Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 1 of 10 PageID #: 1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
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`CIVIL ACTION NO. 6:16-cv-00076
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`JURY TRIAL DEMANDED
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`IMPLICIT, LLC,
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`Plaintiff,
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`v.
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`HUAWEI TECHNOLOGIES USA, INC.,
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`Defendant.
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`ORIGINAL COMPLAINT
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`Plaintiff Implicit, LLC (“Plaintiff” or “Implicit”), by and through its attorneys, for its
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`Original Complaint against Huawei Technologies USA, Inc. (“Defendant” or “Huawei”), and
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`demanding trial by jury, hereby alleges as follows:
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`I. NATURE OF THE ACTION
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`1.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from
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`Defendant’s unauthorized use, sale, and offer to sell in the United States of products, methods,
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`processes, services and/or systems that infringe Implicit’s United States patents, as described
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`herein.
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`2.
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`Plaintiff Implicit is a limited liability corporation organized and existing under the
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`II. PARTIES
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`laws of the State of Washington.
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`3.
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`On information and belief, Defendant Huawei is a corporation organized under
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`the laws of the State of Texas, having a principal place of business at 5700 Tennyson Parkway,
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 2 of 10 PageID #: 2
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`Suite 500, Plano, Texas 75024. Huawei’s registered agent for service of process in Texas is CT
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`Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-3136.
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`III. JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement which arises under the Patent Laws of
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`the United States, in particular, 35 U.S.C. §§ 271, 281, 283, 284 and 285.
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`5.
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`This Court has exclusive jurisdiction over the subject matter of this action under
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`28 U.S.C. §§ 1331 and 1338(a).
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`6.
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`On information and belief, venue is proper in this district pursuant to 28 U.S.C.
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`§§ 1391(b), 1391(c), and 1400(b) because Defendant has transacted business in this district, and
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`has committed and/or induced acts of patent infringement in this district.
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`7.
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`On information and belief, Defendant Huawei is subject to this Court’s specific
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`and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute,
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`due at least to its substantial business in this forum, including: (i) at least a portion of the
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`infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
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`persistent courses of conduct, and/or deriving substantial revenue from goods and services
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`provided to individuals in Texas and in this Judicial District.
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`IV. FACTUAL ALLEGATIONS
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`8.
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`Implicit Networks, Inc. (“Implicit Networks”) provides software platforms and
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`products that enable OEMs and ISVs to build applications for networks. Its products include
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`Strings OS, which enables OEMs and ISVs to build, deploy, and manage applications in the
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`network and on the devices that access the network; and RADkit, a toolkit designed specifically
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`to build applications for network infrastructure and for devices that access the network. The
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`company was founded in 1996 and is based in Bellevue, Washington.
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 3 of 10 PageID #: 3
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`9.
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`U.S. Patent No. 6,324,685 (the “’685 patent”), entitled “Applet Server that
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`Provides Applets in Various Forms,” issued on November 27, 2001. A true and correct copy of
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`the ’685 patent is provided as Exhibit 1 hereto.
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`10.
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`U.S. Patent No. 8,694,683 (the “’683 patent”), entitled “Method and System for
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`Data Demultiplexing,” issued on April 8, 2014. A true and correct copy of the ’683 patent is
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`provided as Exhibit 2 hereto.
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`11.
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`U.S. Patent No. 8,856,779 (the “’779 patent”), entitled “Application Server for
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`Delivering Applets to Client Computing Devices in a Distributed Environment,” issued on
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`October 7, 2014. A true and correct copy of the ’779 patent is provided as Exhibit 3 hereto.
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`12.
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`U.S. Patent No. 9,270,790 (the “’790 patent”), entitled “Method and System for
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`Data Demultiplexing,” issued on February 23, 2016. A true and correct copy of the ’790 patent
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`is provided as Exhibit 4 hereto.
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`13.
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`Together, the foregoing patents are referred to herein as the “Patents-in-Suit.”
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`Implicit is the current assignee of the Patents-in-Suit, and has all rights to sue for infringement
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`and collect past and future damages for the infringement thereof.
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`14.
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`Defendant Huawei provides software and services directed to analysis and
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`detection of packet content including attacks arising in a data network environment. For
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`example, Huawei makes, uses, sells and deploys Service Inspection Gateway, which performs
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`deep packet inspection of traffic in a data network.
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`15.
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`Deep Packet Inspection technology as implemented by Huawei enables the
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`Service Inspection Gateway to analyze and respond to the contents of packets at multiple
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`communication protocol layers.
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`ORIGINAL COMPLAINT
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`16.
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`Defendant Huawei provides mature high-end routing platforms based on
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`advanced deep packet inspection technology. For example, Huawei makes, uses, sells, and
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`deploys service inspection gateway products such as the SIG9800 which provide rich network
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`visualization capabilities and intelligent traffic management capabilities to help optimize
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`networks, control bandwidth use, and manage application use. Huawei’s service inspection
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`gateways allow multi-dimensional traffic management by caching files, videos, and application
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`in its gateways and providing customized versions of those files and applications to networked
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`users.
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`17.
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`On information of belief, Defendant Huawei also implements contractual
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`protections in the form of license agreements with its customers to preclude the unauthorized
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`reproduction, distribution and modification of its software. Moreover, on information and belief,
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`Defendant Huawei implements technical precautions to attempt to thwart customers who would
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`circumvent the intended operation of Huawei’s products.
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`V. COUNT ONE
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`INFRINGEMENT OF U.S. PATENT NO. 6,324,685
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`18.
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`Implicit incorporates by reference its allegations in Paragraphs 1-17 as if fully
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`restated in this paragraph.
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`19.
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`Implicit is the assignee and owner of all right, title and interest to the ’685 Patent.
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`Implicit has the legal right to enforce the patent, sue for infringement, and seek equitable relief
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`and damages.
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`20.
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`On information and belief, Defendant Huawei, without authorization or license
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`from Implicit, has been and is presently directly infringing the ’685 Patent, as infringement is
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`defined by 35 U.S.C. § 271(a), including through making, using, selling and offering for sale
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 5 of 10 PageID #: 5
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`methods and articles infringing one or more claims of the ’685 Patent. Defendant Huawei is thus
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`liable for direct infringement of the ’685 Patent pursuant to 35 U.S.C. § 271(a).
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`21.
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`On information and belief, at least since the filing of this Complaint, Defendant
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`Huawei, without authorization or license from Implicit, has been and is presently indirectly
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`infringing the ’685 Patent, including actively inducing infringement of the ’685 Patent under 35
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`U.S.C. § 271(b). Such inducements include without limitation, with specific intent to encourage
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`the infringement, knowingly inducing consumers to use infringing articles and methods that
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`Huawei knows or should know infringe one or more claims of the ’685 Patent. Huawei instructs
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`its customers to make and use the patented inventions of the ’685 patent by operating Huawei’s
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`products in accordance with Huawei’s specifications. Huawei specifically intends its customers
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`to infringe by implementing the Service Inspection Gateway for multi-dimensional traffic
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`management by caching files, videos, and application in its gateways and providing customized
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`versions of those files and applications to networked users in accordance with its instructions and
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`specifications in an infringing manner.
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`22.
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`Huawei is accused of infringing the ’685 Patent by satisfying every element and
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`limitation of at least one or more of claim 1 and claims dependent therefrom.
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`23.
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`As a result of Huawei’s infringement of the ’685 Patent, Implicit has suffered
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`monetary damages, and is entitled to an award of damages adequate to compensate it for such
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`infringement under 35 U.S.C. § 284, but in no event less than a reasonable royalty.
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`VI. COUNT TWO
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`INFRINGEMENT OF U.S. PATENT NO. 8,694,683
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`24.
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`Implicit incorporates by reference its allegations in Paragraphs 1-23 as if fully
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`restated in this paragraph.
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 6 of 10 PageID #: 6
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`25.
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`Implicit is the assignee and owner of all right, title and interest to the ’683 Patent.
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`Implicit has the legal right to enforce the patent, sue for infringement, and seek equitable relief
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`and damages.
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`26.
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`On information and belief, Defendant Huawei, without authorization or license
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`from Implicit, has been and is presently directly infringing the ’683 Patent, as infringement is
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`defined by 35 U.S.C. § 271(a), including through making, using, selling and offering for sale
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`methods and articles infringing one or more claims of the ’683 Patent. Defendant Huawei is thus
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`liable for direct infringement of the ’683 Patent pursuant to 35 U.S.C. § 271(a).
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`27.
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`On information and belief, at least since the filing of this Complaint, Defendant
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`Huawei, without authorization or license from Implicit, has been and is presently indirectly
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`infringing the ’683 Patent, including actively inducing infringement of the ’683 Patent under 35
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`U.S.C. § 271(b). Such inducements include without limitation, with specific intent to encourage
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`the infringement, knowingly inducing consumers to use infringing articles and methods that
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`Huawei knows or should know infringe one or more claims of the ’683 Patent. Huawei instructs
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`its customers to make and use the patented inventions of the ’683 patent by operating Huawei’s
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`products in accordance with Huawei’s specifications. Huawei specifically intends its customers
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`to infringe by using the deep packet inspection technology of the Service Inspection Gateway in
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`accordance with those instructions and specifications in an infringing manner.
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`28.
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`Huawei is accused of infringing the ’683 Patent by satisfying every element and
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`limitation of at least one or more of claims 1, 24 and claims dependent therefrom.
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`29.
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`As a result of Huawei’s infringement of the ’683 Patent, Implicit has suffered
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`monetary damages, and is entitled to an award of damages adequate to compensate it for such
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`infringement under 35 U.S.C. § 284, but in no event less than a reasonable royalty.
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 7 of 10 PageID #: 7
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`VII. COUNT THREE
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`INFRINGEMENT OF U.S. PATENT NO. 8,856,779
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`30.
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`Implicit incorporates by reference its allegations in Paragraphs 1-29 as if fully
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`restated in this paragraph.
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`31.
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`Implicit is the assignee and owner of all right, title and interest to the ’779 Patent.
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`Implicit has the legal right to enforce the patent, sue for infringement, and seek equitable relief
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`and damages.
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`32.
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`On information and belief, Defendant Huawei, without authorization or license
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`from Implicit, has been and is presently directly infringing the ’779 Patent, as infringement is
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`defined by 35 U.S.C. § 271(a), including through making, using, selling and offering for sale
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`methods and articles infringing one or more claims of the ’779 Patent. Defendant Huawei is thus
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`liable for direct infringement of the ’779 Patent pursuant to 35 U.S.C. § 271(a).
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`33.
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`On information and belief, at least since the filing of this Complaint, Defendant
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`Huawei, without authorization or license from Implicit, has been and is presently indirectly
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`infringing the ’779 Patent, including actively inducing infringement of the ’779 Patent under 35
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`U.S.C. § 271(b). Such inducements include without limitation, with specific intent to encourage
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`the infringement, knowingly inducing consumers to use infringing articles and methods that
`
`Huawei knows or should know infringe one or more claims of the ’779 Patent. Huawei instructs
`
`its customers to make and use the patented inventions of the ’779 patent by operating Huawei’s
`
`products in accordance with Huawei’s specifications. Huawei specifically intends its customers
`
`to infringe by implementing the Service Inspection Gateway for multi-dimensional traffic
`
`management by caching files, videos, and application in its gateways and providing customized
`
`versions of those files and applications to networked users in accordance with its instructions and
`
`specifications in an infringing manner.
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 8 of 10 PageID #: 8
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`34.
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`Huawei is accused of infringing the ’779 Patent by satisfying every element and
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`limitation of at least one or more of claim and claims dependent therefrom.
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`35.
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`As a result of Huawei’s infringement of the ’779 Patent, Implicit has suffered
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`monetary damages, and is entitled to an award of damages adequate to compensate it for such
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`infringement under 35 U.S.C. § 284, but in no event less than a reasonable royalty.
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`VIII. COUNT FOUR
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`INFRINGEMENT OF U.S. PATENT NO. 9,270,790
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`36.
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`Implicit incorporates by reference its allegations in Paragraphs 1-35 as if fully
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`restated in this paragraph.
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`37.
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`Implicit is the assignee and owner of all right, title and interest to the ’790 Patent.
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`Implicit has the legal right to enforce the patent, sue for infringement, and seek equitable relief
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`and damages.
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`38.
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`On information and belief, Defendant Huawei, without authorization or license
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`from Implicit, has been and is presently directly infringing the ’790 Patent, as infringement is
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`defined by 35 U.S.C. § 271(a), including through making, using, selling and offering for sale
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`methods and articles infringing one or more claims of the ’790 Patent. Defendant Huawei is thus
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`liable for direct infringement of the ’790 Patent pursuant to 35 U.S.C. § 271(a).
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`39.
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`On information and belief, at least since the filing of this Complaint, Defendant
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`Huawei, without authorization or license from Implicit, has been and is presently indirectly
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`infringing the ’790 Patent, including actively inducing infringement of the ’790 Patent under 35
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`U.S.C. § 271(b). Such inducements include without limitation, with specific intent to encourage
`
`the infringement, knowingly inducing consumers to use infringing articles and methods that
`
`Huawei knows or should know infringe one or more claims of the ’790 Patent. Huawei instructs
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`its customers to make and use the patented inventions of the ’790 patent by operating Huawei’s
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 9 of 10 PageID #: 9
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`products in accordance with Huawei’s specifications. Huawei specifically intends its customers
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`to infringe by using the deep packet inspection technology of the Service Inspection Gateway in
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`accordance with those instructions and specifications in an infringing manner.
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`40.
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`Huawei is accused of infringing the ’790 Patent by satisfying every element and
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`limitation of at least one or more of claim 1 and claims dependent therefrom.
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`41.
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`As a result of Huawei’s infringement of the ’790 Patent, Implicit has suffered
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`monetary damages, and is entitled to an award of damages adequate to compensate it for such
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`infringement under 35 U.S.C. § 284, but in no event less than a reasonable royalty.
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`IX. JURY DEMAND
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`42.
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`Plaintiff Implicit demands a trial by jury of all matters to which it is entitled to
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`trial by jury, pursuant to FED. R. CIV. P. 38.
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`X. PRAYER FOR RELIEF
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`WHEREFORE, Implicit prays for judgment and seeks relief against Defendant as
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`follows:
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`A.
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`That the Court determine that one or more claims of the Patents-in-Suit is
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`infringed by Defendant Huawei, either literally or under the doctrine of
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`equivalents;
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`B.
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`That the Court award damages adequate to compensate Implicit for the patent
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`infringement that has occurred, together with prejudgment and post-judgment
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`interest and costs, and an ongoing royalty for continued infringement;
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`C.
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`D.
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`That the Court permanently enjoin Defendant pursuant to 35 U.S.C. § 283; and
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`That the Court award such other relief to Implicit as the Court deems just and
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`proper.
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`ORIGINAL COMPLAINT
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`Case 6:16-cv-00076-JRG Document 1 Filed 02/23/16 Page 10 of 10 PageID #: 10
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`DATED: February 23, 2016
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`Respectfully submitted,
`/s/ Andrew G. DiNovo________________
`Andrew G. DiNovo
`Texas State Bar No. 00790594
`adinovo@dpelaw.com
`Jay D. Ellwanger
`Texas State Bar No. 24036522
`jellwanger@dpelaw.com
`Christopher V. Goodpastor
`Texas State Bar No. 00791991
`cgoodpastor@dpelaw.com
`Daniel L. Schmid
`Texas State Bar No. 24093118
`dschmid@dpelaw.com
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`DINOVO PRICE ELLWANGER &
`HARDY LLP
`7000 N. MoPac Expressway, Suite 350
`Austin, Texas 78731
`Telephone: (512) 539-2626
`Telecopier: (512) 539-2627
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`Counsel for Plaintiff Implicit, LLC
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`ORIGINAL COMPLAINT
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