CROSSROADS SYSTEMS, INC.,
`
`
`
`
`
`
`Plaintiff,
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`
`
`
`
`
`
`
`
`
`v.
`
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`
`
`
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI ENTERPRISE USA INC.
`HUAWEI TECHNOLOGIES USA INC.
`
`
`
`
`
`Defendants.
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
` §
` §
` §
` §
` §
` §
` §
` §
` §
` §
` §
`
`PLAINTIFF CROSSROADS SYSTEMS, INC.’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
`
`
`
`CIVIL ACTION NO. 1:13-CV-1025
`
`JURY DEMANDED
`
`
`
`
`
`
`
`
`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 Huawei 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, 11th
`
`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.
`
`Oracle Ex. 1035, pg. 1
`
`
`
`
`
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`
`HUAWEI TECHNOLOGIES CO. LTD.,
`HUAWEI ENTERPRISE USA INC.
`HUAWEI TECHNOLOGIES USA INC.
`
`
`
`
`
`Defendants.
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
` §
` §
` §
` §
` §
` §
` §
` §
` §
` §
` §
`
`PLAINTIFF CROSSROADS SYSTEMS, INC.’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`THE PARTIES
`
`
`
`CIVIL ACTION NO. 1:13-CV-1025
`
`JURY DEMANDED
`
`
`
`
`
`
`
`
`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 Huawei 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, 11th
`
`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.
`
`Oracle Ex. 1035, pg. 1
`
`
`
`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.
`
`Oracle Ex. 1035, pg. 2
`
`
`
`9.
`
`On information and belief, Defendants have directly infringed the ’035 Patent.
`
`On information and belief, Defendant continues to directly infringe the ’035 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 VIS6600T 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
`
`Oracle Ex. 1035, pg. 3
`
`
`
`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, 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.
`
`14.
`
`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 ’035 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 “’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 assignee and the owner of all right, title, and interest in and to the ’041
`
`Patent. The ’041 Patent is entitled to a presumption of validity.
`
`Oracle Ex. 1035, pg. 4
`
`
`
`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 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, 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
`
`Oracle Ex. 1035, pg. 5
`
`
`
`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 ’041 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
`
`willful and deliberate.
`
`23.
`
`Crossroads has been irreparably harmed by Defendants’ acts of infringement of
`
`the ’041 Patent, and will continue to be harmed 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 ’041 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 NO. 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.
`
`Oracle Ex. 1035, pg. 6
`
`
`
`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 S5800T Storage Systems, OceanStor S6800T Storage
`
`Systems, OceanStor VIS6600T Storage Systems, and Defendants knew that these actions were
`
`inducing end users to infringe the ’147 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.
`
`Oracle Ex. 1035, pg. 7
`
`
`
`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.
`
`C.
`
`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;
`
`D.
`
`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;
`
`E.
`
`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;
`
`F.
`
`G.
`
`Oracle Ex. 1035, pg. 8
`
`
`
`H.
`
`That Defendants account for and pay to Crossroads all damages caused by
`
`the infringement of the ’041 Patent;
`
`I.
`
`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;
`
`J.
`
`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
`
`K.
`
`L.
`
`M.
`
`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;
`
`N.
`
`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;
`
`O.
`
`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;
`
`P.
`
`That Defendants pay Crossroads all of Crossroads’ reasonable attorneys’
`
`fees and expenses;
`
`Q.
`
`That costs be awarded to Crossroads;
`
`Oracle Ex. 1035, pg. 9
`
`
`
`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;
`
`S.
`
`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 ’041 Patent;
`
`T.
`
`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
`
`U.
`
`V.
`
`deem just and proper under the circumstances.
`
`DEMAND FOR JURY TRIAL
`
`Crossroads hereby demands a trial by jury on all issues.
`
`Oracle Ex. 1035, pg. 10
`
`
`
`Dated: November 26, 2013
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`By: /s/ Steven Sprinkle
` Steven Sprinkle
` Texas Bar No. 00794962
` Elizabeth J. Brown Fore
` Texas Bar No. 24001795
` Sprinkle IP Law Group, PC
` 1301 W. 25th Street, Suite 408
` Austin, Texas 78705
` Tel: 512-637-9220
` Fax: 512-371-9088
` ssprinkle@sprinklelaw.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
`sknoll@counselip.com
`rwong@counselip.com
`jhall@counselip.com
`
`ATTORNEYS FOR PLAINTIFF
`CROSSROADS SYSTEMS, INC.
`
`Oracle Ex. 1035, pg. 11
`
`
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