`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page1 of 161
`
`
`AW 1 2 2010
`
`0' Rrsfngrg
`wiekmg
`8 ,
`. R.
`I f I "
`%*:.2r':§.3;°55*‘i3?i~ia
`
`MORRISON & FOERSTER LLP
`
`MICHAEL A. JACOBS (Bar No. 111664)
`rnj acobs@mofo.com
`MARC DAVID PETERS (Bar No. 21 1725)
`mdpeters@m0fo.C0m
`755 Page Mill Road
`
`Palo Alto, CA 94304-1018
`Telephone: (650) 813 -5600
`Facsimile (650) 494-0792
`
`BOIES, SCHILLER & FLEXNER LLP
`A
`'
`I
`E1$i\;ISIC@]b3s(I1I1E§:(()1r:i0 W V” Pe“d{{‘g2.(-fig-to,
`333 Main Street
`Armonk, NY 10504
`Telephone: (914) 749-8200
`Facsimile: (914) 749-8300
`STEVEN C. HOLTZMAN (Bar No. 144177)
`sholtzman@bsfllp.com
`1999 Harrison St., Suite 900
`Oakland, CA 94612
`Telephone (510) 874-1000
`Facsimile: (510) 874-1460
`
`ORACLE CORPORATION
`
`DORIAN DALEY (Bar No. 129049)
`dorian.daley@oracle.com
`DEBORAH K. MILLER (Bar No. 95527)
`deborah.miller@oracle.com
`»MATTHEW M. SARBORARIA (Bar No. 211600)
`matthew.sarboraria@0racle.com500 Oracle Parkway
`Redwood City, CA 94065
`Telephone: (650) 506-5200
`Facsimile: (650) 506-7114
`
`Attorneys for Plaintzfl
`ORACLE AMERICA, INC.
`
`UNITED STATES DISTRICT COURT
`
`NORTHERN DISTRICT OF CALIFORNIA
`
`ORACLE AMERICA, INC.
`
`Case No.
`
`Plaintiff,
`
`COMPLAINT FOR PATENT AND
`COPYRIGHT INFRINGEMENT
`
`v.
`
`GOOGLE, INC.
`
`Defendant.
`
`DEMAND FOR JURY TRIAL
`
`COMPLAINT FOR P..~\T1~:N'r AND C()P\’RIGl~l'l‘ INFRINGEMENT AND DEMAND FOR J URY ‘TRIAL
`CASE NO.
`
`pa—14l8l06
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page2 of 161
`
`Plaintiff Oracle America, Inc., by and through its attorneys, alleges as follows:
`
`PARTIES
`1. Oracle America, Inc. (“Oracle America”) is a corporation organized under the laws
`
`of the State of Delaware with its principal place of business at 500 Oracle Parkway, Redwood
`
`City, California 94065. Oracle America does business in the Northern District of California.
`2. Upon information and belief, Defendant Google, Inc. (“Google”) is a corporation
`
`organized under the laws of the State of Delaware with its principal place of business at 1600
`
`Amphitheatre Parkway, Mountain View, California 94043. Google does business in the Northern
`
`District of California.
`
`JURISDICTION AND VENUE
`3. This is an action for patent and copyright infringement arising under the patent and
`
`copyright laws of the United States, Titles 35 and 17, United States Code. Jurisdiction as to these
`
`claims is conferred on this Court by 28 U.S.C. §§ 1331 and 1338(a).
`4. Venue is proper in the Northern District of California under 28 U.S.C. §§ 1391 and
`
`1400(b).
`5. This Court has personal jurisdiction over Google. Google has conducted and does
`
`conduct business within the State of California and within this judicial district.
`6. Google, directly or through intermediaries, makes, distributes, offers for sale or
`
`license, sells or licenses, and advertises its products and services in the United States, the State of
`
`California, and the Northern District of California.
`
`INTRADISTRICT ASSIGNMENT
`7. This is an Intellectual Property Action to be assigned on a district-wide basis
`
`pursuant to Civil Local Rule 3-2(c).
`
`BACKGROUND
`8. Oracle Corporation (“Oracle”) is one of the world’s leading technology companies,
`
`providing complete, open, and integrated business software and hardware systems. On January
`
`27, 2010, Oracle acquired Sun Microsystems, Inc. (“Sun”). Sun is now Oracle America, a
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`1
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page3 of 161
`
`subsidiary of Oracle. Oracle America continues to hold all of Sun’s interest, rights, and title to
`
`the patents and copyrights at issue in this litigation.
`9. One of the most important technologies Oracle acquired with Sun was the Java
`
`platform. The Java platform, which includes code and other documentation and materials, was
`
`developed by Sun and first released in 1995. The Java platform is a bundle of related programs,
`
`specifications, reference implementations, and developer tools and resources that allow a user to
`
`deploy applications written in the Java programming language on servers, desktops, mobile
`
`devices, and other devices. The Java platform is especially useful in that it insulates applications
`
`from dependencies on particular processors or operating systems. To date, the Java platform has
`
`attracted more than 6.5 million software developers. It is used in every major industry segment
`
`and has a ubiquitous presence in a wide range of computers, networks, and devices, including
`
`cellular telephones and other mobile devices. Sun’s development of the Java platform resulted in
`
`many computing innovations and the issuance to Sun of a substantial number of important
`
`patents.
`10. Oracle America is the owner by assignment of United States Patents
`
`Nos. 6,125,447; 6,192,476; 5,966,702; 7,426,720; RE38,104; 6,910,205; and 6,061,520,
`
`originally issued to Sun. True and correct copies of the patents at issue in this litigation are
`
`included as Exhibits A-G.
`11. Oracle America owns copyrights in the code, documentation, specifications,
`
`libraries, and other materials that comprise the Java platform. Oracle America’s Java-related
`
`copyrights are registered with the United States Copyright Office, including those attached as
`
`Exhibit H.
`12. Google’s Android competes with Oracle America’s Java as an operating system
`
`software platform for cellular telephones and other mobile devices. The Android operating
`
`system software “stack” consists of Java applications running on a Java-based object-oriented
`
`application framework, and core libraries running on a “Dalvik” virtual machine (VM) that
`
`features just-in-time (JIT) compilation. Google actively distributes Android (including without
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`2
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page4 of 161
`
`limitation the Dalvik VM and the Android software development kit) and promotes its use by
`
`manufacturers of products and applications.
`13. Android (including without limitation the Dalvik VM and the Android software
`
`development kit) and devices that operate Android infringe one or more claims of each of United
`
`States Patents Nos. 6,125,447; 6,192,476; 5,966,702; 7,426,720; RE38,104; 6,910,205; and
`
`6,061,520.
`14. On information and belief, Google has been aware of Sun’s patent portfolio,
`
`including the patents at issue, since the middle of this decade, when Google hired certain former
`
`Sun Java engineers.
`15. On information and belief, Google has purposefully, actively, and voluntarily
`
`distributed Android and related applications, devices, platforms, and services with the expectation
`
`that they will be purchased, used, or licensed by consumers in the Northern District of California.
`
`Android has been and continues to be purchased, used, and licensed by consumers in the Northern
`
`District of California. Google has thus committed acts of patent infringement within the State of
`
`California and, particularly, within the Northern District of California. By purposefully and
`
`voluntarily distributing one or more of its infringing products and services, Google has injured
`
`Oracle America and is thus liable to Oracle America for infringement of the patents at issue in
`
`this litigation pursuant to 35 U.S.C. § 271.
`
`COUNT I
`
`(Infringement of the ’447 Patent)
`16. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`17. On September, 26, 2000, United States Patent No. 6,125,447, (“the '447 patent”)
`
`entitled “Protection Domains To Provide Security In A Computer System” was duly and legally
`
`issued to Sun by the United States Patent and Trademark Office. Oracle America is the owner of
`
`the entire right, title, and interest in and to the '447 patent. A true and correct copy of the '447
`
`patent is attached as Exhibit A to this Complaint.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`3
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page5 of 161
`
`18. Google actively and knowingly has infringed and is infringing the '447 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'447 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '447 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '447 patent pursuant to 35 U.S.C. § 271.
`
`COUNT II
`
`(Infringement of the ’476 Patent)
`19. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`20. On February 20, 2000, United States Patent No. 6,192,476, (“the '476 patent”)
`
`entitled “Controlling Access To A Resource” was duly and legally issued to Sun by the United
`
`States Patent and Trademark Office. Oracle America is the owner of the entire right, title, and
`
`interest in and to the '476 patent. A true and correct copy of the '476 patent is attached as Exhibit
`
`B to this Complaint.
`21. Google actively and knowingly has infringed and is infringing the '476 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'476 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '476 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '476 patent pursuant to 35 U.S.C. § 271.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`4
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page6 of 161
`
`COUNT III
`
`(Infringement of the ’702 Patent)
`22. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`23. On October 12, 1999, United States Patent No. 5,966,702, (“the '702 patent”)
`
`entitled “Method And Apparatus For Preprocessing And Packaging Class Files” was duly and
`
`legally issued to Sun by the United States Patent and Trademark Office. Oracle America is the
`
`owner of the entire right, title, and interest in and to the '702 patent. A true and correct copy of
`
`the '702 patent is attached as Exhibit C to this Complaint.
`24. Google actively and knowingly has infringed and is infringing the '702 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'702 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '702 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '702 patent pursuant to 35 U.S.C. § 271.
`
`COUNT IV
`
`(Infringement of the ’720 Patent)
`25. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`26. On September 16, 2008, United States Patent No. 7,426,720, (“the '720 patent”)
`
`entitled “System And Method For Dynamic Preloading Of Classes Through Memory Space
`
`Cloning Of A Master Runtime System Process” was duly and legally issued to Sun by the United
`
`States Patent and Trademark Office. Oracle America is the owner of the entire right, title, and
`
`interest in and to the '720 patent. A true and correct copy of the '720 patent is attached as Exhibit
`
`D to this Complaint.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`5
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page7 of 161
`
`27. Google actively and knowingly has infringed and is infringing the '720 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'720 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '720 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '720 patent pursuant to 35 U.S.C. § 271.
`
`COUNT V
`
`(Infringement of the ’104 Patent)
`28. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`29. On April 29, 2003, United States Patent No. RE38,104, (“the '104 patent”) entitled
`
`“Method And Apparatus For Resolving Data References In Generate Code” was duly and legally
`
`issued to Sun by the United States Patent and Trademark Office. Oracle America is the owner of
`
`the entire right, title, and interest in and to the '104 patent. A true and correct copy of the '104
`
`patent is attached as Exhibit E to this Complaint.
`
`30. Google actively and knowingly has infringed and is infringing the '104 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'104 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '104 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '104 patent pursuant to 35 U.S.C. § 271.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`6
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page8 of 161
`
`COUNT VI
`
`(Infringement of the ’205 Patent)
`31. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`32. On June 21, 2005, United States Patent No. 6,910,205, (“the '205 patent”) entitled
`
`“Interpreting Functions Utilizing A Hybrid Of Virtual And Native Machine Instructions” was
`
`duly and legally issued to Sun by the United States Patent and Trademark Office. Oracle
`
`America is the owner of the entire right, title, and interest in and to the '205 patent. A true and
`
`correct copy of the '205 patent is attached as Exhibit F to this Complaint.
`33. Google actively and knowingly has infringed and is infringing the '205 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'205 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '205 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '205 patent pursuant to 35 U.S.C. § 271.
`
`COUNT VII
`
`(Infringement of the ’520 Patent)
`34. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`35. On May 9, 2000, United States Patent No. 6,061,520, (“the '520 patent”) entitled
`
`“Method And System for Performing Static Initialization” was duly and legally issued to Sun by
`
`the United States Patent and Trademark Office. Oracle America is the owner of the entire right,
`
`title, and interest in and to the '520 patent. A true and correct copy of the '520 patent is attached
`
`as Exhibit G to this Complaint.
`
`36. Google actively and knowingly has infringed and is infringing the '520 patent with
`
`knowledge of Oracle America’s patent rights and without reasonable basis for believing that
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`7
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page9 of 161
`
`Google’s conduct is lawful. Google has also induced and contributed to the infringement of the
`
`'520 patent by purchasers, licensees, and users of Android, and is continuing to induce and
`
`contribute to the infringement of the '520 patent by purchasers, licensees, and users of Android.
`
`Google’s acts of infringement have been and continue to be willful, deliberate, and in reckless
`
`disregard of Oracle America’s patent rights. Google is thus liable to Oracle America for
`
`infringement of the '520 patent pursuant to 35 U.S.C. § 271.
`
`COUNT VIII
`
`(Copyright Infringement)
`37. Oracle America hereby restates and realleges the allegations set forth in paragraphs
`
`1 through 15 above and incorporates them by reference.
`38. The Java platform contains a substantial amount of original material (including
`
`without limitation code, specifications, documentation and other materials) that is copyrightable
`
`subject matter under the Copyright Act, 17 U.S.C. § 101 et seq.
`39. Without consent, authorization, approval, or license, Google knowingly, willingly,
`
`and unlawfully copied, prepared, published, and distributed Oracle America’s copyrighted work,
`
`portions thereof, or derivative works and continues to do so. Google’s Android infringes Oracle
`
`America’s copyrights in Java and Google is not licensed to do so.
`40. On information and belief, users of Android, including device manufacturers, must
`
`obtain and use copyrightable portions of the Java platform or works derived therefrom to
`
`manufacture and use functioning Android devices. Such use is not licensed. Google has thus
`
`induced, caused, and materially contributed to the infringing acts of others by encouraging,
`
`inducing, allowing and assisting others to use, copy, and distribute Oracle America’s
`
`copyrightable works, and works derived therefrom.
`41. On information and belief, Google’s direct and induced infringements are and have
`
`been knowing and willful.
`42. By this unlawful copying, use, and distribution, Google has violated Oracle
`
`America’s exclusive rights under 17 U.S.C. § 106.
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`8
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page10 of 161
`
`43. Google has realized unjust profits, gains and advantages as a proximate result of its
`
`infringement.
`44. Google will continue to realize unjust profits, gains and advantages as a proximate
`
`result of its infringement as long as such infringement is permitted to continue.
`45. Oracle America is entitled to an injunction restraining Google from engaging in any
`
`further such acts in violation of the United States copyright laws. Unless Google is enjoined and
`
`prohibited from infringing Oracle America’s copyrights, inducing others to infringe Oracle
`
`America’s copyrights, and unless all infringing products and advertising materials are seized,
`
`Google will continue to intentionally infringe and induce infringement of Oracle America’s
`
`registered copyrights.
`46. As a direct and proximate result of Google’s direct and indirect willful copyright
`
`infringement, Oracle America has suffered, and will continue to suffer, monetary loss to its
`
`business, reputation, and goodwill. Oracle America is entitled to recover from Google, in
`
`amounts to be determined at trial, the damages sustained and will sustain, and any gains, profits,
`
`and advantages obtained by Google as a result of Google’s acts of infringement and Google’s use
`
`and publication of the copied materials.
`
`WHEREFORE, Oracle America prays for judgment as follows:
`
`PRAYER FOR RELIEF
`
`A.
`
`Entry of judgment holding Google liable for infringement of the patents and
`
`copyrights at issue in this litigation;
`
`B.
`
`An order permanently enjoining Google, its officers, agents, servants, employees,
`
`attorneys and affiliated companies, its assigns and successors in interest, and those persons in
`
`active concert or participation with it, from continued acts of infringement of the patents and
`
`copyrights at issue in this litigation;
`
`C.
`
`An order that all copies made or used in violation of Oracle America’s copyrights,
`
`and all means by which such copies may be reproduced, be impounded and destroyed or
`
`otherwise reasonably disposed of;
`
`D.
`
`An order awarding Oracle America statutory damages and damages according to
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`9
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page11 of 161
`
`proof resulting from Google’s infringement of the patents and copyrights at issue in this litigation,
`
`together with prejudgment and post-judgment interest;
`
`E.
`
`Trebling of damages under 35 U.S.C. § 284 in view of the willful and deliberate
`
`nature of Google’s infringement of the patents at issue in this litigation;
`
`F.
`
`An order awarding Oracle America its costs and attorney’s fees under 35 U.S.C.
`
`§ 285 and 17 U.S.C. § 505; and
`
`G.
`
`Any and all other legal and equitable relief as may be available under law and
`
`which the court may deem proper.
`
`
`
`DEMAND FOR A JURY TRIAL
`
`Oracle America demands a jury trial for all issues so triable.
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT FOR PATENT AND COPYRIGHT INFRINGEMENT AND DEMAND FOR JURY TRIAL
`CASE NO.
`
`pa-1418106
`
`10
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page12 of 161
`Case3:lO—cv—O3561—WHA Documentl Fi|ed08/12/10 Pagelz of 161
`
`Dated: August 12, 2010
`
`MORRISON & FOERSTER LLP
`
`MICHAEL A. JACOBS (Bar No. 111664)
`m_jaeobs@mofo.eom
`MARC DAVID I’Ii'I‘I,£RS (Bar No. 21 1725)
`mdpeters@mofo.eom
`755 Page Mill Road
`Palo Alto, CA 94304-1018
`Telephone: (650) 813-5600
`Facsimile (650) 494-0792
`
`BOIES, SCHILLER & FLEXNER LLP
`DAVID BOIES (Pro Hac Vice Pending)
`dboies@bsfllp.eom
`333 Main Street
`
`Armonk, NY 10504
`Telephone: (914) 749-8200
`Facsimile: (914) 749-8300
`STIiVI}iN C. IIOI,'I7,M/\N (Bar No. 144177)
`sholtzman@bs11lp.eom
`1999 Ilarrison St., Suite 900
`Oakland, CA 94612
`Telephone (510) 874- I 000
`Facsimile: (510) 874-1460
`
`ORACLI£ CORPORATION
`MATTHIEW M. SARBORARIA
`
`(Bar No. 211600)
`matthew.sarboraria@oraele.eom
`500 Oracle Parkway
`Redwood City, CA 94065
`Telephone: (650) 506-5200
`Facsimile: (650) 506-7114
`
`/1tl0rney_s'/or Plczil/1tz_'[]"
`ORACLE AMERICA, INC.
`
`C()Ml’l,s\lN'l‘ FOR I’.L\'l‘EN'1‘AI\‘l)C()l’\’Rl(;Il'l‘ INFRlN(.‘lCMlCN'l‘ AND l)1<:M,\NI) mu .l1:m' TR!/\l.
`(,'.A\SF. N0.
`
`1
`
`l
`
`pa-1418106
`
`9
`
`10
`
`11
`
`I2
`
`14
`
`15
`
`16
`
`26
`
`27
`
`28
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page13 of 161
`Case3:lO—cv—O3561—WHA Documentl Fi|ed08/12/10 Page13 of 161
`
`
`
`EXHIBIT A
`
`EXHIBIT A
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page14 of 161
`CaSe3‘1°'°”'°3561'W”A D°°”'"°ll||l|lllllllllflllflllflllllllllllflfliflilliilllfllll||||||||||||
`
`US006125447A
`
`United States Patent
`
`[19]
`
`[11] Patent Number:
`
`6,125,447
`
`Gong
`
`[45] Date of Patent:
`
`Sep. 26, 2000
`
`Technologies and Systems, Monterey, CA, USA, 8-11 Dec.
`1997, ISBN 1-880446-91-S, 1997, Berkeley, CA, USA,
`Usenix Assoc., USA, pp. 103-112, XP002100907.
`
`Wallach, D. S., et al.: “Extensible Security Architectures for
`Java”, 16th ACM Symposium on Operating Systems Prin-
`ciples, Sain Malo, France, 5-8 Oct. 1997, ISSN 0163-5980,
`Operating Systems Review, Dec. 1997, ACM, USA, pp.
`116-128, XP-002101681.
`
`Dean, D., et al., “Java Security: From HotJava to Netscape
`and Beyond,” Proceedings of the 1996 IEEE Symposium on
`Security and Privacy, Oakland, CA, May 6-8, 1996.
`
`Hamilton, M.A., “Java and the Shift to Net-Centric Com-
`puting,” Computer, vol. 29, No. 8, Aug., 1996.
`
`Primary Examiner—Robert W. Beausoliel, Jr.
`Assistant Examiner—Scott T. Baderman
`
`Attorney, Agent, or Firm—McDermott, Will & Emery
`
`[57]
`
`ABSTRACT
`
`A method and apparatus are provided for maintaining and
`enforcing security rules using protection domains. As new
`code arrives at a computer, a determination is assigned to a
`protection domain based on the source from which the code
`is received. The protection domain establishes the permis-
`sions that apply to the code. In embodiments where the code
`to be executed by the computer belongs to object classes, an
`association is established between the protection domains
`and the classes of objects. When an object requests an
`action, a determination is made as to whether the action is
`permitted based on the class to which the object belongs and
`the association between classes and protection domains.
`
`24 Claims, 6 Drawing Sheets
`
`[54] PROTECTION DOMAINS TO PROVIDE
`SECURITY IN A COMPUTER SYSTEM
`
`[75]
`
`Inventor: Li Gong, Menlo Park, Calif.
`
`[73] Assignee: Sun Microsystems, Inc., Mountain
`View, Calif.
`
`[21] Appl. No.: 08/988,439
`
`[22]
`
`Filed:
`
`Dec. 11, 1997
`
`Int. Cl.7 ...................................................... .. H04L 9/00
`[51]
`[52] U.S. Cl.
`........................................... .. 713/201; 713/154
`[58] Field of Search .......................... .. 713/200, 201-202,
`713/151, 152, 153, 154-168, 169; 709/229,
`303; 395/704; 714/38, 48; 707/103, 9, 10;
`380/4
`
`[56]
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`5/1994 Fischer ...................................... .. 380/4
`2/1998 Deo ............ ..
`713/200
`5/1998 Atsatt et al.
`..
`395/614
`11/1998 Fieres et al.
`380/25
`12/1998 Wendorf et al.
`395/726
`4/1999 Atkinson et al.
`..................... .. 713/201
`
`
`
`.
`
`5,311,591
`5,720,033
`5,758,153
`5,841,870
`5,845,129
`5,892,904
`
`FOREIGN PATENT DOCUMENTS
`.. G06F 9/44
`2259590A 3/1993 WIPO
`2308688A 7/1997 WIPO ........................... G06F 12/14
`OTHER PUBLICATIONS
`
`Gong Li, et al.: “Going Beyond the Sandbox: An Overview
`of the New Security Architecture in the JavaTM Development
`Kit 1.2”, Proceedings of the Usenix Symposium on Internet
`
`406
`
` Receive class
`
`
`
`
`
`Is a protection
`domain created
`
`for class
`
`
`
`domain
`
`Establish protection
`
`
`
`
`
`Establish mapping of class
`to protection domain?
`
`
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page15 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page15 of 161
`
`U.S. Patent
`
`00026,2mS
`
`.m_h__S
`
`0.101
`
`:3
`
`ms
`
`_
`
`._____
`
`_____
`
`6,125,447
`
`639
`
`
`
`E0252éoamz
`
`OE
`
`xz:
`
`7............:I...::».:I..--L
`
`F_aw
`
`
`
`><._%a_moéoa20¢22:_qnanas..3_BEGE052
`
`
`
`
`
`_mad«aw_mamm_o_>maS._z_
`
`
`
`
`
`_zo_Eo_z2,_2oomommmooyaSE28_mommno
`
`m_oEmEz_mmmu.
`
`
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page16 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page16 of 161
`
`U.S. Patent
`
`Sep. 26,2000
`
`Sheet 2 of6
`
`6,125,447
`
`Code Stream 220
`
`228
`
`Trusted Sources
`
`Code Executor 2111
`
`Policy File
`244
`
`Policy Object
`240
`
`
`
`Code |dentifler_232
`
`Class Name23fl
`
`Protection
`
`Domain
`
`Object
`282
`
`Access Controller
`
`28D
`
`Fig. 2
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page17 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page17 of 161
`
`U.S. Patent
`
`Sep. 26, 2000
`
`Sheet 3 of 6
`
`6,125,447
`
`
`
`3%age:9:;>$_mEommo5o8Eom\\“mE:o_mw_E_8
`
`
`
`
`
`
`
`.EE<mfis>$__o£omo5om_m£o\\um__._:o_mm_E_mq
`
`
`
`
`
`
`
`«RE:225>9=mm_Eoo.mo_:ow.2s>3\\éEco_mm_E_8
`
`
`
`
`
`m.5
`
`1.0%2ramm:o_§Em:_
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page18 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page18 of 161
`
`U.S. Patent
`
`Sep. 26, 2000
`
`Sheet 4 of 6
`
`6,125,447
`
`406
`
`Receive class
`
`
`
`is a protection
`domain created
`
`
`
`
`
`for class
`
`Establish protection
`domain
`
`Establish mapping of class
`to protection domain?
`
`
`
`
`
`Fig. 4
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page19 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page19 of 161
`
`U.S. Patent
`
`Sep. 26,2000
`
`Sheet 5 of6
`
`6,125,447
`
`550
`
`
`
`Receive a request to perform
`a particular action?
`
`
`
`
`request?
`
`Fig. 5
`
`Perform requested action
`
`
`
`is the required permission
`included in all the protection
`domains associated with the
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page20 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page2O of 161
`
`U.S. Patent
`
`002(092
`
`S
`
`6
`
`6
`
`6,125,447
`
`M..aes=82.
`
`=o_mm_Ean_
`
`=o_mm_E_on_
`
`
`
`...a§.,2_§__
`
`0:o_mm_E_mn_
`
`
`
`_.L®._mr_m>._.®:.S>=\xx
`
`nm=U$m;—=
`
`t:o_mm_..Emn_,,e./.m,,
`
`
`
`Hw:_mEoo:o_62En_
`
`
`
`_Emeoocozoeoi
`
`O5Em3:8
`
`
`
`
`Case3:10-cv-03561-WHA Document1 Filed08/12/10 Page21 of 161
`Case3:10—cv—O3561—WHA Documentl Fi|edO8/12/10 Page21 of 161
`
`6,125,447
`
`1
`PROTECTION DOMAINS TO PROVIDE
`SECURITY IN A COMPUTER SYSTEM
`
`RELATED APPLICATIONS
`
`The present application is related to U.S. patent applica-
`tion Ser. No. 08/988,857, entitled “TYPED,
`PARAMETERIZED, AND EXTENSIBLE ACCESS CON-
`TROL PERMISSIONS”, filed by Li Gong, on the equal day
`herewith, now U.S. Pat. No. 6,047,377 the contents of which
`are incorporated herein by reference.
`The present application is related to U.S. patent applica-
`tion Ser. No. 08/988,431, entitled “CONTROLLING
`ACCESS TO A RESOURCE”, filed by Li Gong, on the
`equal day herewith, the contents of which are incorporated
`herein by reference.
`The present application is related to U.S. patent applica-
`tion Ser. No. 08/988,660, entitled “SECURE CLASS
`RESOLUTION, LOADING, AND DEFINITION”, filed by
`Li Gong, on the equal day herewith, now U.S. Pat. No.
`6,044,467, the contents of which are incorporated herein by
`reference.
`
`FIELD OF THE INVENTION
`
`The present invention relates to security mechanisms in a
`computer system.
`BACKGROUND OF THE INVENTION
`
`As the use of computer systems grows, organizations are
`becoming increasingly reliant upon them. A malfunction in
`the computer system can severely hamper the operation of
`such organizations. Thus organizations that use computer
`systems are vulnerable to users who may intentionally or
`unintentionally cause the computer system to malfunction.
`One way to compromise the security of a computer
`system is to cause the computer system to execute software
`that performs harmful actions on the computer system.
`There are various types of security measures that may be
`used to prevent a computer system from executing harmful
`software. One example is to check all software executed by
`the computer system with a “virus” checker. However, vir