Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 1 of 83 PageID #:
`342
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`BYTEWEAVR, LLC,
`
`
`Plaintiff,
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`CIVIL ACTION NO. 2-24-cv-00162-
`JRG-RSP
`
`
`v.
`
`DATABRICKS, INC.,
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff BYTEWEAVR, LLC files this First Amended Complaint in this Eastern District
`
`of Texas (the “District”) against Defendant Databricks, Inc. for infringement of U.S. Patent No.
`
`6,839,733 (the “’733 patent”), U.S. Patent No. 7,949,752 (the “’752 patent”), U.S. Patent No.
`
`6,965,897 (the “’897 patent”), U.S. Patent No. 7,082,474 (the “’474 patent”), U.S. Patent No.
`
`8,275,827 (the “’827 patent”), U.S. Patent No. 6,862,488 (the “’488 patent”), and U.S. Reissued
`
`Patent No. RE42153 (the “’153 patent”) (collectively referred to as the “Asserted Patents”).
`
`THE PARTIES
`
`1.
`
`BYTEWEAVR, LLC (“BYTEWEAVR” or “Plaintiff”) is a Texas limited liability
`
`company, with registered address at 17350 State Hwy 249, Suite 220, Houston, Texas 77064.
`
`2.
`
`On
`
`information and belief, Defendant Databricks, Inc. (“Databricks” or
`
`“Defendant”) is a corporation formed and organized under the laws of Delaware with its principal
`
`executive offices and corporate headquarters located at 160 Spear Street, San Francisco, CA 94105.
`
`Databricks is registered to do business in Texas. See TEXAS SECRETARY OF STATE,
`
`https://direct.sos.state.tx.us/ at Filing No. 804532217 (showing that Databricks has been registered
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`since 2022 as a foreign corporation in Texas) (last visited Oct. 11, 2023). Databricks’ registered
`
`agent in Texas is United Agent Group Inc. located at 5444 Westheimer #1000, Houston, TX 77056.
`
`3.
`
`Databricks was founded in 2013, and in September of 2023, announced a valuation
`
`of $43 billion dollars See Databricks Raises Series I Investment at $43B Valuation, DATABRICKS,
`
`https://www.databricks.com/company/newsroom/press-releases/databricks-raises-series-i-
`
`investment-43b-valuation. Over 50% of Fortune 500 companies use Databricks’ platforms.
`
`4.
`
`On information and belief, Databricks provides data management and analytics via
`
`“combin[ing] the best elements of data lakes and data warehouses to help you reduce costs and
`
`deliver on your data and AI initiatives faster,” referred to as the “Databricks Lakehouse.” See The
`
`Databricks Lakehouse Platform, DATABRICKS, https://www.databricks.com/product/data-
`
`lakehouse (last visited Oct. 12, 2023). Databricks is “a unified, open analytics platform for building,
`
`deploying, sharing, and maintaining enterprise-grade data, analytics, and AI solutions at scale.” See
`
`What is Databricks?, DATABRICKS, https://docs.databricks.com/en/introduction/index.html (last
`
`visited January 23, 2024).
`
`5.
`
`In 2020, Databricks introduced the “Lakehouse,” which was based on open source
`
`data formats such as Apache Parquet, and Hadoop. See What is a Lakehouse?, DATABRICKS,
`
`available at https://www.databricks.com/blog/2020/01/30/what-is-a-data-lakehouse.html (Last
`
`visited on December 15, 2023). The Databricks Lakehouse is based on a variety of open-source
`
`data lake and data warehouse technologies such as Hadoop and Apache Parquet. See Lakehouse: A
`
`New Generation of Open Platforms that Unify Data Warehousing and Advanced Analytics?,
`
`MICHAEL ARMBRUST, available at https://www.cidrdb.org/cidr2021/papers/cidr2021_paper17.pdf
`
`(January 2021).
`
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`6.
`
`On information and belief, the Databricks Lakehouse Platform includes several
`
`different products including at least Databricks SQL (a serverless data warehouse), Delta Lake,
`
`Unity Catalog, Databricks Marketplace, and Data Intelligence Platform. See Databricks SQL,
`
`DATABRICKS, https://www.databricks.com/product/databricks-sql (last visited on December 15,
`
`2023); Delta Lake on Databricks, DATABRICKS, https://www.databricks.com/product/delta-lake-
`
`on-databricks
`
`(last visited on December 15, 2023); Unity Catalog, DATABRICKS,
`
`https://www.databricks.com/product/unity-catalog
`
`(last visited on December 15, 2023);
`
`Databricks Marketplace, DATABRICKS, https://www.databricks.com/product/marketplace (last
`
`visited
`
`on
`
`December
`
`15,
`
`2023);
`
`
`
`Data
`
`Streaming,
`
`DATABRICKS,
`
`https://www.databricks.com/product/data-streaming (last visited on December 15, 2023). The Data
`
`Intelligence Platform “integrates with cloud storage and security in [the customer’s] cloud account,
`
`and manages and deploys cloud infrastructure on” behalf of the customer. See What is Databricks?,
`
`DATABRICKS, https://docs.databricks.com/en/introduction/index.html (last visited January 23,
`
`2024).
`
`7.
`
`The Databricks Lakehouse Platform and their components are utilized by customers
`
`of Databricks across industries, including Energy, Financial Services, Telecommunications,
`
`Technology, Advertising, and Healthcare and Life Sciences, among many others. See Databricks
`
`for Industry, DATABRICKS, https://www.databricks.com/solutions (last visited December 15, 2023);
`
`Industry Solutions, DATABRICKS, https://www.databricks.com/solutions/accelerators (last visited
`
`December 22, 2023). On information and belief, Databricks collects revenues and profits from the
`
`installation, licensing, and use of the Databricks Lakehouse Platform. See Databricks Pricing,
`
`DATABRICKS, https://www.databricks.com/product/pricing (last visited December 15, 2023).
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`Databricks, for example, offers a “Pay as you go” pricing model where the price is based on the
`
`Databricks Unit or “DBU”. See id.
`
`8.
`
`On information and belief, Defendant Databricks on its own and/or via subsidiaries,
`
`distributors, and affiliates maintains a corporate and commercial presence in the United States,
`
`including in Texas and this District. Defendant maintains its business presence in the U.S. and Texas
`
`via at least the following activities: 1) distributing and providing its Databricks Platforms, among
`
`other products and services of Databricks, to customers; 2) maintaining an online presence
`
`(https://www.databricks.com) that solicits sales and sales inquiries of and provides customer
`
`support for Databricks products and services; 3) registering to do business in Texas; 4) employing
`
`persons across the world who support the development of products and services and provide
`
`customer support to U.S. residents and companies, and 5) employing persons in the United States,
`
`including residents of Texas and this District. For example, Defendant employs Texas residents in
`
`at least one location in the Plano, Texas area at 6900 Dallas Pkwy, Suite 02-106, Plano, Texas
`
`75024.
`
`See,
`
`e.g.,
`
`Worldwide
`
`Locations,
`
`DATABRICKS,
`
`https://www.databricks.com/company/contact/office-locations (showing Databricks locations in
`
`the U.S. and Texas). Thus, Defendant Databricks does business in the United States, the state of
`
`Texas, and in the Eastern District of Texas.
`
`JURISDICTION AND VENUE
`
`9.
`
`This action arises under the patent laws of the United States, namely 35 U.S.C. §§
`
`271, 281, and 284-285, among others.
`
`10.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
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`11.
`
`On information and belief, Defendant Databricks is subject to this Court’s specific
`
`and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due
`
`at least to its substantial business in this State and this District, including: (A) at least part of its
`
`infringing activities alleged herein, including its registration to do business in Texas, which
`
`purposefully avail the Defendant of the privilege of conducting those activities in this state and this
`
`District and, thus, submits itself to the jurisdiction of this Court; and (B) regularly doing or soliciting
`
`business, engaging in other persistent conduct targeting residents of Texas and this District, and/or
`
`deriving substantial revenue from infringing goods offered for sale, sold, and imported and services
`
`provided to and targeting Texas residents and residents of this District.
`
`12.
`
`For example, Databricks has corporate offices in the United States, including in
`
`Texas. Databricks owns or leases a corporate office in this district at 6900 Dallas Pkwy, Suite 02-
`
`106,
`
`Plano,
`
`Texas
`
`75024.
`
`See
`
`Worldwide
`
`Locations,
`
`DATABRICKS,
`
`https://www.databricks.com/company/contact/office-locations (last visited Oct. 12, 2023).
`
`13.
`
`Such a corporate and commercial presence by Defendant Databricks furthers the
`
`development, design, manufacture, importation, distribution, sale, offering for sale, and use of
`
`Defendant’s infringing data management and analytics products and services in Texas, including in
`
`this District.
`
`14.
`
`Databricks utilizes a Partner Connect program to allow for the easy and quick
`
`integration of the Databricks Lakehouse platform with companies all over the country. See Partner
`
`Connect, DATABRICKS, https://www.databricks.com/partnerconnect (last visited Dec. 22, 2023).
`
`Through utilization of its business segments and partners Databricks has committed acts of direct
`
`and/or indirect patent infringement within Texas, this District, and elsewhere in the United States,
`
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`giving rise to this action and/or has established minimum contacts with Texas such that personal
`
`jurisdiction over Databricks would not offend traditional notions of fair play and substantial justice.
`
`15.
`
`On information and belief, Databricks has placed and continues to place infringing
`
`data management and analytics products and services, including the Databricks Platforms and their
`
`components into the U.S. stream of commerce. See Databricks Pricing, DATABRICKS,
`
`https://www.databricks.com/product/pricing (last visited Oct. 12, 2023). Databricks has placed
`
`such products and services into the stream of commerce with the knowledge and understanding that
`
`such products and services are, will be, and continue to be sold, offered for sale, used, and/or
`
`imported into the State of Texas and this District. See Litecubes, LLC v. Northern Light Products,
`
`Inc., 523 F.3d 1353, 1369-70 (Fed. Cir. 2008) (“[T]he sale [for purposes of § 271] occurred at the
`
`location of the buyer.”); see also Semcon IP Inc. v. Kyocera Corporation, No. 2:18-cv-00197-JRG,
`
`2019 WL 1979930, at *3 (E.D. Tex. May 3, 2019) (denying accused infringer’s motion to dismiss
`
`because plaintiff sufficiently plead that purchases of infringing products outside of the United States
`
`for importation into and sales to end users in the U.S. may constitute an offer to sell under § 271(a)).
`
`16.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(c) and 1400(b). As
`
`alleged herein, Defendant Databricks has committed acts of infringement in this District. As further
`
`alleged herein, Defendant Databricks, via its own operations and employees located there, has a
`
`regular and established place of business in this District. Databricks’ regular and established place
`
`of business is at least at 6900 Dallas Pkwy, Suite 02-106, Plano, Texas 75024, which according to
`
`publicly available records is located in Collin County. Accordingly, Databricks may be sued in this
`
`district under 28 U.S.C. § 1400(b).
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`17.
`
`On information and belief, Defendant Databricks has significant ties to, and
`
`presence in, the State of Texas and the Eastern District of Texas, making venue in this District both
`
`proper and convenient for this action.
`
`THE ASSERTED PATENTS AND TECHNOLOGY
`
`18.
`
`The Asserted Patents cover various aspects of network systems and methods
`
`extensible by users as subscribers to a network service. Such extensibility by users of network
`
`services includes interaction with the network by creating, copying, modifying, editing, and deleting
`
`agents. Such agents are invoked by users to consume service resources. Such network systems and
`
`methods further include automation of validation of equipment and/or processes via a user interface
`
`and validation processing engine.
`
`19.
`
`The ’733 patent involves at least methods for admitting a user to a network system
`
`wherein at least one agent is operable to consume a service resource (e.g., CPU, memory resource,
`
`etc.) while utilizing a service to perform a task for the user. The user is allowed to create, modify,
`
`or delete the agent within the network system.
`
`20.
`
`The ’752 patent involves at least methods for receiving, using a computing device,
`
`data for creating a network-based agent. An execution of the network-based agent is invoked in
`
`response to receiving a URL that defines a type of event and identifies the agent. Invoking execution
`
`of the network-based agent uses a service and a service resource that is consumed by the network-
`
`based agent for performing the invoking operation. The result of the operation is communicated
`
`over a network communication link.
`
`21.
`
`The ’488 patent involves at least methods for automating, in a computing
`
`environment, the validation of equipment and/or processes for use, for example, in a pharmaceutical
`
`and/or bio-technology manufacturing facility. A user interface is provided that accepts and/or
`
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`displays data representative of validation processing and/or validation workflow management
`
`information. A validation processing engine is provided that comprises a processing rule that
`
`operates to produce validation protocol information.
`
`22.
`
`The ’897 patent involves at least methods for arranging data in a data file on a mixed
`
`format physical layout. This layout has a plurality of fixed-sized fields, a plurality of variable-sized
`
`fields, and a plurality of offset slots. The fixed-sized fields are of a first size and the offset slots are
`
`of a second size. The data on the mixed format physical layout is divided into the fixed-sized fields
`
`and the variable sized fields. The data of the variable sized fields and the fixed-sized fields is
`
`compressed.
`
`23.
`
`The ’474 patent involves at least methods for receiving client requests from server
`
`systems to use a distributed processing system to process a workload. The first workload is sent to
`
`a host distributed device. An index defining a location of data required to process the first workload
`
`is sent to the host distributed device. The data is accessed from a first data address in the index. And
`
`the index is updated to include a storage address of storage coupled to the host distributed device
`
`as a location of the data.
`
`24.
`
`The ’827 patent involves at least methods and systems for configuring a distributed
`
`processing system with distributed devices coupled to a network. The devices include client agents
`
`that process workloads for the system. The client agents have software-based network attached
`
`storage (NAS) components that assess unused or underutilized storage resources in distributed
`
`devices. The NAS devices have storage resources related to the unused or underutilized storage
`
`resources. The system processes data storage or access workloads and enables the distributed
`
`devices to store location information associated with data stored by the distributed devices through
`
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`the use of client agents. At least one of the distributed devices is enabled to function as a stand-
`
`alone dedicated NAS device through the use of the client agents.
`
`25.
`
`The ’153 patent involves at least methods for providing a server system coupled to
`
`a network with network-connected distributed client systems having under-utilized capabilities. The
`
`client systems run a client agent program to provide workload processing for a project of a
`
`distributed computing platform. The server system distributes project workloads to the client
`
`systems and distributes initial project and poll parameters to the client systems. Poll
`
`communications are received from the client systems during the processing of project workloads
`
`and a dynamic snapshot information of a current project status is provided based on the poll
`
`communications. The poll communications are analyzed to determine whether to modify the initial
`
`project and poll parameters, which indicate how many client systems are active in the project. If
`
`fewer client systems are desired, including within a polling response communications, the number
`
`of actively participating client systems is reduced. And if a greater number of client systems is
`
`desired, then client systems are added to active participation in the project. The poll response
`
`communications are sent to the client systems to modify the initial project and poll parameters,
`
`depending on the analysis of the poll communications. The steps of receiving and analyzing poll
`
`communications and sending poll response communications are repeated to dynamically coordinate
`
`project activities of the client systems during project operations.
`
`26.
`
`On information and belief, a significant portion of the operating revenue of
`
`Defendant is derived from the development, design, manufacture, distribution, licensing, sale,
`
`offering for sale, and use of Databricks’ data management and analytics products and services,
`
`including the Databricks Platforms and their components. See, Databricks Raises Series I
`
`Investment
`
`at
`
`$43B Valuation, DATABRICKS,
`
`https://www.databricks.com/company/
`
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`newsroom/press-releases/databricks-raises-series-i-investment-43b-valuation
`
`(last
`
`visited
`
`December 15, 2023). For example, Defendant Databricks provides data management and analytics
`
`products and services via its data platform, i.e. the Databricks Platform(s), and related products and
`
`services to customers. For the year 2023, Defendant reported a $1.5 billion revenue run rate. Id. In
`
`2023, Defendant reported over 10,000 global customers and over 50% of the Fortune 500 utilizing
`
`the Databricks Lakehouse Platform. Id. Thus, the majority of Databricks’ revenue derives from
`
`Databricks’ data management and analytics products and services distributed, licensed, sold,
`
`offered for sale, and used by customers in the United States.
`
`27.
`
`The Asserted Patents cover Defendant’s data management and analytics products
`
`and components, software, services, and processes related to same that cover various aspects of
`
`network systems extensible by users as subscribers to a network service, including such network
`
`systems that allow a user to interact with the network by creating, copying, modifying, editing, and
`
`deleting agents to support consumption of network services and/or allow a user to provide for
`
`automation of validation of equipment and/or processes via a user interface and validation
`
`processing engine (collectively referred to herein as the “Accused Instrumentalities”). See, e.g., The
`
`Databricks Data Intelligence Platform, DATABRICKS, https://www.databricks.com/product/data-
`
`intelligence-platform (last visited Dec. 18, 2023). Defendant’s infringing Accused Instrumentalities
`
`include, but are not limited to, components of Databricks Lakehouse Platform and its predecessors,
`
`including, but not limited to networks, methods, processes, software, firmware, distributions,
`
`infrastructure, environments, interfaces, hosts, tools, data connections, databases, resources, and
`
`related services provided to partners, users, customers, clients, and consumers via at least
`
`Databricks SQL, Delta Lake, Unity Catalog, Databricks Marketplace, Data Intelligence Platform,
`
`and Databricks Spark Applications.
`
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`28.
`
`As explained in further detail in the paragraphs below (including in Counts I-VII),
`
`Databricks directly infringes ’733 patent, the ’752 patent, the ’488 patent, the ’897 patent, the ’474
`
`patent, the ’827 patent, and the ’153 patent by using and performing at least one method claimed in
`
`each patent. In addition, Databricks directly and indirectly infringes the ’827 patent by making,
`
`selling, offering for sale, using, and importing at least one system claimed in the ’827 patent.
`
`29.
`
`Databricks operates and/or directs and controls every aspect of the data processing
`
`servers provided to its customers, including the execution of the software processes on its data
`
`platform. Databricks imposes terms and restrictions on the use of the Databricks Services. See
`
`Exhibit A (“Ex. A,” attached) available at https://www.databricks.com/legal/mcsa. Databricks
`
`defines its “Databricks Services” as “(a) the Databricks data processing platform services (the
`
`“Platform Services”), (b) support services (“Support Services”), (c) training services (“Training
`
`Services”), and (d) advisory services (“Advisory Services”) and any other services provided by
`
`Databricks.” See Ex. A at Section 1.14 (emphasis in original). Moreover, Databricks charges its
`
`customers based on the Databricks resources utilized (e.g. processor and memory usage). See
`
`Databricks Pricing, DATABRICKS, https://www.databricks.com/product/pricing. Databricks defines
`
`Databricks Materials as the “software programs, tools, know-how, expertise, utilities, processes,
`
`inventions, devices, methodologies, specifications, documentation, techniques, training materials,
`
`and any other materials of any kind used, created, developed or delivered by Databricks or its
`
`personnel in connection with the Databricks Services.” See Ex. A at Section 1.13. Databricks
`
`expressly retains all ownership of “the Databricks Services, Documentation, Deliverables,
`
`Databricks Materials, Course Materials and any and all related and underlying technology and
`
`documentation (including but not limited to products, software tools, algorithms, know-how,
`
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`processes, methodologies, databases, and architecture) created by or for, or licensed to Databricks.”
`
`See Ex. A at Section 3.1.
`
`30.
`
`Databricks owns all rights, title, and interest to the Databricks Services, Databricks
`
`Materials, and Databricks Technology. See Ex. A at Section 3.1 Databricks restricts access and use
`
`pursuant to one or more contracts, charges the Customer for computation and storage utilized by
`
`the Databricks Technology, and prohibits any further use or access to the Databricks Technology if
`
`the customer’s subscription expires or is terminated. See Ex. A at Section 4.8. Moreover, Databricks
`
`imposes other “Restrictions” on the access and use of Databricks Services including the “transfer
`
`or assign any of your rights” included in the Master Cloud Services Agreement. See Ex. A at Section
`
`6.2(b). Further, Databricks limits and controls the users’ use of the “Platform Services” to the limits
`
`imposed by Databricks’ Documentation. See Ex. A at Section 4.3(b).
`
`31.
`
`Databricks directly and/or indirectly infringes certain claims of the Asserted Patents
`
`via its operation and control of the Accused Instrumentalities, namely the components of the
`
`Databricks Platform that perform each step of the asserted method claims and/or embody each
`
`element of the asserted system claims. See, e.g., SiRF Tech., Inc. v. Int'l Trade Comm'n, 601 F.3d
`
`1319, 1329 (Fed. Cir. 2010) (finding direct infringement where there was “control or direction of
`
`the performance of that step by the accused infringer”). For example, when Databricks Technology
`
`is deployed into a Cloud Environment, the Databricks Lakehouse Platform performs the steps of
`
`the patented method claims because the Databricks Lakehouse Platform is programmed to execute
`
`those steps when the cited Accused Instrumentalities are used. Moreover, the contractual
`
`relationship between Databricks and its customers requires that neither Databricks’ customer nor
`
`users may modify how the Databricks Lakehouse Platform operates, which further demonstrates
`
`Databricks’ direction and control over the infringing technology.
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`12
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 13 of 83 PageID #:
`354
`
`32.
`
`The Asserted Patents, including claim 37 of the ’733 patent, cover Accused
`
`Instrumentalities of Defendant, including Databricks’ performance of and/or direction and control
`
`of the performance of each step of a method of utilizing Databricks’ Platform(s) to interface with
`
`MLflow, which, as described below, provides a managed machine learning lifecycle system.
`
`Databricks Platforms load, train, run, and track using Databricks clusters using MLflow. The
`
`MLflow model utilizes different Databricks services such as Databricks’ file system for defining
`
`the path of the MLflow model.
`
`See What is Databricks, DATABRICKS,
`https://docs.databricks.com/en/introduction/index.html (last visited October 17, 2023)
`
`
`
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`13
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 14 of 83 PageID #:
`355
`
`mlflow, DATABRICKS,
`https://web.archive.org/web/20190828125229/https://databricks.com/mlflow (accessible
`at least in August 28, 2019).
`
`
`
`33.
`
`As shown below, Databricks, via the Accused Instrumentalities, performs the step
`
`of admitting a user to a workspace and providing a user with credentials for registration and
`
`admission to the Databricks network system.
`
`https://docs.databricks.com/en/administration-guide/users-groups/index.html
`
`34. MLflow is a managed machine learning lifecycle system that includes a model
`
`management system. See MLflow Releases https://mlflow.org/releases/.
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`14
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 15 of 83 PageID #:
`356
`
`See Introducing the MLflow Model Registry, DATABRICKS,
`https://www.databricks.com/blog/2019/10/17/introducing-the-mlflow-model-registry.html
`(last visited Dec. 15, 2023).
`Databricks provides access to the Databricks Jobs Scheduler and auto-managed
`35.
`
`clusters to use with MLflow, allowing users to schedule workflows and/or perform a variety of
`
`tasks.
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`15
`
`
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 16 of 83 PageID #:
`357
`
`See MLflow, DATABRICKS,
`https://web.archive.org/web/20190828125229/https://databricks.com/mlflow
`
`
`
`
`
`See Log, load, register, and deploy MLflow models, DATABRICKS,
`https://docs.databricks.com/en/mlflow/models.html (last visited Dec. 15, 2023).
`
`
`
`36.
`
`As shown below, Databricks, via the Accused Instrumentalities, performs the step
`
`of allowing the user to create an agent, via a MLflow model, which is operable to perform a task
`
`for the user, such as tracking metrics, parameters, and artifacts, packaging models and reproductible
`
`ML projects, and deploying models to batch or real-time serving platforms.
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`16
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 17 of 83 PageID #:
`358
`
`
`
`See Introducing the MLflow Model Registry, DATABRICKS,
`https://www.databricks.com/blog/2019/10/17/introducing-the-mlflow-model-
`registry.html (last visited Dec. 15, 2023).
`
`
`
`37.
`
`Performance of tasks utilizing the Databricks Platforms, consume resources.
`
`Databricks quantifies the consuming of resources with DBUs. As explained below, a DBU
`
`quantifies the amount of data processed and the amount of compute resources used.
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`17
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 18 of 83 PageID #:
`359
`
`
`See Databricks Pricing FAQ, DATABRICKS, https://www.databricks.com/product/pricing
`(last visited October 17, 2023).
`
`
`
`38.
`
`Databricks allows the user, can create, modify, or delete the agent (e.g., a model in
`
`MLflow) within the network system. For example, Databricks, through a MLflow editor, allows a
`
`Databricks user create, modify, or delete the model.
`
`See Databricks Extends MLflow Model Registry with Enterprise Features, DATABRICKS,
`https://www.databricks.com/blog/2020/04/15/databricks-extends-mlflow-model-registry-
`with-enterprise-features.html (last visited December 15, 2023).
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`18
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 19 of 83 PageID #:
`360
`
`
`
`See Databricks Extends MLflow Model Registry with Enterprise Features, DATABRICKS,
`https://www.databricks.com/blog/2020/04/15/databricks-extends-mlflow-model-registry-
`with-enterprise-features.html (last visited December 15, 2023).
`
`39.
`
`The Asserted Patents, including claim 24 of the ’752 patent, cover Accused
`
`Instrumentalities of Defendant, including Databricks’ performance of and/or direction and control
`
`of the performance of each step of a method comprising the steps of receiving, using a computing
`
`device (e.g., Databricks server), data (e.g., cluster definition, cluster name, etc.) for creating a
`
`network-based agent (e.g., a cluster). As shown below, Databricks uses Databricks Workflows to
`
`receive requests from a user to create and manage clusters.
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`19
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 20 of 83 PageID #:
`361
`
`See Introducing Databricks Workflows, DATABRICKS,
`https://www.databricks.com/blog/2022/05/10/introducing-databricks-workflows.html
`(last visited December 15, 2023).
`
`
`
`
`
`40.
`
`Databricks, via the Accused Instrumentalities, performs the step of receiving, using
`
`a computing device, data for creating a network-based agent. For example, a cluster in the
`
`Databricks Lakehouse Platform (i.e., a computing device) is a set of hosts running inter-dependent
`
`services. For creating a cluster, data such as cluster definition, number of nodes, types of service,
`
`cluster name, etc. are received by Databricks from the user.
`
`See Introduction to Databricks Workflows, DATABRICKS,
`https://docs.databricks.com/en/workflows/index.html (last visited December 15, 2023).
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`20
`
`

`

`Case 2:24-cv-00162-JRG-RSP Document 34 Filed 07/18/24 Page 21 of 83 PageID #:
`362
`
`
`
`41.
`
`The creation of a cluster is triggered when Databricks receives indication that the
`
`user clicks on ‘New Job Cluster’.
`
`
`
`See Create and run Databricks Jobs, DATABRICKS,
`https://docs.databricks.com/en/workflows/jobs/create-run-jobs.html (last visited December
`15, 2023).
`
`
`
`42.
`
`Databricks, via the Accused Instrumentalities, performs the step of invoking, using
`
`the computing device, and in response to receiving a URL defining a type of event and identifying
`
`the network-based agent, execution