`
`EXHIBIT
`EXHIBIT
`1008
`1008
`
`
`
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No.
`
`JURY TRIAL DEMANDED
`
`) )
`
`) )
`
`) )
`
`) )
`
`)
`
`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 infringementarising underthe 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 hasa 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 Lawsof 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
`
`Viptela, Inc. - Exhibit 1008
`Page 1
`
`
`
`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 purposefully availed
`
`itself of the privilege of conducting activities within this Judicial District.
`
`7. Venueis properin this Judicial District under 28 U.S.C. §§ 1391 and 1400(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 remediesfor infringement.
`
`COUNT I - INFRINGEMENTOF U.S. PATENT NO. 6,775,235
`
`11. The allegations set forth in the foregoing paragraphs 1
`
`through 10 are hereby
`
`realleged and incorporated herein by reference.
`
`12. Upon information andbelief, 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 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
`
`-2-
`
`Viptela, Inc. - Exhibit 1008
`Page 2
`
`Viptela, Inc. - Exhibit 1008
`Page 2
`
`
`
`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 packetthat 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 infringing products and services include, without limitation, Viptela’s
`
`SD-WANSystem and associated Secure Extensible Network Solution Componentsincluding, but
`
`not limited to, the vSmart Cloud-based SD-WANController, the vVManage Network Management
`
`System and vEdge Routers (“Accused Instrumentalities”).
`
`14. Asillustrated 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:
`
`-3-
`
`Viptela, Inc. - Exhibit 1008
`Page 3
`
`Viptela, Inc. - Exhibit 1008
`Page 3
`
`
`
`
` vManage i]
`i)
`
`vSmart Controllers
`Software on x86
`
` ee43—_3Edge Routers
`ATA-CENTERS
`AMPU
`
`See http://viptela.com/solutions/overview/.
`
`15. “Customers place Viptela’s hardware appliance, the vEdgerouter, at each end point
`
`that needs connectivity .... The appliance then merges these connections and applies customer
`
`policies to the traffic.” http://www.informationweek.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-WANController and the vVManage Network Management System. The
`
`“vSmart Cloud-based SDN-WANController is the brain of the Viptela solution and centrally
`
`manages routing, policy, security, segmentation, and authentication of all devices on the overlay
`
`network.” http://viptela.com/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.” Jd. 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
`
`-4-
`
`Viptela, Inc. - Exhibit 1008
`Page 4
`
`Viptela, Inc. - Exhibit 1008
`Page 4
`
`
`
`Equal
`
`Cost
`
`Multipath
`
`(ECMP)
`
`operating
`
`on different
`
`transports.”
`
`http://viptela.com/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/LTEnetworks. See http://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:
`
`
`— Ce vEdge
`S\fe8 _@ia
`a ‘ 7 MPLS
`\
`DataCenterA
`Internet Xx\. vEdge
` Data Center B
`ee @_ixa
`
`Router
`
`IxChariot
`
`|
`
`ZTP & Viptela control
`
`Control and Policy
`Elements,
`Programmatic APIs
`
`-5-
`
`Viptela, Inc. - Exhibit 1008
`Page 5
`
`Viptela, Inc. - Exhibit 1008
`Page 5
`
`
`
`Protecting Critical Applications With SD-WAN
`
`aie Eyerses
`GEO/O
`
`GEO/1
`
`Jom
`
`
`— 12D amp O22
`
`ont)
`
`
`)
`
`= Internet service is impaired
`
`= Low priority traffic is automatically
`
`rerouted over MPLS, only if enough
`
`bandwidth is available
`
` aoa
`o3—=>= Pe
`Internet
`
`Voice CRM Blaheay
`
`Low Priority
`Apps
`
`vEdge
`11
`
`ser ail,
`eee
`Open Networking
`
`Viptela control
`Centralized Policy
`Copyright 2015 Open Metworking User Group. All Rights Reserved Confidential Not For Distribution
`
`http://opennetworkingusereroup.com/downloads/ONUG S2015 slides/SD-
`
`WAN%20Verification%:20Slides.pdf.
`
`18. Upon information and belief, Viptela contributorily infringes at least claim 5 of the
`
`”235 Patent becauseit 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 infringementof the ’235 Patent, and knowing the componentsare notastaple article
`
`or commodity of commercesuitable for substantial noninfringing use.
`
`19. Viptela’s infringement of the ’235 Patent is without consent of, authority of, or
`
`license from FatPipe.
`
`COUNTII - 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 andbelief, 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
`
`-6-
`
`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 ofalternate 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 throughthe site interface and sendsthe packet through the networkinterface that
`
`wasselected by the packet path selector.
`
`22. Viptela’s infringing products and services include, without limitation, Viptela’s
`
`SD-WANSystem and associated Secure Extensible Network Solution Componentsincluding, but
`
`not limited to, the vSmart Cloud-based SD-WAN Controller, the VManage Network Management
`
`System and vEdge Routers.
`
`23. Asillustrated on Viptela’s website, the Accused Instrumentalities are configured to
`
`select and transmit data amongdisparate parallel networks, including MPLS, Internet, and 4G/LTE
`
`networks:
`
`-7-
`
`Viptela, Inc. - Exhibit 1008
`Page 7
`
`Viptela, Inc. - Exhibit 1008
`Page 7
`
`
`
`
` vManage i]
`i)
`
`vSmart Controllers
`Software on x86
`
` ee43—_3Edge Routers
`ATA-CENTERS
`AMPU
`
`See http://viptela.com/solutions/overview/.
`
`24. “Customers place Viptela’s hardware appliance, the vEdgerouter, at each end point
`
`that needs connectivity .... The appliance then merges these connections and applies customer
`
`policies to the traffic.” http://www.informationweek.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-WANController and the VManage Network Management System.
`
`The “vSmart Cloud-based SDN-WANController is the brain of the Viptela solution and centrally
`
`manages routing, policy, security, segmentation, and authentication of all devices on the overlay
`
`network.” http://viptela.com/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.” Jd. 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
`
`-8-
`
`Viptela, Inc. - Exhibit 1008
`Page 8
`
`Viptela, Inc. - Exhibit 1008
`Page 8
`
`
`
`Equal
`
`Cost
`
`Multipath
`
`(ECMP)
`
`operating
`
`on different
`
`transports.”
`
`http://viptela.com/2015/05/viptela-software-defined-wan-sd-wan/.
`
`25. 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 ’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 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 http://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:
`
`
`— Ce vEdge
`S\fe8 _@ia
`a ‘ 7 MPLS
`\
`DataCenterA
`Internet Xx\. vEdge
` Data Center B
`ee @_ixa
`
`Router
`
`IxChariot
`
`|
`
`ZTP & Viptela control
`
`Control and Policy
`Elements,
`Programmatic APIs
`
`-9-
`
`Viptela, Inc. - Exhibit 1008
`Page 9
`
`Viptela, Inc. - Exhibit 1008
`Page 9
`
`
`
`Protecting Critical Applications With SD-WAN
`
`aie Eyerses
`GEO/O
`
`= Internet service is impaired
`
`GEO/1
`
`= Low priority traffic is automatically
`yoo)
`Jom
`
`22 pO rerouted over MPLS, only if enough
`Jal
`zeal )
`bandwidth is available
`
`
` 3
` s
`s
`es
`
`7
`Ez
`
`Voice 3 Apps
`c»Ta
`= fied
`paar
`Low Priority
`
`wedge aoa1
`
`High Priority
`
`
` Apps
`
`Sry gi,
`eee
`
`Viptela control
`Centralized Policy
`Copyright 2015 Open Metworking User Group. All Rights Reserved Confidential Not For Distribution
`
`http://opennetworkingusereroup.com/downloads/ONUG S2015 slides/SD-
`
`WAN%20Verification%:20Slides.pdf.
`
`27. Upon information and belief, Viptela contributorily infringes at least claim 1 of the
`
`’048 Patent becauseit 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 componentsare nota staple article
`
`or commodity of commercesuitable 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 requestsa trial by jury pursuant to Rule 38 of the Federal Rules of Civil
`
`Procedure.
`
`PRAYER FOR RELIEF
`
`FatPipe respectfully requests that the Court find in its favor and against Viptela, and
`
`that the Court grant FatPipe the followingrelief:
`
`-10-
`
`Viptela, Inc. - Exhibit 1008
`Page 10
`
`Viptela, Inc. - Exhibit 1008
`Page 10
`
`
`
`A. ajudgmentthat Viptela has infringed, 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 productor service that falls within the scope
`
`of the claims of the ’235 Patent and/or ’048 Patent, (ii) inducing others to infringe the ’235 Patent
`
`and/or ’048 Patent, or (111) engaging in any acts constituting contributory infringement of any
`
`claimsof the 235 Patent and/or ’048 Patent;
`
`C. ajudgmentandorder requiring Viptela to pay FatPipe its damages, costs, expenses,
`
`and pre-judgmentand post-judgmentinterest for Viptela’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 damagesas provided under 35 U.S.C. § 284;
`
`E. any andall otherrelief at law or in equity as the Court deemsjust and proper.
`
`Respectfully submitted,
`
`POTTER ANDERSON & CORROON LLP
`
`OF COUNSEL:
`
`By:
`
`Timothy J. Carroll
`Steven M. Lubezny
`PERKINS COIE LLP
`131 S. Dearborn Street
`Suite 1700
`Chicago, IL 60603
`Tel: 312-324-8400
`tcarroll@perkinscoie.com
`slubezny@perkinscoie.com
`
`Dated: March 22, 2016
`1219397 /43014
`
`_/s/David E. Moore
`David E. Moore (#3983)
`Bindu A. Palapura (#5370)
`Stephanie E. O’Byrne (#4446)
`Hercules Plaza, 6" Floor
`1313 N. Market Street
`Wilmington, DE 19801
`Tel: (302) 984-6000
`dmoore@potteranderson.com
`bpalapura@potteranderson.com
`sobyrne@potteranderson.com
`
`Attorneysfor PlaintiffFatPipe, Inc.
`
`-11-
`
`Viptela, Inc. - Exhibit 1008
`Page 11
`
`Viptela, Inc. - Exhibit 1008
`Page 11
`
`
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