimum contacts with this forum such that the
`
`exercise of jurisdiction over Defendants would not offend traditional notions of fair play and
`
`substantial justice. Upon information and belief, Defendants regularly conduct business in the
`
`State of Texas and in this judicial district and are subject to the jurisdiction of this Court. Upon
`
`information and belief, Defendants have 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-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
`
`7.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`8.
`
`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.
`
`NetApp Ex. 1002, pg. 12
`
`

`
`Case 1:13—'cv—01025-SS Document 1 Filed 11/26/13 Page 3 of 11
`
`9.
`
`On information and belief, Defendants have directly infringed the ’035 Patent.
`
`On information and belief, Defendant continues to directly infringe the ’O35 Patent.
`
`10.
`
`Specifically, on information and belief, Defendants have directly infringed the
`
`’035 Patent by making, using, offering for sale, selling and/or importing into the United States
`
`certain of products including at
`
`least the following: OceanStor S2200T Storage System,
`
`OceanStor S6800T Storage System, OceanStor T Series Unified Storage Systems (including the
`
`OceanStor S2600T, OceanStor S5500T, OceanStor S5600T, OceanStor S5800T), OceanStor
`
`HVS85T Storage Systems, OceanStor HVS88T Storage Systems, OceanStor VIS6600T Storage
`
`Systems, OceanStor Dorado 2100 G2 Storage Systems, and OceanStor Dorado 5100 Storage
`
`Systems.
`
`11.
`
`Further, on information and belief, Defendants have been and now are 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 products,
`
`including the OceanStor
`
`S2200T Storage System, OceanStor S6800T Storage System, OceanStor T Series Unified
`
`Storage Systems (including the OceanStor S2600T, OceanStor S5500T, OceanStor S5600T,
`
`OceanStor S5800T), OceanStor HVS85T Storage Systems, OceanStor HVS88T Storage
`
`Systems, OceanStor VlS660OT Storage Systems, OceanStor Dorado 2100 G2 Storage Systems,
`
`and OceanStor Dorado 5100 Storage Systems, and Defendants knew that these actions were
`
`inducing end users to infringe the ’035 Patent.
`
`12.
`
`Further, on information and belief, Defendants have been and now are 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 OceanStor
`
`NetApp Ex. 1002, pg. 13
`
`

`
`Case 1:13-‘cv-01025-83 Document 1 Filed 11/26/13 Page 4 of 11
`
`S220()T Storage System, OceanStor S6800T Storage System, OceanStor T Series Unified
`
`Storage Systems (including the OceanStor S2600T, OceanStor SSSOOT, OceanStor S5600T,
`
`OceanStor S5800T) OceanStor HVS85T Storage Systems, OceanStor HVS88T Storage Systems,
`
`OceanStor VIS6600T Storage Systems, OceanStor Dorado 2100 G2 Storage Systems, and
`
`OceanStor Dorado 5l00 Storage Systems, knowing the components to be especially made or
`
`especially adapted for use in the infringement of the ’035 Patent. Such components are not a
`
`staple article or commodity of commerce suitable for substantial non-infringing uses.
`
`13.
`
`Defendants have been on constructive and/or actual notice of the ’035 Patent
`
`since at
`
`least as early as February 2012, and Defendants have not ceased their infringing
`
`activities. The infringement of the ’035 Patent by Defendants has been and continues to be
`
`willful and deliberate.
`
`l4.
`
`Crossroads has been irreparably harmed by Defendants’ acts of infringement of
`
`the ’035 Patent, and will continue to be harmed unless and until Defendants’ acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`15.
`
`As a result of the acts of infringement of the ‘O35 Patent by Defendants,
`
`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
`
`16.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`17.
`
`On April 26, 2011, United States Patent No. 7,934,041 (the “’04l Patent”) was
`
`duly and legally issued. A true and correct copy of the ’O4l Patent is attached hereto as Exhibit
`
`B. Crossroads is the assignee 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.
`
`NetApp Ex. 1002, pg. 14
`
`

`
`Case 1:13-cv—01025-SS Document 1 Filed 11/26/13 Page 5 of 11
`
`18.
`
`On information and belief, Defendants have directly infringed the ’041 Patent.
`
`On information and belief, Defendants continue to directly infringe the ’041 Patent.
`
`19.
`
`Specifically, on information and belief, Defendants have directly infringed the
`
`’041 Patent by making, using, offering for sale, selling and/or importing into the United States
`
`certain products including at least the following: OceanStor S2200T Storage System, OceanStor
`
`S6800T Storage System, OceanStor T Series Unified Storage Systems (including the OceanStor
`
`S2600T, OceanStor S5500T, OceanStor S5600T, OceanStor S5800T) OceanStor HVS85T
`
`Storage Systems, OceanStor HVS88T Storage Systems, OceanStor VIS6600T Storage Systems,
`
`OceanStor Dorado 2100 G2 Storage Systems, and OceanStor Dorado 5100 Storage Systems.
`
`20.
`
`Further, upon information and belief, Defendants have been and now are
`
`indirectly infringing by way of inducing infringement of the ’041 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 products,
`
`including the
`
`OceanStor S2200T Storage System, OceanStor S6800T Storage System, OceanStor T Series
`
`Unified Storage Systems (including the OceanStor S260OT, OceanStor S5500T, OceanStor
`
`S5600T, OceanStor SSSOOT), OceanStor HVS85T Storage Systems, OceanStor HVS88T Storage
`
`Systems, OceanStor VIS6600T Storage Systems, OceanStor Dorado 2100 G2 Storage Systems,
`
`and OceanStor Dorado 5100 Storage Systems, and Defendant knew that these actions were
`
`inducing end users to infringe the ’041 Patent.
`
`21.
`
`Further, upon information and belief, Defendants have been and now are
`
`indirectly infringing by way of contributing to the infringement by end users of the ’041 Patent
`
`by selling, offering to sell and/or importing into the United States components, OceanStor
`
`S2200T Storage System, OceanStor S6800T Storage System, OceanStor T Series Unified
`
`NetApp Ex. 1002, pg. 15
`
`

`
`Case 1:13-fcv—01025-SS Document 1 Filed 11/26/13 Page 6 of 11
`
`Storage Systems (including the OceanStor S2600T, OceanStor S5500T, OceanStor S5600T,
`
`OceanStor S5800T), OceanStor HVS85T Storage Systems, OceanStor HVS88T Storage
`
`Systems, OceanStor VIS6600T Storage Systems, OceanStor Dorado 2100 G2 Storage Systems,
`
`and OceanStor Dorado 5100 Storage Systems, 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.
`
`22.
`
`Defendants have been on constructive and/or actual notice of the ’041 Patent
`
`since at least as early as early as February 2012, and Defendants have not ceased the infringing
`
`activities. The infringement of the ’041 Patent by Defendants has been and continues to be
`
`willfiil and deliberate.
`
`23.
`
`Crossroads has been irreparably harmed by Defendants’ acts of infringement of
`
`the ’041 Patent, and will continue to be banned unless and until Defendants’ acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`24.
`
`As a result of the acts of infringement of the ’04l Patent by Defendants,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`COUNT 3: INFRINGEMENT OF U.S. PATENT N0. 7 ,051,147
`
`25.
`
`Crossroads incorporates by reference the allegations set forth in the preceding
`
`paragraphs.
`
`26.
`
`On May 23, 2006, United States Patent No. 7,051,147 (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 ’147
`
`Patent. The ’ 147 Patent is entitled to a presumption of validity.
`
`NetApp Ex. 1002, pg. 16
`
`

`
`Case 1:13-Kcv—O1O25~SS Document 1 Filed 11/26/13 Page 7 of 11
`
`27.
`
`On information and belief, Defendants have directly infringed the ’147 Patent.
`
`On information and belief, Defendants continue to directly infringe the ’ 147 Patent.
`
`28.
`
`Specifically, on information and belief, Defendants have directly infringed the
`
`’147 Patent by making, using, offering for sale, selling and/or importing into the United States
`
`certain products including at
`
`least
`
`the following: OceanStor S5600T Storage Systems,
`
`OceanStor S5800T Storage Systems, OceanStor S6800T Storage Systems, OceanStor VIS6600T
`
`Storage Systems.
`
`29.
`
`Further, on information and belief, Defendants have been and now are indirectly
`
`infringing by way of inducing infringement of the ’ 147 Patent with knowledge of the ’ 147 Patent
`
`by making, offering for sale, selling, importing into the United States, marketing, supporting,
`
`providing product
`
`instruction and/or advertising certain products,
`
`including the OceanStor
`
`S5600T Storage Systems, OceanStor S5 800T Storage Systems, OceanStor S6800T Storage
`
`Systems, OceanStor VIS6600T Storage Systems, and Defendants knew that these actions were
`
`inducing end users to infringe the ’l47 Patent.
`
`30.
`
`Further, on information and belief, Defendants have been and now are indirectly
`
`infringing by way of contributing to the infringement by end users of the ’ 147 Patent by selling,
`
`offering to sell and/or importing into the United States components,
`
`including OceanStor
`
`S5600T Storage Systems, OceanStor S5800T Storage Systems, OceanStor S6800T Storage
`
`Systems, OceanStor VIS6600T Storage Systems, 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.
`
`31.
`
`Defendants have been on constructive and/or actual notice of the ’ 147 Patent
`
`since at least as early as February 2012, and Defendants have not ceased the infringing activities.
`
`NetApp Ex. 1002, pg. 17
`
`

`
`Case 1:13-cv—01025-SS Document 1 Filed 11/26/13 Page 8 of 11
`
`The infringement of the ’147 Patent by Defendants has been and continues to be willful and
`
`deliberate.
`
`32.
`
`Crossroads has been irreparably harmed by Defendants’ acts of infringement of
`
`the ’147 Patent, and will continue to be harmed unless and until Defendants’ acts of infringement
`
`are enjoined and restrained by order of this Court.
`
`33.
`
`As a result of the acts of infringement of the ’147 Patent by Defendants,
`
`Crossroads has suffered and will continue to suffer damages in an amount to be proven at trial.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Crossroads requests this Court enter judgment as follows:
`
`A.
`
`B.
`
`That Defendants have infringed the ’035 Patent;
`
`That such infringement of the ’035 Patent by Defendants has been willful;
`
`That Defendants account for and pays to Crossroads all damages caused
`
`by the infringement of the ’035 Patent;
`
`That Crossroads receive enhanced damages from Defendants in the form
`
`of treble damages, pursuant to 35 U.S.C. § 284 based on Defendants’
`
`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 Defendants’ infringement of the
`
`’035 Patent,
`
`including pre-judgment and post-judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`That Defendants have infringed the ’041 Patent;
`
`That such infringement of the ’041 Patent by Defendants has been willful;
`
`NetApp Ex. 1002, pg. 18
`
`

`
`AO l20 Rev.08/'10)
`
`TO:
`
`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
`El Trademarks or
`MPatents.
`( lj the patent action involves 35 U.S.C. § 292.):
`
`DOCKET NO.
`1 :13-cv-895-SS
`PLAINTIFF
`
`DATE FILED
`10/7/2013
`
`U.S. DISTRICT COURT
`Western District of Texas, Austin Division
`DEFENDANT
`
`Crossroads Systems, inc.
`
`Oracle Corporation
`
`PATENT OR
`TRADEMARK NOV
`
`DATE OF PATENT
`OR TRADEMARK
`
`,
`,
`HOLDER OF PATEN I OR TRADEMARK
`
`2 co $¢:15,.o3 E
`
`DATE INCLUDED
`
`PATENT OR
`TRADEMARK NO.
`
`In the above—entitled case, the following patcnt(s)/ trademark(s) have been included:
`INCLIJDED BY
`
`El Amendment
`DATE OF PATENT
`OR TRADEMARK
`
`El Answer
`
`Cross Bill
`
`[:| Other Pleading
`
`,
`HOLDER OF PATENT OR TRADEMARK
`
`In the above—enlitled case, the following decision has been rendered or judgement issued:
`DECISION/JUDGEMENT
`
`CLERK
`
`William G. Putnicki
`
`Copy 1—Upon initiation ofaction, 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
`
`NetApp Ex. 1002, pg. 19
`
`

`
`Case l:l3~cv-00895-SS Document 1
`
`‘Filed 10/07/13 Page 9 of 11
`
` .:m
`
`That Defendant has infringed the ’041 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 ’041 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 ‘G41 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
`
`‘O41 Patent,
`
`including pre—judgment and post—judgment interest on any
`
`enhanced damages or attorneys’ fees award;
`
`ThatiDefendant 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 of the ’147 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 ’ 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;
`
`NetApp Ex. 1002, pg. 20
`
`

`
`' Case 1:13-cv-D0895-SS Document 1 Filed 10/07/13 Page 10 of 11
`
`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 preliminary
`
`and permanently enjoined from further infringement of the ’O35 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 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 ’ 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.
`
`DEMAND FOR JURY TRIAL
`
`Crossroads hereby demands a trial by jury on all issues.
`
`NetApp Ex. 1002, pg. 21
`
`

`
`:_
`
`I
`
`' Cast-3 1:13-cv-00895-SS Document 1 Filed 10/07/13 Page 11 of 11
`
`Dated: October 7, 2013
`
`Respectfully submitted,
`
`Steven prinkle
`Texas Bar No. 00794962
`Elizabeth J. Brown Fore
`Texas Bar No. 24001795
`
`S