Case 1:21-cv-03027-RM-MEH Document 1 Filed 11/09/21 USDC Colorado Page 1 of 21
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`UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF COLORADO
`
`
`Case No.:
`
`
`COMPLAINT FOR PATENT
`INFRINGEMENT
`
`TRIAL BY JURY DEMANDED
`
`CYPH, Inc.,
`2093A Philadelphia Pike, Suite 152,
`Claymont, DE 19703
`
` Plaintiff,
`
` v.
`
`Zoom Video Communications, Inc.,
`7601 Technology Way, Suite 300
`Denver, Colorado 80237
` Defendant.
`
`
`
`COMPLAINT
`
`COMES NOW, Plaintiff Cyph, Inc. (“Cyph” or “Plaintiff”), by and through his attorneys
`
`of record, Carl Brundidge and David Moore of Brundidge & Stanger, P.C., files this Complaint
`
`against Defendant Zoom Video Communications, Inc. (“Zoom” or “Defendant”). For its
`
`Complaint against Defendant, Plaintiff alleges as follows:
`
`PARTIES
`
`1.
`
`CYPH is a small company incorporated in the state of Delaware. CYPH’s principal place
`
`of business is located at 2093A Philadelphia Pike, Suite 152, Claymont, DE 19703.
`
`2.
`
`Zoom is a publicly traded video communications and online media company, organized
`
`under the laws of Delaware, with a principal place of business at 55 Almaden Boulevard – 6th
`
`floor, San Jose, California, 95113 and an Office located at 7601 Technology Way, Suite 300,
`
`Denver, Colorado 80237. Zoom provides a video communications platform to anyone with internet
`
`access, around the world. Since the beginning of coronavirus pandemic in January 2020, Zoom’s
`
`
`
`1
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`subscription and sales volume spiked to produce 2500% growth of net income in 2020.1 Zoom’s
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`corporation value has soared to pass that of ExxonMobil.
`
`NATURE OF THE ACTION
`
`3.
`
`This is a civil action for Zoom’s infringement of U.S. Patent No. 9,948,625 B2 (the “’625
`
`Patent”), U.S. Patent No. 10,701,047 (the “’047 Patent”), U.S. Patent No. 10,020,946 (the “’946
`
`Patent”), U.S. Patent No. 9,794,070 (the “’070 Patent”), U.S. Patent No. 10,003,465 (the “’465
`
`Patent”), and U.S. Patent No. 9,906,369 (the “’369 Patent”) (collectively referred to as the
`
`“Asserted Patents”), which are attached hereto as Exhibits A, B, C, D, E, and F, respectively, and
`
`incorporated herein by reference, and pursuant to 35 U.S.C. §271, and to recover damages,
`
`attorney’s fees, and costs.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement in violation of the Patent Act of the United States,
`
`Title 35 of the United States Code §§100, et seq.
`
`5.
`
`The Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§1331
`
`and 1338(a).
`
`6.
`
`This Court has personal jurisdiction over Zoom, by virtue of both general and specific
`
`personal jurisdiction. First, Zoom is incorporated in Delaware, and has an Office in this jurisdiction
`
`at 7601 Technology Way, Suite 300, Denver, Colorado 80237. Zoom’s continuous and systematic
`
`activities within this jurisdiction gives rise to the required level of contact for general personal
`
`
`1 Zoom’s userbase skyrocketed from 10 million in December 2019 to 300 million in April 2020.
`FTC Requires Zoom to Enhance its Security Practices as Part of Settlement, FTC (Nov. 9, 2020),
`https://www.ftc.gov/news-events/press-releases/2020/11/ftc-requires-zoom-enhance-its-security-
`practices-part-settlement.
`
`
`
`2
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`

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`jurisdiction. Second, upon information and belief, Zoom’s activities are purposefully directed to
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`video communication platform users in this district, infringing the Asserted Patents, and causing
`
`irreparable harm to CYPH, constituting a substantial part of the cause of this action. Zoom is not
`
`prejudiced any way being sued in this district.
`
`7.
`
`Venue is proper in this district pursuant to 28 U.S.C. § 1400(b) because Zoom resides in
`
`this District at 7601 Technology Way, Suite 300, Denver, Colorado 80237 in accordance with the
`
`Supreme Court’s opinion in TC Heartland v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514
`
`(2017). Moreover, a substantial part of the events giving rise to CYPH’s claims occurred out of
`
`Zoom’s regular and continuous activities in this district.
`
`TECHNOLOGY OF CYPH
`
`8.
`
`The confidentiality of sensitive information and the protection of constituents’ privacy are
`
`pillars of modern communication and to the governance of organizations. A data breach incident
`
`can destroy the affected entity’s trade secrets, disrupt its internal business operations, and destroy
`
`relationships with affiliates and clients.
`
`9.
`
`The European Union’s General Data Protection Regulation (GDPR) symbolizes the
`
`criticality of data protection in modern times. “Your company’s sensitive data should be encrypted
`
`both in transit and at rest. Both Recital 83 and Article 32 of the GDPR explicitly mention
`
`‘encryption’ when discussing appropriate technical and organizational security measures.”2 To
`
`transact with trusted entities, or operate in European countries or with European citizens, one must
`
`comply with stringent data security requirements of GDPR and applicable other local regulations.
`
`
` PROTON TECHS. AG, DATA PROTECTION AND WORKING REMOTELY, GDPR.EU,
`2
`https://gdpr.eu/working-remotely-data-security/ (last visited Aug. 29, 2021).
`3
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`

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`10.
`
`End-to-end encryption (“E2EE”) technology is a technology that provides stronger privacy
`
`protection because it allows individual members of a dialogue to encrypt their message to others
`
`and decrypt a message to them without intervention of a system administrator. E2EE is an essential
`
`component in confidential online meetings.
`
`11.
`
`The superior data security, however, may require massive calculation and corresponding
`
`computer processing speed.
`
`12. While communication tools may run smoothly on computers with high performing CPUs,
`
`a platform is inclusive, and should be open to everyone. Encryption offerings by CYPH and Zoom
`
`are used in everyday environments, where such offerings may operate on a limited-capability
`
`computer.
`
`13.
`
`Prior to the disclosures of the Asserted Patents, multi-participant discussion did not exist
`
`in a practical manner when E2EE is required. This applies even more to today’s large-scale group
`
`communications because of the sheer speed and the amount of exchanged data among hundreds of
`
`participants.
`
`14.
`
`Companies like Zoom could not have provided E2EE technologies without practicing
`
`CYPH’s inventions as recited in the claims of the Asserted Patents.3
`
`15.
`
`CYPH was founded by Ryan Lester and Josh Boehm in 2014 as a provider of encrypted
`
`communications and media company.
`
`16.
`
`Using the knowledge and expertise that CYPH’s founders had obtained through their
`
`careers, CYPH invented the best solution to E2EE-enabled communication and media platform,
`
`
`3 Since at least 2016, Zoom misrepresented the security of Zoom Products as backed by “end-to-
`end, 256-bit encryption.” FTC Requires Zoom to Enhance its Security Practices as Part of
`Settlement, FTC (Nov. 9, 2020), https://www.ftc.gov/news-events/press-releases/2020/11/ftc-
`requires-zoom-enhance-its-security-practices-part-settlement.
`4
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`which allows uncensored communications and information exchanges. As described in the
`
`Asserted Patents, CYPH’s encrypted group communication is founded upon the unique and
`
`creative approach that had not been pursued by other entities.
`
`17.
`
`CYPH has launched its unprecedented E2EE communication platform by incorporating the
`
`patented E2EE technologies into its proprietary communication system. CYPH safely connects
`
`privacy conscious users and broadens user communications. CYPH truly secured space to connect,
`
`share, and communicate with others.
`
`ASSERTED PATENTS
`
`18.
`
`On April 17, 2018, the United States Patent and Trademark Office (“USPTO”) duly and
`
`legally issued the `625 Patent entitled “Encrypted Group Communication Method.”
`
`19.
`
`On June 30, 2020, the USPTO duly and legally issued the `047 Patent entitled “Encrypted
`
`Group Communication Method.” The `047 Patent was issued from a continuation application of
`
`the application (Serial No. 14/841,281) from which the `625 Patent was issued.
`
`20.
`
`On July 10, 2018, the USPTO duly and legally issued the `946 Patent entitled “Multi-key
`
`Encryption Method.”
`
`21.
`
`On October 17, 2017, the USPTO duly and legally issued the `070 Patent entitled “Method
`
`of Ephemeral Encrypted Communications.”
`
`22.
`
`On June 19, 2018, the USPTO duly and legally issued the `465 Patent entitled “A System
`
`and Method of Encrypting Authentication Information.”
`
`23.
`
`On February 27, 2018, the USPTO duly and legally issued the `369 Patent entitled “A
`
`System and Method of Cryptographically Signing Web Applications.”
`
`The Asserted Patents were issued after the USPTO completed a full and fair examination.
`
`The Asserted Patents are valid and enforceable.
`
`5
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`24.
`
`25.
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`26.
`
`27.
`
`CYPH is the current owner of the Asserted Patents.
`
`CYPH owns all rights and interests in the Asserted Patents, including the exclusive right
`
`to recover for past, present, and future infringement.
`
`28.
`
`CYPH has complied with all marking requirements under 35 U.S.C. § 287 with respect to
`
`the Asserted Patents (see www.cyph.com/patents).
`
`ZOOM’S PRODUCTS AND SERVICES
`
`29.
`
`Zoom offers for sale, sells, and solicits users to download, application software for Zoom’s
`
`communication services (“Zoom Apps”) for its Zoom Meetings, Zoom Marketplace, Zoom Video
`
`Webinars, Zoom Chat, Zoom Phone System, Zoom Events, Zoom Rooms and Workspaces, Zoom
`
`Developer Platform (“Zoom Products”). Zoom Apps are available for download at app stores and
`
`Zoom’s official website.
`
`30.
`
`Zoom offers and sells to individuals and businesses various hardware devices (“Zoom
`
`Devices”) configured to operate Zoom Products.
`
`31.
`
`Zoom users can participate in Zoom Products, using Zoom Apps, using Zoom Devices, or
`
`through a standard web browser.
`
`32.
`
`Zoom offers and sells to individuals and businesses various monthly subscription packages
`
`(“Zoom Plans”).
`
`33.
`
`Subscribers of Zoom Plans can initiate Zoom Products as a host and/or enjoy broader
`
`functions than non-subscriber users,4 including E2EE enabled communication, and gain higher
`
`control over the use of Zoom Products.
`
`
`4 For example, a host can invite more than 100 participants to join a meeting, can selectively invite
`participants via email, IM, or SMS, can create the meeting to only allow members from a certain
`domain email to join. https://zoom.us/docs/doc/Zoom-Security-White-Paper.pdf.
`6
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`34.
`
`On July 31, 2021, Zoom agreed to pay $85 million to settle a class action where Zoom
`
`misled its users about the encryption security, sharing data through third-party integrations without
`
`adequate notice or consent, and failure to protect private meetings from nefarious users of the
`
`Zoom platform (so-called “Zoom-bombers’).
`
`35.
`
`In spite of the claimed E2EE-supported products and services, Zoom failed to employ
`
`E2EE. Instead, Zoom mislead the public and permitted third-party software development kits to
`
`collect user data.
`
`36.
`
`The `625 Patent contains two claims including one independent claim (Claim 1) and one
`
`dependent claim.
`
`37.
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claims 1, 2 of the
`
``625 Patent is attached hereto as Exhibit G and is incorporated herein as if fully rewritten.
`
`38.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claim 1 of the `625 Patent.
`
`39.
`
`Zoom Products practices a method comprising: generating a shared symmetric key to begin
`
`a communication session among a group of users by a first user; distributing by the first user, the
`
`generated shared symmetric key to each user in the group of users; communicating within the
`
`communication session among a group of users, wherein each user encrypts a message to the group
`
`of users to be distributed through the communication session using the generated shared symmetric
`
`key, and each user decrypts a message received from the communication session using the
`
`generated shared symmetric key; wherein additional users are added to the existing communication
`
`session when the first user distributes to the additional users the generated shared symmetric key.
`
`40.
`
`As recited in a step of Claim 1 of the `625 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`
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`7
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`are responsible for generating a shared symmetric key to begin a communication session among a
`
`group of users by a first user. See Exhibit G.
`
`41.
`
`As recited in remaining steps of Claim 1 of the `625 Patent, Zoom Products, for example,
`
`Zoom’s web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar
`
`program, are responsible for distributing by the first user, the generated shared symmetric key to
`
`each user in the group of users; communicating within the communication session among a group
`
`of users. See Exhibit G.
`
`42.
`
`As recited in Claim 1 of the `625 Patent, in Zoom Products, each user encrypts a message
`
`to the group of users to be distributed through the communication session using the generated
`
`shared symmetric key, each user decrypts a message received from the communication session
`
`using the generated shared symmetric key.
`
`43.
`
`As recited in Claim 1 of the `625 Patent, in Zoom Products, additional users are added to
`
`the existing communication session, when the first user distributes to the additional users the
`
`generated shared symmetric key. See Exhibit G.
`
`44.
`
`As recited in one step of Claim 2 of the `625 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`are responsible for the further step of changing users within the group of users to reform the
`
`communication session among a new group of users, comprising: generating a new shared
`
`symmetric key by the first user; distributing, by the first user, the generated new shared symmetric
`
`key to each user in the new group of users; communicating to the communication session among
`
`a new group of users. See Exhibit G.
`
`45.
`
`As recited in Claim 2 of the `625 Patent, in Zoom Products, each user encrypts a message
`
`to the new group of users to be distributed through the communication session using the generated
`
`
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`new shared symmetric key, each user decrypts a message received from the communication
`
`session using the generated new shared symmetric key. See Exhibit G.
`
`46.
`
`The `047 Patent contains four claims including one independent claim (Claim 1) and three
`
`dependent claims.
`
`47.
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claims 1 through
`
`4 of the `047 Patent is attached hereto as Exhibit H and is incorporated herein as if fully rewritten.
`
`48.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claims 1, 2, 3, and 4 of the `047 Patent.
`
`49.
`
`Zoom Products practices a method comprising: generating a shared symmetric key to begin
`
`a communication session among a group of users by a first user wherein the first user is the user
`
`initiating the group communication session and wherein the communication session is a long-lived
`
`session; distributing by the first user, the generated shared symmetric key to each user in the group
`
`of users; communicating within the communication session among a group of users. See Exhibit
`
`H.
`
`50.
`
`As recited in Claim 1 of the `047 Patent, in Zoom Products, each user encrypts a message
`
`to the group of users to be distributed through the communication session using the generated
`
`shared symmetric key, and each user decrypts a message received from the communication session
`
`using the generated shared symmetric key. See Exhibit H.
`
`51.
`
`As recited in Claim 1 of the `047 Patent, in Zoom Products, each encrypted group
`
`communication comprises a short-lived secure communication session. See Exhibit H.
`
`52.
`
`As recited in steps of Claim 2 of the `047 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`are responsible for the further steps of changing users within the group of users to reform the
`
`
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`communication session among a new group of users, comprising: generating a new shared
`
`symmetric key by the first user; distributing, by the first user, the generated new shared symmetric
`
`key to each user in the new group of users. See Exhibit H.
`
`53.
`
`As recited in a step of Claim 3 of the `047 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`are responsible for the further step of communicating to the communication session among a new
`
`group of users. See Exhibit H.
`
`54.
`
`As recited in Claim 3 of the `047 Patent, in Zoom Products, each user encrypts a message
`
`to the new group of users to be distributed through the communication session using the generated
`
`new shared symmetric key, and each user decrypts a message received from the communication
`
`session using the generated new shared symmetric key. See Exhibit H.
`
`55.
`
`As recited in Claim 4 of the `047 Patent, in Zoom Products, additional users are added to
`
`the communication session by distributing the generated shared symmetric key to the additional
`
`users. See Exhibit H.
`
`56.
`
`57.
`
`The `946 Patent contains one independent claim (Claim 1).
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claim 1 of the
`
``946 Patent is attached hereto as Exhibit I and is incorporated herein as if fully rewritten.
`
`58.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claim 1 of the `946 Patent.
`
`59.
`
`Zoom Products practices a method comprising: downloading, by a client computing device,
`
`an encrypted data block from a server, wherein the encrypted data block includes a server-stored
`
`symmetric key; and decrypting, by the client computing device, the encrypted data block with a
`
`previously stored symmetric key that is stored locally to retrieve the server-stored symmetric key
`
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`from the encrypted data block, generating a new shared-symmetric key; creating a new encrypted
`
`data block comprising the new shared-symmetric key and transmitting the new encrypted data
`
`block to the server.
`
`60.
`
`As recited in Claim 1 of the `946 Patent, in Zoom Products, the server storing the sever-
`
`stored symmetric key: encrypts a message before transmitting a message to it's intended recipient,
`
`and decrypts a received message, wherein the server decrypts the new encrypted data block and
`
`overwrites the server-stored symmetric key with the new shared-symmetric key. See Exhibit I.
`
`61.
`
`62.
`
`The `070 Patent contains one independent claim (Claim 1) and one dependent claim.
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claims 1, 2 of the
`
``070 Patent is attached hereto as Exhibit J and is incorporated herein as if fully rewritten.
`
`63.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claim 1 of the `070 Patent.
`
`64.
`
`Zoom Products practices a method comprising: sending a request, by a first user on a first
`
`device, to a server, the request comprising requesting the server open an ephemeral communication
`
`session with a second user on a second device; allocating resources, by the server, to begin the
`
`ephemeral communication session between the first user and the second user; generating a unique
`
`ephemeral communication session identifier by the server for each ephemeral communication
`
`session and transmitting the unique ephemeral communication session identifier to the first user;
`
`transmitting, by the first user, the unique ephemeral communication session identifier to the second
`
`user using a second communication channel; connecting, by the second user, to the first user
`
`through the ephemeral communication session using the unique ephemeral communication session
`
`identifier; and connecting, by the first user, to the second user through the ephemeral
`
`
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`communication session using the unique ephemeral communication session identifier. See Exhibit
`
`J.
`
`65.
`
`As recited in steps of Claim 2 of the `070 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`are responsible for the further steps of connecting, by the second user, to the first user through the
`
`ephemeral communication session includes connecting to the server; and connecting, by the first
`
`user, to the second user through the ephemeral communication session includes connecting to the
`
`server. See Exhibit J.
`
`66.
`
`The `465 Patent contains three independent claims (Claims 1, 8, 15) and fifteen dependent
`
`claims.
`
`67.
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claims 1, 6, and
`
`17 of the `465 Patent is attached hereto as Exhibit K and is incorporated herein as if fully rewritten.
`
`68.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claim 1 of the `465 Patent.
`
`69.
`
`Zoom Products practices a method comprising: generating a shared symmetric key, using
`
`an integrated circuit chip, to exchange authentication information among a communications group;
`
`distributing the generated shared symmetric key to each communicating party in the
`
`communications group; exchanging authentication information among members of the
`
`communications group. See Exhibit K.
`
`70.
`
`As recited in Claim 1 of the `465 Patent, in Zoom Products, each communicating party:
`
`encrypts the authentication information using the generated shared symmetric key and sends the
`
`encrypted authentication information to other members of the communications group and receives
`
`the encrypted authentication
`
`information from another communicating party
`
`in
`
`the
`
`
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`communications groups and decrypts the received encrypted authentication information using the
`
`generated shared symmetric key. See Exhibit K.
`
`71.
`
`As recited in Claim 1 of the `465 Patent, in Zoom Products, additional users are added to
`
`a communication session when a first user distributes to the additional users the generated shared
`
`symmetric key.
`
`72.
`
`As recited in Claim 1 of the `465 Patent, in Zoom Products, generating a shared symmetric
`
`key to exchange authentication information among a communications group is generated using
`
`out-of-band communications received through a communication interface. See Exhibit K.
`
`73.
`
`As recited in a step of Claim 6 of the `465 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system, Zoom online meeting via Zoom Apps, Zoom chats, and webinar program,
`
`are responsible for the further step of initiating the communications session within the
`
`communications group using the exchanged authentication information. See Exhibit K.
`
`74.
`
`As recited by Claim 17 of the `465 Patent, Zoom Products operate on a system to exchange
`
`authentication information, comprising a processor and a memory operatively coupled to the
`
`processor. See Exhibit K.
`
`75.
`
`As recited by Claim 17 of the `465 Patent, in Zoom Products, the processor is configured
`
`to generate a shared symmetric key, using an integrated circuit chip, to exchange authentication
`
`information among a communications group; transmit the generated shared symmetric key to each
`
`communicating party in the communications group; exchange authentication information among
`
`members of the communications group. See Exhibit K.
`
`76.
`
`As recited by Claim 17 of the `465 Patent, in Zoom Products, each communicating party:
`
`encrypts the authentication information using the generated shared symmetric key and sends the
`
`encrypted authentication information to other members of the communications group and receives
`
`
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`the encrypted authentication
`
`information from another communicating party
`
`in
`
`the
`
`communications groups and decrypts the received encrypted authentication information using the
`
`generated shared symmetric key. See Exhibit K.
`
`77.
`
`As recited by Claim 17 of the `465 Patent, in Zoom Products, additional users are added to
`
`the communication session when a first user distributes to the additional users the generated shared
`
`symmetric key. See Exhibit K.
`
`78.
`
`As cited by Claim 17 of the `465 Patent, in Zoom Products, generating a shared symmetric
`
`key to exchange authentication information among a communications group is generated using
`
`out-of-band communications received through a communication interface. See Exhibit K.
`
`79.
`
`As cited by Claim 17 of the `465 Patent, in Zoom Products, initiating the communications
`
`session within the communications group using the exchanged authentication information fails
`
`unless each communicating party in the communications group successfully decrypts the received
`
`encrypted authentication information. See Exhibit K.
`
`80.
`
`81.
`
`The `369 Patent contains two independent claims (Claims 1, 7) and ten dependent claims.
`
`A non-limiting and exemplary claim chart comparing Zoom Products to Claims 1, 5 of the
`
``369 Patent is attached hereto as Exhibit L and is incorporated herein as if fully rewritten.
`
`82.
`
`Upon information and belief, Zoom makes, sells, offers to sell, uses, and import Zoom
`
`Products, which infringe at least Claim 1 of the `369 Patent.
`
`83.
`
`Zoom Products, accessed through a website, practices a method comprising: receiving, at
`
`a client-side web browser, a minimal bootstrap payload from an application server; storing, by the
`
`client-side processor, the minimal bootstrap payload in the client-side local cache. See Exhibit L.
`
`
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`Case 1:21-cv-03027-RM-MEH Document 1 Filed 11/09/21 USDC Colorado Page 15 of 21
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`84.
`
`As cited by Claim 17 of the `369 Patent, in Zoom Products, accessed through a website,
`
`the locally cached minimal bootstrap payload is executed by the client-side processor before
`
`executing an application from the application server. See Exhibit L.
`
`85.
`
`As cited by Claim 17 of the `369 Patent, in Zoom Products, accessed through a website,
`
`the minimal bootstrap payload includes at least one public key, at least one Uniform Resource
`
`Location (URL) address of an application code payload, a second URL and a backup URL. See
`
`Exhibit L.
`
`86.
`
`As cited by Claim 17 of the `369 Patent, in Zoom Products, accessed through a website,
`
`the client-side processor executes the minimal bootstrap payload, which comprises: receiving, at
`
`the client-side web browser, the application code payload from the URL specified by the minimal
`
`bootstrap payload, wherein the received application code payload includes a cryptographic
`
`signature that was generated using a private key associated with a public key specified by the
`
`minimal bootstrap payload; verifying, by the client-side processor, the received application code
`
`payload cryptographic signature using a locally stored public key; executing, by the client-side
`
`processor, the received application code payload after the received application payload has been
`
`successfully verified; receiving a cryptographically signed pre-computed hash from the second
`
`URL, verifying, by the client-side processor, the received pre-computed hash using a locally stored
`
`public key; storing, by the client-side processor, in the client-side local cache a copy of the verified
`
`pre-computed hash with or without its associated signature; and receiving a backup application
`
`code payload from a backup URL when the minimal bootstrap payload fails to verify the received
`
`application code payload cryptographic signature using a locally stored public key. See Exhibit L.
`
`87.
`
`As recited in a step of Claim 5 of the `369 Patent, Zoom Products, for example, Zoom’s
`
`web meeting system through a website, Zoom chats and webinar program through a website, are
`
`
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`Case 1:21-cv-03027-RM-MEH Document 1 Filed 11/09/21 USDC Colorado Page 16 of 21
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`responsible for the further step of the minimal bootstrap payload, computing, by the client-side
`
`processor, a hash of the received application code payload. See Exhibit L.
`
`CLAIM FOR RELIEF
`
`88.
`
`The causes of action arise under the patent laws of the United States and, in particular
`
`under 35 U.S.C. §§ 271, et seq.
`
`COUNT 1: Direct Infringement of the Asserted Patents
`
`89.
`
`CYPH realleges and incorporates by reference all of the allegations set forth in the preceding
`
`paragraphs.
`
`90.
`
`Zoom has knowledge of its infringement of the Asserted Patents at least upon the receipt
`
`of CYPH’s October 28, 202 letter “Re.: U.S. Patents Owned by Cyph, Inc.” and the service of this
`
`Complaint at the latest. See Exhibit M.
`
`91.
`
`By engaging in the conduct described herein, Zoom is infringing and has directly infringed
`
`at least Claims 1, 2 of the `625 Patent, Claims 1, 2, 3, and 4 of the `047 Patent, Claim 1 of the `946
`
`Patent, Claims 1, 2 of the `070 Patent, Claims 1, 6, and 17 of the `465 Patent, Claims 1, 5 of the
`
``369 Patent (collectively, “Asserted Claims”), literally or under the doctrine of equivalents, in
`
`violation of 35 U.S.C. § 271(a).
`
`92.
`
`Zoom generates profits by designing, making, selling, offering to sell, using, or importing
`
`Zoom Products, Zoom Apps, and Zoom Devices that literally infringe the Asserted Claims or
`
`infringe the Asserted Claims under the doctrine of equivalents.
`
`93.
`
`94.
`
`Zoom has committed these acts of infringement without license or authorization.
`
`As a result of Zoom’s infringement of the Asserted Claims, CYPH has suffered monetary
`
`damages and is entitled to a monetary judgment in an amount adequate to compensate for Zoom’s
`
`past infringement, together with interests and costs, pursuant to 35 U.S.C. § 284.
`
`
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`Case 1:21-cv-03027-RM-MEH Document 1 Filed 11/09/21 USDC Colorado Page 17 of 21
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`95.
`
`CYPH will continue to suffer damages unless Zoom’s infringing activities are enjoined by
`
`this Court. Thus, CYPH is entitled to compensation for any continuing infringement until Zoom
`
`permanently ceases further infringement.
`
`96.
`
`CYPH will be materially and irreparably harmed if Zoom is not enjoined from infringing
`
`the Asserted Patents.
`
`97.
`
`Zoom’s continuing acts of infringement are willful, entitling CYPH to increased damages
`
`under 35 U.S.C. § 284 and to attorneys’ fees and costs incurred in prosecuting this action under
`
`35 U.S.C. § 285.
`
`COUNT 2: Induced Infringement of the Asserted Patents
`
`98.
`
`CYPH realleges and incorporates by reference all of the allegations set forth in the
`
`preceding paragraphs.
`
`99.
`
`By engaging in the conduct described herein and encouraging infringement, Zoom is
`
`inducing and has induced others, including its customers, to infringe each of the Asserted Claims
`
`of the Asserted Patents, literally or under the doctrine of equivalents, knowing that the acts that
`
`Zoom induced constituted patent infringement, and its encouraging acts actually resulted in direct
`
`infringement of the Asserted Patents, in violation of 35 U.S.C. § 271(b).
`
`100. Zoom generates profits by inducing the direct infringemen