PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`
`
`Case No.:
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`FINJAN, INC., a Delaware Corporation,
`
`
`WEBSENSE, INC., a Delaware Corporation,
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`Defendant.
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`
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`Plaintiff,
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`v.
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`
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`____________________________________________________________________________________
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
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`Symantec 1017
`IPR of U.S. Pat. No. 8,141,154
`
`000001
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`

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`
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Finjan, Inc. (“Finjan”) files this Complaint for Patent Infringement and Jury Demand
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`against Defendant Websense, Inc. (“Defendant” or “Websense”) and alleges as follows:
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`THE PARTIES
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`1.
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`Finjan is a Delaware corporation, with its corporate headquarters at 1313 N. Market
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`Street, Suite 5100, Wilmington, Delaware 19801. Finjan’s U.S. operating business was previously
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`headquartered at 2025 Gateway Place, San Jose, California 95110.
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`2.
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`Websense is a Delaware corporation, with its principal place of business at 10240
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`Sorrento Valley Road, San Diego, California 92121.
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`JURISDICTION AND VENUE
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`3.
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`This action arises under the Patent Act, 35 U.S.C. §§ 101 et seq. This Court has
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`original jurisdiction over this controversy pursuant to 28 U.S.C. §§ 1331 and 1338.
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`4.
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`5.
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`Venue is proper in this Court pursuant to 28 U.S.C. §§ 1391(b) and (c) and/or 1400(b).
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`This Court has personal jurisdiction over Defendant. Upon information and belief,
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`Defendant does business in this District and has, and continues to, infringe and/or induce the
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`infringement in this District. Defendant also markets its products primarily in and from this District.
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`In addition, the Court has personal jurisdiction over Defendant because it has established minimum
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`contacts with the forum and the exercise of jurisdiction would not offend traditional notions of fair
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`play and substantial justice.
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`INTRADISTRICT ASSIGNMENT
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`6.
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`Pursuant to Local Rule 3-2(c), Intellectual Property Actions are assigned on a district-
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`wide basis.
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`1
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
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`000002
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`FINJAN’S INNOVATIONS
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`7.
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`Finjan was founded in 1997 as a wholly-owned subsidiary of Finjan Software Ltd., an
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`Israeli corporation. Finjan was a pioneer in the developing proactive security technologies capable of
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`detecting previously unknown and emerging online security threats recognized today under the
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`umbrella of “malware.” These technologies protect networks and endpoints by identifying suspicious
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`patterns and behaviors of content delivered over the Internet. Finjan has been awarded, and continues
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`to prosecute, numerous patents in the United States and around the world resulting directly from
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`Finjan’s more than decade-long research and development efforts, supported by a dozen inventors.
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`8.
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`Finjan built and sold software, including APIs, and appliances for network security
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`using these patented technologies. These products and customers continue to be supported by
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`Finjan’s licensing partners. At its height, Finjan employed nearly 150 employees around the world
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`building and selling security products and operating the Malicious Code Research Center through
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`which it frequently published research regarding network security and current threats on the Internet.
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`Finjan’s pioneering approach to online security drew equity investments from two major software and
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`technology companies, the first in 2005, followed by the second in 2006. Through 2009, Finjan has
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`generated millions of dollars in product sales and related services and support revenues.
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`9.
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`Finjan’s founder and original investors are still involved with and invested in the
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`company today, as are a number of other key executives and advisors. Currently, Finjan is a
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`technology company applying its research, development, knowledge and experience with security
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`technologies to working with inventors, investing in and/or acquiring other technology companies,
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`investing in a variety of research organizations, and evaluating strategic partnerships with large
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`companies.
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`2
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
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`000003
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`10.
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`On June 6, 2006, U.S. Patent No. 7,058,822 (“the ‘822 Patent”), entitled MALICIOUS
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`MOBILE CODE RUNTIME MONITORING SYSTEM AND METHODS, was issued to Yigal
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`Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll and Shlomo Touboul. A true and correct
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`copy of the ‘822 Patent is attached to this Complaint as Exhibit A and is incorporated by reference
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`herein.
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`11.
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`All rights, title, and interest in the ‘822 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘822 Patent. Finjan has been the sole owner of the ‘822 Patent since its issuance.
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`12.
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`The ‘822 Patent is generally directed towards computer networks and more
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`particularly provides a system that protects devices connected to the Internet from undesirable
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`operations from web-based content. One of the ways this is accomplished is by determining whether
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`any part of such web-based content can be executed and then trapping such content and neutralizing
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`possible harmful effects using mobile protection code. Additionally, the system provides a way to
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`analyze such web-content to determine whether it can be executed.
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`13.
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`On January 12, 2010, U.S. Patent No. 7,647,633 (“the ‘633 Patent”), entitled
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`MALICIOUS MOBILE CODE RUNTIME MONITORING SYSTEM AND METHODS, was issued
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`to Yigal Mordechai Edery, Nimrod Itzhak Vered, David R. Kroll and Shlomo Touboul. A true and
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`correct copy of the ‘633 Patent is attached to this Complaint as Exhibit B and is incorporated by
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`reference herein.
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`14.
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`All rights, title, and interest in the ‘633 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘633 Patent. Finjan has been the sole owner of the ‘633 Patent since its issuance.
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`15.
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`The ‘633 Patent is generally directed towards computer networks, and more
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`particularly, provides a system that protects devices connected to the Internet from undesirable
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`operations from web-based content. One of the ways this is accomplished is by determining whether
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`3
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
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`000004
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`

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`any part of such web-based content can be executed and then trapping such content and neutralizing
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`possible harmful effects using mobile protection code.
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`16.
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`On July 17, 2012, U.S. Patent No. 8,225,408 (“the ‘408 Patent”), entitled METHOD
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`AND SYSTEM FOR ADAPTIVE RULE-BASED CONTENT SCANNERS, was issued to Moshe
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`Rubin, Moshe Matitya, Artem Melnick, Sholomo Touboul, Alexander Yermakov and Amit Shaked.
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`A true and correct copy of the ‘408 Patent is attached to this Complaint as Exhibit C and is
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`incorporated by reference herein.
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`17.
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`All rights, title, and interest in the ‘408 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘408 Patent. Finjan has been the sole owner of the ‘408 Patent since its issuance.
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`18.
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`The ‘408 Patent is generally directed towards a scanner for identifying potential
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`exploits within an incoming data stream. One way this is accomplished is to create a parse tree for
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`the incoming content and dynamically detecting combinations of nodes of the parse tree that indicate
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`potential exploits in the content.
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`19.
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`On March 20, 2012, U.S. Patent No. 8,141,154 (“the ‘154 Patent”), entitled SYSTEM
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`AND METHOD FOR INSPECTING DYNAMICALLY GENERATED EXECUTABLE CODE, was
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`issued to David Gruzman and Yuval Ben-Itzhak. A true and correct copy of the ‘154 Patent is
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`attached to this Complaint as Exhibit D and is incorporated by reference herein.
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`20.
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`All rights, title, and interest in the ‘154 Patent have been assigned to Finjan, who is the
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`sole owner of the ‘154 Patent. Finjan has been the sole owner of the ‘154 Patent since its issuance.
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`21.
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`The ‘154 Patent is generally directed towards a gateway computer protecting a client
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`computer from dynamically generated malicious content. One way this is accomplished is to use a
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`content processor to process a first function and invoke a second function if a security computer
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`indicates that it is safe to invoke the second function.
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`4
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
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`000005
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`

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`WEBSENSE
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`22. Websense makes, uses, sells, offers for sale, and/or imports into the United States and
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`this District its TRITON Products, Web Security Gateway Products, Data Security Products, the
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`CyberSecurity Intelligence (“CSI”) Service and the ThreatSeeker Network Service.
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`23. Websense’s TRITON Products include the software and appliances running TRITON
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`Enterprise, TRITON Security Gateway Anywhere and TRITON Security Gateway. See
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`http://www.websense.com/content/websense-triton-security-products.aspx (attached as Exhibit E).
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`24. Websense’s Web Security Gateway Products include the software and appliances
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`running Web Security Gateway, Web Security Gateway Anywhere, Cloud Web Security Gateway
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`and ACE in the Cloud. See http://www.websense.com/content/websense-web-security-products.aspx
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`(attached as Exhibit F).
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`25. Websense’s Data Security Products include the software and appliances running Data
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`Security Suite and Data Security Gateway. See http://www.websense.com/content/websense-data-
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`security-products.aspx (attached as Exhibit G).
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`26.
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`Shown below is a diagram of Websense’s products and services. See
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`WP_HoneyGrid_Computing.pdf at 5 (attached as Exhibit H):
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`5
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
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`27.
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`The TRITON Products, Web Security Gateway Products and CSI Service rely on the
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`Websense ThreatSeeker Network. The ThreatSeeker Network seeks out threats contained within
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`web, social media and email content and analyzes three to five billion requests per day. The TRITON
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`Products, Web Security Gateway Products, CSI Service and Websense ThreatSeeker Network utilizes
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`Websense’s Advanced Classification Engine (“ACE”) to detect malicious content. ACE and the
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`ThreatSeeker Network are maintained by Websense and the Websense Security Labs. See
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`http://www.websense.com/content/websense-triton-security-products.aspx (attached as Exhibit E);
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`http://www.websense.com/content/web-security-gateway-features.aspx (attached as Exhibit I);
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`datasheet-ace-in-the-cloud-en.pdf (attached as Exhibit J); datasheet-csi-en.pdf (attached as Exhibit
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`K); and http://www.websense.com/content/websense-threatseeker-network.aspx (attached as Exhibit
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`6
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
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`L). Showwn below is a diagram depicting techhnologies inn Websense’ss ACE. See
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`datasheet-acce-in-the-
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`cloud-en.pdf at 2 (atttached as Exxhibit J):
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`28.
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`ACE pprovides inliine contextuual defenses
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`for web, emmail, data andd mobile secuurity
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`
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`using anaalytics to creeate a compoosite risk scoore for downnloaded conttent and is thhe primary enngine for
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`all of Weebsense’s TRRITON Prodducts. ACE iincludes Reaal-Time Secuurity Classiffication (“RTTSC”) for
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`detectionn of exploit ccode and malicious browwser plugins,, JavaScript, ActiveX, shhell code, exxploit kits,
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`cross-sitee scripts andd incorporateed built-in paarsing, obfusscation detecction and de--obfuscationn. See
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`Websensse_ACE_77__WhitePaperr.pdf at 3-4 ((attached as
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`Exhibit M);
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` see also
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`ACE_Inssight_Samplle.pdf (attachhed as Exhibbit N), http:///www.webseense.com/coontent/webseense-
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`advancedd-classificatiion-engine.aaspx (attacheed as Exhibitt O).
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`29.
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`
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`CSI SService includes the ThreeatScope onlline sandboxx for detectinng potential mmalware.
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`The ThreeatScope moonitors all acttivity of poteential malwaare and docuuments all acctivity in a ddetailed
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`report inccluding the iinfection proocess, post-innfection actiivities includding networkk communic
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`ations,
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`system-leevel events aand processees and registrry changes aand file moddifications. TThreatScopee takes the
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`observedd behavior annd correlatess it with knowwn threats too provide infformation onn zero-day thhreats in
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`_________ _________________________________________________________________________________
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`7
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`COMPLAAINT FOR PPATENT INNFRINGEMMENT
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`CCASE NO.
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`1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8
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`real-time. See datasheet-csi-en.pdf (attached as Exhibit K); see also ThreatReport-Complete.pdf
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`(attached as Exhibit P).
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`30. Websense Data Security Products and TRITON Products detect unusual behavior in a
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`network such as small amounts of confidential data being sent over multiple communications
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`channels, or over an extended period of time. See www.websense.com/content/data-security-suite-
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`features.aspx (attached as Exhibit Q). Websense Data Security Products and TRITON Products
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`include cumulative incident memory that remembers a user’s breaches over time and creates incidents
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`when a threshold is met, as well as machine learning for establishing examples of content that a user
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`wants to protect. See v7.7 Release Notes for Websense® Data Security at 2-3 (attached as Exhibit
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`R).
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`31. Websense TRITON Products and Web Security Gateway Products can filter files
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`based on their true file type. The TRITON Products and Web Security Gateway Products utilize
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`content stripping to remove unwanted or potentially malicious content. See Triton_web_help.pdf at
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`pages 198-99, 282-83 and 286-87 (attached as Exhibit S).
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`WEBSENSE’S INFRINGEMENT OF FINJAN’S PATENTS
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`32.
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`Defendant has been and is now infringing the ‘822 Patent, the ‘633 Patent, the ‘408
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`Patent and the ‘154 Patent (collectively “the Patents-In-Suit”) in this judicial District, and elsewhere
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`in the United States by, among other things, making, using, importing, selling, and/or offering for sale
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`the claimed systems and methods on the Websense TRITON Products, Web Security Gateway
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`Products, Data Security Products, CSI Service, ThreatSeeker Network and products or services using
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`ACE.
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`33.
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`In addition to directly infringing the Patents-In-Suit pursuant to 35 U.S.C. § 271(a)
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`either literally or under the doctrine of equivalents, Defendant indirectly infringes the ‘822 Patent, the
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`8
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
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`‘633 Patent and the ‘408 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or
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`requiring others, including its users and developers, to perform all or some of the steps of method
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`claims of the ‘822 Patent, the ‘633 Patent and the ‘408 Patent, respectively, either literally or under
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`the doctrine of equivalents.
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`COUNT I
`(Direct Infringement of the ‘822 Patent pursuant to 35 U.S.C. § 271(a))
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`34.
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`Finjan repeats, realleges, and incorporates by reference, as if fully set forth herein, the
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`allegations of the preceding paragraphs, as set forth above.
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`35.
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`Defendant has infringed and continues to infringe one or more claims of the ‘822
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`Patent in violation of 35 U.S.C. § 271(a).
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`36.
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`Defendant’s infringement is based upon literal infringement or, in the alternative,
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`infringement under the doctrine of equivalents.
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`37.
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`Defendant’s acts of making, using, importing, selling, and/or offering for sale infringing
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`products and services have been without the permission, consent, authorization or license of Finjan.
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`38.
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`Defendant’s infringement includes, but is not limited to, the manufacture, use, sale,
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`importation and/or offer for sale of Defendant’s products and services, including but not limited to
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`Websense TRITON Products, Web Security Gateway Products, CSI Service and Websense products
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`and services using ACE or ThreatSeeker, which embody the patented invention of the ‘822 Patent.
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`39.
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`As a result of Defendant’s unlawful activities, Finjan has suffered and will continue to
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`suffer irreparable harm for which there is no adequate remedy at law. Accordingly, Finjan is entitled
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`to preliminary and/or permanent injunctive relief.
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`40.
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`Defendant’s infringement of the ‘822 Patent has injured and continues to injure Finjan
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`in an amount to be proven at trial.
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`9
`__________________________________________________________________________________
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`COMPLAINT FOR PATENT INFRINGEMENT
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
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`000010
`
`

`
`
`
`COUNT II
`(Indirect Infringement of the ‘822 Patent pursuant to 35 U.S.C. § 271(b))
`
`41.
`
`Finjan repeats, realleges, and incorporates by reference, as if fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`42.
`
`Defendant has induced and continues to induce infringement of at least claims 1, 2, 4,
`
`5, 6, 8, 16, 17, 18, 19, 23, and 24 of the ‘822 Patent under 35 U.S.C. § 271(b).
`
`43.
`
`In addition to directly infringing the ‘822 Patent, Defendant indirectly infringes the
`
`‘822 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others, including
`
`but not limited to its customers, users and developers, to perform all or some of the steps of the
`
`method claims, either literally or under the doctrine of equivalents, of the ‘822 Patent, where all the
`
`steps of the method claims are performed by either Websense or its customers, users or developers, or
`
`some combination thereof. Defendant knew or was willfully blind to the fact that it was inducing
`
`others, including customers, users and developers, to infringe by practicing, either themselves or in
`
`conjunction with Defendant, one or more method claims of the ‘822 Patent.
`
`44.
`
`Defendant knowingly and actively aided and abetted the direct infringement of the
`
`‘822 Patent by instructing and encouraging its customers, users and developers to use the Websense
`
`TRITON Products, Web Security Gateway Products, CSI Service and Websense products and
`
`services using ACE or ThreatSeeker. Such instructions and encouragement include, but are not
`
`limited to, advising third parties to use the Websense TRITON Products, Web Security Gateway
`
`Products, CSI Service and Websense products and services using ACE or ThreatSeeker in an
`
`infringing manner; providing a mechanism through which third parties may infringe the ‘822 Patent,
`
`specifically through the use of the Websense TRITON Products, Web Security Gateway Products,
`
`CSI Service and Websense products and services using ACE or ThreatSeeker, advertising and
`
`promoting the use of the Websense TRITON Products, Web Security Gateway Products, CSI Service
`
`10
`__________________________________________________________________________________
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
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`000011
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`

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`
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
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`and Websense products and services using ACE or ThreatSeeker in an infringing manner, and
`
`distributing guidelines and instructions to third parties on how to use the Websense TRITON
`
`Products, Web Security Gateway Products, CSI Service and Websense products and services using
`
`ACE or ThreatSeeker in an infringing manner.
`
`45. Websense regularly updates and maintains the Websense website
`
`(http://www.websense.com) and the Websense Support Center
`
`(http://www.websense.com/content/support.aspx), as well as the Websense ACE InsightTM and
`
`ThreatScopeTM Portals (see http://csi.websense.com/ and http://csi.websense.com/ThreatScope/Index)
`
`to provide demonstration, instruction, and technical assistance to users to help them use the Websense
`
`TRITON Products, Web Security Gateway Products, CSI Service and Websense products and
`
`services using ACE or ThreatSeeker, including:
`
`•
`
`Industry firsts make Websense® TRITONTM second to none (see e.g.,
`http://www.websense.com/content/TRITONseven7.aspx, attached as Exhibit T, states that
`“Websense TRITON solutions give you the best defense against advanced threats.”);
`
`• TRITON – Web Security Help: Websense® Web Security Solutions (see e.g.,
`triton_web_help.pdf at 17, attached as Exhibit S, describes how to use the TRITON product
`and that “[t]o learn to use Websense Web Security solutions and find answers to your
`questions, browse this guide …”);
`
`• Sample ACE InsightTM and ThreatScopeTM Reports (see e.g., ACE_Insight_Sample.pdf,
`attached as Exhibit N, and ThreatReport-Complete.pdf, attached as Exhibit P);
`
`• Websense® CyberSecurity IntelligenceTM Services Datasheet (see e.g., datasheet-csi-en.pdf,
`attached as Exhibit K, states that “[s]ecurity analysts say that in-house resources alone are not
`enough. Websense CyberSecurity Intelligence (CSI) services let your IT staff join forces with
`Websense Security LabsTM…”);
`
`• About Websense® Security Labs (see e.g.,
`http://securitylabs.websense.com/content/about.aspx, attached as Exhibit U, states that “[w]ith
`emerging threats changing their attack profiles at unprecedented rates, security professionals
`must wisely predict the future to provide today’s proactive solutions.”);
`
`• Security Overview: Websense® ACE (Advanced Classification Engine) (see e.g.,
`Websense_ACE_77_WhitePaper.pdf, attached as Exhibit M, states that “[w]ith the declining
`effectiveness of security solutions previously considered ‘core’, it is vital to consider what ACE
`
`11
`__________________________________________________________________________________
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`000012
`
`

`
`
`
`can offer through Websense web, email, data, and mobile security solutions, whether through
`appliance gateways or cloud security services or a hybrid deployment.”); and
`
`• The Websense® ThreatSeeker® Network: Leveraging Websense HoneyGrid Computing (see
`e.g., WP_HoneyGrid_Computing.pdf at 3, attached as Exhibit H, states when describing
`ThreatSeeker that “[s]ecurity teams have no choice but to find a reliable way to allow
`productive use of the Internet, while safeguarding essential enterprise information from loss or
`theft.”).
`
`46. Websense instructs users, including employees, to use and test the Websense TRITON
`
`Products, Web Security Gateway Products, CSI Service and Websense products and services using
`
`ACE or ThreatSeeker. For example, Websense provides a technical expert to assist users in
`
`installing, configuring, and troubleshooting Websense products. See
`
`http://www.websense.com/content/training-and-technical-certification.aspx (attached as Exhibit V).
`
`Websense maintains portals at www.MyWebsense.com, http://csi.websense.com/ and
`
`http://csi.websense.com/ThreatScope/Index that customers use to access updated patches and
`
`hotfixes, product news, evaluations and technical support resources. See
`
`http://www.websense.com/content/TechnicalSupportPrograms.aspx (attached as Exhibit W).
`
`47. Websense provides security solution providers, managed service providers and system
`
`integrators with the Websense Global Partner Program to encourage and expand use of the Websense
`
`TRITON Products, Web Security Gateway Products, CSI Service and Websense products and
`
`services using ACE or ThreatSeeker. The Websense Global Partner Program “offers a suite of
`
`benefits to enable business growth, including security industry expertise, tools and support to help
`
`increase sales and customer satisfaction.” See https://www.websense.com/content/websense-partner-
`
`programs.aspx (attached as Exhibit X). The Websense Global Partner Program also offers access to
`
`Websense expertise, discounts, sales and technical training and tools. Websense also offers the
`
`TRITON Security Alliance Program and the OEM Partner Program. See
`
`https://www.websense.com/content/websense-triton-security-alliance.aspx (attached as Exhibit Y).
`
`12
`__________________________________________________________________________________
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`28
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`
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`000013
`
`

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`
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`Websense utilizes indirect distributors and value-added resellers, which in North America includes
`
`Ingram Micro, Arrow Enterprise Computing Solutions and ComputerLinks, to distribute Websense
`
`products and provide credit facilities, marketing support and other services. See Websense Form 10-
`
`Q of March 31, 2013 at 16 (attached as Exhibit Z).
`
`48.
`
`Defendant has had knowledge of the ’822 Patent at least as of the time it learned of
`
`this action for infringement and, by continuing the actions described above, has had the specific intent
`
`to or was willfully blind to the fact that its actions would induce infringement of the ‘822 Patent. On
`
`information and belief, Websense also had prior knowledge of the ‘822 Patent because Defendant is
`
`involved in a lawsuit involving U.S. Patent No. 6,092,194 (“the ‘194 Patent”), also owned by Finjan,
`
`Inc., and which shares the inventor Shlomo Touboul with the ‘822 Patent. Furthermore, Websense
`
`had knowledge of the ‘822 Patent because the ‘822 Patent was cited as prior art during the
`
`prosecution of at least the following patents assigned to Websense, or a Websense foreign entity: U.S.
`
`Patent Nos. 8,015,174, 8,015,250, 8,020,209, 8,024,471, 8,135,831, 8,141,147, 8,150,817 and
`
`8,244,817.
`
`49. Websense actively and intentionally maintains its website to promote the Websense
`
`TRITON Products, Web Security Gateway Products, CSI Service and Websense products and
`
`services using ACE or ThreatSeeker and to encourage potential customers, users and developers to
`
`use the Websense TRITON Products, Web Security Gateway Products, CSI Service and Websense
`
`products and services using ACE or ThreatSeeker in the manner described by Finjan
`
`(http://www.websense.com/content/Home.aspx, http://www.websense.com/content/support.aspx,
`
`www.MyWebsense.com, http://csi.websense.com/ and http://csi.websense.com/ThreatScope/Index).
`
`50. Websense actively updates its websites, including Websense’s Support Center, to
`
`promote the Websense TRITON Products, Web Security Gateway Products, CSI Service and
`
`13
`__________________________________________________________________________________
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`1
`
`2
`
`3
`
`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
`
`000014
`
`

`
`
`
`Websense products and services using ACE or ThreatSeeker to encourage customers, users and
`
`developers to practice the methods taught in the ‘822 Patent
`
`(http://www.websense.com/content/Home.aspx, http://www.websense.com/content/support.aspx,
`
`www.MyWebsense.com, http://csi.websense.com/ and http://csi.websense.com/ThreatScope/Index).
`
`COUNT III
`(Direct Infringement of the ‘633 Patent pursuant to 35 U.S.C. § 271(a))
`
`51.
`
`Finjan repeats, realleges, and incorporates by reference, as if fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`52.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘633
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`53.
`
`Defendant’s infringement is based upon literal infringement or, in the alternative,
`
`infringement under the doctrine of equivalents.
`
`54.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale infringing
`
`products and services have been without the permission, consent, authorization or license of Finjan.
`
`55.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of Defendant’s products and services, including but not limited to
`
`Websense TRITON Products, Web Security Gateway Products, CSI Service and Websense products
`
`and services using ACE or ThreatSeeker, which embody the patented invention of the ‘633 Patent.
`
`56.
`
`As a result of Defendant’s unlawful activities, Finjan has suffered and will continue to
`
`suffer irreparable harm for which there is no adequate remedy at law. Accordingly, Finjan is entitled
`
`to preliminary and/or permanent injunctive relief.
`
`57.
`
`Defendant’s infringement of the ‘633 Patent has injured and continues to injure Finjan
`
`in an amount to be proven at trial.
`
`14
`__________________________________________________________________________________
`
`COMPLAINT FOR PATENT INFRINGEMENT
`CASE NO.
`
`1
`
`2
`
`3
`
`4
`
`5
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`6
`
`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`
`
`000015
`
`

`
`
`
`COUNT IV
`(Indirect Infringement of the ‘633 Patent pursuant to 35 U.S.C. § 271(b))
`
`58.
`
`Finjan repeats, realleges, and incorporates by reference, as if fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`59.
`
`Defendant has induced and continues to induce infringement of at least claims 1, 2, 3,
`
`4, 6, 7, 14, 15, 16, 17, 18, 19, 20, 28, 29, 30 and 31 of the ‘633 Patent under 35 U.S.C. § 271(b).
`
`60.
`
`In addition to directly infringing the ‘633 Patent, Defendant indirectly infringes the
`
`‘633 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others, including
`
`but not limited to its customers, users and developers, to perform all or some of the steps of the
`
`method claims, either literally or under the doctrine of equivalents, of the ‘633 Patent, where all the
`
`steps of the method claims are performed by either Websense or its customers, users or developers, or
`
`some combination thereof. Defendant knew or was willfully blind to the fact that it was inducing
`
`others, including customers, users and developers, to infringe by practicing, either themselves or in
`
`conjunction with Defendant, one or more method claims of the ‘633 Patent.
`
`61.
`
`Defendant knowingly and actively aided and abetted the direct infringement of the
`
`‘633 Patent by instructing and encouraging its customers, users and developers to use the Websense
`
`TRITON Products, Web Security Gateway Products, CSI Service and Websense products and
`
`services using ACE or ThreatSeeker. Such instructions and encouragement include, but are not
`
`limited to, advising third parties to use the Websense TRITON Products, Web Security Gateway
`
`Products, CSI Service a