UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CA, INC. and AVAGO TECHNOLOGIES
`INTERNATIONAL SALES PTE. LIMITED,
`
`v.
`
`NETFLIX, INC.,
`
`Plaintiffs,
`
`Defendant.
`
`NO. 2:21–CV–80–JRG–RSP
`
`PATENT CASE
`
`JURY TRIAL DEMANDED
`
`PLAINTIFFS’ PATENT RULE 3–1 AND 3–2 DISCLOSURES TO NETFLIX
`
`In accordance with P.R. 3–1 and 3–2, Plaintiffs CA, Inc. and Avago Technologies
`
`International Sales Pte. Limited make the following disclosures to Defendant Netflix, Inc. These
`
`disclosures are based on information currently available to Plaintiffs.
`
`I.
`
`P.R. 3–1 DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT CONTENTIONS
`
`A.
`
`Each claim of each patent-in-suit that is allegedly infringed by each opposing
`party.
`
`Netflix infringes at least the following claims under 35 U.S.C. § 271:
`
`Patent
`U.S. Patent No. 7,103,794 (“the ’794 Patent”)
`U.S. Patent No. 8,656,419 (“the ’419 Patent”)
`U.S. Patent No. 8,646,014 (“the ’014 Patent”)
`U.S. Patent No. 9,402,098 (“the ’098 Patent”)
`U.S. Patent No. 10,911,938 (“the ’938 Patent”)
`
`Asserted Claims
`1, 3–9, 11–17
`1, 3–20
`1, 3–6, 10, 11
`1, 2, 7
`1–30
`
`B.
`
`Separately for each asserted claim, each accused apparatus, product, device,
`process, method, act, or other instrumentality (“Accused Instrumentality”)
`of each opposing party of which the party is aware.
`
`The table below identifies the Accused Instrumentalities of which Plaintiffs are currently
`
`aware, that infringe one or more of the Asserted Claims.
`
`– 1 –
`
`Netflix, Inc. - Ex. 1020, Page 000001
`IPR2022-00322 (Netflix, Inc. v. CA, Inc.)
`
`

`

`Accused Instrumentalities
`Claims
`All asserted claims As described in more detail in Exhibit A, Netflix’s
`Content Delivery Network (“CDN”), also known as
`“Open Connect,” infringes the ’794 Patent through its
`implementation of the caching techniques described and
`claimed in the ’794 Patent.
`
`All asserted claims As described in more detail in Exhibit B, Netflix’s
`distributed computing and microservices platforms,
`including those implemented using Netflix’s Titus
`container-management platform, infringe the ’419 Patent
`through their use of multiple nodes according to the
`systems and methods described and claimed in the ’419
`Patent.
`
`All asserted claims As described in more detail in Exhibit C, Netflix’s CDN,
`also known as “Open Connect,” infringes the ’014 Patent
`through its implementation of the video-information
`transmission and processing techniques described and
`claimed in the ’014 Patent.
`
`All asserted claims As described in more detail in Exhibit D, Netflix’s CDN,
`also known as “Open Connect,” infringes the ’098 Patent
`through its implementation of the video-information
`transmission and processing techniques described and
`claimed in the ’098 Patent.
`
`All asserted claims As described in more detail in Exhibit E, Netflix’s video-
`streaming system and services, including the CDN and
`Netflix’s back-end processing functionality that supports
`the video-streaming system, infringe the ’938 Patent
`through their implementation of various aspects of
`content Netflix provides to its subscribers via the Netflix
`user interface on the subscribers’ equipment.
`
`
`Patent
`’794
`
`’419
`
`’014
`
`’098
`
`’938
`
`
`
`
`
`C.
`
`A chart identifying specifically where each element of each asserted claim is
`found within each Accused Instrumentality, including for each element that
`such party contends is governed by 35 U.S.C. § 112(6), the identity of the
`structure(s), act(s), or material(s) in the Accused Instrumentality that
`performs the claimed function.
`
`The exhibits referenced in the table below provide charts that identify specifically where
`
`each element of each asserted claim is found within the Accused Instrumentalities.
`
`– 2 –
`
`Netflix, Inc. - Ex. 1020, Page 000002
`
`

`

`Patent
`
`Exhibit A
`Exhibit B
`Exhibit C
`Exhibit D
`Exhibit E
`
`Exhibits
`
`D. Whether each element of each asserted claim is claimed to be literally present
`or present under the doctrine of equivalents in the Accused Instrumentality.
`
`At this time, Plaintiffs contend that each element of each asserted claim is literally present
`
`’794
`’419
`’014
`’098
`’938
`
`
`
`
`
`in the Accused Instrumentalities as set forth in Exhibits A–E. To the extent any element of an
`
`Asserted Claim is not found to be literally present as discovery proceeds, Plaintiffs reserve the
`
`right to seek leave to amend these infringement contentions in accordance with the Court’s rules
`
`and procedures.
`
`E.
`
`For any patent that claims priority to an earlier application, the priority date
`to which each asserted claim allegedly is entitled.
`
`
`
`The following patents claim priority to earlier applications and are entitled to a priority
`
`date as set forth below.
`
`’014
`’098
`’938
`
`F.
`
`Patent
`
`Priority
`March 26, 2004 (all asserted claims)
`March 26, 2004 (all asserted claims)
`June 12, 2007 (all asserted claims)
`
`If a party claiming patent infringement wishes to preserve the right to rely,
`for any purpose, on the assertion that its own apparatus, product, device,
`process, method, act, or other instrumentality practices the claimed
`invention, the party must identify, separately for each asserted claim, each
`such apparatus, product, device, process, method, act, or other
`instrumentality that incorporates or reflects that particular claim.
`
`At the current time, Plaintiffs are not asserting that any of their own apparatuses, products,
`
`
`
`
`
`devices, processes, methods, or other instrumentalities practices any of the claimed inventions.
`
`– 3 –
`
`Netflix, Inc. - Ex. 1020, Page 000003
`
`

`

`II.
`
`P.R. 3–2 DOCUMENT PRODUCTION ACCOMPANYING DISCLOSURE
`
`A.
`
`Documents (e.g., contracts, purchase orders, invoices, advertisements,
`marketing materials, offer letters, beta site testing agreements, and third
`party or joint development agreements) sufficient to evidence each discussion
`with, disclosure to, or other manner of providing to a third party, or sale of
`or offer to sell, the claimed invention prior to the date of application for the
`patent in suit. A party’s production of a document as required herein shall
`not constitute an admission that such document evidences or is prior art
`under 35 U.S.C. § 102.
`
`After a reasonable investigation, Plaintiffs are unaware of any such documents.
`
`B.
`
`All documents evidencing the conception, reduction to practice, design, and
`development of each claimed invention, which were created on or before the
`date of application for the patent in suit or the priority date identified
`pursuant to P. R. 3-1(e), whichever is earlier.
`
`After a reasonable search, Plaintiffs were unable to locate any such documents.
`
`C.
`
`A copy of the file history for each patent-in-suit.
`
`Copies of
`
`the file histories for each of
`
`the patents-in-suit are provided at
`
`
`
`
`
`
`
`CA_AVA0000000100000001 through CA_AVA0000000100003569.
`
`
`
`– 4 –
`
`Netflix, Inc. - Ex. 1020, Page 000004
`
`

`

`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`/s/ Richard L. Wynne, Jr.
`Bruce S. Sostek, Attorney-in-Charge
` State Bar No. 18855700
` bruce.sostek@tklaw.com
`Richard L. Wynne, Jr.
` State Bar No. 24003214
` richard.wynne@tklaw.com
`Adrienne E. Dominguez
` State Bar No. 00793630
` adrienne.dominguez@tklaw.com
`Austin Teng
` State Bar No. 24093247
` austin.teng@tklaw.com
`
`THOMPSON & KNIGHT LLP
`One Arts Plaza
`1722 Routh Street, Suite 1500
`Dallas, Texas 75201
`214.969.1700
`214.969.1751 (fax)
`
`
`Samuel F. Baxter
` State Bar No. 01938000
` sbaxter@mckoolsmith.com
`Jennifer L. Truelove
` State Bar No. 24012906
` jtruelove@mckoolsmith.com
`
`MCKOOL SMITH, P.C.
`104 East Houston Street, Suite 300
`Marshall, Texas 75670
`903.923.9000
`903.923.9099 (fax)
`
`ATTORNEYS FOR PLAINTIFFS CA, INC. and
`AVAGO TECHNOLOGIES INTERNATIONAL SALES
`PTE. LIMITED
`
`– 5 –
`
`Netflix, Inc. - Ex. 1020, Page 000005
`
`

`

`CERTIFICATE OF SERVICE
`
`I hereby certify that the foregoing was served via electronic mail on July 1, 2021, on all
`
`counsel of record.
`
`
`
`
`
`/s/ Richard L. Wynne, Jr.
`Richard L. Wynne, Jr.
`
`
`
`– 6 –
`
`Netflix, Inc. - Ex. 1020, Page 000006
`
`