Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 1 of 137 PageID #: 1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`
`
`
`REALTIME DATA LLC d/b/a IXO,
`
`Plaintiff,
`
` v.
`
`FUJITSU AMERICA, INC. and QUANTUM
`
`Case No. 6:16-cv-1035
`
`
`
`
`
`CORPORATION,
`
`
`
`Defendants.
`
`COMPLAINT FOR PATENT INFRINGEMENT AGAINST FUJITSU AMERICA, INC.
`
`AND QUANTUM CORPORATION
`
`This is an action for patent infringement arising under the Patent Laws of the United States
`
`of America, 35 U.S.C. § 1 et seq. in which Plaintiff Realtime Data LLC d/b/a IXO (“Plaintiff,”
`
`“Realtime,” or “IXO”) makes the following allegations against Defendant Fujitsu America, Inc.
`
`(“Fujitsu”) and Defendant Quantum Corporation (“Quantum”):
`
`PARTIES
`
`1.
`
`Realtime is a limited liability company organized under the laws of the State of
`
`New York. Realtime has places of business at 5851 Legacy Circle, Plano, Texas 75024, 1828
`
`E.S.E. Loop 323, Tyler, Texas 75701, and 116 Croton Lake Road, Katonah, New York, 10536.
`
`Realtime has been registered to do business in Texas since May 2011. Since the 1990s, Realtime
`
`has researched and developed specific solutions for data compression, including, for example,
`
`those that increase the speeds at which data can be stored and accessed. As recognition of its
`
`innovations rooted in this technological field, Realtime holds 47 United States patents and has
`
`numerous pending patent applications. Realtime has licensed patents in this portfolio to many of
`
`the world’s leading technology companies. The patents-in-suit relate to Realtime’s development
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 2 of 137 PageID #: 2
`
`of advanced systems and methods for fast and efficient data compression using numerous
`
`innovative compression techniques based on, for example, particular attributes of the data.
`2.
`
`On information and belief, Defendant Fujitsu America, Inc. is a California
`
`corporation, with its principal place of business at 1250 E Arques Ave, Sunnyvale, CA 94085.
`
`Upon information and belief, Fujitsu maintains one or more places of business in the Dallas, Texas
`
`area. On information and belief, Fujitsu can be served through its registered agent, C T
`
`Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201.
`3.
`
`On information and belief, Defendant Quantum Corporation is a Delaware
`
`corporation, with its principal place of business at 224 Airport Parkway, Suite 300, San Jose, CA
`
`95110. Upon information and belief, Quantum maintains a place of business at 783 North Grove
`
`Road,
`
`Suite
`
`102,
`
`Richardson,
`
`TX
`
`75081.
`
`
`
`See
`
`http://www.quantum.com/aboutus/contactus/index.aspx. On information and belief, Quantum can
`
`be served through its registered agent, C T Corporation System, 1999 Bryan St., Suite 900, Dallas,
`
`TX 75201.
`4.
`
`On information and belief, Fujitsu and Quantum have entered into a commercial
`
`partnership whereby Quantum supplies its DXi deduplication software technology to Fujitsu for
`
`incorporation into Fujitsu’s products, including but not limited to the ETERNUS CS800 Data
`
`Protection
`
`Appliance.
`
`
`
`See,
`
`e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“inside the CS800 S2 is
`
`Quantum's DXi deduplication software technology. Marcus Schneider, Fujitsu's director of storage
`
`product marketing, admitted this. He said: ‘We believe the Quantum stack is the most mature on
`
`the market. It's a great piece of software.’ … The OEM'ing of Quantum's DXi software by Fujitsu
`
`… is a tremendous boost to both Quantum and Fujitsu.”). Fujitsu’s ETERNUS CS800 Data
`
`Protection Appliance infringes Realtime’s patents through its use of Quantum’s DXi deduplication
`
`software technology, as further described below. Accordingly, Fujitsu and Quantum are properly
`
`joined in this action pursuant to 35 U.S.C. § 299.
`
`JURISDICTION AND VENUE
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 3 of 137 PageID #: 3
`
`5.
`
`This action arises under the patent laws of the United States, Title 35 of the United
`
`States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`6.
`
`This Court has personal jurisdiction over Defendant Fujitsu in this action because
`
`Fujitsu has committed acts within the Eastern District of Texas giving rise to this action and has
`
`established minimum contacts with this forum such that the exercise of jurisdiction over Fujitsu
`
`would not offend traditional notions of fair play and substantial justice. Fujitsu, directly and
`
`through subsidiaries or intermediaries, has committed and continues to commit acts of
`
`infringement in this District by, among other things, offering to sell and selling products and/or
`
`services that infringe the asserted patents. Upon information and belief, Fujitsu maintains one or
`
`more places of business in the Dallas, Texas area. Fujitsu is registered to do business in the State
`
`of Texas.
`7.
`
`This Court has personal jurisdiction over Defendant Quantum in this action because
`
`Quantum has committed acts within the Eastern District of Texas giving rise to this action and has
`
`established minimum contacts with this forum such that the exercise of jurisdiction over Quantum
`
`would not offend traditional notions of fair play and substantial justice. Quantum, directly and
`
`through subsidiaries or intermediaries, has committed and continues to commit acts of
`
`infringement in this District by, among other things, offering to sell and selling products and/or
`
`services that infringe the asserted patents. Quantum maintains a place of business in Texas at 783
`
`North Grove Road, Suite 102, Richardson, TX 75081, and is registered to do business in the State
`
`of Texas.
`8.
`
`Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b).
`
`Fujitsu and Quantum are registered to do business in Texas, and upon information and belief, have
`
`transacted business in the Eastern District of Texas and have committed acts of direct and indirect
`
`infringement in the Eastern District of Texas. Upon information and belief, Fujitsu maintains one
`
`or more places of business in the Dallas, Texas area, and Quantum maintains a place of business
`
`at 783 North Grove Road, Suite 102, Richardson, TX 75081.
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 4 of 137 PageID #: 4
`
`COUNT I
`
`INFRINGEMENT OF U.S. PATENT NO. 7,161,506
`
`9.
`
`Plaintiff realleges and incorporates by reference paragraphs 1-8 above, as if fully
`
`set forth herein.
`10.
`
`Plaintiff Realtime is the owner by assignment of United States Patent No. 7,161,506
`
`(“the ‘506 patent”) entitled “Systems and methods for data compression such as content dependent
`
`data compression.” The ‘506 patent was duly and legally issued by the United States Patent and
`
`Trademark Office on January 9, 2007. A true and correct copy of the ‘506 patent, including its
`
`reexamination certificates, is included as Exhibit A.
`
`Fujitsu Eternus Data Protection Appliance
`11.
`
`On information and belief, Fujitsu has made, used, offered for sale, sold and/or
`
`imported into the United States Fujitsu products that infringe the ‘506 patent, and continues to do
`
`so. By way of illustrative example, these infringing products include, without limitation, Fujitsu’s
`
`compression products and services, such as, e.g., the Fujitsu Eternus CS 800, Eternus CS 8000,
`
`Eternus CS HE, Eternus CS 200c, Eternus DX, and Eternus LT Data Protection Appliances and
`
`all versions and variations thereof since the issuance of the ‘506 patent (“Accused
`
`Instrumentality”).
`12.
`
`On information and belief, Fujitsu has directly infringed and continues to infringe
`
`the ‘506 patent, for example, through its own use and testing of the Accused Instrumentality to
`
`practice compression methods claimed by Claim 104 of the ‘506 patent, namely, a computer
`
`implemented method for compressing data, comprising: analyzing data within a data block of an
`
`input data stream to identify one or more data types of the data block, the input data stream
`
`comprising a plurality of disparate data types; performing content dependent data compression
`
`with a content dependent data compression encoder if a data type of the data block is identified;
`
`and performing data compression with a single data compression encoder, if a data type of the data
`
`block is not identified, wherein the analyzing of the data within the data block to identify one or
`
`more data types excludes analyzing based only on a descriptor that is indicative of the data type of
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 5 of 137 PageID #: 5
`
`the data within the data block. Upon information and belief, Fujitsu uses the Accused
`
`Instrumentality to practice infringing methods for its own internal non-testing business purposes,
`
`while testing the Accused Instrumentality, and while providing technical support, maintenance and
`
`repair services for the Accused Instrumentality to Fujitsu’s customers.
`13.
`
`The Accused Instrumentality satisfies literally and/or under the doctrine of
`
`equivalents the claim requirement “A computer implemented method for compressing data”. This
`
`system minimizes the amount of data transmitted over a network and stored on a backup device.
`
`The Accused Instrumentality employs several data compression techniques to achieve this goal.
`
`See, e.g., http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the
`
`CS800 S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s
`
`director of storage product marketing, admitted this. He said: ‘We believe the Quantum stack is
`
`the most mature
`
`on
`
`the market.
`
`It’s
`
`a
`
`great
`
`piece
`
`of
`
`software.’”);
`
`http://www.quantum.com/technologies/deduplicationreplication/index.aspx (“Data deduplication
`
`used and implemented by Quantum is the specific approach to data reduction built on a
`
`methodology that systematically substitutes reference pointers for redundant variable-length
`
`blocks (or data segments) in a specific data set.”).
`14.
`
`The Accused Instrumentality satisfies literally and/or under the doctrine of
`
`equivalents the claim requirement “analyzing data within a data block of an input data stream to
`
`identify one or more data types of the data block, the input data stream comprising a plurality of
`
`disparate data types”. Even if the determination of whether particular data within a data block of
`
`an input data stream is duplicative of data that has been previously compressed and/or stored by
`
`the Accused Instrumentality were found not to literally meet the “analyzing data within a data
`
`block of an input data stream to identify one or more data types of the data block, the input data
`
`stream comprising a plurality of disparate data types” limitation, this limitation is met under the
`
`doctrine of equivalents because it is insubstantially different from what the limitation literally
`
`requires. Moreover, determining whether particular data within a data block of an input data
`
`stream is duplicative of data that has been previously compressed and/or stored by the Accused
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 6 of 137 PageID #: 6
`
`Instrumentality performs substantially the same function (for example, to provide the Accused
`
`Instrumentality with some parameter of the data that can be used as a basis to select the optimal
`
`data compression method among multiple available data compression methods) in substantially
`
`the same way (by, for example, identifying some characteristic of the data, beyond a mere
`
`descriptor that is indicative of the data type of the data within the data block, that is relevant to
`
`selecting among multiple available data compression methods) to achieve substantially the same
`
`result (for example, enabling the Accused Instrumentality to select the optimal data compression
`
`method
`
`from among multiple available data compression methods).
`
` See, e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the CS800
`
`S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s director of
`
`storage product marketing, admitted this. He said: ‘We believe the Quantum stack is the most
`
`mature
`
`on
`
`the
`
`market.
`
`It’s
`
`a
`
`great
`
`piece
`
`of
`
`software.’”);
`
`http://www.quantum.com/technologies/deduplicationreplication/index.aspx (“Data deduplication
`
`used and implemented by Quantum is the specific approach to data reduction built on a
`
`methodology that systematically substitutes reference pointers for redundant variable-length
`
`blocks (or data segments) in a specific data set. Quantum’s deduplication technology divides the
`
`data stream into variable-length data segments using a data-dependent methodology that can find
`
`the same block boundaries in different locations and contexts. This block-creation process allows
`
`the boundaries to “float” within the data stream so that changes in one part of the data set have
`
`little or no impact on the boundaries in other locations of the data set. Through this method,
`
`duplicate data segments can be found at different locations inside a file, inside different files, inside
`
`files created by different applications, and inside files created at different times.”);
`
`http://www.scribd.com/doc/98815319/6-67083-01-Users-Guide-DXi6500-RevA#scribd
`
`at
`
`5
`
`(“The DXi-Series disk backup and replication systems use Quantum’s patented data deduplication
`
`technology to dramatically increase the role that disk can play in data protection. With DXi-Series
`
`solutions, users can retain 10 to 50 times more backup data on fast recovery disk than with
`
`conventional arrays. This advantage allows IT departments to cost-effectively retain months of
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 7 of 137 PageID #: 7
`
`backup data on disk for faster, more reliable restores and more data recovery points. Quantum’s
`
`innovative implementation of this core technology means that users do not have to compromise on
`
`performance to take advantage of extended retention capability. The new, inline data flow in the
`
`DXi 2.0 software provides streamlined deduplication that offers a maximum combination of total
`
`system performance, manageability, and value. Quantum's deduplication technology uses a sub-
`
`file, variable-length approach to identify redundant blocks in a data stream—blocks that have
`
`appeared before in the same dataset or in datasets processed at an earlier time. When a block
`
`appears that has already been stored, the DXi system inserts a reference pointer to the earlier
`
`instance of the data segment instead of storing another copy. The result is a dramatic reduction in
`
`the storage capacity needed to store the data set, and a similar reduction in the bandwidth needed
`
`to replicate deduplicated data sets over a network.”).
`15.
`
`The Accused Instrumentality satisfies literally and/or under the doctrine of
`
`equivalents the claim requirement “performing content dependent data compression with a content
`
`dependent data compression encoder if a data type of the data block is identified”. Even if the
`
`deduplication function in the Accused Instrumentality were found to not literally meet the
`
`“performing content dependent data compression with a content dependent data compression
`
`encoder if a data type of the data block is identified” limitation, this limitation is met under the
`
`doctrine of equivalents because it is insubstantially different from what the limitation literally
`
`requires. Moreover, deduplication performs substantially the same function (for example,
`
`reducing the overall amount of bits to store) in substantially the same way (by, for example,
`
`applying a technique based on the specific content of the incoming data in order to present for
`
`storage fewer overall bits) to achieve substantially the same result (for example, storage of fewer
`
`bits
`
`of
`
`data
`
`overall).
`
`See,
`
`e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the CS800
`
`S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s director of
`
`storage product marketing, admitted this. He said: ‘We believe the Quantum stack is the most
`
`mature
`
`on
`
`the
`
`market.
`
`It’s
`
`a
`
`great
`
`piece
`
`of
`
`software.’”);
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 8 of 137 PageID #: 8
`
`http://www.quantum.com/technologies/deduplicationreplication/index.aspx (“Data deduplication
`
`used and implemented by Quantum is the specific approach to data reduction built on a
`
`methodology that systematically substitutes reference pointers for redundant variable-length
`
`blocks (or data segments) in a specific data set. Quantum’s deduplication technology divides the
`
`data stream into variable-length data segments using a data-dependent methodology that can find
`
`the same block boundaries in different locations and contexts. This block-creation process allows
`
`the boundaries to “float” within the data stream so that changes in one part of the data set have
`
`little or no impact on the boundaries in other locations of the data set. Through this method,
`
`duplicate data segments can be found at different locations inside a file, inside different files, inside
`
`files created by different applications, and inside files created at different times.”);
`
`http://www.scribd.com/doc/98815319/6-67083-01-Users-Guide-DXi6500-RevA#scribd
`
`at
`
`5
`
`(“The DXi-Series disk backup and replication systems use Quantum’s patented data deduplication
`
`technology to dramatically increase the role that disk can play in data protection. With DXi-Series
`
`solutions, users can retain 10 to 50 times more backup data on fast recovery disk than with
`
`conventional arrays. This advantage allows IT departments to cost-effectively retain months of
`
`backup data on disk for faster, more reliable restores and more data recovery points. Quantum’s
`
`innovative implementation of this core technology means that users do not have to compromise on
`
`performance to take advantage of extended retention capability. The new, inline data flow in the
`
`DXi 2.0 software provides streamlined deduplication that offers a maximum combination of total
`
`system performance, manageability, and value. Quantum's deduplication technology uses a sub-
`
`file, variable-length approach to identify redundant blocks in a data stream—blocks that have
`
`appeared before in the same dataset or in datasets processed at an earlier time. When a block
`
`appears that has already been stored, the DXi system inserts a reference pointer to the earlier
`
`instance of the data segment instead of storing another copy. The result is a dramatic reduction in
`
`the storage capacity needed to store the data set, and a similar reduction in the bandwidth needed
`
`to replicate deduplicated data sets over a network.”).
`16.
`
`The Accused Instrumentality satisfies literally and/or under the doctrine of
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 9 of 137 PageID #: 9
`
`equivalents the claim requirement “performing data compression with a single data compression
`
`encoder,
`
`if
`
`a data
`
`type of
`
`the data block
`
`is not
`
`identified”. See,
`
`e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the CS800
`
`S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s director of
`
`storage product marketing, admitted this. He said: ‘We believe the Quantum stack is the most
`
`mature on the market. It’s a great piece of software.’”); http://www.scribd.com/doc/98815319/6-
`
`67083-01-Users-Guide-DXi6500-RevA#scribd at 5 (“The DXi6500 systems use compression
`
`technology after duplicate blocks have been identified and replaced as part of the deduplication
`
`process. With compression, unique data that has been through the data deduplication process can
`
`be compressed at a typical ratio of approximately 2:1. This enables you to maximize the storage
`
`capacity of your system.”).
`17.
`
`The Accused Instrumentality satisfies literally and/or under the doctrine of
`
`equivalents the claim requirement “wherein the analyzing of the data within the data block to
`
`identify one or more data types excludes analyzing based only on a descriptor that is indicative of
`
`the data type of the data within the data block.” Even if the determination of whether particular
`
`data within a data block of an input data stream is duplicative of data that has been previously
`
`compressed and/or stored by the Accused Instrumentality were found not to literally meet the
`
`“wherein the analyzing of the data within the data block to identify one or more data types excludes
`
`analyzing based only on a descriptor that is indicative of the data type of the data within the data
`
`block” limitation, this limitation is met under the doctrine of equivalents because it is
`
`insubstantially different from what the limitation literally requires. Moreover, determining
`
`whether particular data within a data block of an input data stream is duplicative of data that has
`
`been previously compressed and/or stored by the Accused Instrumentality performs substantially
`
`the same function (for example, to provide the Accused Instrumentality with some parameter of
`
`the data that can be used as a basis to select the optimal data compression method among multiple
`
`available data compression methods) in substantially the same way (by, for example, identifying
`
`some characteristic of the data, beyond a mere descriptor that is indicative of the data type of the
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 10 of 137 PageID #: 10
`
`data within the data block, that is relevant to selecting among multiple available data compression
`
`methods) to achieve substantially the same result (for example, enabling the Accused
`
`Instrumentality to select the optimal data compression method from among multiple available data
`
`compression
`
`methods).
`
`See,
`
`e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the CS800
`
`S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s director of
`
`storage product marketing, admitted this. He said: ‘We believe the Quantum stack is the most
`
`mature
`
`on
`
`the
`
`market.
`
`It’s
`
`a
`
`great
`
`piece
`
`of
`
`software.’”);
`
`http://www.quantum.com/technologies/deduplicationreplication/index.aspx (“Data deduplication
`
`used and implemented by Quantum is the specific approach to data reduction built on a
`
`methodology that systematically substitutes reference pointers for redundant variable-length
`
`blocks (or data segments) in a specific data set. Quantum’s deduplication technology divides the
`
`data stream into variable-length data segments using a data-dependent methodology that can find
`
`the same block boundaries in different locations and contexts. This block-creation process allows
`
`the boundaries to “float” within the data stream so that changes in one part of the data set have
`
`little or no impact on the boundaries in other locations of the data set. Through this method,
`
`duplicate data segments can be found at different locations inside a file, inside different files, inside
`
`files created by different applications, and inside files created at different times.”);
`
`http://www.scribd.com/doc/98815319/6-67083-01-Users-Guide-DXi6500-RevA#scribd
`
`at
`
`5
`
`(“The DXi-Series disk backup and replication systems use Quantum’s patented data deduplication
`
`technology to dramatically increase the role that disk can play in data protection. With DXi-Series
`
`solutions, users can retain 10 to 50 times more backup data on fast recovery disk than with
`
`conventional arrays. This advantage allows IT departments to cost-effectively retain months of
`
`backup data on disk for faster, more reliable restores and more data recovery points. Quantum’s
`
`innovative implementation of this core technology means that users do not have to compromise on
`
`performance to take advantage of extended retention capability. The new, inline data flow in the
`
`DXi 2.0 software provides streamlined deduplication that offers a maximum combination of total
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 11 of 137 PageID #: 11
`
`system performance, manageability, and value. Quantum's deduplication technology uses a sub-
`
`file, variable-length approach to identify redundant blocks in a data stream—blocks that have
`
`appeared before in the same dataset or in datasets processed at an earlier time. When a block
`
`appears that has already been stored, the DXi system inserts a reference pointer to the earlier
`
`instance of the data segment instead of storing another copy. The result is a dramatic reduction in
`
`the storage capacity needed to store the data set, and a similar reduction in the bandwidth needed
`
`to replicate deduplicated data sets over a network.”).
`18.
`
`On information and belief, Fujitsu also directly infringes and continues to infringe
`
`other claims of the ‘506 patent, for similar reasons as explained above with respect to Claim 104
`
`of the ‘506 patent.
`19.
`
`On information and belief, all of the Accused Instrumentalities perform the claimed
`
`methods in substantially the same way.
`20.
`
`On information and belief, use of the Accused Instrumentality in its ordinary and
`
`customary fashion results in infringement of the methods claimed by the ‘506 patent.
`21.
`
`On information and belief, Fujitsu has had knowledge of the ‘506 patent at least
`
`since the filing of this Complaint or shortly thereafter, and on information and belief, Fujitsu knew
`
`of the ‘506 patent and knew of its infringement, including by way of this lawsuit.
`22.
`
`Upon information and belief, Fujitsu’s affirmative acts of making, using, and
`
`selling the Accused Instrumentalities, and providing implementation services and technical
`
`support to users of the Accused Instrumentalities, have induced and continue to induce users of
`
`the Accused Instrumentalities to use them in their normal and customary way to infringe Claim
`
`104 of the ‘506 patent by practicing a computer implemented method comprising: receiving a data
`
`block in an uncompressed form, said data block being included in a data stream; analyzing data
`
`within the data block to determine a type of said data block; and compressing said data block to
`
`provide a compressed data block, wherein if one or more encoders are associated to said type,
`
`compressing said data block with at least one of said one or more encoders, otherwise compressing
`
`said data block with a default data compression encoder, and wherein the analyzing of the data
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 12 of 137 PageID #: 12
`
`within the data block to identify one or more data types excludes analyzing based only on a
`
`descriptor that is indicative of the data type of the data within the data block. For example, Fujitsu
`
`instructs users of the Fujitsu CS800 Data Protection Appliance about the advantages of its
`
`deduplication
`
`and
`
`compression
`
`features.
`
`
`
`See,
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`e.g.,
`
`http://www.theregister.co.uk/2010/10/27/netapp_quantum_and_fujitsu/ (“But inside the CS800
`
`S2 is Quantum’s DXi deduplication software technology. Marcus Schneider, Fujitsu’s director of
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`storage product marketing, admitted this. He said: ‘We believe the Quantum stack is the most
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`mature
`
`on
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`the
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`market.
`
`It’s
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`a
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`great
`
`piece
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`of
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`software.’”);
`
`https://www.fujitsu.com/global/Images/wp-eternus-cs8000-technical-concepts-ww-en_FJJ.pdf at
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`4 (“ETERNUS CS800 is a data protection appliance optimized for environments where IT-
`
`organizations want replace backup to traditional tape by backup to disk. Utilizing leading
`
`deduplication and compression technology, the disk capacity requirements can be reduced by up
`
`to 95%. … Data deduplication technology reduces disk capacity requirements such enabling large
`
`cost savings.”). Thus, with knowledge of the ‘506 patent gained from at least the filing and service
`
`of the original Complaint in this action, Fujitsu encouraged users of the Accused Instrumentalities
`
`to use their deduplication/compression functionality to infringe the ‘506 patent, knowing that such
`
`use constituted infringement of the ‘506 patent.
`23.
`
`For similar reasons, Fujitsu also induces its customers to use the Accused
`
`Instrumentalities to infringe other claims of the ‘506 patent. Fujitsu specifically intended and was
`
`aware that these normal and customary activities would infringe the ‘506 patent. Fujitsu performed
`
`the acts that constitute induced infringement, and would induce actual infringement, with the
`
`knowledge of the ‘506 patent and with the knowledge, or willful blindness to the probability, that
`
`the induced acts would constitute infringement. On information and belief, Fujitsu engaged in
`
`such inducement to promote the sales of the Accused Instrumentalities. Accordingly, Fujitsu has
`
`induced and continues to induce users of the Accused Instrumentalities to use the Accused
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`Instrumentalities in their ordinary and customary way to infringe the ‘506 patent, knowing that
`
`such use constitutes infringement of the ‘506 patent.
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 13 of 137 PageID #: 13
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`24.
`
`By making, using, offering for sale, selling and/or importing into the United States
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`the Accused Instrumentalities, and touting the benefits of using the Accused Instrumentalities’
`
`compression features, Fujitsu has injured Realtime and is liable to Realtime for infringement of
`
`the ‘506 patent pursuant to 35 U.S.C. § 271.
`25.
`
`As a result of Fujitsu’s infringement of the ‘506 patent, Plaintiff Realtime is entitled
`
`to monetary damages in an amount adequate to compensate for Fujitsu’s infringement, but in no
`
`event less than a reasonable royalty for the use made of the invention by Fujitsu, together with
`
`interest and costs as fixed by the Court.
`
`Quantum DXi
`26.
`
`On information and belief, Quantum has made, used, offered for sale, sold and/or
`
`imported into the United States Quantum products that infringe the ‘506 patent, and continues to
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`do so. By way of illustrative example, these infringing products include, without limitation,
`
`Quantum’s compression products and services, such as, e.g., Quantum’s DXi software (e.g.,
`
`powered by Quantum StorNext high-performance file system) (including as incorporated into
`
`third-party products such as the Fujitsu Eternus CS800 Data Protection Appliance), DXi 2500,
`
`DXi 3500, DXi 4500, DXi 4700 (e.g. DXi 4701), DXi 6500 (e.g. DXi 6510, DXi 6520, DXi 6530,
`
`DXi 6540, DXi 6550), DXi 6800, DXi 6900, DXi 7500, and DXi 8500 Deduplication Appliances,
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`DXi V-Series (e.g. DXi V4000) virtual deduplication backup appliance, Q-Cloud Protect virtual
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`deduplication appliance, Quantum GoProtect Software, and all versions and variations thereof
`
`since the issuance of the ‘506 patent (“Accused Instrumentality”).
`27.
`
`On information and belief, Quantum has directly infringed and continues to infringe
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`the ‘506 patent, for example, through its own use and testing of the Accused Instrumentality to
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`practice compression methods claimed by Claim 104 of the ‘506 patent, namely, a computer
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`implemented method for compressing data, comprising: analyzing data within a data block of an
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`input data stream to identify one or more data types of the data block, the input data stream
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`comprising a plurality of disparate data types; performing content dependent data compression
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`with a content dependent data compression encoder if a data type of the data block is identified;
`
`

`

`Case 6:16-cv-01035-RWS-JDL Document 1 Filed 07/21/16 Page 14 of 137 PageID #: 14
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`and performing data compression with a single data compression encoder, if a data type of the data
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`block is not identified, wherein the analyzing of the data within the data block to identify one or
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`more data types excludes analyzing based only on a descriptor that is indicative of the data type of
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`the data within the data block. Upon information and belief, Quantum uses the Accused
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`Instrumentality to practice infringing methods for its own internal non-testing business purposes,
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`while testing the Accused Instrumentality, and while providing technical support, maintenance and
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`repair services for the Accused Instru