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`EXHIBIT
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`EXHIBIT
`1008
`
`1008
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`
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`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
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`C.A. No.
`
`JURY TRIAL DEMANDED
`
`) )
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`FATPIPE, INC.,
`
`Plaintiff,
`
`V.
`
`VIPTELA, INC.,
`
`Defendant.
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff FatPipe, Inc. (“FatPipe” or “Plaintiff’), by and through its undersigned counsel,
`
`files this Complaint against Defendant Viptela, Inc. (“Viptela” or “Defendant”) as follows:
`
`NATURE OF THE ACTION
`
`1. This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. § 1 et seq.
`
`PARTIES
`
`2. FatPipe is a Utah company with a principal place of business at 4455 South 700
`
`East, Salt Lake City, Utah 84107.
`
`3. On information and belief, Viptela is a company incorporated under the laws of the
`
`State of Delaware and has a principal place of business at 1732 North First St., Suite 600, San
`
`Jose, California 95112.
`
`JURISDICTION AND VENUE
`
`4. This action arises under the Patent Laws of the United States, 35 U.S.C. § 1 et seq.,
`
`including 35 U.S.C. §§ 271, 281, 283, 284, and 285.
`
`5. This Court has subject matter jurisdiction over this case for patent infringement
`
`under 28 U.S.C. §§ 1331 and 1338(a).
`
`Viptela, Inc. - Exhibit 1008
`
`Page 1
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`Viptela, Inc. - Exhibit 1008
`Page 1
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`
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`6. This Court has personal jurisdiction over Viptela because, among other things,
`
`Viptela is incorporated under the laws of the State of Delaware and/or has purposefiilly availed
`
`itself of the privilege of conducting activities within this Judicial District.
`
`7. Venue is proper in this Judicial District under 28 U.S.C. §§ 1391 and l400(b).
`
`PATENTS
`
`8. On August 10, 2004, U.S. Patent Number 6,775,235, entitled “Tools and techniques
`
`for directing packets over disparate networks” (the “’235 Patent”) was duly and legally issued by
`
`the United States Patent and Trademark Office. A true and correct copy of the ’235 Patent is
`
`attached as Exhibit “A” to this Complaint.
`
`9. On July 29, 2008, U.S. Patent Number 7,406,048, entitled “Tools and techniques
`
`for directing packets over disparate networks” (the “’048 Patent”) was duly and legally issued by
`
`the United States Patent and Trademark Office. A true and correct copy of the ’048 Patent is
`
`attached as Exhibit “B” to this Complaint.
`
`10. FatPipe is the exclusive licensee of the ’235 Patent and ’048 Patent (collectively
`
`the “patents-in-suit”) with all substantial rights in the patents-in-suit, including the right to assert
`
`all causes of action arising under the patents-in-suit and the right to any remedies for infringement.
`
`COUNT I - INFRINGEMENT OF U.S. PATENT NO. 6 775 235
`
`ll. The allegations set forth in the foregoing paragraphs 1
`
`through 10 are hereby
`
`realleged and incorporated herein by reference.
`
`12. Upon infonnation and belief, in violation of 35 U.S.C. § 27l(a), Viptela has directly
`
`infringed and continues to directly infringe, literally or under the doctrine of equivalents, at least
`
`claim 5 of the ’235 Patent by making, using, offering for sale, selling, or importing devices or
`
`systems,
`
`in this judicial district and elsewhere in the United States (directly or through
`
`intermediaries), that, alone or in combination with other devices and/or systems, perform the steps
`
`Viptela, Inc. - Exhibit 1008
`
`Page 2
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`Viptela, Inc. - Exhibit 1008
`Page 2
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`
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`of (i) obtaining at least two known location address ranges that have associated networks; (ii)
`
`obtaining topology information that specifies associated networks, which provide, when working,
`
`connectivity between a current location and at least one destination location; (iii) receiving at the
`
`current location a packet that identifies a particular destination location by specifying a destination
`
`address for the destination location; (iv) determining whether the destination address lies within a
`
`known location address range;
`
`(V) selecting a network path from among paths to disparate
`
`associated networks, said networks being in parallel at the current location, each of said networks
`
`specified in the topology information as capable of providing connectivity between the current
`
`location and the destination location; and (vi) forwarding the packet on the selected network path.
`
`13. Viptela’s infiinging products and services include, without limitation, Viptela’s
`
`SD-WAN System and associated Secure Extensible Network Solution Components including, but
`
`not limited to, the vSmart Cloud-based SD-WAN Controller, the vManage Network Management
`
`System and vEdge Routers (“Accused Instrumentalities”).
`
`14. As illustrated on Viptela’s website, the Accused Instrumentalities are configured to
`
`select and transmit data among disparate parallel networks, including MPLS, Internet and 4G/LTE
`
`networks:
`
`Viptela, Inc. - Exhibit 1008
`
`Page 3
`
`Viptela, Inc. - Exhibit 1008
`Page 3
`
`
`
`See http://Viptela.con1/solutions/overview/.
`
`15. “Customers place Viptela’s hardware appliance, the vEdge router, at each end point
`
`that needs connectivity .
`
`.
`
`.
`
`. The appliance then merges these connections and applies customer
`
`policies to the traffic.” htI_:p://www.infonnationweek.com/interop/startup-profile-viptela-targets-
`
`wan-cost-complexity/a/d-id/1317794. The policies are configured, managed and applied using the
`
`vSmart Cloud-based SDN-WAN Controller and the VManage Network Management System. The
`
`“vSmart Cloud-based SDN-WAN Controller is the brain of the Viptela solution and centrally
`
`manages routing, policy, security, segmentation, and authentication of all devices on the overlay
`
`network.” ht_tp://Viptela.con1/solutions/overview/. The “VManage Network Management System
`
`(NMS) enables centralized configuration and management of the Viptela Secure Extensible
`
`Network solution and provides a real-time dashboard on the health of the network.” Id. Through
`
`these products and services, Viptela offers “any-to-any connectivity with features such as
`
`application aware routing, service chaining, virtual Demilitarized Zone (DMZ) and weighted
`
`Viptela, Inc. - Exhibit 1008
`
`Page 4
`
`Viptela, Inc. - Exhibit 1008
`Page 4
`
`
`
`Equal
`
`Cost
`
`Multipath
`
`(ECMP)
`
`operating
`
`on different
`
`transports.”
`
`ht_tp://viptela.corn/2015/05/viptela-software-defined-wan-sd-wan/.
`
`16. Upon information and belief, in violation of 35 U.S.C. § 271(b), Viptela has
`
`induced and continues to induce others (e.g., Viptela’s customers, distributors, partners and/or
`
`third parties) to infringe, literally or under the doctrine of equivalents, the ’235 Patent by providing
`
`instructions via its website, or through other documents that induce others to directly infringe at
`
`least claim 5 of the ’235 Patent.
`
`17. Viptela induces its customers to infringe the ’235 Patent by, for example and
`
`without limitation, actively promoting the use of the Accused Instrumentalities to perform the
`
`claimed systems and methods. As described above, Viptela’s website illustrates that its Secure
`
`Extensible Network Solution is to be configured to transmit data packets in parallel across MPLS,
`
`Internet and 4G/LTE networks. See ht_tp://Viptela.com/solutions/overview/. A presentation made
`
`by Viptela to the Open Network User Group similarly promotes the use of Viptela’s products and
`
`systems to transmit data packets in parallel across multiple network paths:
`
`
`
`Viptela, Inc. - Exhibit 1008
`
`Page 5
`
`Viptela, Inc. - Exhibit 1008
`Page 5
`
`
`
`
`
`hfip://opennetworkingusergroup.com/downloads/ONUG S2015 s1ides/SD-
`
`WAN%20Verification%20S1ides.pdfi
`
`18. Upon information and belief, Viptela contributorily infringes at least claim 5 of the
`
`’235 Patent because it sells, imports, or offers to sell components of infringing products, including,
`
`for example, components of the Accused Instrumentalities, that constitute a material part of the
`
`invention of the ’235 Patent, knowing the components to be especially made or especially adapted
`
`for use in an infringement of the ’235 Patent, and knowing the components are not a staple article
`
`or commodity of commerce suitable for substantial noninfringing use.
`
`19. Vipte1a’s infringement of the ’235 Patent is without consent of, authority of, or
`
`license from FatPipe.
`
`COUNT II - INFRINGEMENT OF U.S. PATENT NO. 7,406,048
`
`20. The allegations set forth in the foregoing paragraphs 1
`
`through 19 are hereby
`
`realleged and incorporated herein by reference.
`
`21. Upon information and belief, in violation of 35 U.S.C. § 271(a), Viptela has directly
`
`infringed and continues to directly infringe, literally or under the doctrine of equivalents, at least
`
`claim 1 of the ’048 Patent by making, using, offering for sale, selling, or importing devices or
`
`-5-
`
`Viptela, Inc. - Exhibit 1008
`
`Page 6
`
`Viptela, Inc. - Exhibit 1008
`Page 6
`
`
`
`systems,
`
`in this judicial district and elsewhere in the United States (directly or through
`
`intermediaries), that, alone or in combination with other devices and/or systems, provide a
`
`controller having (i) a site interface connecting the controller to a site; (ii) at least two network
`
`interfaces that send packets toward the disparate networks; and (iii) a packet path selector that
`
`selects between network interfaces, using at least two known location address ranges which are
`
`respectively associated with disparate networks, according to at least: a destination of the packet,
`
`an optional presence of alternate paths to that destination, and at least one specified criterion for
`
`selecting between alternate paths when such alternate paths are present; wherein the controller
`
`receives a packet through the site interface and sends the packet through the network interface that
`
`was selected by the packet path selector.
`
`22. Viptela’s infringing products and services include, without limitation, Viptela’s
`
`SD-WAN System and associated Secure Extensible Network Solution Components including, but
`
`not limited to, the vSmart Cloud-based SD-WAN Controller, the vManage Network Management
`
`System and vEdge Routers.
`
`23. As illustrated on Viptela’s website, the Accused Instrumentalities are configured to
`
`select and transmit data among disparate parallel networks, including MPLS, Internet, and 4G/LTE
`
`networks:
`
`Viptela, Inc. - Exhibit 1008
`
`Page 7
`
`Viptela, Inc. - Exhibit 1008
`Page 7
`
`
`
`See http://Viptela.con1/solutions/overview/.
`
`24. “Customers place Viptela’s hardware appliance, the vEdge router, at each end point
`
`that needs connectivity .
`
`.
`
`.
`
`. The appliance then merges these connections and applies customer
`
`policies to the traffic.” htI_:p://www.infonnationweek.com/interop/startup-profile-viptela-targets-
`
`wan-cost-complexity/a/d-id/ 1317794. The policies are configured, managed, and applied using
`
`the vSmart Cloud-based SDN-WAN Controller and the vManage Network Management System.
`
`The “vSmart Cloud-based SDN-WAN Controller is the brain of the Viptela solution and centrally
`
`manages routing, policy, security, segmentation, and authentication of all devices on the overlay
`
`network.” ht_tp://Viptela.con1/solutions/overview/. The “vManage Network Management System
`
`(NMS) enables centralized configuration and management of the Viptela Secure Extensible
`
`Network solution and provides a real-time dashboard on the health of the network.” Id. Through
`
`these products and services, Viptela offers “any-to-any connectivity with features such as
`
`application aware routing, service chaining, virtual Demilitarized Zone (DMZ), and weighted
`
`Viptela, Inc. - Exhibit 1008
`
`Page 8
`
`Viptela, Inc. - Exhibit 1008
`Page 8
`
`
`
`Equal
`
`Cost
`
`Multipath
`
`(ECMP)
`
`operating
`
`on different
`
`transports.”
`
`ht_tp://viptela.corn/2015/05/viptela-software-defined-wan-sd-wan/.
`
`25. Upon information and belief, in violation of 35 U.S.C. § 27l(b), Viptela has
`
`induced and continues to induce others (e.g., Viptela’s customers, distributors, partners, and/or
`
`third parties) to infringe, literally or under the doctrine of equivalents, the ’048 Patent by providing
`
`instructions via its website or through other documents that induce others to directly infringe at
`
`least claim 1 of the ’048 Patent.
`
`26. Viptela induces its customers to infringe the ’048 Patent by, for example and
`
`without limitation, actively promoting the use of the Accused Instrurnentalities to perform the
`
`claimed systems and methods. As described above, Viptela’s website illustrates that its Secure
`
`Extensible Network Solution is to be configured to transmit data packets in parallel across MPLS,
`
`Internet, and 4G/LTE networks. See ht_tp://Viptela.com/solutions/overview/. A presentation made
`
`by Viptela to the Open Network User Group similarly promotes the use of Viptela’s products and
`
`systems to transmit data packets in parallel across multiple network paths:
`
`
`
`Viptela, Inc. - Exhibit 1008
`
`Page 9
`
`Viptela, Inc. - Exhibit 1008
`Page 9
`
`
`
`
`
`hfip://opennetworkingusergroup.com/downloads/ONUG S2015 s1ides/SD-
`
`WAN%20Verification%20Slides.pdf
`
`27. Upon information and belief, Viptela contributorily infringes at least claim 1 of the
`
`’048 Patent because it sells, imports, or offers to sell components of infringing products, including,
`
`for example, components of the Accused Instrumentalities, that constitute a material part of the
`
`invention of the ’048 Patent, knowing the components to be especially made or especially adapted
`
`for use in an infringement of the ’048 Patent and knowing the components are not a staple article
`
`or commodity of commerce suitable for substantial noninfringing use.
`
`28. Viptela’s infringement of the ’048 Patent is without consent of, authority of, or
`
`license from FatPipe.
`
`JURY DEMAND
`
`FatPipe hereby requests a trial by jury pursuant to Rule 38 of the Federal Rules of Civil
`
`Procedure.
`
`PRAYER FOR RELIEF
`
`FatPipe respectfillly requests that the Court find in its favor and against Viptela, and
`
`that the Court grant FatPipe the following relief:
`
`-10-
`
`Viptela, Inc. - Exhibit 1008
`
`Page 10
`
`Viptela, Inc. - Exhibit 1008
`Page 10
`
`
`
`A. a judgment that Viptela has infiinged, directly or indirectly, the ’235 Patent and/or
`
`’048 Patent;
`
`B.
`
`injunctive relief enjoining Viptela, its officers, agents, servants, employees and
`
`attorneys, and all other persons in active concert or participation with it from (i) making, using,
`
`selling, offering to sell, importing, and/or exporting a product or service that falls within the scope
`
`of the claims of the ’235 Patent and/or ’048 Patent, (ii) inducing others to infi‘inge the ’235 Patent
`
`and/or ’048 Patent, or (iii) engaging in any acts constituting contributory infringement of any
`
`claims of the ’235 Patent and/or ’048 Patent;
`
`C. a judgment and order requiring Viptela to pay FatPipe its damages, costs, expenses,
`
`and pre-judgrnent and post-judgment interest for Vipte1a’s infringement of the ’235 Patent and/or
`
`’048 Patent as provided under 35 U.S.C. § 284;
`
`D. an award to FatPipe for enhanced damages as provided under 35 U.S.C. § 284;
`
`E. any and all other relief at law or in equity as the Court deems just and proper.
`
`Respectfully submitted,
`
`POTTER ANDERSON & CORROON LLP
`
`OF COUNSEL:
`
`By:
`
`Timothy J. Carroll
`Steven M. Lubezny
`PERKINS COIE LLP
`131 S. Dearbom Street
`
`Suite 1700
`
`Chicago, IL 60603
`Tel: 312-324-8400
`
`tcarroll@perkinscoie.com
`slubezn
`erkinscoie.com
`
`Dated: March 22, 2016
`1219397 /43214
`
`/s/David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Hercules Plaza, 6”‘ Floor
`13 13 N. Market Street
`
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@,potteranderson.com
`b ala ura
`otteranderson.com
`
`sobme@potteranderson.com
`
`Attorneysfor PlaintzflFatPipe, Inc.
`
`-11-
`
`Viptela, Inc. - Exhibit 1008
`
`Page 11
`
`Viptela, Inc. - Exhibit 1008
`Page 11
`
`
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