Case 2:21-cv-00040-JRG Document 34-3 Filed 05/18/21 Page 1 of 5 PageID #: 353
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`Exhibit 6
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`
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`Exhibit 6
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`
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`Case 2:16-cv-00693-RWS-RSP Document 29 Filed 08/26/16 Page 1 of 97 PageID #: 816Case 2:21-cv-00040-JRG Document 34-3 Filed 05/18/21 Page 2 of 5 PageID #: 354
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`Case No. 2:16-cv-00693-JRG
`
`Jury Trial Demanded
`
`ALACRITECH, INC., a California corporation,
`
`Plaintiff,
`
`v.
`
`TIER 3, INC., a Washington corporation,
`SAVVIS COMMUNICATIONS CORP., a
`Missouri corporation,
`CENTURYLINK COMMUNICATIONS LLC, a
`Louisiana corporation,
`
`
`Defendants.
`
`
`
`PLAINTIFF'S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`In this action for patent infringement under 35 U.S.C. § 271, Plaintiff Alacritech, Inc.
`
`("Alacritech"), by and through its undersigned counsel, complains and alleges as follows against
`
`Defendants Tier 3, Inc., Savvis Communications Corp., and CenturyLink Communications LLC,
`
`based on Alacritech's own personal knowledge with respect to its own actions and upon
`
`information and belief with respect to others' actions:
`
`THE PARTIES
`
`1.
`
`Alacritech is a California corporation with its principal place of business at P.O.
`
`Box 20307, San Jose, California 95160.
`
`2.
`
`Tier 3, Inc. is a Washington corporation with its principal place of business at
`
`1120 112th Ave NE, Ste. 200, Bellevue, Washington 98004-4505.
`
`3.
`
`Savvis Communications Corp. is a Missouri corporation with its principal place of
`
`business at 1 Savvis Parkway, Town & Country, Missouri 63017.
`
`06973-00001/8291414.2
`
`1
`
`
`
`
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`Case 2:16-cv-00693-RWS-RSP Document 29 Filed 08/26/16 Page 12 of 97 PageID #: 827Case 2:21-cv-00040-JRG Document 34-3 Filed 05/18/21 Page 3 of 5 PageID #: 355
`
`demand-with-centurylink.pdf; "CenturyLink
`
`- Texas DIR Price List," available at
`
`http://www.centurylink.com/business/texas/pdf/nortel-platforms-msrp-dir-sdd-1472-
`
`pr130199.pdf.
`
`35.
`
`A large and growing portion of CenturyLink's revenue is tied to the infringing
`
`data centers and the products and services described above. Without the benefit of Alacritech's
`
`patented technologies, the infringing data centers and services that CenturyLink operates and
`
`provides would cost substantially more and/or suffer a significant degradation in performance,
`
`hurting CenturyLink's business as a result.
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,124,205
`
`36.
`
`Alacritech re-alleges and incorporates by reference each of the allegations of the
`
`paragraphs set forth above as though fully set forth herein.
`
`37.
`
`Alacritech is the current exclusive owner and assignee of all right, title, and
`
`interest in and to U.S. Patent No. 7,124,205 (the "'205 patent"), titled "Network Interface Device
`
`that Fast-Path Processes Solicited Session Layer Read Commands," duly and legally issued by
`
`the United States Patent and Trademark Office on October 17, 2006, including the right to bring
`
`this suit for injunctive relief and damages. A true and correct copy of the '205 patent is attached
`
`hereto as Exhibit A.
`
`38.
`
`39.
`
`The '205 patent is valid and enforceable.
`
`CenturyLink has directly infringed and is currently directly infringing the '205
`
`patent by making, using, selling, offering for sale, and/or importing into the United States,
`
`without authority, products, methods, equipment, and/or services that practice one or more
`
`claims of the '205 patent in connection with infringing RSC, InfiniBand and/or RoCE
`
`functionality, including but not limited to as a part of operating its data centers; as a part of
`
`06973-00001/8291414.2
`
`12
`
`
`
`
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`Case 2:16-cv-00693-RWS-RSP Document 29 Filed 08/26/16 Page 18 of 97 PageID #: 833Case 2:21-cv-00040-JRG Document 34-3 Filed 05/18/21 Page 4 of 5 PageID #: 356
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`
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`41.
`
`As of no later than the filing and service of the first-filed complaint in Alacritech
`
`Inc. v. CenturyLink, Inc., No. 2:16-cv-00693-JRG (E.D. Tex. first filed June 30, 2016), Dkt. 1
`
`(hereinafter, the “Original Complaint”), CenturyLink is also indirectly infringing the '205 patent.
`
`42.
`
`CenturyLink has actual knowledge of Alacritech's rights in the '205 patent and
`
`details of CenturyLink's infringement of the '205 patent based on at least the filing and service of
`
`the Original Complaint.
`
`43.
`
`CenturyLink makes, uses, imports, offers for sale, and/or sells the '205 Accused
`
`Activities (including, for example, those described above) with knowledge of or willful blindness
`
`to the fact that its actions will induce CenturyLink's customers to infringe the '205 patent.
`
`CenturyLink induces others to infringe the '205 patent in violation of 35 U.S.C. § 271 by
`
`encouraging and facilitating others to practice the '205 patent's inventions for accelerated
`
`network communications with intent that those performing the acts infringe the '205 patent. For
`
`example, CenturyLink provides '205 Accused Activities, such as services wherein CenturyLink
`
`supports and provides, sets up and/or operates equipment for its customers, causing its customers
`
`to perform infringing RSC functionality and practice the InfiniBand and/or RoCE protocols.
`
`06973-00001/8291414.2
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`18
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`
`
`
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`Case 2:16-cv-00693-RWS-RSP Document 29 Filed 08/26/16 Page 96 of 97 PageID #: 911Case 2:21-cv-00040-JRG Document 34-3 Filed 05/18/21 Page 5 of 5 PageID #: 357
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`F.
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`A judgment and order finding that this is an exceptional case within the meaning
`
`of 35 U.S.C. § 285, and an award to Alacritech of its attorneys' fees, costs and expenses incurred
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`in connection with this Action; and
`
`G.
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`Such other relief as the Court deems just and equitable.
`
`DEMAND FOR JURY TRIAL
`
`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Alacritech demands a trial
`
`by jury on all matters and issues triable by jury.
`
`Dated: August 25, 2016
`
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`
`/s/ Claude M. Stern with permission Andrea L.
`Fair
`Claude M. Stern
`California State Bar No. 96737
`claudestern@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`555 Twin Dolphin Drive, 5th Floor
`Redwood Shores, CA 94065
`Telephone: (650) 801-5000
`Facsimile: (650) 801-5100
`
`Joseph M. Paunovich
`joepaunovich@quinnemanuel.com
`California State Bar No. 228222
`Jordan Brock Kaericher
`California State Bar No. 265953
`jordankaericher@quinnemanuel.com
`QUINN EMANUEL URQUHART &
`SULLIVAN, LLP
`865 South Figueroa Street, 10th Floor
`Los Angeles, CA 90017
`Telephone: (213) 443-3000
`Facsimile: (213) 443-3100
`
`T. John Ward, Jr.
`Texas State Bar No. 00794818
`jw@wsfirm.com
`Claire Abernathy Henry
`Texas State Bar No. 24053063
`
`06973-00001/8291414.2
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`96
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`
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