Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 1 of 26
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`SYNKLOUD TECHNOLOGIES, LLC, a
`Delaware limited liability company,
`
`
`
`Plaintiff,
`
`
`
`
`
`
`
`
`
`v.
`
`ADOBE, INC., a Delaware corporation,
`
`
`
`Defendant.
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Civil Action No.
`
`
`JURY TRIAL DEMANDED
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff SynKloud Technologies, LLC (“SynKloud” or “Plaintiff”) hereby alleges for its
`
`Complaint for Patent Infringement against Adobe, Inc. (“Adobe” or “Defendant”) the following:
`
`NATURE OF THE ACTION
`
`1.
`
`This is an action for patent infringement of United States Patent Nos. 8,606,880
`
`(the “’880 Patent”); 8,856,195 (the “’195 Patent”); 8,868,690 (the “’690 Patent”); 9,219,780 (the
`
`“’780 Patent”); 9,239,686 (the “’686 Patent”); and 10,015,254 (the “’254 Patent”) (collectively,
`
`the “Patents-in-Suit”) arising under the Patent Laws of the United States, 35 U.S.C. § 1, et seq.,
`
`seeking damages and other relief under 35 U.S.C. § 281, et seq.
`
`THE PARTIES
`
`2.
`
`Plaintiff SynKloud Technologies, LLC is a company organized under the laws of
`
`Delaware, with its principal place of business located at 124 Broadkill Road, #415, Milton,
`
`Delaware 19968.
`
`3.
`
`Defendant Adobe, Inc. is a corporation organized under the laws of Delaware
`
`with its principal place of business located at 345 Park Avenue, San Jose, California 95110-
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 2 of 26
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`2704. Adobe’s registered agent for Service of Process is located at Corporation Service
`
`Company, d/b/a CSC, 211 E. 7th Street Suite 620, Austin, Texas 78701.
`
`JURSIDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the provisions of the Patent
`
`Laws of the United States of America, Title 35, United States Code.
`
`5.
`
`This Court has subject matter jurisdiction over SynKloud’s claims under 28
`
`U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Defendant in this action because
`
`Defendant has committed acts within the Western District of Texas giving rise to this action and
`
`has established minimum contacts with this forum such that the exercise of jurisdiction over the
`
`Defendant would not offend traditional notions of fair play and substantial justice. The
`
`Defendant, 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.
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b), (c) and/or
`
`28 U.S.C. § 1400(b). Defendant transacts business within this District and offers for sale in this
`
`District products that infringe the Patents-in-Suit. Defendant is registered to do business in
`
`Texas. Defendant has a regular and established place of business in Western District of Texas.
`
`For example, Defendant has two offices in Austin, Texas where it employs sales and user
`
`operations teams located at 11501 Domain Drive, Suite 150, Austin, Texas 78758 and a second
`
`office location at 316 West 12th Street, Austin, Texas 78701.
`
`8.
`
`Further, Austin is a principal place of business for Magento Commerce (an Adobe
`
`company) which, upon information and belief, is the leading provider of cloud commerce
`
`2
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 3 of 26
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`innovation to merchants and brands across B2C and B2B industries, and now a strategic pillar of
`
`the Adobe Digital Experience solutions set.
`
`PATENT OWNERSHIP AND EXCLUSIVE RIGHT TO SUE
`
`9.
`
`Plaintiff is the owner of the Patents-in-Suit asserted in this action and has the
`
`exclusive right to sue and collect remedies for past, present, and future infringement of the
`
`Patents-in-Suit.
`
`ACCUSED PRODUCTS AND/OR SERVICES
`
`10.
`
`Defendant manufactures, provides, uses, sells, offers for sale, imports, and/or
`
`distributes infringing services for storage, including, for example, Adobe Document Cloud,
`
`Creative Cloud, or Lightroom Personal, Plus, Professional, Standard, Advanced, Business and/or
`
`Enterprise Versions, using infringing Adobe servers that operate with client-side Adobe software
`
`that is connected through wireless networks including, for example, Adobe Mobile Applications,
`
`Web browser interface and/or Desktop Applications (collectively, “Accused Products and/or
`
`Services”).
`
`ACTUAL NOTICE AND KNOWLEDGE OF THE PATENTS-IN-SUIT
`
`11.
`
`Defendant had actual notice and/or knowledge of the Patents-in-Suit since at least
`
`April 12, 2019 when the Plaintiff sent a letter to Defendant, copy of the original attached as
`
`Exhibit 1 that explicitly listed the Patents-in-Suit.
`
`12.
`
`Defendant has had knowledge of the Patents-in-Suit and its infringement since at
`
`least the filing of the Original Complaint in this action, or shortly thereafter, including by way of
`
`this lawsuit.
`
`COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,606,880
`
`13.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`3
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 4 of 26
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`preceding paragraphs of this Complaint as if fully set forth herein.
`
`14.
`
`On December 10, 2013, the ’880 Patent, entitled “Use of Wireless Devices’
`
`External Storage,” was duly and legally issued by the United States Patent and Trademark
`
`Office. A true and correct copy of the ’880 Patent is attached as Exhibit 2-A.
`
`15.
`
`Defendant has infringed and continues to infringe at least claims 2, 7-17 of the
`
`’880 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United
`
`States, the Accused Products and/or Services.
`
`16.
`
`As just one non-limiting example, set forth in the claim chart, attached as Exhibit
`
`3-A, is a description of exemplary claim 2 of the ’880 Patent. Plaintiff reserves the right to
`
`modify this description, including on the basis of information it obtains during discovery.
`
`17.
`
`For example, the Accused Products and/or Services meet all of the claim
`
`limitations of claim 2 of the ’880 Patent, set forth below with claim language in italics. To the
`
`extent the preamble is limiting, the Accused Products and/or Services include a system for
`
`expanding storage capacity of a plurality of wireless devices, the system comprising a configured
`
`server.
`
`
`
`
`
`4
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 5 of 26
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`https://acrobat.adobe.com/us/en/ last visited on August 22, 2019.
`
`18.
`
`The Accused Products and/or Services allocate a storage space of a predefined
`
`capacity for each of the wireless devices, create a file system for the storage space allocated for
`
`the each of the wireless devices.
`
`How much storage do I have?
`
`If you have a full Adobe Creative Cloud membership or a single app
`membership, you have 100GB storage. If you have a Creative Cloud
`Photography membership, you have 20GB or 1TB storage. If you have a trial
`product or a free membership, you have 2GB storage. Creative Cloud for
`teams and Creative Cloud for enterprise memberships include 100GB of
`storage per seat.
`
`https://helpx.adobe.com/creative-cloud/kb/file-storage-quota.html
`
`19.
`
`The Accused Products and/or Services establish a link for each of the wireless
`
`devices access to the storage space.
`
`https://helpx.adobe.com/creative-cloud/help/sync-files.html#Accessclouddocuments
`
`
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`5
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 6 of 26
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`20.
`
`The Accused Products and/or Services update the file system whenever a user of
`
`the each of the wireless devices performs an operation to the storage space, wherein the storage
`
`space being remotely located with respect to the each of the wireless devices.
`
`Sync or upload assets
`
`•
`
`To sync assets from your computer, do one of the following:
`• Copy, paste, or move assets to the Creative Cloud Files directory on
`your desktop.
`In an app, choose File > Save or File > Save As and navigate to
`the Creative Cloud Files directory.
`Note:
`To open the Creative Cloud Files directory from the Creative Cloud desktop app,
`select Files and click Open Folder.
`Filenames that contain special characters such as |, ", ?, <, >, /, *, or : are not synced.
`Neither do files with reserved names, such as AUX or Com1. If you receive an error,
`rename the asset filename to sync it to Creative Cloud. For more information,
`see Error: "Unable to sync assets."
`Also, you can upload assets directly to Your Work using any of the
`following methods.
`
`
`Upload and manage your assets on Creative Cloud using the Upload
`Files button.
`https://helpx.adobe.com/creative-cloud/help/sync-files.html#Syncoruploadassets
`
`
`21.
`
`The Accused Products and/or Services include wherein the updating of the file
`
`system comprises, updating the file system for storing a file therein, the storing of a file including
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`6
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 7 of 26
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`to download a file from a remote web server, according to download information for the file
`
`cached in the each of the wireless devices received therefrom, directly into the storage device
`
`allocated thereto when the user via a web browser executed on the each of the wireless devices
`
`to perform an operation of downloading the file from the remote web server to the storage space
`
`instead of downloading the file into the each of the wireless devices itself.
`
`22.
`
`The Accused Products and/or Services include software operation on the wireless
`
`devices, wherein each of the wireless devices is operable access to the storage space allocated to
`
`the each of the wireless devices.
`
`
`
`How do I create a Collaboration?
`
`Log in to your Creative Cloud account and navigate to the folder or library
`on which you want to collaborate. Click the menu on the lower-right corner
`and click Collaborate.
`Enter the email address of the person you want to include in the
`collaboration and click the Invite button. To invite multiple collaborators,
`enter a list of email addresses separated by a comma or semicolon. Add
`more collaborators, and/or click the close button (X) to exit the dialog.
`
`https://helpx.adobe.com/creative-cloud/help/collaboration-faq.html
`Defendant has committed acts of infringement without license or authorization.
`23.
`
`7
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 8 of 26
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`Defendant knew or should have known that its actions would cause direct and indirect
`
`infringement of the ’880 Patent. On information and belief, Defendant acted with objective
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`24.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’880 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or Services
`
`to be manufactured, by providing user guides, installation or instruction manuals, and other
`
`training materials, by advertising and solicitation and otherwise providing sales-related materials,
`
`and by instructing and/or demonstrating to customers, distributers, end-users, vendors including
`
`customer-support and/or manufacturers the normal operation of the Accused Products and/or
`
`Services that infringe the ’880 Patent. Defendant is aware and/or willfully blind that these
`
`affirmative acts infringe and/or would induce infringement of the ’880 Patent, of which it had
`
`knowledge.
`
`25.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’880 Patent by, among other things, providing
`
`seamless external storage capability that operates as internal storage in its Accused Products
`
`and/or Services and by encouraging, at a minimum, customers, distributors, end-users, vendors
`
`including customer-support and/or manufacturers in this District and elsewhere, to infringe the
`
`’880 Patent. By importing, exporting, manufacturing, distributing, selling, and/or providing the
`
`8
`
`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 9 of 26
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`Accused Products and/or Services for their intended use to customers, distributors, end-users,
`
`vendors including customer-support and/or manufacturers, Defendant has, in the past and
`
`continues to contribute to the infringement of one or more claims of the ’880 Patent. The
`
`Accused Products and/or Services are material to the inventions claimed in the ’880 Patent, have
`
`no substantial non-infringing uses, and are known by Defendant (on information and belief) to be
`
`especially made or especially adapted for use in infringing the ’880 Patent, and which are
`
`otherwise not staple articles of commerce suitable for substantial non-infringing use. Defendant
`
`is aware and/or willfully blind that these affirmative acts infringe and/or constitute contributory
`
`infringement of the ’880 Patent, of which it had knowledge.
`
`26.
`
`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’880
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe, either
`
`directly or under the doctrine of equivalents, one or more claims of the ’880 Patent (e.g., claims
`
`2, 7-17) by configuring and dynamically resizing logical volumes. At a minimum, Defendant is
`
`liable for the indirect infringement of claims 2, 7-17 of the ’880 Patent.
`
`27.
`
`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
`
`infringement has been and continues to be willful. As a result of Defendant’s willful
`
`infringement of the ’880 Patent, Plaintiff has suffered damages and will continue to suffer
`
`damages.
`
`28.
`
`Defendant will continue to infringe unless this Court enjoins Defendant and its
`
`agents, servants, employees, representatives and all others acting in active concert with it from
`
`9
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 10 of 26
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`infringing the ’880 Patent.
`
`29.
`
`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
`
`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
`
`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT II: INFRINGEMENT OF U.S. PATENT NO. 8,856,195
`
`30.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`31.
`
`On October 7, 2014, the ’195 Patent, entitled “Method and System for Wireless
`
`Device Access to External Storage,” was duly and legally issued by the United States Patent and
`
`Trademark Office. A true and correct copy of the ’195 Patent is attached as Exhibit 2-B.
`
`32.
`
`Defendant has infringed and continues to infringe at least claims 15-20 of the
`
`’195 Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making,
`
`using, selling, and/or offering for sale in the United States, and/or importing into the United
`
`States, Accused Products and/or Services. comprises storing data therein or retrieving data
`
`therefrom, the storing of a data object including to download a file from a remote server into the
`
`first one of the storage spaces through utilizing download information for the file, including
`
`name of the file and internet protocol (“IP”) address of the remote server, cached in a cache
`
`storage of the first wireless device in response to the user from the first wireless device
`
`performed the operation for the downloading.
`
`33.
`
`As just one non-limiting example, set forth in the claim chart, attached as Exhibit
`
`3-B, is a description of exemplary claim 15 of the ’195 Patent. Plaintiff reserves the right to
`
`modify this description, including on the basis of information it obtains during discovery.
`
`10
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 11 of 26
`
`34.
`
`Defendant has committed acts of infringement without license or authorization.
`
`Defendant knew or should have known that its actions would cause direct and indirect
`
`infringement of the ’195 Patent. On information and belief, Defendant acted with objective
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`35.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’195 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or Services
`
`to be manufactured, by providing user guides, installation or instruction manuals, and other
`
`training materials, by advertising and solicitation and otherwise providing sales-related materials,
`
`and by instructing and/or demonstrating to customers, distributers, end-users, vendors including
`
`customer-support and/or manufacturers the normal operation of the Accused Products and/or
`
`Services that infringe the ’195 Patent. Defendant is aware and/or willfully blind that these
`
`affirmative acts infringe and/or would induce infringement of the ’195 Patent, of which it had
`
`knowledge.
`
`36.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’195 Patent by, among other things, providing
`
`seamless external storage capability that operates as internal storage in its Accused Products
`
`and/or Services and by encouraging, at a minimum, customers, distributors, end-users, vendors
`
`including customer-support and/or manufacturers in this District and elsewhere, to infringe the
`
`11
`
`

`

`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 12 of 26
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`’195 Patent. By importing, exporting, manufacturing, distributing, selling, and/or providing the
`
`Accused Products and/or Services for their intended use to customers, distributors, end-users,
`
`vendors including customer-support and/or manufacturers, Defendant has, in the past and
`
`continues to contribute to the infringement of one or more claims of the ’195 Patent. The
`
`Accused Products and/or Services are material to the inventions claimed in the ’195 Patent, have
`
`no substantial non-infringing uses, and are known by Defendant (on information and belief) to be
`
`especially made or especially adapted for use in infringing the ’195 Patent, and which are
`
`otherwise not staple articles of commerce suitable for substantial non-infringing use. Defendant
`
`is aware and/or willfully blind that these affirmative acts infringe and/or constitute contributory
`
`infringement of the ’195 Patent, of which it had knowledge.
`
`37.
`
`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’195
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe, either
`
`directly or under the doctrine of equivalents, one or more claims of the ’195 Patent (e.g., claims
`
`15-20) by configuring and dynamically resizing logical volumes. At a minimum, Defendant is
`
`liable for the indirect infringement of claims 15-20 of the ’195 Patent.
`
`38.
`
`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
`
`infringement has been and continues to be willful. As a result of Defendant’s willful
`
`infringement of the ’195 Patent, Plaintiff has suffered damages and will continue to suffer
`
`damages.
`
`12
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 13 of 26
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`39.
`
`Defendant will continue to infringe unless this Court enjoins Defendant and its
`
`agents, servants, employees, representatives and all others acting in active concert with it from
`
`infringing the ’195 Patent.
`
`40.
`
`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
`
`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
`
`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together with
`
`interest and costs as fixed by this Court under 35 U.S.C. § 284.
`
`COUNT III: INFRINGEMENT OF U.S. PATENT NO. 8,868,690
`
`41.
`
`SynKloud reasserts and incorporates herein by reference the allegations of all
`
`preceding paragraphs of this Complaint as if fully set forth herein.
`
`42.
`
`On October 21, 2014, the ’690 Patent, entitled “System and Method for Support
`
`Wireless Device Access to External Storage,” was duly and legally issued by the United States
`
`Patent and Trademark Office. A true and correct copy of the ’690 Patent is attached as Exhibit
`
`2-C.
`
`43.
`
`Defendant has infringed and continues to infringe at least claims 1-20 of the ’690
`
`Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making, using,
`
`selling, and/or offering for sale in the United States, and/or importing into the United States,
`
`Accused Products and/or Services.
`
`44.
`
`As just one non-limiting example, set forth in the claim chart, attached as Exhibit
`
`3-C, is a description of exemplary claim 1 of the ’690 Patent. Plaintiff reserves the right to
`
`modify this description, including on the basis of information it obtains during discovery.
`
`45.
`
`Defendant has committed acts of infringement without license or authorization.
`
`Defendant knew or should have known that its actions would cause direct and indirect
`
`13
`
`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 14 of 26
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`infringement of the ’690 Patent. On information and belief, Defendant acted with objective
`
`recklessness by proceeding despite an objective high likelihood that its actions constituted
`
`infringement of a valid patent.
`
`46.
`
`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
`
`infringement and continuing to actively induce infringement. Defendant actively induces and
`
`continues to induce its customers, distributors, end-users, vendors including customer-support
`
`and/or manufacturers to infringe the ’690 Patent. On information and belief, Defendant
`
`possessed a specific intent to induce infringement, and in fact did induce infringement, by
`
`engaging in affirmative acts such as by selling and causing the Accused Products and/or Services
`
`to be manufactured, by providing user guides, installation or instruction manuals, and other
`
`training materials, by advertising and solicitation and otherwise providing sales-related materials,
`
`and by instructing and/or demonstrating to customers, distributers, end-users, vendors including
`
`customer-support and/or manufacturers the normal operation of the Accused Products and/or
`
`Services that infringe the ’690 Patent. Defendant is aware and/or willfully blind that these
`
`affirmative acts infringe and/or would induce infringement of the ’690 Patent, of which it had
`
`knowledge.
`
`47.
`
`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
`
`continuing to contribute to the infringement of the ’690 Patent by, among other things, providing
`
`seamless external storage capability that operates as internal storage in its Accused Products
`
`and/or Services and by encouraging, at a minimum, customers, distributors, end-users, vendors
`
`including customer-support and/or manufacturers in this District and elsewhere, to infringe the
`
`’690 Patent. By importing, exporting, manufacturing, distributing, selling, and/or providing the
`
`Accused Products and/or Services for their intended use to customers, distributors, end-users,
`
`14
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`

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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 15 of 26
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`vendors including customer-support and/or manufacturers, Defendant has, in the past and
`
`continues to contribute to the infringement of one or more claims of the ’690 Patent. The
`
`Accused Products and/or Services are material to the inventions claimed in the ’690 Patent, have
`
`no substantial non-infringing uses, and are known by Defendant (on information and belief) to be
`
`especially made or especially adapted for use in infringing the ’690 Patent, and which are
`
`otherwise not staple articles of commerce suitable for substantial non-infringing use. Defendant
`
`is aware and/or willfully blind that these affirmative acts infringe and/or constitute contributory
`
`infringement of the ’690 Patent, of which it had knowledge.
`
`48.
`
`Defendant is liable for indirect infringement, i.e., both inducement and
`
`contributory infringement, based on the direct infringement that is the result of activities
`
`performed by customers, distributors, end-users, vendors including customer-support and/or
`
`manufacturers who use all elements or perform all steps of one or more claims of the ’690
`
`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe, either
`
`directly or under the doctrine of equivalents, one or more claims of the ’690 Patent (e.g., claims
`
`1-20) by configuring and dynamically resizing logical volumes. At a minimum, Defendant is
`
`liable for the indirect infringement of claims 1-20 of the ’690 Patent.
`
`49.
`
`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
`
`infringement has been and continues to be willful. As a result of Defendant’s willful
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`infringement of the ’690 Patent, Plaintiff has suffered damages and will continue to suffer
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`damages.
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`50.
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`Defendant will continue to infringe unless this Court enjoins Defendant and its
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`agents, servants, employees, representatives and all others acting in active concert with it from
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`infringing the ’690 Patent.
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 16 of 26
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`51.
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`Plaintiff has been damaged as a result of Defendant’s infringing conduct.
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`Defendant is, thus, liable to Plaintiff in an amount that adequately compensates Plaintiff for
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`Defendant’s infringement, which, by law, cannot be less than a reasonable royalty, together with
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`interest and costs as fixed by this Court under 35 U.S.C. § 284.
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`COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 9,219,780
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`52.
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`SynKloud reasserts and incorporates herein by reference the allegations of all
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`preceding paragraphs of this Complaint as if fully set forth herein.
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`53.
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`On December 22, 2015, the ’780 Patent, entitled “Method and System for
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`Wireless Device Access to External Storage,” was duly and legally issued by the United States
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`Patent and Trademark Office. A true and correct copy of the ’780 Patent is attached as Exhibit
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`2-D.
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`54.
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`Defendant has infringed and continues to infringe at least claims 9-15 of the ’780
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`Patent under 35 U.S.C. § 271(a), literally or under the doctrine of equivalents, by making, using,
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`selling, and/or offering for sale in the United States, and/or importing into the United States,
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`Accused Products and/or Services.
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`55.
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`As just one non-limiting example, set forth in the claim chart, attached as Exhibit
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`3-D, is a description of exemplary claim 9 of the ’780 Patent. Plaintiff reserves the right to
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`modify this description, including on the basis of information it obtains during discovery.
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`56.
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`Defendant has committed acts of infringement without license or authorization.
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`Defendant knew or should have known that its actions would cause direct and indirect
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`infringement of the ’780 Patent. On information and belief, Defendant acted with objective
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`recklessness by proceeding despite an objective high likelihood that its actions constituted
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`infringement of a valid patent.
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 17 of 26
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`57.
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`Defendant is also liable under 35 U.S.C. § 271(b) for actively inducing
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`infringement and continuing to actively induce infringement. Defendant actively induces and
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`continues to induce its customers, distributors, end-users, vendors including customer-support
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`and/or manufacturers to infringe the ’780 Patent. On information and belief, Defendant
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`possessed a specific intent to induce infringement, and in fact did induce infringement, by
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`engaging in affirmative acts such as by selling and causing the Accused Products and/or Services
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`to be manufactured, by providing user guides, installation or instruction manuals, and other
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`training materials, by advertising and solicitation and otherwise providing sales-related materials,
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`and by instructing and/or demonstrating to customers, distributers, end-users, vendors including
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`customer-support and/or manufacturers the normal operation of the Accused Products and/or
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`Services that infringe the ’780 Patent. Defendant is aware and/or willfully blind that these
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`affirmative acts infringe and/or would induce infringement of the ’780 Patent, of which it had
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`knowledge.
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`58.
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`Defendant is also liable under 35 U.S.C. § 271(c) for contributing to and
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`continuing to contribute to the infringement of the ’780 Patent by, among other things, providing
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`seamless external storage capability that operates as internal storage in its Accused Products
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`and/or Services and by encouraging, at a minimum, customers, distributors, end-users, vendors
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`including customer-support and/or manufacturers in this District and elsewhere, to infringe the
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`’780 Patent. By importing, exporting, manufacturing, distributing, selling, and/or providing the
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`Accused Products and/or Services for their intended use to customers, distributors, end-users,
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`vendors including customer-support and/or manufacturers, Defendant has, in the past and
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`continues to contribute to the infringement of one or more claims of the ’780 Patent. The
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`Accused Products and/or Services are material to the inventions claimed in the ’780 Patent, have
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`Case 6:19-cv-00527-ADA Document 1 Filed 09/06/19 Page 18 of 26
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`no substantial non-infringing uses, and are known by Defendant (on information and belief) to be
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`especially made or especially adapted for use in infringing the ’780 Patent, and which are
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`otherwise not staple articles of commerce suitable for substantial non-infringing use. Defendant
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`is aware and/or willfully blind that these affirmative acts infringe and/or constitute contributory
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`infringement of the ’780 Patent, of which it had knowledge.
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`59.
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`Defendant is liable for indirect infringement, i.e., both inducement and
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`contributory infringement, based on the direct infringement that is the result of activities
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`performed by customers, distributors, end-users, vendors including customer-support and/or
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`manufacturers who use all elements or perform all steps of one or more claims of the ’780
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`Patent. For example, end users of Defendant’s Accused Products and/or Services infringe, either
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`directly or under the doctrine of equivalents, one or more claims of the ’780 Patent (e.g., claims
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`9-15) by configuring and dynamically resizing logical volumes. At a minimum, Defendant is
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`liable for the indirect infringement of claims 9-15 of the ’780 Patent.
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`60.
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`Defendant’s conduct as alleged herein constitutes egregious behavior, and the
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`infringement has been and continues to be willful. As a result of Defendant’s willful
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`infringement of the ’780 Patent, Plaintiff has suffered damages and will continue to suffer
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`damages.
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`61.
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`Defendant will continue to infringe unless this Court enjoins Defen