Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 1 of 107 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`ALACRITECH, INC., a California corporation,
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`Plaintiff,
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`v.
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`DELL INC., a Delaware corporation,
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`Defendant.
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`
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`
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`Case No. 2:16-cv-695
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`Jury Trial Demanded
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`COMPLAINT FOR PATENT INFRINGEMENT
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`In this action for patent infringement under 35 U.S.C. § 271, Plaintiff Alacritech, Inc.
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`("Alacritech"), by and through its undersigned counsel, complains and alleges as follows against
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`Defendant Dell Inc. ("Dell"), based on Alacritech's own personal knowledge with respect to its
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`own actions and upon information and belief with respect to others' actions:
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`1.
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`Alacritech is a California corporation with its principal place of business at P.O.
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`THE PARTIES
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`Box 20307, San Jose, California 95160.
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`2.
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`Dell is a Delaware corporation with its principal place of business at One Dell
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`Way, Round Rock, Texas 78682.
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`NATURE OF THE ACTION
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`3.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1, et seq.
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`4.
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`Dell has infringed and continues to infringe, has contributed to and continues to
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`contribute to the infringement of, and has actively induced and continues to actively induce
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`others to infringe the following Alacritech patents: U.S. Patent Numbers 7,124,205; 7,237,036;
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`1
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`INTEL EX. 1416.001
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`7,337,241; 7,673,072; 7,945,699; 8,131,880; 8,805,948; and 9,055,104 (collectively, the
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`"Asserted Patents"). Alacritech is the legal owner by assignment of the Asserted Patents, which
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`were all duly and legally issued by the United States Patent and Trademark Office. Alacritech
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`seeks injunctive relief and monetary damages.
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`JURISDICTION AND VENUE
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`5.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. § 1, et seq., including § 271. This Court has subject matter jurisdiction
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`over this action under 28 U.S.C. §§ 1331 and 1338(a).
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`6.
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`This Court has personal jurisdiction over Dell because, among other reasons, Dell
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`regularly conducts business in Texas, including in this District, and Dell has committed and
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`continues to commit direct and indirect acts of patent infringement complained of herein within
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`this District and elsewhere in Texas and the United States. For example, Dell maintains its
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`global headquarters in Round Rock, Texas, and it maintains facilities in Austin, Texas that it uses
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`to build and/or provide a variety of products and services, including infringing products and
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`services complained of herein. In addition, Dell advertises, sells, and provides its products and
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`services, including infringing products and services complained of herein, directly to businesses
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`and consumers in this District. As such, Dell has purposefully availed itself of the privilege of
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`conducting business within this District, has established sufficient minimum contacts with this
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`District such that Dell should reasonably and fairly anticipate being haled into this Court, and has
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`purposefully directed activities at residents in this District, wherein at least a portion of the
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`claims alleged herein arise out of or are related to those activities.
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`7.
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`In addition, Dell has participated in well-over one hundred previous patent cases
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`in this District and has, through its subsidiary Dell USA L.P., availed itself of the jurisdiction of
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`INTEL EX. 1416.002
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`this Court by filing a complaint for patent infringement in this District (see, e.g., Dell USA L.P.
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`v. Lucent Technologies, Inc., No. 4:03-cv-00347-RAS).
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`8.
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`Venue is proper in this District under 28 U.S.C. §§ 1391(b)-(c) and 1400(b) at
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`least because, as discussed above, Dell is subject to personal jurisdiction in this District,
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`regularly conducts business in this District, and has committed and continues to commit direct
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`and indirect acts of patent infringement complained of herein within this District.
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`FACTUAL BACKGROUND
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`Alacritech's History
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`9.
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`Alacritech was founded in 1997 by technology pioneer Larry Boucher, the creator
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`and author of the original Small Computer System Interface ("SCSI") specification and a
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`visionary, award-winning leader in server adapter, storage and networking technologies.
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`10. Mr. Boucher has more than 50 years of experience in the industry. Following a
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`twelve-year tenure in IBM's Storage Division, he served as director of design services at Shugart
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`Associates, where he developed the Shugart Associates System Interface ("SASI") and then
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`SCSI, the industry standard for connecting storage and other peripherals to PCs and servers. In
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`1981, Mr. Boucher founded Adaptec, Inc., which became a global leader for host adapters and
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`other innovative storage solutions. After taking Adaptec public, Mr. Boucher founded Auspex
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`Systems, Inc., a manufacturer of enterprise servers, where he pioneered the networked file
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`system design that is the basis of today's network-attached storage ("NAS") model. In 1997, Mr.
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`Boucher founded Alacritech.
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`11.
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` Mr. Boucher and other innovators at Alacritech (including Peter Craft, Clive
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`Philbrick, Stephen Blightman, David Higgen, and Daryl Starr) foresaw the convergence of
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`storage and networking and, as a result, the enormous processing demands that would be placed
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`on host computer CPUs in order to move and store large quantities of data within a network,
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`3
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`INTEL EX. 1416.003
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`creating bottlenecks and reducing CPU processing power available for performing more
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`substantive computing tasks. To solve this impending problem, the Alacritech team pioneered a
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`series of fundamental network acceleration technologies, including but not limited to techniques
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`for streamlining, bypassing and/or offloading aspects of conventional network protocol
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`processing from host CPUs to "intelligent" network interface devices (sometimes called "NIDs").
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`These technologies are critical to modern network computing, dramatically increasing the speed
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`and efficiency with which data is transferred and stored, while reducing the associated
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`processing burden imposed on host CPUs.
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`12. Working with industry partners, Alacritech released a number of network and
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`storage products related to the technologies it developed. For example, Alacritech produced a
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`series of Scalable Network Accelerators (also referred to as TCP Offload Engine (TOE) Network
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`Interface Cards (TNICs)) and the ANX 1500, a sophisticated Network File System (NFS)
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`Throughput Acceleration Appliance for use with Network-Attached Storage (NAS) systems.
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`Alacritech's Asserted Patents
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`13.
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`Network computing is ubiquitous in contemporary society. It enables the
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`dissemination of information and digital content to people around the world, and it is a critical
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`component of the modern information economy. Many businesses have their own data centers
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`(made up of large numbers of networked servers) that they use for the remote storage,
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`management, processing, and/or distribution of their data. And a lucrative and rapidly-growing
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`industry has developed to provide cloud computing services, which essentially allow businesses
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`(and consumers) to offload their data to shared, third-party data centers.
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`14.
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`However, as growing volumes of data are moved across networks of increasing
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`complexity and bandwidth, more and more of the processing power of the servers (and/or other
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`INTEL EX. 1416.004
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`computers) in a network is consumed by simply moving and storing the data, greatly diminishing
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`the ability of the servers to perform other more substantive tasks. In addition, bottlenecks
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`develop when there is insufficient processing power available to transfer data, and the data
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`cannot be moved as quickly or efficiently as desired. The Alacritech team foresaw these
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`problems years ago and, to address them, they developed and patented a collection of innovative
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`network acceleration techniques that dramatically speed up the transfer and storage of data, and
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`decrease the corresponding processing demands on servers. Alacritech holds 71 United States
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`patents covering its groundbreaking inventions.
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`15.
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` Conventionally, computers connected over a network rely on a multi-layered
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`software architecture to transfer and store data. The architecture (also called a protocol stack) is
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`generally based on one or more specifications and/or protocols, such as TCP/IP (a protocol suite
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`including the Transmission Control Protocol ("TCP") and Internet Protocol ("IP")). Depending
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`on the specifications and/or protocols at issue, the architecture may include up to seven different
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`layers described by the Open Systems Interconnection (OSI) model (listed, in order, from highest
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`to lowest): the application layer, the presentation layer, the session layer, the transport layer, the
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`network layer, the data link layer, and the physical layer. Each software layer performs different
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`functions associated with transferring and storing data.
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`16.
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`In order to prepare data for transmission over a network, a sending computer must
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`process the data through each layer of the protocol stack (working from highest to lowest). At
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`each layer, the sending computer must perform further processing on the data resulting from
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`processing by the previous layer, such as preparing and attaching a new header containing
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`associated metadata. In the transport layer, the sending computer must also divide the data up
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`into units (e.g., packets) that are small enough to be transmitted over the network medium.
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`INTEL EX. 1416.005
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`Likewise, a receiving computer must process incoming data through each layer of the same
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`protocol stack (working from lowest to highest) before it can be used by host applications on the
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`receiving computer. At each layer, the receiving computer must perform further processing on
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`the data resulting from processing by the previous layer, such as removing and processing an
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`additional header and, in the transport layer, combining multiple units of data together in
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`memory. In both the sending and receiving operations, the computer may move and/or make a
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`new copy of the data each time another layer is processed.
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`17.
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`This conventional approach for transferring and storing data within a network,
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`while functional, is also slow and highly inefficient. Too much of the processing power of a
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`computer's CPU is wasted performing brute-force, layer-by-layer processing. Recognizing these
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`inefficiencies early on, the Alacritech team developed sophisticated solutions that greatly
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`improve upon the conventional approach. Central to these solutions is Alacritech's pioneering
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`use of dedicated NIDs to efficiently handle optimal portions of the processing associated with
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`sending, receiving, and storing data, particularly for complicated multi-layer protocol suites that
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`use variable-length units of data with multiple headers, such as TCP/IP.
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`18.
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`Others in the industry attempted solutions that involved offloading essentially all
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`processing associated with data communications to a NID, completely bypassing the host CPU,
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`but they were unable to develop effective solutions that were suitable for TCP/IP and other more
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`complicated protocol suites involving maintenance of state and variable-length data units with
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`multiple headers, situations in which it is important that the host CPU remains involved in the
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`processing. Still others in the industry attempted solutions involving offload of discrete TCP/IP
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`processing tasks to a NID, but they were only able to offload very limited tasks, such as
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`checksum processing, that did not significantly reduce the processing burden on the host CPU.
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`INTEL EX. 1416.006
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`19.
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`Only Alacritech solved the problem of how to efficiently offload large portions of
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`communications processing to NIDs implementing TCP/IP and other more complicated protocol
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`suites. By offloading processing tasks to a dedicated NID in accordance with the solutions
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`provided by the Asserted Patents, transfer of data between devices is accelerated and the host
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`CPUs retain dramatically more processing power to perform other more substantive tasks,
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`without sacrificing the flexibility and control necessary to implement a complicated protocol
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`suite such as TCP/IP. Some of the innovative solutions and techniques developed by Alacritech
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`and claimed by the Asserted Patents are discussed below.
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`20.
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`Some of the Asserted Patents provide solutions that increase efficiency of
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`network computing by using multiple paths to process received data, whereby an intelligent NID
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`uses criteria (e.g., provided by the host CPU) to determine whether incoming data should be
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`processed directly by the NID (e.g., using a "fast-path"), or whether it should be passed to and
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`processed by the host CPU in the conventional manner (e.g., using a "slow-path"). This
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`substantially reduces the burden on the host CPU, while retaining its flexibility and control for
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`handling exceptions and other complicated processing tasks. And, because the NID is
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`specifically designed to perform these operations (usually in hardware), it can perform them
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`more efficiently and more quickly than a host CPU.
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`21.
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`Alacritech also pioneered techniques that allow NIDs to transfer and store data
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`more quickly and efficiently. For example, some of the Asserted Patents provide solutions
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`through which NIDs transfer data to and from host memory associated with upper layer (e.g.,
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`application layer) software, without unit-by-unit lower-layer processing by the host CPU and
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`without excessive intermediate copying of data in a series of intermediate buffers and/or caches.
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`In this way, data can be transferred to the network or the host memory directly by the NID,
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`INTEL EX. 1416.007
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`without substantial processing by the host CPU or excessive intermediate copying, resulting in
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`much faster and more efficient transfer and storage of data.
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`22.
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`As another example, some of the Asserted Patents provide solutions for more
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`efficiently preparing and sending data over a network. For example, the NID uses information
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`(e.g., provided by the host CPU) to divide data up into smaller units for transmission, and to
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`generate and attach multiple lower-layer headers to the units of data. Moreover, it does so in
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`essentially a single operation, without the brute-force, layer-by-layer processing (and associated
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`copying) required to carry out the same tasks under the conventional approach described above.
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`These solutions greatly reduce processing by the host CPU associated with sending data, and
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`they allow the NID to prepare and transmit data more efficiently.
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`23.
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`Similarly, some of the Asserted Patents provide solutions for more efficiently
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`processing data received from a network. For example, the NID removes and processes the
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`lower-layer headers from related units of data, without the brute-force processing of those
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`headers required under the conventional approach described above. In addition, the NID may
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`combine processed data units into a single payload of data that it delivers to host memory. These
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`solutions greatly reduce processing by the host CPU associated with receiving and storing data,
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`and they allow the NID to receive and process data more efficiently.
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`24.
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`The Asserted Patents are a product of Alacritech's extensive research and
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`development, reflecting groundbreaking innovations that are found throughout modern networks,
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`especially large-scale and/or high-end networks such as those used in data centers.
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`25.
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`The technologies covered by Alacritech's Asserted Patents are critical to
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`fundamental network and/or storage acceleration techniques, including Large Segment Offload
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`("LSO") (also called Large Send Offload or Generic Segmentation Offload), Receive Side
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`INTEL EX. 1416.008
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`Coalescing ("RSC") (also called Receive Segment Coalescing, Large Receive Offload, or
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`Generic Receive Offload), and TCP Offload Engine ("TOE"). They are also essential to many
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`network and/or storage protocols that incorporate Remote Direct Memory Access ("RDMA"),
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`such as the InfiniBand protocol, the RDMA over Converged Ethernet ("RoCE") protocol, the
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`Internet Wide Area RDMA Protocol ("iWARP"), the Internet Small Computer System Interface
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`("iSCSI") Extensions for RDMA ("iSER") protocol, and the Server Message Block ("SMB")
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`Direct protocol.
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`26. Without the benefit of Alacritech's groundbreaking inventions, modern computing
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`networks (especially large-scale and/or high-performance networks) would be significantly
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`slower and less efficient (and, therefore, more expensive and less useful) than they are today.
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`Dell's Infringing Technologies
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`27.
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`Dell uses Alacritech's patented technologies across many different parts of its
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`business, including in the data centers that it builds, owns and/or operates, in the servers and
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`other network products that it makes, uses and/or sells, and in the associated consulting and
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`support services that it provides to its customers. Dell infringes the Asserted Patents directly,
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`and also induces and contributes to infringement of the Asserted Patents by its customers.
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`28.
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`Dell makes, uses, sells, and/or provides technical support for a variety of network
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`products that infringe the Asserted Patents, including servers (e.g., PowerEdge products), storage
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`devices (e.g., PowerVault products), network adapters, network controllers, and other network
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`interface devices, and converged products. See, e.g., "Servers, Storage and Networking,"
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`available at http://www.dell.com/us/business/p/enterprise-products.
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`29.
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`Dell also provides a large portfolio of network solutions and services, including
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`end-to-end Data Center and Cloud solutions. See, e.g., "Data Center Solutions and Services,"
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`INTEL EX. 1416.009
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`available at http://www.dell.com/en-us/work/learn/data-center; "Cloud Computing," available at
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`http://www.dell.com/en-us/work/learn/dell-cloud-computing. As a part of these services, Dell
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`designs, builds, maintains, hosts, and/or operates infringing data centers and other infringing
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`networking infrastructure for itself and its customers, often using the infringing network products
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`described above.
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`30.
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`A large and growing portion of Dell's revenue is tied to the infringing network
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`products and services described above. Without the benefit of Alacritech's patented
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`technologies, the infringing network products and services Dell provides would cost substantially
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`more and/or suffer a significant degradation in performance, hurting Dell's business as a result.
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`COUNT I
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`INFRINGEMENT OF U.S. PATENT NO. 7,124,205
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`31.
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`Alacritech re-alleges and incorporates by reference each of the allegations of the
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`paragraphs set forth above as though fully set forth herein.
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`32.
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`Alacritech is the current exclusive owner and assignee of all right, title, and
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`interest in and to U.S. Patent No. 7,124,205 (the "'205 patent"), titled "Network Interface Device
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`that Fast-Path Processes Solicited Session Layer Read Commands," duly and legally issued by
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`the United States Patent and Trademark Office on October 17, 2006, including the right to bring
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`this suit for injunctive relief and damages. A true and correct copy of the '205 patent is attached
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`hereto as Exhibit A.
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`33.
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`34.
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`The '205 patent is valid and enforceable.
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`Dell has directly infringed and is currently directly infringing the '205 patent by
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`making, using, selling, offering for sale, and/or importing into the United States, without
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`authority, products, methods, equipment, and/or services that practice one or more claims of the
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`'205 patent in connection with infringing RSC, InfiniBand and/or RoCE functionality, including
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`INTEL EX. 1416.010
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`but not limited to the Dell PowerEdge VRTX, PowerEdge T630 Tower Server, PowerEdge
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`T420, PowerEdge T320, PowerEdge R930 Rack Server, PowerEdge R920, PowerEdge R730xd
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`Rack Server, PowerEdge R730 Rack Server, PowerEdge R720XD, PowerEdge R720,
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`PowerEdge R630 Rack Server, PowerEdge R620 Rack Server, PowerEdge R520, PowerEdge
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`R420XR, PowerEdge R420, PowerEdge R330 Rack Server, PowerEdge R220 Rack Server,
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`PowerEdge M830 Blade Server, PowerEdge M630 Blade Server, PowerEdge M620, PowerEdge
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`M520, PowerEdge M420, PowerEdge C8220x Server, PowerEdge C8220 Server, PowerEdge
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`C6220 Server, PowerEdge C6220 II Server, PowerEdge C6320 Rack Server, XC Web-Scale
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`Converged Appliance XC730xd-24, Dell XC Web-Scale Converged Appliance XC730xd-12,
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`XC Web-Scale Converged Appliance XC730-16G, XC Web-Scale Converged Appliance
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`XC6320-6, XC Web-Scale Converged Appliance XC630-10, Dell Storage with Microsoft
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`Storage Spaces (DSMS), Compellent FS8600; PowerEdge R530 Rack Server, PowerEdge M915,
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`PowerEdge M910, PowerEdge M905, PowerEdge M805, PowerEdge M710HD, PowerEdge
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`M710, PowerEdge M610x, PowerEdge M610, PowerEdge M605, PowerEdge C6145 Server,
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`PowerEdge C6105 Server, PowerEdge C6100 Server, PowerEdge C2100 Server, and PowerEdge
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`C1100 Server; the QLogic 57840S-k quad port 10GbE blade KR NDC, 57840S quad port 10G
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`SFP+ rack NDC, 57810S dual-port 10GbE SFP+ converged network adapter, 57810S dual-port
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`10GbE KR blade converged mezzanine card, 57810S dual-port 10GbE blade converged NDC,
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`57810S Dual-port 10GbE BASE-T converged network adapter, 57800S quad-port SFP+/ BASE-
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`T (2x10GbE + 2x1GbE) rack converged NDC, and 57800S quad-port BASE-T (2x10GbE +
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`2x1GbE) rack converged NDC; the Intel Ethernet Network Daughter Card X520-DA2 /1350-T2,
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`Ethernet Network Daughter Card 10G X520 KR, Ethernet Mezzanine Adapter X520-DA2 SFP+,
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`Ethernet Mezzanine Adapter I350-T4, Ethernet Converge Network Adapter X520-DA2 SFP+,
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`and i350 Adapter; the Mellanox ConnectX-3 VPI Network Adapter, ConnectX-3 VPI FDR
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`40/56Gb/s, ConnectX-3 EN, 40GbE Network Adapter, and 10GbE Network Adapter; the
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`Emulex 10Gb Ethernet Rack Select Network Daughter Card (Non-CNA) OCm14104-N1-D,
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`10Gb Ethernet Rack Select Converged Network Daughter Card CNA OCm14104-UX-D, 10Gb
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`Ethernet Rack Select Converged Network Daughter Card CNA OCm14104-U1-D, 10Gb
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`Ethernet PCIe Network Adapter (Non-CNA) OCe14102-N1-D, 10Gb Ethernet PCIe Converged
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`Network Adapter (CNA) OCe14102-UX-D (12G), 10Gb Ethernet PCIe Converged Network
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`Adapter (CNA) OCe14102-U1-D (13G), 10Gb Ethernet Mezz KR Network Adapter (Non-CNA)
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`OCm14102-N5-D, 10Gb Ethernet Mezz KR Converged Network Adapter CNA OCm14102-U5-
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`D (13G), 10Gb Ethernet Mezz KR Converged Network Adapter CNA OCm14102-U3-D (12G),
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`10Gb Ethernet Blade Select Network Daughter Card (Non-CNA) OCm14102-N6-D, 10Gb
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`Ethernet Blade Select Converged Network Daughter Card CNA OCm14102-U4-D, and 10Gb
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`Ethernet Blade Select Converged Network Daughter Card CNA OCm14102-U2-D; any other
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`activities, products and/or services involving the products identified above; and any other
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`activities, products and/or services that practice and/or support similarly infringing RSC,
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`InfiniBand and/or RoCE functionality (collectively, "the '205 Accused Products"). The '205
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`Accused Products are non-limiting examples that were identified based on publicly available
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`information, and Alacritech reserves the right to identify additional infringing activities, products
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`and services, including, for example, on the basis of information obtained during discovery.
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`35.
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`As just one non-limiting example, set forth below (with claim language in italics)
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`is a description of Dell's infringement of exemplary claim 5 (including claim 1, upon which
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`claim 5 depends) of the '205 patent in connection with the Dell PowerEdge C6320 Rack Server.
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`This description is based on publicly available information. Alacritech reserves the right to
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`modify this description, including, for example, on the basis of information about the '205
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`Accused Products that it obtains during discovery.
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`1(a) An apparatus comprising: a host computer having a protocol stack and a destination
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`memory, the protocol stack including a session layer portion, the session layer portion being for
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`processing a session layer protocol; – Dell makes, uses, sells, offers for sale, and/or imports
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`servers, network interface devices (e.g., controllers and cards), and other network products that
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`support infringing RSC functionality. As an example, Dell sells the PowerEdge C6320 Rack
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`Server (the "C6320 Server"). See, e.g., "Dell PowerEdge C6320 Rack Server Spec Sheet,"
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`available
`
`at http://i.dell.com/sites/doccontent/shared-content/data-sheets/en/Documents/Dell-
`
`PowerEdge-C6320-Spec-Sheet.pdf ("PowerEdge C6320 Spec Sheet"). The C6320 Server
`
`comprises a host computer that has destination memory and a protocol stack (e.g., of the server's
`
`Microsoft Windows or Linux operating system) including a session layer portion for processing
`
`a session layer protocol, such as iSCSI. See, e.g., PowerEdge C6320 Spec Sheet; "Introduction
`
`of
`
`iSCSI
`
`Target
`
`in
`
`Windows
`
`Server
`
`2012"
`
`available
`
`at
`
`https://blogs.technet.microsoft.com/filecab/2012/05/21/introduction-of-iscsi-target-in-windows-
`
`server-2012. Microsoft describes how using a network interface device supporting infringing
`
`RSC functionality reduces processing overhead of the protocol stack on a server (such as the
`
`C6320 Server) running the Microsoft Windows Server Operating System, which enables RSC by
`
`default. See, e.g., "Receive Segment Coalescing," available at https://technet.microsoft.com/en-
`
`us/library/hh997024.aspx.
`
`
`
`13
`
`INTEL EX. 1416.013
`
`

`

`Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 14 of 107 PageID #: 14
`
`
`
`1(b) and a network interface device coupled to the host computer, – The C6320 Server
`
`includes a network interface device comprising an Intel 82599 10GbE controller (the "82599
`
`Controller") that is coupled to the host computer. See, e.g., PowerEdge C6320 Spec Sheet. The
`
`82599 Controller provides for "[a]dvanced unified networking capabilities, including support for
`
`. . . iSCSI acceleration." "The controller accelerates iSCSI traffic by implementing key stateless
`
`offloads such as . . . Receive Side Coalescing (RSC)." See, e.g., "Intel 82599 10 Gigabit
`
`Ethernet Controller
`
`Product Brief"
`
`("82599
`
`Product Brief"),
`
`available
`
`at
`
`http://www.intel.com/content/www/us/en/embedded/products/networking/82599-10-gbe-
`
`controller-brief.html. An introduction to the 82599 Controller's RSC functionality is provided in
`
`Section 1.4.4.1 of the "Intel 82599 10 GbE Controller Datasheet," Revision 3.3 (March 2016),
`
`available at http://www.intel.com/content/dam/www/public/us/en/documents/datasheets/82599-
`
`10-gbe-controller-datasheet.pdf (the "82599 Datasheet").
`
`1(c) the network interface device receiving from outside the apparatus a response to a
`
`solicited read command, the solicited read command being of the session layer protocol, – The
`
`
`
`
`
`14
`
`INTEL EX. 1416.014
`
`

`

`Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 15 of 107 PageID #: 15
`
`network interface device of a C6320 Server receives responses to solicited read commands of the
`
`session layer protocol issued by the C6320 Server over networks that are outside the apparatus.
`
`This is indicated, for example, in § 1.2.5 ("Network Interfaces") at 24-25 of the 82599 Datasheet.
`
`See, also, e.g., Internet Engineering Task Force (IETF), Request for Comments: 7143 "Internet
`
`Small Computer System Interface (iSCSI) Protocol (Consolidated)," available at http://www.rfc-
`
`base.org/txt/rfc-7143.txt, at Appendix A at 253 ("Read Operation Example").
`
`1(d) performing fast-path processing on the response such that a data portion of the
`
`response is placed into the destination memory without the protocol stack of the host computer
`
`performing any network layer processing or any transport layer processing on the response. – In
`
`connection with the RSC functionality discussed above, the network interface device of a C6320
`
`Server performs fast-path processing on a response such that a data portion of the response is
`
`placed into destination memory without the protocol stack of the C6320 Server performing any
`
`network layer processing or any transport layer processing on the response. This is described in
`
`Section 7.11 of the 82599 Datasheet, excerpts of which are provided below.
`
`***
`
`15
`
`
`
`
`
`INTEL EX. 1416.015
`
`

`

`Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 16 of 107 PageID #: 16
`
`***
`
`
`
`
`
`5. The apparatus of claim 1, wherein the protocol stack of the host computer can process
`
`a second response to a second solicited read command of the session layer protocol, the protocol
`
`stack processing the second response such that the protocol stack performs both network layer
`
`processing and transport layer processing on the response. – In connection with the RSC
`
`functionality discussed above, the C6320 Server can process a second response to a second
`
`
`
`16
`
`INTEL EX. 1416.016
`
`

`

`Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 17 of 107 PageID #: 17
`
`solicited read command of the session layer protocol (e.g., iSCSI protocol) such that the protocol
`
`stack of the C6320 Server performs both network layer and transport layer processing on the
`
`response. As described in Section 7.11.1 and shown in Figure 7-43 (and elsewhere) in the 82599
`
`Datasheet, if a response does not qualify for fast-path processing, it is sent to the host protocol
`
`stack for conventional processing.
`
`***
`
`
`
`
`
`36.
`
`37.
`
`Dell has also indirectly infringed and is indirectly infringing the '205 patent.
`
`As of no later than January 19, 2007, Dell has had actual knowledge of
`
`Alacritech's rights in the '205 patent and details of Dell's infringement of the '205 patent, which
`
`Dell disclosed to the U.S. Patent and Trademark Office in an Information Disclosure Statement
`
`during the prosecution of Dell's own Patent Application, 11/625,179. In addition, Dell has actual
`
`
`
`17
`
`INTEL EX. 1416.017
`
`

`

`Case 2:16-cv-00695-JRG Document 1 Filed 06/30/16 Page 18 of 107 PageID #: 18
`
`knowledge of Alacritech's rights in the '205 patent and details of Dell's infringement of the '205
`
`patent based on the filing and service of this Complaint.
`
`38.
`
`Dell makes, uses, imports, offers for sale, and/or sells the '205 Accused Products
`
`(including, for example, the products described above) with knowledge of or willful blindness to
`
`the fact that its actions will induce Dell's customers to infringe the '205 patent. Dell induces
`
`others to infringe the '205 patent in violation of 35 U.S.C. § 271 by encouraging and facilitating
`
`others to practice the '205 patent's inventions for accelerated network communications with
`
`intent that those performing the acts infringe the '205 patent. For example, Dell sells '205
`
`Accused Products that perform infringing RSC functionality by default, and '205 Accused
`
`Products that practice the InfiniBand and/or RoCE protocols. When Dell's customers use the
`
`'205 Accused Products for their intended purpose, they practice one or more claims of the '205
`
`patent. Dell advertises and instructs its customers how to set up the '205 Accused Products. In
`
`some cases, Dell even sets up the '205 Accused Products for its customers. Once they have been
`
`set u