V Patentsor © Trademarks:etbineCalornia_
`
`Case3:14-cv-01197-JCS Document6 Filed03/14/14 Pagel of 1
`& AO 120 (Rev. 2/99
`
`TO:
`
`Mail Stop 8
`REPORT ON THE
`
`Directorof the U.S. Patent & Trademark Office
`
`FILING OR DETERMINATION OF AN
`
`
`P.O. Box 1450
`
`ACTION REGARDING A PATENT OR
`Alexandria, VA 22313-1450
`
`
`TRADEMARK
`
`
`In Compliance with 35 § 290 and/or 15 U.S.C. § 1116 you are hereby advised that a court action has been
`filed in the U.S. District Court__ Northern District California
`_on the
`DOCKET NO.
`DATE FILED
`U.S. DISTRICT COURT
`
`450 Golden Gate Avenue. 16" Floor, San Francisco CA 94102
`
`
`
`PLAINTIFF
`DEFENDANT
`
`SOPHOSINC
`FINJAN INC
`
`
`
`
`
`
`
`
`
`
`
`
`PATENT OR
`TRADEMARK NO.
`1¢, 804, 280
`
`
`
`DATE OF PATENT
`OR TRADEMARK
`
`HOLDEROF PATENT OR TRADEMARK
`
`
`
`
`
`In the above—entitled case, the foll
`owing patent(s) have been included:
`
`DATE INCLUDED
`INCLUDED By
`
`
`C] Amendment
`C] Answer
`CL Cross Bill
`L] Other Pleading
`DATE OF PATENT
`
`OR TRADEMARK
`HOLDEROF PATENT OR TRADEMARK
`
`PATENT OR
`TRADEMARK NO.
`
`
`
`
`
`In the above—entitled case, the following decision has been rendered orjudgementissued:
`
`DECISION/IUDGEMENT (BY) DEPUTY CLERK
`
`March 15, 2014
`Gina Agustine
`Richard W. Wicking
` Copy 1—Uponinitiation ofaction, mail this copy to Commissioner Copy 3—Upontermination ofaction, mail this copy to Commissioner
`Copy 2—Upon filing document adding patent(s), mail this copy to Commissioner
`Copy 4—Casefile copy
`
`

`

`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Page9 of 33
`
`also conduct cloud-based selective sandboxing to analyze suspicious content with both web
`
`— 2|
`
`|protection and intrusion prevention. The following showsthe cloud based sandboxingfeatures:
`
`3
`
`Advanced Threat Protection Cptions
`
`
`4 seat
`snnner
`nee annem
`
`
`sone
`a
`
`& Send suspicious content ta SophosLabsfor analysis
`
`h
`,
`
`SophosLabs features a cloud-based sandbox where the behavior
`of suspected malware can be automatically observed and
`analysed. This helps ensure speedy delivery of protection updates
`directly to your UTM, Disabling this functionality may increase
`defense response time.
`All submissions are sent over a secure channel and are handied
`according to the Sophost.abs information Security Policy.
`
`wf Apply
`
`Cloud-based selective sandboxing allows SophosLabs to analyze suspicious content.
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`1] See http://blogs.sophos.com/2014/02/26/whats-coming-in-sophos-utm-accelerated-9-2-5-advanced-
`
`threat-protection-atp/, a true and correct copy of which is attached hereto as Exhibit H.
`
`13
`
`14
`
`15
`16
`
`17
`
`32.
`
`Sophos WebLENStechnology blocksthreats using content reassembly with JavaScript
`
`emulation and behavioral analysis. Its purpose is to stop malicious code at the network layer beforeit
`is passed to the browser.
`
`SOPHOS’ INFRINGEMENT OF FINJAN’S PATENTS
`
`18
`33.
`Defendant has been andis nowinfringing the ‘780 Patent, the ‘154 Patent, the ‘918
`19 Patent, the ‘289 Patent, the ‘926 Patent, and the ‘844 Patent (collectively “the Paterits-In-Suit”) in this
`
`20
`
`21
`
`22
`
`judicial District, and elsewhere in the United States by, among other things, making,using,
`
`importing, selling, and/or offering for sale the claimed system and methodsthatutilize Sophos Live
`
`73 Protection, Advanced Threat Protection, and WebLENS,including without limitation on Enduser
`4||Protection Suites, Endpoint Antivirus, Endpoint Antivirus Cloud, Sophos Cloud, Unified Threat
`
`25||Management, Next-Gen Firewall, Secure Web Gateway, Secure Email Gateway, and Server Security.
`
`26
`
`27
`
`28
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page10 of 33
`
`34,
`
`In addition to directly infringing the Patents-In-Suit pursuantto 35 U.S.C. § 271 (a)
`
`eitherliterally or underthe doctrine of equivalents, Defendant indirectly infringes the ‘780 Patent, the
`
`‘918 Patent, the ‘289 Patent, the ‘926 Patent, and the ‘844 Patent pursuant to 35 U.S.C. § 271(b) by
`
`instructing, directing and/or requiring others, including its users and developers, to perform all or
`
`some of the steps of the method claimsofthese patents, either literally or under the doctrine of
`
`equivalents.
`
`COUNT I
`(Direct Infringementof the ‘780 Patent pursuant to 35 U.S.C. § 271(a))
`
`35.
`
`Finjan repeats, realleges, and incorporates by reference,as if fully set forth herein, the
`
`allegations of the preceding paragraphs,as set forth above.
`
`36.
`
`Defendant has infringed and continues to infringe one or more claims of the ‘780
`
`Patent in violation of 35 U.S.C. § 271(a).
`
`Defendant’s infringement is based uponliteral infringement or, in the alternative,
`37.
`infringementunder the doctrine of equivalents.
`
`38.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale infringing
`
`products and services have been without the permission, consent, authorization orlicense of Finjan.
`
`39,
`
`Defendant’s infringementincludes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of Defendant’s productsandservices, including but notlimited to
`
`SophosLive Protection, which embodies the patented invention ofthe ‘780 Patent.
`
`40.
`
`As a result of Defendant’s unlawfulactivities, Finjan has suffered and will continue to
`
`suffer irreparable harm for whichthere is no adequate remedy at law. Accordingly, Finjan is entitled
`
`to preliminary and/or permanentinjunctiverelief.
`
`41.
`
`Defendant’s infringementofthe ‘780 Patenthas injured and continuesto injure Finjan
`
`in an amount to be provenattrial.
`
`WDNO=
`
`saHNWN
`
`oO
`
`10
`
`i 1
`
`2
`1B
`
`15
`
`16
`
`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
`
`27
`
`28
`
` COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Page11 of 33
`
`COUNTII
`(Indirect Infringementof the ‘780 Patent pursuantto 35 U.S.C. § 271(b))
`
`42.
`
`Finjan repeats, realleges, and incorporates by reference,asif fully set forth herein, the
`
`allegations of the preceding paragraphs,as set forth above.
`
`43,
`
`Defendanthas induced and continuesto induce infringementofat least claims 1-8 of
`
`the ‘780 Patent under 35 U.S.C. § 271(b).
`
`44,
`
`In addition to directly infringing the ‘780 Patent, Defendant indirectly infringes the
`
`‘780 Patent pursuantto 35 U.S.C. § 271(b) by instructing, directing and/or requiring others, including
`
`but not limited to its customers, users and developers, to perform someofthe steps of the method
`
`claims,eitherliterally or under the doctrine of equivalents, of the ‘780 Patent, whereall the steps of
`
`the method claimsare performed by either Sophosor its customers,users or developers, or some
`
`combination thereof. Defendant knew or waswillfully blind to the fact that it was inducing others,
`
`including customers,users and developers,to infringe by practicing, either themselvesor in
`
`conjunction with Defendant, one or more methodclaimsofthe ‘780 Patent.
`
`45.
`
`Defendant knowingly andactively aided and abetted the direct infringementof the
`
`‘780 Patent by instructing and encouragingits customers, users and developersto use the Sophos
`
`Live Protection. Suchinstructions and encouragement include butare not limitedto, advising third
`
`parties to use the SophosLive Protection in an infringing manner, providing a mechanism through
`
`whichthird parties may infringe the ‘780 Patent, specifically through the use of the Sophos Live
`
`Protection, advertising and promoting the use of the Sophos Live Protection in an infringing manner,
`
`and distributing guidelines andinstructions to third parties on how to use the Sophos Live Protection
`
`in an infringing manner.
`
`10
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`ao
`
`FOoOSDNON
`
`1]
`
`12
`
`13
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
`
`

`

`Case3:14-cv-01197-JCS Document1 Filed03/14/14 Page12 of 33
`
`46.
`
`Sophosregularly updates and maintains the Sophos Support/Labsto provide
`
`demonstration, instructions, and technical assistance to users to help them use the Sophos Live
`
`we
`
`Protection, including:
`
`e
`
`Providing an overview of how Live Protections works. See http://www.sophos.com/en-
`us/support/knowledgebase/111334.aspx, a true andcorrect copy of whichis attached hereto as
`ExhibitI;
`
`e Giving step-by-step instructions on how to turn Live Protection on and off, combined with a
`video demonstration of the functionalities of Live Protection. See http://www.sophos.com/en-
`us/support/knowledgebase/116371.aspx, a true and correct copy of whichis attached hereto as
`ExhibitJ;
`
`e Maintaininga list of behaviorprofiles such as SUS/ZelXor-A,created by Sophos’ labs and
`posted on Sophos’ website for download. See http://www.sophos.com/en-us/threat-
`center/threat-analyses/suspicious-behavior-and-files/Sus~ZelXor-A.aspx, a true and correct
`copy of whichis attached hereto as Exhibit K:
`
`¢ Maintaininga list of Live Protection errors and suggesting ways ofresolving them. See
`http://www.sophos.com/en-us/support/knowledgebase/11 1244.aspx,a true and correct copy of
`whichis attached hereto as Exhibit L.
`
`47,
`
`Sophosprovidesquick start guides, administration guides, user guides, and operating
`
`instructions which cover in depth aspectsof operating Sophosofferings. See
`
`https://www.sophos.com/en-us/support/documentation.aspx, a true and correct copy of whichis
`
`attached hereto as Exhibit M.
`
`48.
`
`Sophos maintains and updates a YouTube channel where training and informational
`
`videos are postedin order to promotethe use of Sophos products. See
`
`http://www.youtube.com/user/SophosGlobalSupport?feature=watch, a true and correct copy of which
`
`is attached hereto as Exhibit N.
`
`iC
`
`oODfeoND
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`49,
`Sophos maintains and promotesthe Sophos Partner Program to encourage and expand
`use ofthe Sophos Live Protection by offering up-to-date training and certification enabled byafull
`curriculum ofcourses in order to increase skills and competency. See hitp://www.sophos.com/en-
`
`25
`
`26
`
`us/partners.aspx, a true and correct copy of whichis attached hereto as Exhibit O; see also
`
`27
`
`28
`
`1]
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Document1 Filed03/14/14 Page13 of 33
`
`http://www.sophos.com/en-us/medialibrary/PDFs/partners/sophos-partnership-with-sophos-na.pdf, a
`true and correct copy of whichis attached hereto as Exhibit P.
`
`50.
`
`Sophos maintains and promotes the Sophos Managed Service Provider program in
`
`which Sophostrains IT personnel to support Sophos products. See http://www.sophos.com/en-
`
`us/medialibrary/PDFs/partners/sophos_complete security_msps_dsna.pdf, a true and correct copy of
`
`whichis attached hereto as Exhibit Q.
`
`51.
`
`Sophos provides Global System Integrators who provide advisory, solution and deliver
`
`services to its customersacrossall market sections. These services include consulting, systems
`
`integration, managedservices andfull facilities outsourcing. See http://www.sophos.com/en-
`
`us/partners/global-system-integrators.aspx, a true and correct copy of whichis attached hereto as
`
`Exhibit R.
`
`52.
`
`Sophos maintains and offers Sophos Professional Services. SophosProfessional
`
`Services plans the requirementsofa client security needs, builds the endpoint and network solutions
`
`for the clients, and then manages the Sophos implemented solutions. See http://www.sophos.com/en-
`
`us/medialibrary/PDFs/professionalservices/sophosprofessionalservicesbrna.pdf, a true and correct
`
`copy of whichis attached hereto as ExhibitS.
`
`53.
`
`Defendant has had knowledge ofthe 780 Patentat least as ofthe time it learned of
`
`
`
`this action for infringement and by continuing the actions described above, has had the specific intent
`to or was willfully blind to the factthat its actions would induce infringementof the ‘780 Patent.
`
`54.
`Sophosactively andintentionally maintains websites, including Sophos’ Support, to
`promote the SophosLive Protection and to encourage potential customers, users and developers to
`use the SophosLive Protection in the manner described by Finjan.
`
`12
` COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page14 of 33
`
`55,
`
`Sophosactively updates websites, including Sophos’ Support, to promote the Sophos
`
`Live Protection and Advanced Threat Protection, including the Sophos Unified Threat Management,
`
`Next Generation Firewall, Secure Web Gateway, Secure E-mail Gateway, Sophos Cloud, Endpoint
`
`Antivirus Cloud, Endpoint Antivirus, Enduser Protection Suites, and Server Security, to encourage
`
`users and developersto practice the methodstaught in the ‘780 Patent.
`
`COUNT I
`(Direct Infringementof the ‘154 Patent pursuant to 35 U.S.C. § 271(a))
`
`56.
`
`Finjan repeats, realleges, and incorporates byreference, as if fully set forth herein, the
`
`allegations of the preceding paragraphs,as set forth above.
`
`57.
`
`Defendant has infringed and continuesto infringe one or moreclaimsof the ‘154
`
`Patentin violation of 35 U.S.C. § 271 (a).
`
`58.
`
`Defendant’s infringementis based uponliteral infringementor, in the alternative,
`
`infringement under the doctrine of equivalents.
`
`Defendant’s acts of making, using, importing, selling, and/or offering for sale infringing
`59.
`products and services have been without the permission, consent, authorization or license of Finjan.
`
`60.
`
`Defendant’s infringement includes, but is not limited to, the manufacture, use, sale,
`
`importation and/or offer for sale of Defendant’s products and services, including but not limited to
`
`Sophos Live Protection and Sophos Advanced Threat Protection, which embodythe patented
`
`invention of the ‘154 Patent.
`
`61.
`
`Asa result of Defendant’s unlawfulactivities, Finjan has suffered and will continue to
`
`suffer irreparable harm for which there is no adequate remedyat law. Accordingly, Finjanis entitled
`
`to preliminary and/or permanentinjunctiverelief.
`
`62.
`
` Defendant’s infringementof the ‘154 Patent has injured and continuesto injure Finjan
`
`in an amountto be proven attrial.
`
`Ww
`
`“ON
`
`10
`
`12
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`13
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`26
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`27
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`28
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`13
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page15 of 33
`
`COUNT IV
`(Direct Infringementof the ‘918 Patent pursuant to 35 U.S.C. § 271(a))
`
`63.
`
`Finjan repeats, realleges, and incorporates byreference,as if fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`64.
`
`Defendanthasinfringed and continuesto infringe one or more claimsofthe ‘918
`
`Patentin violation of 35 U.S.C. § 271(a).
`
`65.
`
`Defendant’s infringementis based uponliteral infringementor, in the alternative,
`
`infringement under the doctrine of equivalents.
`
`66.
`
`Defendant’s acts of making, using, importing, selling, and/or offering forsale infringing
`
`products and services have been withoutthe permission, consent, authorization or license of Finjan.
`
`67.
`
`Defendant’s infringementincludes, but is not limited to, the manufacture,use, sale,
`
`importation and/oroffer for sale of Defendant’s products and services, including but not limited to
`Sophos Live Protection and Sophos Advanced ThreatProtection, which embodies the patented
`invention of the ‘918 Patent.
`
`68.
`
`Asaresult of Defendant’s unlawfulactivities, Finjan has suffered and will continue to
`
`suffer irreparable harm for which there is no adequate remedy at law. Accordingly,Finjanis entitled
`
`to preliminary and/or permanentinjunctiverelief.
`
`69.
`
`Defendant’s infringement of the ‘918 Patent has injured and continuesto injure Finjan
`
`in an amountto be provenattrial.
`
`COUNT V
`(Indirect Infringementof the ‘918 Patent pursuant to 35 U.S.C. § 271(b))
`
`70.
`
`Finjan repeats, realleges, and incorporates by reference,asif fully set forth herein, the
`
` allegations of the preceding paragraphs,asset forth above.
`
`71.
`
`Defendanthasinduced andcontinuesto induce infringementofatleast claims 1-1 l,
`
`22-27, and 34 of the ‘918 Patent under 35 U.S.C. § 271(b).
`
`14
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page16 of 33
`
`72.
`
`In addition to directly infringing the ‘918 Patent, Defendant indirectly infringes the
`
`‘918 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others, including
`
`but not limited to its customers, users and developers, to perform some ofthe steps of the method
`
`claims,eitherliterally or under the doctrine of equivalents, of the ‘918 Patent, where all the steps of
`
`the methodclaims are performed by either Sophosorits customers, users or developers, or some
`
`combination thereof. Defendant knew or was willfully blind to the fact that it was inducingothers,
`
`including customers, users and developers,to infringe by practicing, either themselves orin
`
`conjunction with Defendant, one or more method claimsof the ‘918 Patent.
`
`73.
`
`Defendant knowingly andactively aided and abettedthe direct infringementofthe
`
`‘918 Patent by instructing and encouraging its customers, users and developers to use Sophos Live
`
`Protection and Sophos Advanced ThreatProtection. Such instructions and encouragementinclude
`
`but are not limited to, advising third parties to use the Sophos Live Protection and Sophos Advanced
`
`Threat Protection in an infringing manner, providing a mechanism through whichthird parties may
`infringe the ‘918 Patent, specifically through the use ofthe Sophos Live Protection and Sophos
`
`Advanced Threat Protection, advertising and promoting the use of the Sophos Live Protection and
`
`Sophos Advanced Threat Protection in an infringing manner,anddistributing guidelines and
`
`instructionsto third parties on how to use the SophosLive Protection and Sophos Advanced Threat
`
`Protection in an infringing manner.
`
`74.
`
`Sophosregularly updates and maintains the Sophos Support/Labsto provide
`
`demonstration, instructions, and technicalassistance to users to help them use the Sophos Live
`
`Protection and Advanced Threat Protection, including:
`
`*
`
`Providing an overview of howLive Protections works. See http://www.sophos.com/en-
`us/support/knowledgebase/11 1334.aspx, a true and correct copy of whichis attached hereto as
`ExhibitI;
`
`nNvnfFwW
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`15
` COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Document Filed03/14/14 Page17 of 33
`
`¢ Giving step-by-step instructions on how to turn Live Protection on and off, combined with a
`video demonstration of the functionalities of Live Protection. See http://www.sophos.com/en-
`us/support/knowledgebase/116371 -aspx, a true and correct copy of whichis attached hereto as
`Exhibit J;
`
`e Maintaininga list of behavior profiles such as SUS/ZelXor-A,created by Sophos’ labs and
`posted on Sophos’ website for download. See http://www.sophos.com/en-us/threat-
`center/threat-analyses/suspicious-behavior-and-files/Sus~ZelXor-A.aspx, a true and correct
`copy of whichis attached hereto as Exhibit T;
`
`¢ Maintainingalist of Live Protection errors and suggesting ways of resolving them. See
`http://www.sophos.com/en-us/support/knowledgebase/1 1244aspx, a true and correct copy of
`whichis attached hereto as Exhibit L;
`
`e Describing what Advanced ThreatProtection is used for and how to adjust its settings. See
`http://blogs.sophos.com/2014/02/26/whats-coming-in-so hos-utm-accelerated-9-2-5-advanced-
`
`threat-protection-atp/, a true and correct copy of whichis attached hereto as Exhibit H.
`
`
`
`e
`
`e
`
`Providing a YouTubevideo onthe new feature of Advanced Threat Protection, Available at
`http://www.youtube.com/watch?v=qcGV-R1z6io (last visited March 13, 2014);
`
`Providing a written “how to” configure the Advanced Threat Protection. See
`http://www.sophos.com/en-us/support/knowledgebase/120330.aspx, a true and correct copy of
`whichis attached hereto as Exhibit U.
`
`Sophos provides quick start guides, administration guides, user guides, and operating
`75.
`instructions which cover in depth aspects of operating Sophosofferings. See
`
`https://www.sophos.com/en-us/support/documentation.aspx, a true and correct copy of whichis
`
`attached hereto as Exhibit M.
`
`76.
`
`Sophos maintains and updates a YouTube channel where training and informational
`
` videosare posted in order to promote the use of Sophos products. See
`
`http://www.youtube.com/user/SophosGlobalSupport?feature=watch, a true and correct copy of which
`
`is attached hereto as Exhibit N.
`
`77.
`Sophos maintains and promotes the Sophos Partner Program to encourage and expand
`use of the SophosLive Protection by offering up-to-date training and certification enabled byafull
`
`curriculum of coursesin order to increase skills and competency. See http://www.sophos.com/en-
`
`16
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Document1 Filed03/14/14 Page18 of 33
`
`us/partners.aspx, a true and correct copy of whichis attached hereto as Exhibit O; see also
`
`true and correct copy of whichis attached hereto as Exhibit P.
`
` http://www.sophos.com/en-us/medialibrar i ith-sophos-na.pdf, a
`
`
`
`
`
`Sophos maintains and promotes the Sophos ManagedService Provider program in
`78.
`which Sophostrains IT personnel to support Sophos products. See http://www.sophos.com/en-
`us/medialibrary/PDFs/partners/sophos_complete security_msps_dsna.pdf, a true andcorrect copy of
`whichis attached hereto as Exhibit Q.
`
`79.
`Sophos provides Global System Integrators who provide advisory, solution and deliver
`services to its customersacrossall market sections. These services include consulting, systems
`integration, managedservices andfull facilities outsourcing. See http://www.sophos.com/en-
`us/partners/global-system-integrators.aspx, a true and correct copy of whichis attached hereto as
`
`17
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`
`Exhibit R.
`
`Sophos maintains and offers Sophos Professional Services. SophosProfessional
`80.
`Services plans the requirements ofa client security needs, builds the endpoint and networksolutions
`for the clients, and then managesthe Sophos implementedsolutions. See http://www.sophos.com/en-
`us/medialibrary/PDFs/professionalservices/sophosprofessionalservicesbrna.pdf, a true and correct
`copy of whichis attached hereto as Exhibit S.
`
`81.
`Defendant has had knowledgeofthe ’918 Patentat least as of the time it learned of
`this action for infringement and by continuing the actions described above has had the specific intent
`to or was willfully blind to the fact that its actions would induce infringementofthe ‘918 Patent.
`82.
`Sophosactively andintentionally maintains websites, including Sophos’ Support, to
`promote the SophosLive Protection and Advanced Threat Protection and to encourage potential users
`
`

`

`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Pagel of 33
`
`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`Ikobialka@kramerlevin.com
`Therebyattestandeat,DOCUMENT
`JAMES HANNAH (State Bar No. 237978)
`locument
`which
`oot
`this is a printed
`jhannah@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP_DistriggCounfeNetmically filetinh ;
`990 Marsh Road
`Date
`F;
`\ Noaheth
`District
`beCa pmmia States
`Menlo Park, CA 94025
`Me Filed:
`Telephone: (650) 752-1700
`RICHARD w WI
`Facsimile: (650) 752-1800
`By:
`]
`
`
`
`Attorneysfor Plaintiff
`FINJAN, INC.
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`Case No.Cy | 4- |
`
`| q) OaS
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`DEMAND FOR JURY TRIAL
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`FINJAN, INC., a Delaware Corporation,
`
`Plaintiff,
`
`v.
`
`SOPHOS,INC., a Massachusetts Corporation,
`
`Defendant.
`
`
`
`

`

`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page19 of 33
`
`and developers to use the Sophos Live Protection and Advanced Threat Protection in the manner
`
`described by Finjan.
`
`83.
`
`Sophosactively updates websites, including Sophos’ Support, to promote the Sophos
`
`Live Protection and Advanced ThreatProtection, including the Sophos Unified Threat Management,
`
`Next Generation Firewall, Secure Web Gateway, Secure E-mail Gateway, Sophos Cloud, Endpoint
`
`Antivirus Cloud, Endpoint Antivirus, Enduser Protection Suites, and Server Security, to encourage
`
`users and developers to practice the methods taughtin the ‘918 Patent.
`
`COUNT VI
`(Direct Infringementof the ‘289 Patent pursuantto 35 U.S.C. § 271(a))
`
`84.
`
`Finjan repeats, realleges, and incorporates by reference, asif fully set forth herein, the
`
`allegations of the preceding paragraphs,as set forth above.
`
`85.
`
`Defendanthasinfringed and continuesto infringe one or more claims of the ‘289
`
`Patentin violation of 35 U.S.C. § 271 (a).
`
`86.
`
` Defendant’s infringementis based uponliteral infringementor, in the alternative,
`
`infringement underthe doctrine of equivalents.
`
`87.
`
` Defendant’s acts of making, using, importing, selling, and/or offering forsale infringing
`
`products and services have been without the permission, consent, authorizationor license of Finjan.
`
`88.
`
`Defendant’s infringementincludes, but is not limited to, the manufacture, use, sale,
`
`importation and/oroffer for sale of Defendant’s productsandservices, including but notlimited to
`
`Sophos WebLENSand Sophos Advanced ThreatProtection, which embodythepatented invention of
`
`the ‘289 Patent.
`
`89.
`
`Asaresult of Defendant’s unlawful activities, Finjan has suffered and will continue to
`
`suffer irreparable harm for whichthere is no adequate remedy at law. Accordingly, Finjanis entitled
`
`to preliminary and/or permanentinjunctiverelief,
`
`18
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Page20 of 33
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`90.
`
`Defendant’s infringementof the ‘289 Patent has injured and continuesto injure Finjan
`
`in an amountto be provenattrial.
`
`COUNTVII
`(Indirect Infringementof the ‘289 Patent pursuantto 35 U.S.C. § 271(b))
`
`91.
`
`Finjan repeats, realleges, and incorporates by reference,as if fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`92.
`
`Defendant has induced and continues to induce infringementofat least claims 1-9, 19-
`
`21, 25-29, and 35-40 ofthe ‘289 Patent under 35 U.S.C. § 271(b).
`
`93.
`
`In addition to directly infringing the ‘289 Patent, Defendantindirectly infringes the
`
`‘289 Patent pursuant to 35 U.S.C. § 271(b) by instructing, directing and/or requiring others, including
`
`but not limited to its customers, users and developers, to perform someofthe steps of the method
`
`claims,eitherliterally or under the doctrine of equivalents, of the ‘289 Patent, whereall the steps of
`
`the method claimsare performed by either Sophosorits customers, users or developers, or some
`
`combination thereof. Defendant knew or waswillfully blindto the fact that it was inducing others,
`
`including customers, users and developers, to infringe by practicing, either themselves orin
`
`conjunction with Defendant, one or more methodclaimsofthe ‘289 Patent.
`
`94.
`
`Defendant knowingly andactively aided andabetted the direct infringementofthe
`
`‘289 Patent by instructing and encouragingits customers, users and developers to use Sophos
`
`WebLENSand Sophos Advanced Threat Protection. Suchinstructions and encouragement include
`
`butare not limited to, advising third parties to use the Sophos WebLENSand Sophos Advanced
`
`Threat Protection in an infringing manner, providing a mechanism through which third parties may
`
`infringe the ‘289 Patent, specifically through the use of the Sophos WebLENSand Sophos Advanced
`
`Threat Protection, advertising and promoting the use of the Sophos WebLENSand Sophos Advanced
`
`Threat Protection in an infringing manner, anddistributing guidelines and instructionsto third parties
`
`> S
`
`sHDGN
`
`19
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Page21 of 33
`
`—
`
`we
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`on howto use the Sophos WebLENSand Sophos Advanced Threat Protection in an infringing
`
`manner.
`
`95.
`
`Sophosregularly updates and maintains the Sophos Support/Labs to provide
`
`demonstration, instructions, and technical assistance to users to help them use the Advanced Threat
`
`Protection, including:
`e Describing what Advanced Threat Protection is used for and howto adjustits settings. See
`http://blogs.sophos.com/2014/02/26/whats-coming-in-sophos-utm-accelerated-9-2-5-advanced-
`
`threat-protection-atp/, a true and correct copy of whichis attached hereto as Exhibit H;
`
`
`
`e
`
`e
`
`Providing a YouTube video on the new feature of Advanced ThreatProtection. Available at
`http://www.youtube.com/watch?v=qcGV-R1z6io (last visited March 13, 2014);
`
`Providing a written “how to” configure the Advanced Threat Protection. See
`http://www.sophos.com/en-us/support/knowledgebase/120330.aspx, a true and correct copy of
`which is attached hereto as Exhibit U.
`
`96.
`
`Sophos Providesquick start guides, administration guides, user guides, and operating
`
`instructions which coverin depth aspects of operating Sophos offerings. See
`
`https://www.sophos.com/en-us/support/documentation.aspx, a true and correct copy of whichis
`
`attached hereto as Exhibit M.
`
`97.
`
`Sophos maintains and updates a YouTube channel wheretraining and informational
`
`videos are posted in order to promote the use of Sophos products. See
`
`http://www.youtube.com/user/SophosGlobalSupport?feature=watch,a true andcorrect copy of which
`
`is attached hereto as Exhibit N.
`
`98.
`
`Sophos maintains and promotes the Sophos Partner Program to encourage and expand
`
`use of the SophosLive Protection by offering up-to-date training andcertification enabled byafull
`23
`curriculum ofcoursesin order to increase skills and competency, See http://www.sophos.com/en-
`24
`us/partners.aspx, a true and correct copy of which is attached hereto as Exhibit O; see also
`
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`20
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`

`

`Case3:14-cv-01197-JCS Documenti Filed03/14/14 Page22 of 33
`
`http://www.sophos.com/en-us/medialibrary/PDFs/partners/sophos-partnership-with-sophos-na.pdf, a
`
`true and correct copy of whichis attached hereto as Exhibit P.
`
`99,
`
`Sophos maintains and promotes the Sophos Managed Service Provider program in
`
`which Sophos trains IT personnel to support Sophos products. See http://www.sophos.com/en-
`
`us/medialibrary/PDFs/partners/sophos_complete_security_msps_dsna.pdf, a true and correct copy of
`
`whichis attached hereto as Exhibit Q.
`
`100.
`
`Sophos provides Global System Integrators who provide advisory, solution and deliver
`
`services to its customers across all market sections. These services include consulting, systems
`
`integration, managedservices andfull facilities outsourcing. See http://www.sophos.com/en-
`
`us/partners/global-system-integrators.aspx, a true and correct copy of whichis attached hereto as
`
`Exhibit R.
`
`101.
`
`Sophos maintains and offers Sophos Professional Services. Sophos Professional
`
`Services plans the requirements of a client security needs, builds the endpoint and network solutions
`
`for the clients, and then manages the Sophos implementedsolutions. See http://(www.sophos.com/en-
`
`us/medialibrary/PDFs/professionalservices/sophosprofessionalservicesbrna.pdf, a true and correct
`copy of whichis attached hereto as ExhibitS.
`
`102. Defendant has had knowledgeof the ’289 Patentat least as of the timeit learned of
`
`this action for infringement and by continuing the actions described above has had the specific intent
`
`to or was willfully blind to the fact that its actions would induce infringementof the ‘289 Patent.
`
`103.
`
`Sophosactively and intentionally maintains websites, including Sophos’ Support, to
`
`promote the Sophos WebLENSand Sophos Advanced ThreatProtection and to encouragepotential
`
`users and developers to use the Sophos WebLENS and Sophos AdvancedThreat Protection in the
`
`manner described by Finjan.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`21
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`Case3:14-cv-01197-JCS Documentl Filed03/14/14 Page23 of 33
`
`104.
`
`Sophosactively updates websites, including Sophos’ Support, to promote the Sophos
`
`WebLENSand Sophos Advanced Threat Protection, including the Sophos Unified Threat
`
`Management, Virtual Web Appliance Next Generation Firewall, Secure Web Gateway, and Enduser
`
`Protection Suites, to encourage users and developersto practice the methods taughtin the ‘289
`
`Patent.
`
`COUNT VIII
`(Direct Infringementof the ‘926 Patent pursuant to 35 U.S.C. § 271(a))
`
`105.
`
`Finjan repeats, realleges, and incorporates by reference, asif fully set forth herein, the
`
`allegations of the preceding paragraphs, as set forth above.
`
`106. Defendant has infringed and continuesto infringe one or more claims of the ‘926
`
`Patent in violation of 35 U.S.C. § 271 (a).
`
`107. Defendant’s infringementis based uponliteral infringementor, in the alternative,
`
`infringement underthe doctrine of equivalents.
`
`108. Defendant’s acts of making,using, importing,selling, and/or offering forsale infringing
`
`products and services have been withoutthe permission, consent, authorization or license of Finjan.
`
`109. Defendant’s infringementincludes, but is not limited to, the