1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`Case 2:16-cv-00480-JPD Document 1 Filed 04/04/16 Page 1 of 5
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WASHINGTON
`AT SEATTLE
`
`F5 NETWORKS, INC.,
`
`CASE NO. 2:16-cv-480
`
`v.
`
`RADWARE, INC.,
`
`Plaintiff,
`
`PLAINTIFF’S COMPLAINT FOR PATENT
`INFRINGEMENT
`
`JURY TRIAL DEMANDED
`
`Defendant.
`
`
`
`I.
`COMPLAINT
`Plaintiff F5 Networks (“F5”), for its Complaint, alleges as follows:
`
`II.
`PARTIES
`Plaintiff F5 Networks, Inc. (“F5”) is a Washington corporation with its principal
`
`1.
`
`place of business in Seattle, Washington. F5 is a leading developer of load balancers, application
`
`delivery controllers, and other networking techniques and devices.
`2.
`
`Defendant Radware, Inc. is a New Jersey corporation with its principal place of
`
`business in Mahwah, New Jersey. Radware is a competitor of F5, and, on information and
`
`belief, Radware sells, offers to sell and promotes its products, including infringing products,
`
`throughout the United States and within this district.
`
`COMPLAINT FOR PATENT INFRINGEMENT – 1
`
`127939597.2
`
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
`
`

`
`Case 2:16-cv-00480-JPD Document 1 Filed 04/04/16 Page 2 of 5
`
`
`
`III.
`JURISDICTION
`F5’s claims for patent infringement arise under the Patent Laws of the United
`
`3.
`
`States of America, Title 35, United States Code §§ 1, et seq. This Court has exclusive original
`
`jurisdiction over the patent claims under 28 U.S.C. §§ 1331 and 1338(a).
`4.
`
`Venue is proper in this judicial district under 28 U.S.C. §§ 1391(b), (c), and (d)
`
`and 28 U.S.C. § 1400(b).
`5.
`
`On information and belief, Radware is subject to personal jurisdiction in this
`
`district because it does business in the state of Washington and has, on information and belief,
`
`sold or offered for sale its infringing products in this state.
`
`IV.
`PATENT INFRINGEMENT
`F5 is the owner of the entire right, title, and interest in and to U.S. Patent No.
`
`6.
`
`6,311,278 (“the ’278 patent”), entitled “Method and System for Extracting Application Protocol
`
`Characteristics,” which was issued by the United States Patent and Trademark Office on October
`
`30, 2001. A copy of the ’278 patent is attached as Exhibit A hereto.
`7.
`
`The ’278 patent is generally directed to network communication security, and
`
`more particularly, to application security protocols.
`8.
`
`F5 is also owner of the entire right, title, and interest in and to U.S. Patent No.
`
`8,676,955 (“the ’955 patent”), entitled “Method and System for Managing Network Traffic,”
`
`which was issued by the United States Patent and Trademark Office on March 18, 2014. A copy
`
`of the ’955 Patent is attached as Exhibit B hereto.
`9.
`
`The ’955 patent is generally directed to creating persistence in network
`
`communications between a client and a server and a persistence key used to identify the
`
`appropriate server.
`10.
`
`F5 is the owner of the entire right, title, and interest in and to U.S. Patent No.
`
`7,472,413 (“the ’413 patent”), entitled “Security for WAP servers,” which was issued by the
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`COMPLAINT FOR PATENT INFRINGEMENT – 2
`
`127939597.2
`
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
`
`

`
`Case 2:16-cv-00480-JPD Document 1 Filed 04/04/16 Page 3 of 5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`United States Patent and Trademark Office on December 20, 2008. A copy of the ’413 patent is
`
`attached as Exhibit C hereto.
`11.
`
`The ’413 patent is generally directed to security and control of web applications
`
`processes.
`12.
`
`F5 has complied with the marking and notice provisions of 35 U.S.C. § 287 for
`
`the ’278, ’955, and ’413 patents.
`13.
`
`Radware, alone and in conjunction with others, has infringed and continues to
`
`infringe one or more claims of the ’278 patent, including claims 15, 25, and 26 by using, selling,
`
`offering to sell and importing systems, software, products and/or services, including but not
`
`limited to Radware’s “Alteon,” “Alteon NG” and “AppWall” products. On information and
`
`belief, Radware has also directly infringed claim 1 of the ’278 patent by practicing the method.
`
`On information and belief, Radware has also indirectly infringed claim 1 of the ’278 patent by
`
`inducing the practice of the claimed method by its customers through the sale of its products and
`
`provision of customer literature teaching how to practice the claim, with knowledge of the patent
`
`and with the specific intent to induce customers to practice the patented method. On information
`
`and belief, Radware has known of the ’278 Patent as a result of its monitoring of F5’s patent
`
`portfolio.
`14.
`
`Radware, alone and in conjunction with others, has infringed and continues to
`
`infringe one or more claims of the ’955 Patent, including at least claims 1 and 8 by using, selling,
`
`offering to sell and importing systems, software, products and/or services, including but not
`
`limited to Radware’s “Alteon” and “Alteon NG” products. On information and belief, Radware
`
`has also directly infringed claim 15 of the ’955 patent by practicing the method claimed. On
`
`information and belief, Radware has also indirectly infringed claim 15 of the ’955 patent by
`
`inducing and contributing to the practice of the claimed method by its customers, among others,
`
`through the sale of its products and provision of customer literature teaching how to practice the
`
`claim with knowledge of the patent and with the specific intent to induce customers to practice
`
`COMPLAINT FOR PATENT INFRINGEMENT – 3
`
`127939597.2
`
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
`
`

`
`Case 2:16-cv-00480-JPD Document 1 Filed 04/04/16 Page 4 of 5
`
`
`
`the patented method. On information and belief, Radware has known of the ’955 Patent as a
`
`result of its monitoring of F5’s patent portfolio.
`15.
`
`Radware, alone and in conjunction with others, has infringed and continues to
`
`infringe one or more claims of the ’413 Patent, including at least claim 16 by using, selling,
`
`offering to sell and importing systems, software, products and/or services, including but not
`
`limited to Radware’s “Alteon,” “Alteon NG” and “AppWall” products. On information and
`
`belief, Radware has also directly infringed claim 1 of the ’413 patent by practicing the method
`
`claimed. On information and belief, Radware has also indirectly infringed claim 1 of the ’413
`
`patent by inducing to the practice of the claimed method by its customers, among others, through
`
`the sale of its products and provision of customer literature teaching how to practice the claim
`
`with knowledge of the patent and with the specific intent to induce customers to practice the
`
`patented method. On information and belief, Radware has known of the ’413 Patent as a result
`
`of its monitoring of F5’s patent portfolio.
`16.
`
`Radware’s acts of infringement have caused damage to F5, and F5 is entitled to
`
`recover from Radware the damages sustained by F5 as a result of Radware’s wrongful acts in an
`
`amount subject to proof at trial.
`17.
`
`As a consequence of the infringement complained of herein, F5 has been
`
`irreparably damaged to an extent not yet determined and will continue to be irreparably damaged
`
`by such acts in the future.
`18.
`
`On information and belief, discovery will establish that Radware was aware of the
`
`’278 patent, the’955 patent, and the ’413 patent prior to the filing of this suit, and its
`
`infringement has been willful.
`
`V.
`REQUEST FOR RELIEF
`WHEREFORE, F5 asks this Court to enter judgment in F5’s favor and against Radware
`
`with the following relief:
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`COMPLAINT FOR PATENT INFRINGEMENT – 4
`
`127939597.2
`
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000
`
`

`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`Case 2:16-cv-00480-JPD Document 1 Filed 04/04/16 Page 5 of 5
`
`
`
`A.
`
`An order preliminarily and permanently enjoining Radware, and its respective
`
`officers, directors, shareholders, agents, servants, employees, attorneys, parents, subsidiaries and
`
`affiliates, their successors in interest and assigns, and all other entities and individuals acting in
`
`concert with it or on their behalf from infringing, directly or indirectly, F5’s patent rights,
`
`including the claims of the ’278 patent, the claims of the ’955 patent, and the claims of the ’413
`
`patent;
`B.
`
`Damages, including lost profits and/or a reasonable royalty, according to proof,
`
`for Radware’s infringement, both direct and indirect, together with pre-judgment and post-
`
`judgment interest, and that such damages be increased as provided by 35 U.S.C. § 284 or as
`
`otherwise provided by law;
`C.
`
`An award of F5’s reasonable attorneys’ fees and costs pursuant to 35 U.S.C.
`
`§ 285 or as otherwise permitted by law; and
`D.
`
`For such other and further relief as the Court may deem just and proper.
`
`VI.
`JURY DEMAND
`F5 hereby demands trial by jury on all issues.
`
`DATED: April 4, 2016.
`
`
`
`
`By: s/ Ramsey M. Al-Salam
`Ramsey M. Al-Salam #18822
`Christina J. McCullough #47147
`Nathaniel E. Durrance # 41627
`Lane M. Polozola, #50138
`Perkins Coie LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Telephone: 206.359.8000
`Facsimile: 206.359.9000
`Email: RAlsalam@perkinscoie.com
`
`CMcCullough@perkinscoie.com
`
`NDurrance@perkinscoie.com
`
`LPolozola@perkinscoie.com
`
`Attorneys for Plaintiff F5 Networks, Inc.
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT – 5
`
`127939597.2
`
`
`PERKINS COIE LLP
`1201 Third Avenue, Suite 4900
`Seattle, WA 98101-3099
`Phone: 206.359.8000
`Fax: 206.359.9000