Pro Hac Vice To Be Filed
`Pro Hac Vice To Be Filed
`Pro Hac Vice To Be Filed
`
`Pro Hac Vice To Be Filed
`Pro Hac Vice To Be Filed
`Pro Hac Vice To Be Filed
`
`Juniper Exhibit 1097
`Juniper Networks, Inc. v. Packet Intelligence LLC
`Page 00001
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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 2 of 18
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`1
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`2
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`PACKET INTELLIGENCE LLC (“Packet Intelligence” and “Plaintiff” herein) by and
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`through its undersigned attorneys hereby demands a jury trial and alleges the following in support
`
`L») of its Complaint for patent
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`infringement against Defendant JUNIPER NETWORKS,
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`INC.
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`4
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`5
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`\DOO\10\
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`(“Juniper” and “Defendant” herein).
`
`I. THE PARTIES
`
`1.
`
`Packet Intelligence LLC is a limited liability company existing under the laws of
`
`Texas since June 2012. Plaintiff maintains its principal place of business at 705B Mulberry Ave,
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`Celebration, FL 34747.
`
`2.
`
`Upon information and belief, Juniper Networks, Inc. is a Delaware Corporation, with
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`10
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`a principal place of business at 1133 Innovation Way, Sunnyvale, CA 94089. Defendant may be
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`served with process through its Registered Agent, CT Corporation System located at 818 Seventh
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`12 Street, Suite 930, Los Angeles, CA 90017.
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`13
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`14
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`II. JURISDICTION AND VENUE
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`3.
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`This is an action for infringement of several United States Patents. Federal question
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`15
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`jurisdiction is conferred to this Court over such action under 28 U.S.C. §§ 1331 and 1338(a).
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`16
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`4.
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`Defendant has sufficient minimum contacts with the Northern District of California
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`17
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`such that this venue is fair and reasonable. Defendant has committed such purposeful acts and/or
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`18
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`transactions in this District that it reasonably should know and expect that it could be hailed into
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`19
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`this Court as a consequence of such activities. Defendant has transacted and, at the time of the filing
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`20 of this Complaint, continues to transact business within the Northern District of California.
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`21
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`5.
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`Further, Defendant makes or sells products that are and have been used, offered for
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`22
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`sale, sold, and/or purchased in the Northern District of California. Defendant directly and/or through
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`23
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`its distribution network, places infringing products or systems within the stream of commerce, which
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`24
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`stream is directed at this District, with the knowledge and/or understanding that those products will
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`25
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`be sold and/0r used in the Northern District of California.
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`26
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`6.
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`For these reasons, personal jurisdiction exists and venue is proper in this Court under
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`27 28 U.S.C. §§ 1391(b) and (c) and 28 U.S.C. § 1400(b), respectively.
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`28
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`2697.001/1426122.1
`2
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 00002
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`Page 00002
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`

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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 3 of 18
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`III. THE PATENTS-IN—SUIT
`
`7.
`
`The patents-in—suit are early pioneer patents in the field of network traffic processing
`
`and monitoring. Each of the asserted patents claim priority to provisional U.S. Patent Application
`
`No. 60/141,903 entitled “Method and Apparatus for Monitoring Traffic in a Network,” filed in the
`
`United States Patent and Trademark Office on June 30, 1999.
`
`8.
`
`Mr. Russell S. Dietz, the first listed inventor on four of the five patents-in—suit, is a
`
`recognized thought leader who publishes and lectures regularly on network data management, cloud
`
`computing and virtualization security solutions. Mr. Dietz has more than 30 years of experience in
`
`the technology and security space. He has a proven record of success as Chief Technology Officer
`
`of multiple hardware, software and systems security companies, and is a recognized pioneer and
`
`innovator in cloud computing and virtualization security solutions. He has more than 20 years of
`
`leadership and expertise
`
`anticipating trends,
`
`and evaluating new technologies
`
`in data
`
`communications, data management and Enterprise security. He is an active member of the Internet
`
`and Engineering Task Force (IETF), Optical Intemetworking Forum (OIF) and the Cloud
`
`Computing Interoperability Forum (CCIF).
`
`9.
`
`On November 18, 2003, the United States Patent and Trademark Office (USPTO)
`
`duly and legally issued U.S. Patent No. 6,651,099 (“the ’099 Patent”) entitled “Method and
`
`Apparatus for Monitoring Traffic in a Network.” Packet Intelligence owns all substantial rights to
`
`the ’099 Patent, including the right to sue and recover damages for all infringement thereof.
`
`Documents assigning the ’099 Patent to Packet Intelligence were recorded at the USPTO on
`
`February 1, 2013 at Reel/Frame 29737-613. Attached hereto as Exhibit A is a true and correct copy
`
`of the ’099 Patent. The ’099 patent has been cited as pertinent prior art by either an applicant, or a
`
`USPTO examiner, during the prosecution of more than 275 issued patents and published patent
`
`applications.
`
`10.
`
`On December 16, 2003,
`
`the USPTO duly and legally issued U.S. Patent No.
`
`6,665,725 (“the ’725 Patent”) entitled “Processing Protocol Specific Information in Packets
`
`Specified by a Protocol Description Language.” Packet Intelligence owns all substantial rights to
`
`the ’725 Patent, including the right to sue and recover damages for all infringement thereof.
`
`
`2697.001/1426122.1
`3
`Case No.
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00003
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`Page 00003
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`

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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 4 of 18
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`Documents assigning the ’725 Patent to Packet Intelligence were recorded at the USPTO on
`
`February 1, 2013 at Reel/Frame 29737-613. A true and correct copy of the ’725 Patent is attached
`
`hereto as Exhibit B.
`
`11.
`
`The ’725 patent has been cited as pertinent prior art by either an applicant, or a
`
`USPTO examiner, during the prosecution of more than 260 issued patents and published patent
`
`applications.
`
`12.
`
`On August 3, 2004, the USPTO duly and legally issued U.S. Patent No. 6,771,646
`
`(“the ’646 Patent”) entitled “Associative Cache Structure for Lookups and Updates of Flow Records
`
`in a Network Monitor.” Packet Intelligence owns all substantial rights to the ’646 Patent, including
`
`the right to sue and recover damages for all infringement thereof. Documents assigning the ’646
`
`Patent to Packet Intelligence were recorded at the USPTO on February 1, 2013 at Reel/Frame 29737-
`
`613. A true and correct copy of the ’646 Patent is attached hereto as Exhibit C.
`
`13.
`
`The ’646 patent has been cited as pertinent prior art by either an applicant, or a
`
`USPTO examiner, during the prosecution of more than 170 issued patents and published patent
`
`applications.
`
`14.
`
`On January 4, 2005, the USPTO duly and legally issued U.S. Patent No. 6,839,751
`
`(“the ’751 Patent”) entitled “Re-Using Information from Data Transactions for Maintaining
`
`Statistics in Network Monitoring.” Packet Intelligence owns all substantial rights to the ’751 Patent,
`
`including the right to sue and recover damages for all infringement thereof. Documents assigning
`
`the ’751 Patent to Packet Intelligence were recorded at the USPTO on February 1, 2013 at
`
`Reel/Frame 29737-613. A true and correct copy of the ’751 Patent is attached hereto as Exhibit D.
`
`15.
`
`The ’751 patent has been cited as pertinent prior art by either an applicant, or a
`
`USPTO examiner, during the prosecution of more than 100 issued patents and published patent
`
`applications.
`
`16.
`
`On October 11, 2005, the USPTO duly and legally issued U.S. Patent No. 6,954,789
`
`(“the ’789 Patent”) entitled “Method and Apparatus for Monitoring Traffic in a Network.” Packet
`
`Intelligence owns all substantial rights to the ’789 Patent, including the right to sue and recover
`
`damages for all infringement thereof. Documents assigning the ’789 Patent to Packet Intelligence
`
`
`2697.001/1426122.1
`4
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00004
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`Page 00004
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`

`

`Networks, Inc. v. Packet Intelligence LLC
`
`See Palo Alto
`
`Packet Intelligence LLC v. Huawei Devices USA Inc.
`
`Packet Intelligence LLC v. Cisco Systems, Inc.
`
`Packet Intelligence LLC v. Cisco Systems, Inc.
`
`Packet Intelligence LLC v. NetScout Systems, Inc. et al
`
`Packet Intelligence LLC v. Sandvine Corporation and Sandvine Incorporated ULC
`
`Page 00005
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`

`

`inter partes
`
`in Limine
`
`Packet Intelligence LLC v. Nokia of America Corporation,
`
`Packet Intelligence LLC v. Ericsson Inc.,
`
`inter partes
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`Page 00006
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`

`

`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 7 of 18
`
`22.
`
`Traffic classification involves detecting the underlying protocols used within a data
`
`packet, as well as the applications or user activity responsible for generating network traffic. It also
`
`involves identifying the underlying protocols/applications of a flow along with recording traffic
`
`statistics.
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`Such classification and monitoring provide network administrators with detailed
`
`information about their networks, which can be used to diagnose network problems, control
`
`bandwidth allocation, and ensure an appropriate quality of service for users.
`
`23.
`
`Conventional network monitors categorized network transmissions into “connection
`
`77
`flows. A connection flow refers to the packets involved in a single connection and relate to a
`
`negotiated transmission between specific addresses on two devices. A connection flow correlates
`
`to the source and destination IP address/port pairs used on both ends of the connection without
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`inspecting the packet’s payload deeper than the headers of the transport layer1 containing port
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`information. The problem with only tracking connection flows is that certain applications and
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`protocols may generate multiple connections.
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`In other words, a single application may spawn
`
`multiple connections for a single activity. For example, if user A wants to have a Skype call with
`
`user B, the Skype application may create multiple connections between computer A and B to
`
`conduct the call. There might be one connection which supplies setup information, a second
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`connection for transmitting video information, and a third connection for transmitting audio
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`information. Conventional network monitors would consider these three separate connections even
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`though they originated from a single Skype call.
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`24.
`
`The Asserted Patents improved upon these conventional network monitoring systems
`
`and methods by categorizing network transmissions into “conversational flows” rather than merely
`
`in “connection flows.” Unlike connection flow, conversational flow is the sequence of packets that
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`are exchanged in any direction as a result of a particular activity—for instance, the running of an
`
`application on a server as requested by a client—which may include multiple connections,
`
`transmissions, or exchanges in either direction between the participants in the conversation. This
`
`1 The functionality underlying network communications is often viewed in terms of conceptual
`See
`See
`layers,
`such
`as
`those
`defined
`in
`the
`7 Layer
`081 Model.
`081 Model,
`https://en.wikipedia.org/wiki/OSI model (visited July 27, 2018). Several different protocol options
`may be available at each layer to accomplish specific tasks needed by the layer above it.
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`2697.001/1426122.1
`7
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00007
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`Page 00007
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`

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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 8 of 18
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`addressed the problem of disjointed flows in network communications through “virtually
`
`concatenating,” or linking, all related conversational exchanges.
`
`25.
`
`“Conversational flows” are identified through parsing and analyzing data packets at
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`deeper layers to extract information used to classify each data packet, determining whether it
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`belongs to an existing conversational flow or is part of a new conversational flow. This is
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`accomplished,
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`in part, by populating a parsing/extraction operations memory and a state
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`patterns/operations and database with machine operations that implement programmable rules and
`
`instructions for inspecting packets to identify patterns forming conversational flows.
`
`26.
`
`Network traffic is inspected for pattern recognition to determine protocol types and
`
`headers for each protocol
`
`layer. Extracted packet
`
`information is compared to stored data
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`corresponding to prior network transmissions to determine whether a current transmission belongs
`
`to a known flow comprising previously inspected transmissions. Extracted data may also be used
`
`to determine the different states, state transitions, and/or state operations to be performed
`
`corresponding to a conversational
`
`flow to aid in predicting and/or identifying subsequent
`
`transmissions within a conversational flow and/or to determine the termination of a conversational
`
`flow. One of the many advantages of the invention is properly analyzing the packets exchanged
`
`between a client and a server and maintaining information relevant to the current state of each of
`
`these conversational flows.
`
`27.
`
`Classifying transmissions in the context of conversational flows provides several
`
`benefits over conventional network monitoring systems and methods, including accommodation
`
`of: more flexible and effective stateful firewall operations to permit network operators greater
`
`flexibility in configuring network security policies; more robust understanding of the quality of
`
`service (“QoS”) and bandwidth usage of a multiple connection flow application whereby certain
`
`network traffic could be excluded fiom data usage limits, bandwidth throttling may be applied to
`
`specific applications or services, and access to certain web browser applications may be restricted
`
`at specified times; and, eavesdropping or lawfiJl interception, by cloning all of the traffic of a
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`conversational flow, which allows another user on the network, or elsewhere, to read the content
`
`exchanged over the network without the knowledge of the original recipient.
`
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`2697.001/1426122.1
`8
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00008
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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 9 of 18
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`V. THE ACCUSED PRODUCTS
`
`28.
`
`The “Accused Products” include Defendant’s products, such as gateway and firewall
`
`products that include the Application Identification feature, and/or the Juniper Application Aware
`
`feature or other similar functionality. These products include, but are not limited to: SRX Series
`
`Gateway and/0r Firewall products both physical and virtual/containerized platforms (including but
`
`not limited to SRXlOO, SRXllO, SRXZlO, SRX220, SRX240, SRX300, SRX320, SRX340,
`
`SRXSSO, SRX650, SRXlSOO, SRX4100, SRX4200, SRX4600, SRX5400, SRX5600, SRX5800,
`
`VSRX, and cSRX), the Juniper MX Series routers including both physical and Virtual platforms
`
`(including but not limited to Virtual MX (VMX), MXS. MXlO, MX40, MX80, MX104, MX150,
`
`MX204, MX240, MX480, MX960, MX2008, MXZOlO, MX2020, MX10003, MX 10008, and
`
`MX10016), and the NFX Series Network Services Platform products both physical and Virtual
`
`platforms (including but not limited to NFXlSO and NFX250) and any predecessor or successor
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`models.
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`29.
`
`The Application Identification and Application Aware features of the Accused
`
`Products allow inspection of packets at layers 3-7 of the OSI model to allow identification of a
`
`protocol associated with the packet and to determine the particular application associated with the
`
`packet. Defendant’s documentation describes this capability as shown below:
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`2697.001/1426122.1
`9
`Case No.
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 00009
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`Page 00009
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`

`

`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 10 of 18
`
`Junos OS Next—Generation Application Identification
`
`Next—generation application identification builds on the legacy application identification
`functionality and provides more effective detection capabilities for evasive applications
`such as Skype, BitTorrent. and Tor.
`
`Junos 05 application identification recognizes Web—based and other applications and
`protocols at different network layers using characteristics other than port number.
`Applications are identified by using a protocol bundle containing application signatures
`and parsing information. The identification is based on protocol parsing and decoding
`and session management.
`
`The detection mechanism has its own data feed and constructs to identify applications.
`
`The following features are supported in application identification:
`
`- Support for protocols and applications, including video streaming, peer—to—peer
`communication. social networking, and messaging
`Identification of services within applications
`
`.
`
`- Ability to distinguish actions launched within an application (such as login, browse,
`
`chat, and file transfer)
`
`. Support for all versions of protocols and application decoders and dynamic updates
`of decoders
`
`- Support for encrypted and compressed traffic and most complex tunneling protocols
`
`. Ability to identify all protocols from Layer 3 to Layer 7 and above Layer 7
`
`See “Junos OS — Application Security Feature Guide for Security Devices,” at p. 28.
`
`30.
`
`A flow chart of the process by which the Accused Products identify the application
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`1
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`3
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`that corresponds to a packet is shown below in the excerpt from Defendant’s documentation:
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`Case No.
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00010
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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 11 of 18
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`Application Identification Match Sequence
`
`Figure l on page 29 shows the sequence in which mapping techniques are applied and
`how the application is determined.
`
`Figure 7: Mapping Sequence
`
`iFirst Packet
`
`.
`.
`Match
`Checkapplication
`4’ system cache —> Application
` No
`Process packet
`
`
`
`
`
`
`Application
`
`Classified?
`
`
`Application
`
`Application lD
`‘ Done
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`See “Junos OS — Application Security Feature Guide for Security Devices,” at p. 29.
`
`31.
`
`The flow chart shows several decision points during the processing of a packet in the
`
`Application Identification feature. The Accused Products can be used to implement one or more of
`
`the AppSecure models, such as AppTrack, AppFW, AproS, AppDoS, and IPS. For instance,
`
`AproS can be used to implement Quality of Service (“QOS”) policies that are applied to packets
`
`based on the application that is identified. A network operator using the Accused Products can set
`
`QOS policies that can limit the bandwidth for certain applications during peak hours or prioritize
`
`packets associated with applications requiring more bandwidth, e. g., streaming video.
`
`VI. PATENT INFRINGEMENT (U.S. Patent No. 6,651,099!
`
`32.
`
`33.
`
`Packet Intelligence realleges paragraphs 1 through 31 as though fully set forth herein.
`
`Defendant has infringed directly and continues to infringe directly, either literally or
`
`under the doctrine of equivalents, at least claim 1 of the ’099 Patent by its manufacture, sale, offer
`
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`2697.001/1426122.1
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`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00011
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`Page 00011
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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 12 of 18
`
`for sale, and use of any one or more of the Accused Products. Defendant is therefore liable for
`
`infringement of the ’099 Patent pursuant to 35 U.S.C. § 271.
`
`34.
`
`As of the time Defendant first had notice of Plaintiff’s allegations of infiingement of
`
`one or more claims of the ’099 Patent by Defendant, which is no later than the date of the notice
`
`letter sent by Packet Intelligence on January 18, 2019, Defendant indirectly infringed and continues
`
`to indirectly infringe at least claim 1 of the ’099 Patent by active inducement under 35 U.S.C.
`
`§27l(b). Defendant has induced, caused, urged, encouraged, aided and abetted its direct and
`
`indirect customers to make, use, sell, offer for sale and/or import one or more of the Accused
`
`Products, and thus indirectly infringes at least claim 1 of the ’099 Patent. Defendant has done so by
`
`acts including but not limited to (1) selling such products including features that—when used or
`
`resold—infringe, either literally or under the doctrine of equivalents, the ’099 Patent; (2) marketing
`
`the infringing capabilities of such products; and (3) providing instructions, technical support, and
`
`other support and encouragement for the use of such products, including at least the documents
`
`referenced above. Such conduct by Defendant was intended to and actually did result in direct
`
`infringement by Defendant’s direct and indirect customers, including the making, using, selling,
`
`offering for sale and/or importation of the Accused Products in the United States.
`
`35.
`
`Defendant’s infringement of the ’099 Patent has damaged Packet Intelligence, and
`
`Defendant is liable to Packet Intelligence in an amount to be determined at trial that compensates
`
`Packet Intelligence for the infringement, which by law can be no less than a reasonable royalty.
`
`36.
`
`As of the time Defendant first had notice of the ’099 Patent, at least as early as
`
`January 18, 2019, Defendant has continued with its infringement despite the objectively high
`
`likelihood that its actions constitute infringement and Defendant’s subjective knowledge of this
`
`obvious risk. As Defendant has no good faith belief that it does not infringe the ’099 Patent, at least
`
`Defendant’s continued infringement of the ’099 Patent is willful and deliberate, entitling Packet
`
`Intelligence to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred
`
`in prosecuting this action under 35 U.S.C. § 285.
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`2697.001/1426122.1
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`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
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`Page 00012
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`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 13 of 18
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`VII. PATENT INFRINGEMENT (U.S. Patent No. 6,665,725)
`
`37.
`
`38.
`
`Packet Intelligence realleges paragraphs 1 through 31 as though fully set forth herein.
`
`Defendant has infringed directly and continues to infringe directly, either literally or
`
`under the doctrine of equivalents, at least claim 17 of the ’725 Patent by its manufacture, sale, offer
`
`for sale, and use of any one or more of the Accused Products. Defendant is therefore liable for
`
`infringement of the ’725 Patent pursuant to 35 U.S.C. § 271.
`
`39.
`
`As of the time Defendant first had notice of Plaintiff’s allegations of infiingement of
`
`one or more claims of the ’725 Patth by Defendant, at least as early as January 18, 2019, Defendant
`
`indirectly infringed and continues to indirectly infringe at least claim 17 of the ’725 Patent by active
`
`inducement under 35 U.S.C. § 271(b). Defendant has induced, caused, urged, encouraged, aided
`
`and abetted its direct and indirect customers to make, use, sell, offer for sale and/or import one or
`
`more of the Accused Products, and thus indirectly infringes at least claim 17 of the ’725 Patent.
`
`Defendant has done so by acts including but not limited to (1) selling such products including
`
`features that—when used or resold—infringe, either literally or under the doctrine of equivalents,
`
`the ’725 Patent; (2) marketing the infringing capabilities of such products; and (3) providing
`
`instructions, technical support, and other support and encouragement for the use of such products,
`
`including at least the documents referenced above. Such conduct by Defendant was intended to and
`
`actually did result in direct infringement by Defendant’s direct and indirect customers, including the
`
`making, using, selling, offering for sale and/or importation of the Accused Products in the United
`
`\DOO\10\
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`States.
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`40.
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`Defendant’s infringement of the ’725 Patent has damaged Packet Intelligence, and
`
`Defendant is liable to Packet Intelligence in an amount to be determined at trial that compensates
`
`Packet Intelligence for the infringement, which by law can be no less than a reasonable royalty.
`
`41.
`
`As of the time Defendant first had notice of the ’725 Patent, at least as early as
`
`January 18, 2019, Defendant has continued with its infringement despite the objectively high
`
`likelihood that its actions constitute infringement Defendant’s subjective knowledge of this obvious
`
`risk. As Defendant has no good faith belief that it does not infringe the ’725 Patent, at least
`
`Defendant’s continued infringement of the ’725 Patent is willful and deliberate, entitling Packet
`
`
`2697.001/1426122.1
`13
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 00013
`
`Page 00013
`
`

`

`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 14 of 18
`
`Intelligence to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred
`
`in prosecuting this action under 35 U.S.C. § 285.
`
`VIII. PATENT INFRINGEMENT (U.S. Patent No. 6,771,646)
`
`42.
`
`Packet Intelligence realleges paragraphs 1 through 31 as though fully set forth
`
`herein.
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`43.
`
`Defendant has infringed directly and continues to infringe directly, either literally or
`
`under the doctrine of equivalents, at least claim 7 of the ’646 Patent by its manufacture, sale, offer
`
`for sale, and use of any one or more of the Accused Products. Defendant is therefore liable for
`
`infringement of the ’646 Patent pursuant to 35 U.S.C. § 271.
`
`44.
`
`As of the time Defendant first had notice of Plaintiff’s allegations of infiingement of
`
`one or more claims of the ’646 Patent by Defendant, which is no later than the January 18, 2019,
`
`Defendant indirectly infringed and continues to indirectly infringe at least claim 7 of the ’646 Patent
`
`by active inducement under 35 U.S.C. § 271(b). Defendant has induced, caused, urged, encouraged,
`
`aided and abetted its direct and indirect customers to make, use, sell, offer for sale and/or import
`
`one or more of the Accused Products, and thus indirectly infringes at least claim 7 of the ’646 Patent.
`
`Defendant has done so by acts including but not limited to (1) selling such products including
`
`features that—when used or resold—infringe, either literally or under the doctrine of equivalents,
`
`the ’646 Patent; (2) marketing the infringing capabilities of such products; and (3) providing
`
`instructions, technical support, and other support and encouragement for the use of such products,
`
`including at least the documents referenced above. Such conduct by Defendant was intended to and
`
`actually did result in direct infringement by Defendant’s direct and indirect customers, including the
`
`making, using, selling, offering for sale and/or importation of the Accused Products in the United
`
`23
`
`States.
`
`24
`
`25
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`26
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`27
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`28
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`45.
`
`Defendant’s infringement of the ’646 Patent has damaged Packet Intelligence, and
`
`Defendant is liable to Packet Intelligence in an amount to be determined at trial that compensates
`
`Packet Intelligence for the infringement, which by law can be no less than a reasonable royalty.
`
`46.
`
`As of the time Defendant first had notice of the ’646 Patent, at least as early as
`
`January 18, 2019 2017, Defendant has continued with its infringement despite the objectively high
`
`
`2697.001/1426122.1
`14
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 00014
`
`Page 00014
`
`

`

`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 15 of 18
`
`likelihood that its actions constitute infringement and Defendant’s subjective knowledge of this
`
`obvious risk. As Defendant has no good faith belief that it does not infringe the ’646 Patent, at least
`
`Defendant’s continued infringement of the ’646 Patent is willful and deliberate, entitling Packet
`
`Intelligence to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred
`
`in prosecuting this action under 35 U.S.C. § 285.
`
`\DOO\10\
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`23
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`24
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`IX. PATENT INFRINGEMENT (U.S. Patent No. 6,839,751)
`
`47.
`
`48.
`
`Packet Intelligence realleges paragraphs 1 through 31 as though fully set forth herein.
`
`Defendant has infringed directly and continues to infringe directly, either literally or
`
`under the doctrine of equivalents, at least claim 17 of the ’751 Patent by its manufacture, sale, offer
`
`for sale, and use of any one or more of the Accused Products. Defendant is therefore liable for
`
`infringement of the ’751 Patent pursuant to 35 U.S.C. § 271.
`
`49.
`
`As of the time Defendant first had notice of Plaintiff’s allegations of infiingement of
`
`one or more claims of the ’751 Patent by Defendant, which is no later than the January 18, 2109,
`
`Defendant indirectly infringed and continues to indirectly infringe at least claim 17 of the ’751
`
`Patent by active inducement under 35 U.S.C. § 271(b). Defendant has induced, caused, urged,
`
`encouraged, aided and abetted its direct and indirect customers to make, use, sell, offer for sale
`
`and/or import one or more of the Accused Products, and thus indirectly infringes at least claim 17
`
`of the ’751 Patent. Defendant has done so by acts including but not limited to (1) selling such
`
`products including features that—when used or resold—infringe, either literally or under the
`
`doctrine of equivalents, the ’751 Patent; (2) marketing the infringing capabilities of such products;
`
`and (3) providing instructions, technical support, and other support and encouragement for the use
`
`of such products, including at least the documents referenced above. Such conduct by Defendant
`
`was intended to and actually did result in direct infringement by Defendant’s direct and indirect
`
`customers, including the making, using, selling, offering for sale and/or importation of the Accused
`
`25
`
`Products in the United States.
`
`26
`
`27
`
`28
`
`50.
`
`Defendant’s infringement of the ’751 Patent has damaged Packet Intelligence, and
`
`Defendant is liable to Packet Intelligence in an amount to be determined at trial that compensates
`
`Packet Intelligence for the infringement, which by law can be no less than a reasonable royalty.
`
`
`2697.001/1426122.1
`15
`Case No,
`PACKET INTELLIGENCE LLC’S COMPLAINT FOR PATENT INFRINGEMENT
`
`Page 00015
`
`Page 00015
`
`

`

`Case 3:19-cv-04741-WHO Document 1 Filed 08/13/19 Page 16 of 18
`
`51.
`
`As of the time Defendant first had notice of the ’751 Patent, at least as early as
`
`January 18, 2019, Defendant has continued with its infringement despite the objectively high
`
`likelihood that its actions constitute infringement and Defendant’s subjective knowledge of this
`
`obvious risk. As Defendant has no good faith belief that it does not infringe the ’75 1 Patent, at least
`
`Defendant’s continued infringement of the ’751 Patent is willful and deliberate, entitling Packet
`
`Intelligence to increased damages under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred
`
`in prosecuting this action under 35 U.S.C. § 285.
`
`X. PATENT INFRINGEMENT (US. Patent No. 6,954,789)
`
`52.
`
`Packet Intelligence realleges paragraphs 1 through 31 as though fully set forth
`
`\DOO\10\
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`10
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`herein.
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`27
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`53.
`
`Defendant has infringed directly and continues to infringe directly, either literally or
`
`under the doctrine of equivalents, at least claim 19 of the ’789 Patent by its manufacture, sale, offer
`
`for sale, and use of any one or more of the Accused Products. Defendant is therefore liable for
`
`infringement of the ’789 Patent pursuant to 35 U.S.C. § 271.
`
`54.
`
`As of the time Defendant first had notice of Plaintiff’s allegations of infiingement of
`
`one or more claims of the ’789 Patent by Defendant, which is no later than the filing date of this
`
`complaint, Defendant, indirectly infringed and continues to indirectly infringe at least claim 19 of
`
`the ’789 Patent by active inducement under 35 U.S.C. § 271(b). Defendant has induced, caused,
`
`urged, encouraged, aided and abetted its direct and indirect customers to make, use, sell, offer for
`
`sale and/or import one or more of the Accused Products, and thus indirectly infringes at least claim
`
`19 of the ’789 Patent. Defendant has done so by acts including but not limited to (1) selling such
`
`products including features that—when used or resold—infringe, either literally or under the
`
`doctrine of equivalents, the ’789 Patent; (2) marketing the infring