IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`SABLE NETWORKS, INC. AND
`SABLE IP, LLC,
`
`
`
`Plaintiffs,
`
`v.
`
`
`JUNIPER NETWORKS, INC.,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 6:20-cv-00524-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`SABLE NETWORKS, INC. AND SABLE IP, LLC’S
`AMENDED PRELIMINARY INFRINGEMENT CONTENTIONS
`
`In accordance with the Footnote 4 of the Court’s September 2, 2020 Order Governing
`
`Proceedings, Plaintiffs Sable Networks, Inc. and Sable IP, LLC (collectively, “Sable” or
`
`“Plaintiffs”) provide the following Amended Disclosures and Preliminary Infringement
`
`Contentions relative to Defendant Juniper Networks, Inc. (“Juniper” or “Defendant”). This
`
`disclosure is made solely for the purpose of this action.
`
`Discovery in this matter is at an early stage and is ongoing. Defendant has not yet
`
`produced any documents and things, or provided any deposition testimony or other discovery in
`
`this action. Sable’s investigation regarding these and other potential grounds of infringement is
`
`ongoing. This disclosure is therefore based upon information that Sable has been able to obtain
`
`publicly, together with Sable’s current good faith beliefs regarding the Accused Products and is
`
`given without prejudice to Sable’s right to obtain leave to supplement or amend its disclosure as
`
`additional facts are ascertained, analyses are made, research is completed and claims are
`
`construed.
`
`
`
`
`1
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`
`
`
`
`EX1047
`Palo Alto Networks v. Sable Networks
`IPR2020-01712
`
`
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`SABLE NETWORKS, INC. AND
`SABLE IP, LLC,
`
`
`
`Plaintiffs,
`
`v.
`
`
`JUNIPER NETWORKS, INC.,
`
`Defendant.
`
`
`
`
`
`Civil Action No. 6:20-cv-00524-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`SABLE NETWORKS, INC. AND SABLE IP, LLC’S
`AMENDED PRELIMINARY INFRINGEMENT CONTENTIONS
`
`In accordance with the Footnote 4 of the Court’s September 2, 2020 Order Governing
`
`Proceedings, Plaintiffs Sable Networks, Inc. and Sable IP, LLC (collectively, “Sable” or
`
`“Plaintiffs”) provide the following Amended Disclosures and Preliminary Infringement
`
`Contentions relative to Defendant Juniper Networks, Inc. (“Juniper” or “Defendant”). This
`
`disclosure is made solely for the purpose of this action.
`
`Discovery in this matter is at an early stage and is ongoing. Defendant has not yet
`
`produced any documents and things, or provided any deposition testimony or other discovery in
`
`this action. Sable’s investigation regarding these and other potential grounds of infringement is
`
`ongoing. This disclosure is therefore based upon information that Sable has been able to obtain
`
`publicly, together with Sable’s current good faith beliefs regarding the Accused Products and is
`
`given without prejudice to Sable’s right to obtain leave to supplement or amend its disclosure as
`
`additional facts are ascertained, analyses are made, research is completed and claims are
`
`construed.
`
`
`
`
`1
`
`
`
`
`
`EX1047
`Palo Alto Networks v. Sable Networks
`IPR2020-01712
`
`
`
`These disclosures are based at least in part upon Sable’s present understanding of the
`
`meaning and scope of the claims of U.S. Patent Nos. 6,954,431 (the “’431 patent”); 6,977,932
`
`(the “’932 patent”); 7,630,358 (the “’358 patent”); 8,085,775 (the “’775 patent”); 8,243,593 (the
`
`“’593 patent”); and 8,817,790 (the “’790 patent”) (collectively, the “patents-in-suit”) in the
`
`absence of claim construction proceedings or discovery. Sable reserves the right to amend these
`
`preliminary infringement contentions pursuant to Footnote 4 of the Court’s Order Governing
`
`Proceedings to supplement or amend these disclosures when additional materials relating to the
`
`Accused Products are identified, as well as if Sable’s understanding of the claims changes,
`
`including if the Court construes them.
`
`I.
`
`PRELIMINARY INFRINGEMENT CONTENTIONS
`
`Sable provides the charts enclosed herewith showing that Juniper’s products infringe the
`
`patents-in-suit. Sable alleges that the following products: Juniper ACX Universal Metro Router
`
`Model Nos. ACX500, ACX500-O, ACX500-P-POE, ACX710, ACX1000, ACX1100,
`
`ACX2100, ACX2200, ACX4000, ACX5448, ACX5448-D, ACX5448-M, ACX6160, and
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`ACX6360 (collectively, the “Juniper ‘431 Products”) infringe at least claims 1-21, 23-24, and
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`26-29 of the ‘431 patent. The chart enclosed as Exhibit A explains how the Juniper ‘431
`
`Products satisfy each element of the asserted claims of the ‘431 patent.
`
`Sable alleges that the following products: the Juniper NFX150 Network Services
`
`Platform; NFX250 Network Services Platform; and NFX350 Network Services Platform
`
`(collectively, the “Juniper ‘932 Products”) infringe at least claims 1-3, 6-10, 16-17, 20-24, 28 of
`
`the ‘932 patent. The chart enclosed as Exhibit B explains how the Juniper ‘932 Products satisfy
`
`each element of the asserted claims of the ‘932 patent.
`
`Sable alleges that the following products: Juniper Contrail Networking Versions 2005
`
`and 2005.1; Juniper PTX1000 Packet Transport Router; Juniper PTX3000 Packet Transport
`
`
`
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`2
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`
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`Router; Juniper PTX5000 Packet Transport Router; Juniper PTX10008 Packet Transport Router;
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`and Juniper PTX10016 Packet Transport Router (collectively, the “Juniper ‘358 Products”)
`
`infringe at least claims 1-12, 14-17, 23-25, 43-51, and 61 of the ‘358 patent. The chart enclosed
`
`as Exhibit C explains how the Juniper ‘358 Products satisfy each element of the asserted claims
`
`of the ‘358 patent.
`
`Sable alleges that the following products: Junos Space Security Director versions 17.2R1
`
`and later; NFX150 Network Services Platform; NFX250 Network Services Platform; and
`
`NFX350 Network Services Platform (collectively, the “Juniper ‘775 Products”) infringe at least
`
`claims 1-3 of the ‘775 patent. The chart enclosed as Exhibit D explains how the Juniper ‘775
`
`Products satisfy each element of the asserted claims of the ‘775 patent.
`
`Sable alleges that the following products: the MX2000 Universal Routing Platform
`
`(Models Nos: MX2020, MX2010, and MX2008) with DDoS Protection Flow Detection for
`
`Enhanced Subscriber Management Functionality and the Juniper MX10003 Universal Routing
`
`Platform with DDoS Protection Flow Detection for Enhanced Subscriber Management
`
`Functionality (collectively, the “Juniper ‘593 Products”) infringe at least claims 1, 3-12, 14, 16-
`
`18 of the ‘593 patent. The chart enclosed as Exhibit E explains how the Juniper ‘593 Products
`
`satisfy each element of the asserted claims of the ‘593 patent.
`
`Sable alleges that the following products: Junos Space Security Director versions 17.2R1
`
`and later; NFX150 Network Services Platform; NFX250 Network Services Platform; and
`
`NFX350 Network Services Platform (collectively, the “Juniper ‘790 Products”) infringe at least
`
`claims 1-12, 15-17, 19-20, and 25-27 of the ‘790 patent. The chart enclosed as Exhibit F
`
`explains how the Juniper ‘790 Products satisfy each element of the asserted claims of the ‘790
`
`patent.
`
`
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`3
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`Sable anticipates that events in the litigation, such as substantive review of documents
`
`produced by Defendant, further discovery to be provided by Defendant and/or by third parties,
`
`and the Court’s claim construction may impact the patent claims it will allege Defendant
`
`infringes. Sable reserves the right to add to or otherwise modify its identification of claims it
`
`contends are infringed, and/or modify the identification of the accused products. Sable
`
`additionally reserves the right to add to or otherwise modify its identification of the manner in
`
`which the claims are infringed.
`
`Sable reserves the right to amend and/or supplement this disclosure as it obtains
`
`information through discovery in this case. Sable also reserves the right to amend or
`
`supplement this disclosure for any of the following reasons:
`
`(i)
`
`The asserted claims may include elements that involve features that are
`
`implemented by hardware and software structures and logic and Sable’s current positions on
`
`infringement are set forth without the benefit of acquiring the source code or other proprietary
`
`specifications or information, which cannot be obtained through publicly available information,
`
`for the accused products. Therefore, it may be necessary for Sable to supplement its position
`
`on infringement after a complete production of source code or other proprietary specifications
`
`or information by Defendant;
`
`(ii)
`
`Sable’s position on infringement of specific claims will depend on the claim
`
`construction adopted by the Court. Because said construction has not yet occurred, Sable
`
`cannot take a final position on the bases for infringement of the asserted claims; and
`
`(iii)
`
`Sable’s investigation and analysis of Defendant’s accused products is based
`
`upon information made publicly available by Defendant and by Sable’s own investigations.
`
`
`
`
`4
`
`
`
`
`
`
`
`Sable reserves the right to amend these contentions based upon discovery of non-public
`
`information that Sable anticipates receiving from Defendant during discovery.
`
`II.
`
`THE PRIORITY DATE OF THE ASSERTED CLAIMS
`
`The asserted claims of the ‘431 patent claim priority to U.S. Application Serial No.
`
`10/006,054, which was filed on December 6, 2001, and which claims priority to U.S. Application
`
`Serial No. 09/552,278, which was filed on April 19, 2000. Upon information and belief, each
`
`asserted claim of the ‘431 patent is entitled, via its earliest effective filing date, at least to the
`
`priority date of April 19, 2000.
`
`The asserted claims of the ‘932 patent claim priority to U.S. Application Serial No.
`
`10/051,864, which was filed on January 16, 2002. Upon information and belief, each asserted
`
`claim of the ‘932 patent is entitled, via its earliest effective filing date, at least to the priority date
`
`of January 16, 2002.
`
`The asserted claims of the ‘358 patent claim priority to U.S. Application Serial No.
`
`10/192,766, which was filed on July 9, 2002, and which claims priority to U.S. Provisional
`
`Application Serial No. 60/304,259, which was filed on July 9, 2001. Upon information and
`
`belief, each asserted claim of the ‘358 patent is entitled, via its earliest effective filing date, at
`
`least to the priority date of July 9, 2001.
`
`The asserted claims of the ‘775 patent claim priority to U.S. Application Serial No.
`
`11/497,002, which was filed on July 31, 2006. Upon information and belief, each asserted claim
`
`of the ‘775 patent is entitled, via its earliest effective filing date, at least to the priority date of
`
`July 31, 2006.
`
`The asserted claims of the ‘593 patent claim priority to U.S. Application Serial No.
`
`11/022,599, which was filed on December 22, 2004. Upon information and belief, each asserted
`
`
`
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`5
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`
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`claim of the ‘593 patent is entitled, via its earliest effective filing date, at least to the priority date
`
`of December 22, 2004.
`
`The asserted claims of the ‘790 patent claim priority to U.S. Application Serial No.
`
`13/244,082, which was filed on September 23, 2011, and which claims priority to U.S.
`
`Application Serial No. 11/497,002, which was filed on July 31, 2006. Upon information and
`
`belief, each asserted claim of the ‘790 patent is entitled, via its earliest effective filing date, at
`
`least to the priority date of July 31, 2006.
`
`III. DOCUMENTS EVIDENCING CONCEPTION AND REDUCTION TO
`PRACTICE
`
`Sable is presently unaware of any documents that may relate to the conception, reduction
`
`to practice, design, and development created on or before the priority date of the priority
`
`application date of the patents-in-suit. A diligent search continues for documents and Sable
`
`reserves the right to supplement this response.
`
`IV.
`
`FILE HISTORY
`
`The file history for
`
`the patent-in-suit
`
`is
`
`labeled as SBL-JNP_0000001-SBL-
`
`JNP_0001523, and was produced contemporaneously to Plaintiffs’ September 10, 2020
`
`Disclosures and Preliminary Infringement Contentions.
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`6
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` Dated: September 17, 2020
`
`Respectfully submitted,
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Dorian Berger____________________
`Elizabeth L. DeRieux
`State Bar No. 05770585
`Capshaw DeRieux, LLP
`114 E. Commerce Ave.
`Gladewater, TX 75647
`Telephone: (903) 845-5770
`Email: ederieux@capshawlaw.com
`
`Dorian S. Berger (CA SB No. 264424)
`Daniel P. Hipskind (CA SB No. 266763)
`BERGER & HIPSKIND LLP
`9538 Brighton Way, Suite 320
`Beverly Hills, CA 90210
`Telephone: 323-886-3430
`Facsimile: 323-978-5508
`E-mail: dsb@bergerhipskind.com
`E-mail: dph@bergerhipskind.com
`
`Attorneys for Sable Networks, Inc.
`and Sable IP, LLC
`
`
`
`FOOTNOTE 4 CERTIFICATION
`
`Pursuant to Footnote 4 of the Court’s September 2, 2020 Order Governing Proceedings,
`
`the undersigned certifies that it undertook reasonable efforts to prepare its original Disclosures
`and Preliminary Infringement Contentions served on Defendant on September 10, 2020. This
`amendment is based on material identified by Plaintiffs after Plaintiffs’ September 10, 2020
`Preliminary Infringement Contentions were served. This amendment does not add any patent
`claims.
`
`
`
`Dated: September 17, 2020
`
`
`
` /s/ Dorian Berger
` Dorian Berger
`
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`7
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that a copy of the foregoing document was served on all
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`counsel who have appeared in this case on September 17, 2020, via email and the
`accompanying claim charts have been served on counsel for Defendant via email on this date as
`well.
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`
`
`Dated: September 17, 2020
`
`
`
`
` /s/ Dorian Berger
` Dorian Berger
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`8
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