Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 1 of 27
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SYNKLOUD TECHNOLOGIES, LLC, a
`Delaware limited liability company,
`
`Plaintiff,
`
`
`
`v.
`
`DROPBOX, INC., a Delaware corporation,
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No.
`
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff SynKloud Technologies, LLC (“SynKloud” or “Plaintiff”) hereby alleges for
`
`its Complaint for Patent Infringement against Dropbox, Inc. (“Dropbox” or “Defendant”) the
`
`following:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement of United States Patent Nos. 8,606,880
`
`(the “’880 Patent”); 8,856,195 (the “’195 Patent”); 8,868,690 (the “’690 Patent”); 9,219,780
`
`(the “’780 Patent”); 9,239,686 (the “’686 Patent”); and 10,015,254 (the “’254 Patent”)
`
`(collectively, the “Patents-in-Suit”) arising under the Patent Laws of the United States, 35
`
`U.S.C. § 1, et seq., seeking damages and other relief under 35 U.S.C. § 281, et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff SynKloud Technologies, LLC is a company organized under the laws
`
`of Delaware, with its principal place of business located at 124 Broadkill Road, #415, Milton,
`
`Delaware 19968.
`
`/ / /
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`Adobe - Exhibit 1132, page 1
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 2 of 27
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`3.
`
`Defendant Dropbox, Inc. is a corporation organized under the laws of Delaware
`
`with its principal place of business located at 333 Brannan Street, San Francisco, California
`
`94107. Dropbox’s registered agent for Service of Process is located at Corporation Service
`
`Company, d/b/a CSC, 211 E. 7th Street Suite 620, Austin, Texas 78701.
`
`JURSIDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the provisions of the
`
`Patent Laws of the United States of America, Title 35, United States Code.
`
`5.
`
`This Court has subject matter jurisdiction over SynKloud’s claims under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant in this action because
`
`Defendant has committed acts within the Western District of Texas, giving rise to this action
`
`and has established minimum contacts with this forum such that the exercise of jurisdiction
`
`over the Defendant would not offend traditional notions of fair play and substantial justice.
`
`The Defendant, directly and through subsidiaries or intermediaries, has committed and
`
`continues to commit acts of infringement in this District by, among other things, offering to
`
`sell and selling products and/or services that infringe the asserted patents.
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b), (c)
`
`and/or 28 U.S.C. § 1400(b). Defendant transacts business within this District and offers for sale
`
`in this District products that infringe the Patents-in-Suit. Defendant is registered to do business
`
`in Texas. Defendant has a regular and established place of business in Western District of
`
`Texas. For example, Defendant has an office in Austin, Texas where it employs sales and user
`
`operations teams. Dropbox chose Austin for its second U.S. location and has stated that in
`
`/ / /
`
`2
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`Adobe - Exhibit 1132, page 2
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 3 of 27
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`Austin, they are building out its “sales and channel, customer experience and people teams for
`
`the Americas.” (https://www.dropbox.com/jobs/locations/austin as of August 23, 2019).
`
`PATENT OWNERSHIP AND EXCLUSIVE RIGHT TO SUE
`
`8.
`
`Plaintiff is the owner of the Patents-in-Suit asserted in this action and has the
`
`exclusive right to sue and collect remedies for past, present, and future infringement of the
`
`Patents-in-Suit.
`
`ACCUSED PRODUCTS AND/OR SERVICES
`
`9.
`
`Defendant manufactures, provides, uses, sells, offers for sale, imports, and/or
`
`distributes infringing services for storage, including, for example, Dropbox Cloud Personal,
`
`Plus, Professional, Standard, Advanced, Business and/or Enterprise Versions, using infringing
`
`Dropbox servers that operate with client-side Dropbox software that is connected through
`
`wireless networks including, for example, Dropbox Mobile Applications, Web browser
`
`interface and/or Desktop Applications (collectively, “Accused Products and/or Services”).
`
`ACTUAL NOTICE AND KNOWLEDGE OF THE PATENTS-IN-SUIT
`
`10.
`
`Defendant had actual notice and/or knowledge of the Patents-in-Suit since at
`
`least October 11, 2015 when the predecessor owner of the Patents-in-Suit sent a notice of
`
`patent infringement to Defendant, copy of the original attached as Exhibit 1-A that explicitly
`
`listed the ’880 Patent, that is the Parent patent of the Patents-in-Suit, the ’195 Patent and the
`
`’690 Patent.
`
`11.
`
`Defendant again had actual notice of patent infringement and had knowledge at
`
`least on January 11, 2017 with a letter that explicitly listed the ’780 Patent and the ’686 Patent
`
`and included infringement claim chart attached copy as Exhibit 1-B. This was followed up
`
`with further correspondence on April 25, 2017 (attached copy as Exhibit 1-C), May 22, 2017
`
`3
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`Adobe - Exhibit 1132, page 3
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 4 of 27
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`(attached copy as Exhibit 1-D) and October 6, 2017 (attached copy as Exhibit 1-E) in response
`
`to communications from Defendant.
`
`12.
`
`Plaintiff followed up on the communications with Defendant on June 10, 2019,
`
`attached copy as Exhibit 1-F.
`
`13.
`
`Defendant has had knowledge of the Patents-in-Suit and its infringement since
`
`at least the filing of the Original Complaint in this action, or shortly thereafter, including by
`
`way of this lawsuit.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,606,880
`
`14.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`15.
`
`On December 10, 2013, the ’880 Patent, entitled “Use of Wireless Devices’
`
`External Storage,” was duly and legally issued by the United States Patent and Trademark
`
`Office. A true and correct copy of the ’880 Patent is attached as Exhibit 2-A.
`
`16.
`
`Defendant has infringed and continues to infringe at least claims 2, 7-17 of the
`
`’880 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United
`
`States, the Accused Products and/or Services.
`
`17.
`
`As just one non-limiting example, set forth in the claim chart, attached as
`
`Exhibit 3-A, is a description of exemplary claim 2 of the ’880 Patent. Plaintiff reserves the
`
`right to modify this description, including on the basis of information it obtains during
`
`discovery.
`
`18.
`
`For example, the Accused Products and/or Services meet all of the claim
`
`limitations of claim 2 of the ’880 Patent, set forth below with claim language in italics. To the
`
`4
`
`Adobe - Exhibit 1132, page 4
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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 5 of 27
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`extent the preamble is limiting, the Accused Products and/or Services include a system for
`
`expanding storage capacity of a plurality of wireless devices, the system comprising a
`
`configured server.
`
`
`
`https://www.dropbox.com/features, last visited on August 22, 2019.
`
`19.
`
`The Accused Products and/or Services allocate a storage space of a predefined
`
`capacity for each of the wireless devices, create a file system for the storage space allocated
`
`for the each of the wireless devices.
`
`https://www.dropbox.com/plans?trigger=nr
`
`20.
`
`The Accused Products and/or Services establish a link for each of the wireless
`
`devices access to the storage space.
`
`
`
`/ / /
`
`/ / /
`
`/ / /
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`5
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`Adobe - Exhibit 1132, page 5
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 6 of 27
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`“Installing our application on your computer creates a special folder, the
`
`Dropbox folder. This folder has unique properties: it automatically
`
`updates your files so they're the same across all your devices with
`
`Dropbox installed. No more USB drives, emailing work to yourself, or
`
`manually uploading and downloading files - it just works.
`
`Use the Dropbox folder like you would any other folder on your computer.
`
`Anything you save into the folder will be available on your other devices
`
`and backed up on our website.”
`
`
`
`https://www.dropbox.com/guide/business/set-up/install-the -desktop-app, last
`visited on August 22, 2019
`
`
`
`6
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`Adobe - Exhibit 1132, page 6
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 7 of 27
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`21.
`
`The Accused Products and/or Services update the file system whenever a user of
`
`the each of the wireless devices performs an operation to the storage space, wherein the
`
`storage space being remotely located with respect to the each of the wireless devices.
`Edit access in a shared folder
`Edit access in shared folders allows for two-way collaboration between
`
`parties. Choose specific colleagues who need to edit files in one of your
`
`Dropbox folders, and watch edits sync almost instantly. Anyone with edit
`
`access can alter, add, and delete files in your folder.
`
`https://www.dropbox.com/guide/business/share/sharing-overview
`The Accused Products and/or Services include wherein the updating of the file
`22.
`
`system comprises, updating the file system for storing a file therein, the storing of a file
`
`including to download a file from a remote web server, according to download information for
`
`the file cached in the each of the wireless devices received therefrom, directly into the storage
`
`device allocated thereto when the user via a web browser executed on the each of the wireless
`
`devices to perform an operation of downloading the file from the remote web server to the
`
`storage space instead of downloading the file into the each of the wireless devices itself.
`
`Free up hard drive space
`Dropbox Smart Sync lets you work from your desktop and save to the
`cloud, taking up virtually no space on your hard drive.
`https://www.dropbox.com/business/tour
`
`
`7
`
`Adobe - Exhibit 1132, page 7
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 8 of 27
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`23.
`
`The Accused Products and/or Services include software operation on the
`
`wireless devices, wherein each of the wireless devices is operable access to the storage space
`
`
`
`allocated to the each of the wireless devices.
`
`Connect your Dropbox accounts
`Connecting your personal and business Dropbox accounts lets
`you easily access both from all your linked devices, while still
`keeping your data separate.
`
`If you have a personal account for your photos and tax returns, and a
`
`business account for clients and projects, Dropbox will let you connect
`
`your accounts to make accessing them both a breeze. You'll still have
`
`two separate accounts, but now you'll be able to easily access your
`
`personal and work Dropbox folders from your computer, your mobile
`
`devices, and the Dropbox website.
`
`https://www.dropbox.com/guide/business/set-up/connect-your-dropboxes
`/ / /
`
`8
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`Adobe - Exhibit 1132, page 8
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 9 of 27
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`24.
`
`Defendant has committed acts of infringement without license or authorization.
`
`Defendant knew or should have known that its actions would cause direct and indirect
`
`infringement of the ’880 Patent. On information and belief, Defendant acted with objective
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`25.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’880 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or
`
`Services to be manufactured, by providing user guides, installation or instruction manuals, and
`
`other training materials, by advertising and solicitation and otherwise providing sales-related
`
`materials, and by instructing and/or demonstrating to customers, distributers, end-users,
`
`vendors including customer-support and/or manufacturers the normal operation of the Accused
`
`Products and/or Services that infringe the ’880 Patent. Defendant is aware and/or willfully
`
`blind that these affirmative acts infringe and/or would induce infringement of the ’880 Patent,
`
`of which it had knowledge.
`
`26.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’880 Patent by, among other things,
`
`providing seamless external storage capability that operates as internal storage in its Accused
`
`Products and/or Services and by encouraging, at a minimum, customers, distributors, end-
`
`users, vendors including customer-support and/or manufacturers in this District and elsewhere,
`
`9
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`Adobe - Exhibit 1132, page 9
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 10 of 27
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`to infringe the ’880 Patent. By importing, exporting, manufacturing, distributing, selling,
`
`and/or providing the Accused Products and/or Services for their intended use to customers,
`
`distributors, end-users, vendors including customer-support and/or manufacturers, Defendant
`
`has in the past and continues to contribute to the infringement of one or more claims of the
`
`’880 Patent. The Accused Products and/or Services are material to the inventions claimed in
`
`the ’880 Patent, have no substantial non-infringing uses, and are known by Defendant (on
`
`information and belief) to be especially made or especially adapted for use in infringing the
`
`’880 Patent, and which are otherwise not staple articles of commerce suitable for substantial
`
`non-infringing use. Defendant is aware and/or willfully blind that these affirmative acts
`
`infringe and/or constitute contributory infringement of the ’880 Patent, of which it had
`
`knowledge.
`
`27.
`
`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’880
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe,
`
`either directly or under the doctrine of equivalents, one or more claims of the ’880 Patent (e.g.,
`
`claims 2, 7-17) by configuring and dynamically resizing logical volumes. At a minimum,
`
`Defendant is liable for the indirect infringement of claims 2, 7-17 of the ’880 Patent.
`
`28.
`
`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
`
`infringement has been and continues to be willful. As a result of Defendant’s willful
`
`infringement of the ’880 Patent, Plaintiff has suffered damages and will continue to suffer
`
`damages.
`
`10
`
`Adobe - Exhibit 1132, page 10
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 11 of 27
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`29.
`
`Defendant will continue to infringe unless this Court enjoins Defendant and its
`
`agents, servants, employees, representatives and all others acting in active concert with it from
`
`infringing the ’880 Patent.
`
`30.
`
`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
`
`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
`
`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together
`
`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 8,856,195
`
`31.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`32.
`
`On October 7, 2014, the ’195 Patent, entitled “Method and System for Wireless
`
`Device Access to External Storage,” was duly and legally issued by the United States Patent
`
`and Trademark Office. A true and correct copy of the ’195 Patent is attached as Exhibit 2-B.
`
`33.
`
`Defendant has infringed and continues to infringe at least claims 15-20 of the
`
`’195 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United
`
`States, Accused Products and/or Services.
`
`33.
`
`As just one non-limiting example, set forth in the claim chart, attached as
`
`Exhibit 3-B, is a description of exemplary claim 15 of the ’195 Patent. Plaintiff reserves the
`
`right to modify this description, including on the basis of information it obtains during
`
`discovery.
`
`34.
`
`Defendant has committed acts of infringement without license or authorization.
`
`Defendant knew or should have known that its actions would cause direct and indirect
`
`11
`
`Adobe - Exhibit 1132, page 11
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`

`

`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 12 of 27
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`infringement of the ’195 Patent. On information and belief, Defendant acted with objective
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`35.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’195 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or
`
`Services to be manufactured, by providing user guides, installation or instruction manuals, and
`
`other training materials, by advertising and solicitation and otherwise providing sales-related
`
`materials, and by instructing and/or demonstrating to customers, distributers, end-users,
`
`vendors including customer-support and/or manufacturers the normal operation of the Accused
`
`Products and/or Services that infringe the ’195 Patent. Defendant is aware and/or willfully
`
`blind that these affirmative acts infringe and/or would induce infringement of the ’195 Patent,
`
`of which it had knowledge.
`
`36.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’195 Patent by, among other things,
`
`providing seamless external storage capability that operates as internal storage in its Accused
`
`Products and/or Services and by encouraging, at a minimum, customers, distributors, end-
`
`users, vendors including customer-support and/or manufacturers in this District and elsewhere,
`
`to infringe the ’195 Patent. By importing, exporting, manufacturing, distributing, selling,
`
`and/or providing the Accused Products and/or Services for their intended use to customers,
`
`12
`
`Adobe - Exhibit 1132, page 12
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 13 of 27
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`distributors, end-users, vendors including customer-support and/or manufacturers, Defendant
`
`has in the past and continues to contribute to the infringement of one or more claims of the
`
`’195 Patent. The Accused Products and/or Services are material to the inventions claimed in
`
`the ’195 Patent, have no substantial non-infringing uses, and are known by Defendant (on
`
`information and belief) to be especially made or especially adapted for use in infringing the
`
`’195 Patent, and which are otherwise not staple articles of commerce suitable for substantial
`
`non-infringing use. Defendant is aware and/or willfully blind that these affirmative acts
`
`infringe and/or constitute contributory infringement of the ’195 Patent, of which it had
`
`knowledge.
`
`37.
`
`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’195
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe,
`
`either directly or under the doctrine of equivalents, one or more claims of the ’195 Patent (e.g.,
`
`claims 15-20) by configuring and dynamically resizing logical volumes. At a minimum,
`
`Defendant is liable for the indirect infringement of claims 15-20 of the ’195 Patent.
`
`38.
`
`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
`
`infringement has been and continues to be willful. As a result of Defendant’s willful
`
`infringement of the ’195 Patent, Plaintiff has suffered damages and will continue to suffer
`
`damages.
`
`39.
`
`Defendant will continue to infringe unless this Court enjoins Defendant and its
`
`agents, servants, employees, representatives and all others acting in active concert with it from
`
`13
`
`Adobe - Exhibit 1132, page 13
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 14 of 27
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`infringing the ’195 Patent.
`
`40.
`
`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
`
`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
`
`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together
`
`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 8,868,690
`
`41.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`42.
`
`On October 21, 2014, the ’690 Patent, entitled “System and Method for Support
`
`Wireless Device Access to External Storage,” was duly and legally issued by the United States
`
`Patent and Trademark Office. A true and correct copy of the ’690 Patent is attached as Exhibit
`
`2-C.
`
`43.
`
`Defendant has infringed and continues to infringe at least claims 1-20 of the
`
`’690 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United
`
`States, Accused Products and/or Services.
`
`44.
`
`As just one non-limiting example, set forth in the claim chart, attached as
`
`Exhibit 3-C, is a description of exemplary claim 1 of the ’690 Patent. Plaintiff reserves the
`
`right to modify this description, including on the basis of information it obtains during
`
`discovery.
`
`45.
`
`Defendant has committed acts of infringement without license or authorization.
`
`Defendant knew or should have known that its actions would cause direct and indirect
`
`infringement of the ’690 Patent. On information and belief, Defendant acted with objective
`
`14
`
`Adobe - Exhibit 1132, page 14
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`

`

`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 15 of 27
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`46.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’690 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or
`
`Services to be manufactured, by providing user guides, installation or instruction manuals, and
`
`other training materials, by advertising and solicitation and otherwise providing sales-related
`
`materials, and by instructing and/or demonstrating to customers, distributers, end-users,
`
`vendors including customer-support and/or manufacturers the normal operation of the Accused
`
`Products and/or Services that infringe the ’690 Patent. Defendant is aware and/or willfully
`
`blind that these affirmative acts infringe and/or would induce infringement of the ’690 Patent,
`
`of which it had knowledge.
`
`47.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’690 Patent by, among other things,
`
`providing seamless external storage capability that operates as internal storage in its Accused
`
`Products and/or Services and by encouraging, at a minimum, customers, distributors, end-
`
`users, vendors including customer-support and/or manufacturers in this District and elsewhere,
`
`to infringe the ’690 Patent. By importing, exporting, manufacturing, distributing, selling,
`
`and/or providing the Accused Products and/or Services for their intended use to customers,
`
`distributors, end-users, vendors including customer-support and/or manufacturers, Defendant
`
`15
`
`Adobe - Exhibit 1132, page 15
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`

`

`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 16 of 27
`
`has in the past and continues to contribute to the infringement of one or more claims of the
`
`’690 Patent. The Accused Products and/or Services are material to the inventions claimed in
`
`the ’690 Patent, have no substantial non-infringing uses, and are known by Defendant (on
`
`information and belief) to be especially made or especially adapted for use in infringing the
`
`’690 Patent, and which are otherwise not staple articles of commerce suitable for substantial
`
`non-infringing use. Defendant is aware and/or willfully blind that these affirmative acts
`
`infringe and/or constitute contributory infringement of the ’690 Patent, of which it had
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`knowledge.
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`48.
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`Defendant is liable for indirect infringement, i.e., both inducement and
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`contributory infringement, based on the direct infringement that is the result of activities
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`performed by customers, distributors, end-users, vendors including customer-support and/or
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`manufacturers who use all elements or perform all steps of one or more claims of the ’690
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`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe,
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`either directly or under the doctrine of equivalents, one or more claims of the ’690 Patent (e.g.,
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`claims 1-20) by configuring and dynamically resizing logical volumes. At a minimum,
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`Defendant is liable for the indirect infringement of claims 1-20 of the ’690 Patent.
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`49.
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`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
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`infringement has been and continues to be willful. As a result of Defendant’s willful
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`infringement of the ’690 Patent, Plaintiff has suffered damages and will continue to suffer
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`damages.
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`50.
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`Defendant will continue to infringe unless this Court enjoins Defendant and its
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`agents, servants, employees, representatives and all others acting in active concert with it from
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`infringing the ’690 Patent.
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`16
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`Adobe - Exhibit 1132, page 16
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 17 of 27
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`51.
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`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
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`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
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`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together
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`with interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 9,219,780
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`52.
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`SynKloud reasserts and incorporates herein by reference the allegations of all
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`preceding paragraphs of this Complaint as if fully set forth herein.
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`53.
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`On December 22, 2015, the ’780 Patent, entitled “Method and System for
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`Wireless Device Access to External Storage,” was duly and legally issued by the United States
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`Patent and Trademark Office. A true and correct copy of the ’780 Patent is attached as Exhibit
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`2-D.
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`54.
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`Defendant has infringed and continues to infringe at least claims 9-15 of the
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`’780 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
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`using, selling, and/or offering for sale in the United States, and/or importing into the United
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`States, Accused Products and/or Services.
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`55.
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`As just one non-limiting example, set forth in the claim chart, attached as
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`Exhibit 3-D, is a description of exemplary claim 9 of the ’780 Patent. Plaintiff reserves the
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`right to modify this description, including on the basis of information it obtains during
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`discovery.
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`56.
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`Defendant has committed acts of infringement without license or authorization.
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`Defendant knew or should have known that its actions would cause direct and indirect
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`infringement of the ’780 Patent. On information and belief, Defendant acted with objective
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`recklessness by proceeding despite an objective high likelihood that its actions constituted
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`17
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`Adobe - Exhibit 1132, page 17
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`

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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 18 of 27
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`infringement of a valid patent.
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`57.
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`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
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`infringement and continuing to actively induce infringement. Defendant actively induces and
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`continues to induce its customers, distributors, end-users, vendors including customer-support
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`and/or manufacturers to infringe the ’780 Patent. On information and belief, Defendant
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`possessed a specific intent to induce infringement, and in fact did induce infringement, by
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`engaging in affirmative acts such as by selling and causing the Accused Products and/or
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`Services to be manufactured, by providing user guides, installation or instruction manuals, and
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`other training materials, by advertising and solicitation and otherwise providing sales-related
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`materials, and by instructing and/or demonstrating to customers, distributers, end-users,
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`vendors including customer-support and/or manufacturers the normal operation of the Accused
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`Products and/or Services that infringe the ’780 Patent. Defendant is aware and/or willfully
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`blind that these affirmative acts infringe and/or would induce infringement of the ’780 Patent,
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`of which it had knowledge.
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`58.
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`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
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`continuing to contribute to the infringement of the ’780 Patent by, among other things,
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`providing seamless external storage capability that operates as internal storage in its Accused
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`Products and/or Services and by encouraging, at a minimum, customers, distributors, end-
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`users, vendors including customer-support and/or manufacturers in this District and elsewhere,
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`to infringe the ’780 Patent. By importing, exporting, manufacturing, distributing, selling,
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`and/or providing the Accused Products and/or Services for their intended use to customers,
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`distributors, end-users, vendors including customer-support and/or manufacturers, Defendant
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`has in the past and continues to contribute to the infringement of one or more claims of the
`
`18
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`Adobe - Exhibit 1132, page 18
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`Case 6:19-cv-00526 Document 1 Filed 09/06/19 Page 19 of 27
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`’780 Patent. The Accused Products and/or Services are material to the inventions claimed in
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`the ’780 Patent, have no substantial non-infringing uses, and are known by Defendant (on
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`information and belief) to be especially made or especially adapted for use in infringing the
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`’780 Patent, and which are otherwise not staple articles of commerce suitable for substantial
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`non-infringing use. Defendant is aware and/or willfully blind that these affirmative acts
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`infringe and/or constitute contributory infringement of the ’780 Patent, of which it had
`
`knowledge.
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`59.
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`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’780
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe,
`
`either directly or under the doctrine of equivalents, one or more claims of the ’780 Patent (e.g.,
`
`claims 9-15) by configuring and dynamica