`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`
`MICROSOFT CORPORATION,
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`
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`v.
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`SYNKLOUD TECHNOLOGIES, LLC,
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`
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`
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`
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`Plaintiff,
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`Defendant
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`C.A. No.
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`JURY TRIAL DEMANDED
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`)
`)
`)
`)
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`)
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`COMPLAINT FOR DECLARATORY JUDGMENT
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`Microsoft Corporation (“Microsoft”) hereby alleges for its complaint against SynKloud
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`Technologies, LLC (“SynKloud”) on personal knowledge as to its own activities and on
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`information and belief as to the activities of others as follows:
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`NATURE OF THE ACTION
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`1.
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`This is an action for a declaratory judgment of non-infringement arising
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`under the patent laws of the United States, 35 U.S.C. § 1, et seq., and the Declaratory Judgment
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`Act, 28 U.S.C. § 2201. Microsoft seeks relief because Defendant SynKloud has made clear
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`through its actions that it intends to assert at least one claim of United States Patent Nos. 9,098,526
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`(“the ’526 Patent”), 10,015,254 (“the ’254 Patent”), 8,606,880 (“the ’6880 Patent”), 8,856,195
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`(“the ’195 Patent”), 8,868,690 (“the ’690 Patent”), 9,219,780 (“the ’780 Patent”), 9,239,686 (“the
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`’686 Patent”), 7,870,225 (“the ’225 Patent”), 7,792,923 (“the ’923 Patent”), 7,849,153 (“the ’153
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`Patent”) and 7,457,880 (“the ’7880 Patent”) (collectively, “the Patents-in-Suit”) against
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`Microsoft’s products and services.
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`2.
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`Microsoft has not infringed, and is not infringing, any claims of the Patents-
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`in-Suit. Microsoft thus seeks a declaratory judgment that, through its actions or through the
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`normal, advertised and expected use of its products, services or technology, it has not infringed,
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`Adobe - Exhibit 1133, page 1
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 2 of 17 PageID #: 2
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`induced others to infringe, or contributed to the infringement by others of any claim of the Patents-
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`in-Suit.
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`3.
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`This relief is appropriate because Defendant SynKloud has alleged in this
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`district that HP Inc. (“HP”), one of Microsoft’s original equipment manufacturers (“OEMs”),
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`infringes the ’225, ’526 and ’254 Patents in part because of HP’s inclusion of Microsoft’s
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`OneDrive cloud storage software (“OneDrive”) in the accused HP products. SynKloud’s
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`Amended Complaint against HP further identifies that: (1) the ’225 Patent is related to the ’923
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`Patent; (2) the ’526 Patent is related to the ’690 and ’6880 Patents; and (3) the ’254 Patent is related
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`to the ’686 and ’6880 Patents. SynKloud Techs., LLC v. HP Inc., 1:19-cv-1360-RGA, D.I. 15 at
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`3, 8 and 12 (D. Del. Nov. 12, 2019). Further, SynKloud has launched a litigation campaign based
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`on the Patents-in-Suit, including filing suit against a number of Microsoft competitors in the cloud
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`storage industry alleging that they also infringe certain Patents-in-Suit on their counterpart cloud
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`storage technology. In its other lawsuits, SynKloud has asserted one or more of the Patents-in-
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`Suit selectively while making the same or substantially similar allegations regarding the allegedly
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`infringing conduct.
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`4.
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`These activities by SynKloud, including SynKloud’s claims and references
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`to Microsoft software, have placed a cloud over Microsoft and its products and have created a
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`substantial, definite, concrete and immediate justiciable controversy between Microsoft and
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`SynKloud over whether Microsoft’s software and services infringe any of the Patents-in-Suit.
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`PARTIES
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`5.
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`Plaintiff Microsoft is a Washington state corporation with its principal place
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`of business located at One Microsoft Way, Redmond, Washington 98052.
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`6.
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`On information and belief, Defendant SynKloud is a limited liability
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`2
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`Adobe - Exhibit 1133, page 2
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 3 of 17 PageID #: 3
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`company organized under the laws of the State of Delaware with its principal place of business at
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`124 Broadkill Road, Suite 415, Milton, DE 19968.
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`JURISDICTION AND VENUE
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`7.
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`This action arises under the United States patent laws and includes a request
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`for declaratory relief under 28 U.S.C. §§ 2201 and 2202.
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`8.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331, 1338,
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`and 2201, and 35 U.S.C. § 1, et seq.
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`9.
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`SynKloud is subject to personal jurisdiction in this judicial district.
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`SynKloud is a Delaware limited liability company with its primary place of business located within
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`this district, and it has sufficient business or contacts within the State of Delaware to justify
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`jurisdiction under the United States Constitution and the Delaware Long Arm Statute.
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`10.
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`Venue is proper under 28 U.S.C. §§ 1391(b)-(c) and 28 U.S.C. § 1400(b).
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`EXISTENCE OF AN ACTUAL CONTROVERSY
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`11. Microsoft re-alleges and incorporates by reference each of Paragraphs 1-10
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`above.
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`12.
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`An actual controversy exists within the jurisdiction of this Court under
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`28 U.S.C. §§ 2201 and 2202.
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`13.
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`SynKloud purports to be the current owner of the ’526 Patent, entitled
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`“System and Method for Wireless Device Access to External Storage.” The ’526 Patent has been
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`asserted by SynKloud against HP. A copy of the ’526 Patent is attached hereto as Exhibit A.
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`14.
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`SynKloud purports to be the current owner of the ’254 Patent, entitled
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`“System and Method for Wireless Device Access to External Storage.” The ’254 Patent is in the
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`3
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`Adobe - Exhibit 1133, page 3
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 4 of 17 PageID #: 4
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`same family as the ’526 Patent and has been asserted by SynKloud against HP. A copy of the ’254
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`Patent is attached hereto as Exhibit B.
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`15.
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`SynKloud purports to be the current owner of the ’6880 Patent, entitled
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`“Use of Wireless Devices’ External Storage.” The ’6880 Patent is in the same family as the ’526
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`and ’254 Patents and was identified by SynKloud in its Amended Complaint against HP. A copy
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`of the ’6880 Patent is attached hereto as Exhibit C.
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`16.
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`SynKloud purports to be the current owner of the ’195 Patent, entitled
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`“Method and System for Wireless Device Access to External Storage.” The ’195 Patent is in the
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`same family as the ’526, ’254 and ’6880 Patents. A copy of the ’195 Patent is attached hereto as
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`Exhibit D.
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`17.
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`SynKloud purports to be the current owner of the ’690 Patent, entitled
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`“System and Method for Support Wireless Device Access to External Storage.” The ’690 Patent
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`is in the same family as the ’526, ’254, ’6880 and ’195 Patents and was identified by SynKloud in
`
`its Amended Complaint against HP. A copy of the ’690 Patent is attached hereto as Exhibit E.
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`18.
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`SynKloud purports to be the current owner of the ’780 Patent, entitled
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`“Method and System for Wireless Device Access to External Storage.” The ’780 Patent is in the
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`same family as the ’526, ’254, ’6880, ’195 and ’690 Patents. A copy of the ’780 Patent is attached
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`hereto as Exhibit F.
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`19.
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`SynKloud purports to be the current owner of the ’686 Patent, entitled
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`“Method and Apparatus for Wireless Devices Access to External Storage.” The ’686 Patent is in
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`the same family as the ’526, ’254, ’6880, ’195, ’690 and ’780 Patents and was identified by
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`SynKloud in its Amended Complaint against HP. A copy of the ’686 Patent is attached hereto as
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`Exhibit G.
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`4
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`Adobe - Exhibit 1133, page 4
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 5 of 17 PageID #: 5
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`20.
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`SynKloud purports to be the current owner of the ’225 Patent, entitled “Disk
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`System Adapted to be Directly Attached to network.” A copy of the ’225 Patent is attached hereto
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`as Exhibit H.
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`21.
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`SynKloud purports to be the current owner of the ’923 Patent, entitled “Disk
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`System Adapted to be Directly Attached to Network.” The ’923 Patent is in the same family as
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`the ’225 Patent and was identified by SynKloud in its Amended Complaint against HP. A copy
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`of the ’923 Patent is attached hereto as Exhibit I.
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`22.
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`SynKloud purports to be the current owner of the ’153 Patent, entitled
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`“Method and System for Wireless Device Access to External Storage.” The ’153 Patent is in the
`
`same family as the ’225 and ’923 Patents. A copy of the ’153 Patent is attached hereto as Exhibit
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`J.
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`23.
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`SynKloud purports to be the current owner of the ’7880 Patent, entitled
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`“System Using a Single Host to Receive and Redirect All File Access Commands for Shared Data
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`Storage Device From Other Hosts on a Network.” A copy of the ’7880 Patent is attached hereto
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`as Exhibit K.
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`24.
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`Since at least 2007, Microsoft has developed, marketed, used and offered
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`for sale its OneDrive software. OneDrive allows users to safely and securely store data on a cloud
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`storage service while also allowing users to access that stored data from multiple devices.
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`25.
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`On July 22, 2019, SynKloud filed an action against HP in the District of
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`Delaware alleging infringement of the ’526 and ’254 Patents. See SynKloud Techs., LLC v. HP
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`Inc., No. 1:19-cv-01360-RGA (D. Del.). On November 12, 2019, SynKloud amended its
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`Complaint to also include allegations regarding the ’225 Patent as well as a fourth patent unrelated
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`5
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`Adobe - Exhibit 1133, page 5
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 6 of 17 PageID #: 6
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`to the technology at issue here. SynKloud’s Amended Complaint further identified the ’923,
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`’6880, ’690 and ’686 Patents as being related to the ’225, ’526 and ’254 Patents.
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`26.
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`In its Amended Complaint against HP, SynKloud included claim charts
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`purporting to support its infringement theories. These claim charts accuse Microsoft’s products,
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`services and technology, including Microsoft OneDrive of infringing the ’225, ’526 and ’254
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`Patents. Copies of these claim charts are attached as Exhibits L, M, and N.
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`27.
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`SynKloud has further initiated a litigation campaign, including against a
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`number of Microsoft competitors accusing cloud storage technology similar to that accused in the
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`HP action as infringing patents with substantially similar claims as those patents asserted against
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`HP. SynKloud has asserted one or more of the Patents-in-Suit in each case of its litigation
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`campaign. See SynKloud Techs., LLC v. Dropbox, Inc., No. 6:19-cv-00525-ADA (W.D. Tex.,
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`Waco Division) (asserting ’7880 Patent); SynKloud Techs., LLC v. Dropbox, Inc., No. 6:19-cv-
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`00526-ADA (W.D. Tex., Waco Division) (asserting ’254, ’6880, ’195, ’690, ’780 and ’686
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`Patents); SynKloud Techs., LLC v. Adobe Inc., No. 6:19-cv-00527-ADA (W.D. Tex., Waco
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`Division) (asserting ’254, ’6880, ’195, ’690, ’780 and ’686 Patents); and SynKloud Techs., LLC v.
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`BLU Products, Inc., No. 1:19-cv-00553-RGA (D. Del.) (asserting ’254, ’526 and ’780 Patents).
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`28.
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`These actions, in combination with its public statements, have made clear
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`that SynKloud intends to enforce its patent portfolio broadly and generically against the entire
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`cloud storage industry, and against Microsoft products specifically. SynKloud claims that it is “a
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`research and Intellectual Property Licensing company . . . focused on providing needed Intellectual
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`Property Solutions for the cloud computing industry and beyond.”1 SynKloud further alleges that
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`it “offer[s] a beneficial and transparent portfolio license to the [cloud computing] industry under
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`1 See https://www.synkloud.com.
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`Adobe - Exhibit 1133, page 6
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 7 of 17 PageID #: 7
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`its entire patent portfolio . . . .” It “offers portfolio licenses to customers, users and industry
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`participants under the entire SynKloud portfolio . . . .”2 Each of the Patents-in-Suit is part of this
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`“SynKloud portfolio.”3 SynKloud also claims that its portfolio is directed to products in every
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`space of cloud storage technology:
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`
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`29.
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`Neither Microsoft nor any of its products, services or technology infringe
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`or have infringed, directly or indirectly, any claim of the Patents-in-Suit. However, SynKloud’s
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`claims, allegations and statements directed to the cloud storage industry generally and OneDrive
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`specifically have placed a cloud of uncertainty over Microsoft and its products. This uncertainty
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`has created a substantial, definite, concrete and immediate justiciable controversy between
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`2 See https://www.synkloud.com/licensing.
`3 See https://www.synkloud.com/portfolio.
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`7
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`Adobe - Exhibit 1133, page 7
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 8 of 17 PageID #: 8
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`Microsoft and SynKloud regarding the Patents-in-Suit. Regardless of its public assertions to date,
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`SynKloud’s actions demonstrate that it intends to assert the ’6880, ’195, ’690, ’780, ’686, ’923,
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`’153 and ’7880 Patents against Microsoft, Microsoft products, and/or Microsoft OEMs, as it
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`already has asserted patents selectively from the same families, which contain claims that are
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`substantially similar. Each of the Patents-in-Suit that has not yet been asserted in court against a
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`Microsoft product or customer has claims that are substantially similar to the ’526, ’254 and ’225
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`Patents asserted against HP. Compare, e.g., Exhibit A (the ’526 Patent), Claim 1 (“establish a
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`wireless link for the wireless device access to a storage space of a predefined capacity assigned
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`exclusively to a user of the wireless device by a storage server”) and Exhibit F (the ’780 Patent),
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`claim 1 (“program instructions for establishing a wireless link for remotely access to the storage
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`space, the storage space allocated exclusively by a storage server to a user of the wireless device”);
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`compare Exhibit H (the ’255 patent), claim 1 (“the virtual host bus adapter controlling the NAD
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`in a way indistinguishable from the way as a physical host bus adapter device controls device so
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`that the host recognizes the NAD as if it is a local device connected directly to the system bus of
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`the host) and Exhibit J (the ’153 patent), claim 1 (“the virtual host bus adapter controlling the
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`device in a way indistinguishable from the way it is controlled as a physical host bus adapter device
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`controlling the same type of device so that the host recognizes the device as if it is a local device
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`connected directly to the system bus of the host”); see also Exhibits A, B, D-G (claiming priority
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`to Appl. No. 10/726,897 which issued as the ’6880 Patent).
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`30.
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`Accordingly, SynKloud’s statements and actions show that there is a
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`substantial controversy between Microsoft and SynKloud of sufficient immediacy and reality
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`conferring jurisdiction upon this Court pursuant to the Declaratory Judgment Act, 28 U.S.C. §§
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`2201 and 2202.
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`8
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`Adobe - Exhibit 1133, page 8
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 9 of 17 PageID #: 9
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`COUNT I
`NONINFRINGEMENT OF U.S. PATENT NO. 9,098,526
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`31. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-30 as
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`if set forth herein in their entirety.
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`32.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’526 Patent. For example, Microsoft OneDrive does not
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`contain a “storage space of a predefined capacity assigned exclusively to a user of the wireless
`
`device by a storage server,” which is required by all the claims of the ’526 Patent.
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`33.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’526 Patent.
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`34. Microsoft seeks a declaration that it does not infringe any claim of the ’526
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`Patent.
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`COUNT II
`NONINFRINGEMENT OF U.S. PATENT NO. 10,015,254
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`35. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-34 as
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`if set forth herein in their entirety.
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`36.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’254 Patent. For example, Microsoft OneDrive does not
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`“carry out a requested operation for accessing [a] remote storage space in response to a user,
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`through the remote storage space displayed on [a] wireless device, performing [an] operation,”
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`which is required by all the claims of the ’254 Patent.
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`9
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`Adobe - Exhibit 1133, page 9
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 10 of 17 PageID #: 10
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`37.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
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`the ’254 Patent.
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`38. Microsoft seeks a declaration that it does not infringe any claim of the ’254
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`Patent.
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`
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`COUNT III
`NONINFRINGEMENT OF U.S. PATENT NO. 8,606,880
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`39. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-38 as
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`if set forth herein in their entirety.
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`40.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’6880 Patent. For example, Microsoft’s OneDrive does not
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`“allocate[e] via a server a storage space of a predefined capacity for [a] wireless device,” which is
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`required by all the claims of the ’6880 Patent.
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`41.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
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`the ’6880 Patent.
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`42. Microsoft seeks a declaration that it does not infringe any claim of the ’6880
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`Patent.
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`COUNT IV
`NONINFRINGEMENT OF U.S. PATENT NO. 8,856,195
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`43. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-42 as
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`if set forth herein in their entirety.
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`44.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’195 Patent. For example, Microsoft’s OneDrive does not
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`10
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`Adobe - Exhibit 1133, page 10
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 11 of 17 PageID #: 11
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`“allocat[e] via a server a storage space of a predefined capacity for [a] wireless device,” which is
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`required by all the claims of the ’195 Patent.
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`45.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’195 Patent.
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`46. Microsoft seeks a declaration that it does not infringe any claim of the ’195
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`Patent.
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`COUNT V
`NONINFRINGEMENT OF U.S. PATENT NO. 8,868,690
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`47. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-46 as
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`if set forth herein in their entirety.
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`48.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’690 Patent. For example, Microsoft’s OneDrive does not
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`“allocate, via [a] storage device, a storage space of a predefined capacity to a wireless device,”
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`which is required by all the claims of the ’690 Patent.
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`49.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’690 Patent.
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`50. Microsoft seeks a declaration that it does not infringe any claim of the ’690
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`Patent.
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`COUNT VI
`NONINFRINGEMENT OF U.S. PATENT NO. 9,219,780
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`51. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-50 as
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`if set forth herein in their entirety.
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`11
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`Adobe - Exhibit 1133, page 11
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 12 of 17 PageID #: 12
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`52.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’780 Patent. For example, Microsoft’s OneDrive does not
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`have “storage space allocated exclusively by a storage server to a user of [a] wireless device,”
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`which is required by all the claims of the ’780 Patent.
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`53.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
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`the ’780 Patent.
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`54. Microsoft seeks a declaration that it does not infringe any claim of the ’780
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`Patent.
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`COUNT VII
`NONINFRINGEMENT OF U.S. PATENT NO. 9,239,686
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`55. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-54 as
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`if set forth herein in their entirety.
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`56.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’686 Patent. For example, Microsoft’s OneDrive does not
`
`include “program instructions for allocating exclusively a first . . . storage space to a user of a first
`
`wireless device,” which is required by all the claims of the ’686 Patent.
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`57.
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`A substantial, definite, concrete and immediate justiciable controversy
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`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
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`the ’686 Patent.
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`58. Microsoft seeks a declaration that it does not infringe any claim of the ’686
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`Patent.
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`12
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`Adobe - Exhibit 1133, page 12
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 13 of 17 PageID #: 13
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`
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`COUNT VIII
`NONINFRINGEMENT OF U.S. PATENT NO. 7,870,225
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`59. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-58 as
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`if set forth herein in their entirety.
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`60.
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`Neither Microsoft nor its products, services or technology have infringed,
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`directly or indirectly, any claim of the ’225 Patent. For example, Microsoft’s OneDrive does not
`
`contain a “virtual host bus adapter controlling [a network-attached device] in a way
`
`indistinguishable from the way as a physical host bus adapter device[s] so that the host recognizes
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`the [network-attached device] as if it is a local device connected directly to the system bus of the
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`host,” which is required by all the claims of the ’225 Patent.
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`61.
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`A substantial, definite, concrete and immediate justiciable controversy
`
`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’225 Patent.
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`62. Microsoft seeks a declaration that it does not infringe any claim of the ’225
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`Patent.
`
`COUNT IX
`NONINFRINGEMENT OF U.S. PATENT NO. 7,792,923
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`63. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-62 as
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`if set forth herein in their entirety.
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`64.
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`Neither Microsoft nor its products, services or technology have infringed,
`
`directly or indirectly, any claim of the ’923 Patent. For example, Microsoft’s OneDrive does not
`
`contains a controller “wherein access to the disk is operatively controlled by the disk controller
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`[and] no disk access command is required to be routed through a server,” which is required by all
`
`the claims of the ’923 Patent.
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`13
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`Adobe - Exhibit 1133, page 13
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`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 14 of 17 PageID #: 14
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`65.
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`A substantial, definite, concrete and immediate justiciable controversy
`
`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’923 Patent.
`
`66. Microsoft seeks a declaration that it does not infringe any claim of the ’923
`
`Patent.
`
`COUNT X
`NONINFRINGEMENT OF U.S. PATENT NO. 7,849,153
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`67. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-66 as
`
`if set forth herein in their entirety.
`
`68.
`
`Neither Microsoft nor its products, services or technology have infringed,
`
`directly or indirectly, any claim of the ’153 Patent. For example, Microsoft’s OneDrive storage
`
`devices are not “controll[ed] in a way indistinguishable from the way” user device “physical host
`
`bus adapter device[s] control[] the same type of device so that” user devices recognize storage
`
`devices “as if [they are] a local device connected directly to the system bus” of the user device,
`
`which is required by all the claims of the ’153 Patent.
`
`69.
`
`A substantial, definite, concrete and immediate justiciable controversy
`
`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’153 Patent.
`
`70. Microsoft seeks a declaration that it does not infringe any claim of the ’153
`
`Patent.
`
`COUNT XI
`NONINFRINGEMENT OF U.S. PATENT NO. 7,457,880
`
`71. Microsoft re-alleges and incorporates the allegations of Paragraphs 1-70 as
`
`if set forth herein in their entirety.
`
`RLF1 22674304v.2
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`14
`
`Adobe - Exhibit 1133, page 14
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`
`
`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 15 of 17 PageID #: 15
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`
`
`72.
`
`Neither Microsoft nor its products, services or technology have infringed,
`
`directly or indirectly, any claim of the ’7880 Patent. For example, Microsoft’s OneDrive does not
`
`have “a plurality of hosts coupled at a device level to [a] data storage device.”
`
`73.
`
`A substantial, definite, concrete and immediate justiciable controversy
`
`exists between Microsoft and SynKloud with respect to whether Microsoft infringes any claim of
`
`the ’7880 Patent.
`
`74. Microsoft seeks a declaration that it does not infringe any claim of the ’7880
`
`Patent.
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, Microsoft prays for an Order and entry of Judgment against SynKloud as
`
`follows:
`
`A.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’526
`
`Patent;
`
`B.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’254
`
`Patent;
`
`C.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’6880
`
`Patent;
`
`D.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’195
`
`Patent;
`
`E.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’690
`
`Patent;
`
`F.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’780
`
`Patent;
`
`RLF1 22674304v.2
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`15
`
`Adobe - Exhibit 1133, page 15
`
`
`
`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 16 of 17 PageID #: 16
`
`
`
`G.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’686
`
`Patent;
`
`H.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’225
`
`Patent;
`
`I.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’923
`
`Patent;
`
`J.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’153
`
`Patent;
`
`K.
`
`Declaring that Microsoft does not infringe, directly or indirectly, the ’7880
`
`Patent;
`
`L.
`
`Declaring the case exceptional under 35 U.S.C. § 285 and awarding
`
`Microsoft its reasonable attorneys’ fees in this action;
`
`Awarding Microsoft its costs and expenses in this action; and
`
`Granting such other and further relief as the Court deems proper and just.
`
`M.
`
`N.
`
`DEMAND FOR JURY TRIAL
`
`Microsoft, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury
`
`of any issues so triable by right.
`
`
`
`
`
`RLF1 22674304v.2
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`
`
`
`
`16
`
`Adobe - Exhibit 1133, page 16
`
`
`
`Case 1:20-cv-00007-UNA Document 1 Filed 01/03/20 Page 17 of 17 PageID #: 17
`
`
`
`
`
`
`
`
`
`OF COUNSEL:
`
`Richard A. Cederoth
`SIDLEY AUSTIN LLP
`One South Dearborn
`Chicago, IL 60603
`(312) 853-7000
`
`Ching-Lee Fukuda
`Ketan V. Patel
`SIDLEY AUSTIN LLP
`787 Seventh Avenue
`New York, NY 10019
`(212) 839-5300
`
`
`
`Dated: January 3, 2020
`
`
`
`
`
`
`/s/ Kelly E. Farnan
`Kelly E. Farnan (#4395)
`Travis S. Hunter (#5350)
`Richards, Layton & Finger, P.A.
`One Rodney Square
`920 N. King Street
`Wilmington, DE 19801
`(302) 651-7700
`farnan@rlf.com
`hunter@rlf.com
`
`Attorneys for Plaintiff Microsoft Corporation
`
`
`RLF1 22674304v.2
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`17
`
`Adobe - Exhibit 1133, page 17
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`