Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 1 of 107
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`
`BYTEWEAVR, LLC,
`
`
`Plaintiff,
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`CIVIL ACTION NO. 1:24-cv-00261-RP
`
`
`v.
`
`CLOUDERA, INC.,
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff BYTEWEAVR, LLC files this First Amended Complaint in the Western District
`
`of Texas (the “District”) against Defendant Cloudera, Inc. for infringement of U.S. Patent No.
`
`6,839,733 (the “’733 patent”), U.S. Patent No. 7,949,752 (the “’752 patent”), U.S. Patent No.
`
`6,862,488 (the “’488 patent”), U.S. Patent No. 6,965,897 (the “’897 patent”), U.S. Patent No.
`
`6,999,961 (“’961 patent”), U.S. Patent No. 7,082,474, (“’474 patent”), U.S. Patent No. 8,275,827
`
`(the “’827 patent”), and U.S. Reissued Patent No. RE42153 (the “’153 patent”) (collectively
`
`referred to as the “Asserted Patents”).
`
`THE PARTIES
`
`1.
`
`BYTEWEAVR, LLC (“BYTEWEAVR” or “Plaintiff”) is a Texas limited liability
`
`company, with registered address at 17350 State Hwy 249, Suite 220, Houston, Texas 77064.
`
`2.
`
`On information and belief, Defendant Cloudera, Inc. (“Cloudera” or “Defendant”)
`
`is a corporation formed and organized under the laws of Delaware with its principal executive
`
`offices and corporate headquarters located at 5470 Great America Parkway, Santa Clara, CA
`
`955054. Cloudera is registered to do business in Texas. See TEXAS SECRETARY OF STATE,
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`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`1
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`Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 2 of 107
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`https://direct.sos.state.tx.us/ at Filing No. 802113671 (showing that Cloudera has been registered
`
`since 2014 as a foreign corporation in Texas) (last visited Oct. 9, 2023). Cloudera’s registered agent
`
`in Texas is Corporation Service Company located at 211 E. 7th Street, Suite 620, Austin, TX 78701-
`
`3128.
`
`3.
`
`Cloudera was founded in 2008 and was publicly traded in the New York Stock
`
`Exchange under the symbol “CLDR.” In October of 2021, Cloudera was acquired by investment
`
`firms Clayton, Dubilier & Rice (“CD&R”) and KKR “in an all cash transaction valued at
`
`approximately $5.3 billion.” See Cloudera Completes Agreement To Become a Private Company,
`
`CLOUDERA, https://investors.cloudera.com/home/default.aspx. As a result, Cloudera ceased trading
`
`its common stock and is no longer listed on the NYSE.
`
`4.
`
`On information and belief, Cloudera provides data management and analytics by
`
`providing “data warehouse, data science, data engineering, and operational database workloads
`
`together on a single integrated platform,” referred to at least as the “Cloudera Enterprise.” See
`
`Overview
`
`of Cloudera
`
`and
`
`the Cloudera Documentation
`
`Set, CLOUDERA,
`
`https://docs.cloudera.com/documentation/enterprise/6/6.3/topics/introduction.html
`
`(last visited
`
`Oct. 9, 2023). Since at least 2014, Cloudera offered to its customers products and services including
`
`the Cloudera Distributed Hadoop (or “CDH”), as a component of at least the Cloudera Enterprise
`
`platform, to “meet [the] enterprise demands” of its customers. See CDH Components, CLOUDERA,
`
`https://www.cloudera.com/products/open-source/apache-hadoop/key-cdh-components.html
`
`(last
`
`visited Oct. 9, 2023); see also CDH Version and Packaging Information, CLOUDERA,
`
`https://docs.cloudera.com/documentation/enterprise/release-notes/topics/rg_cdh_vd.html
`
`(last
`
`visited Oct. 10, 2023).
`
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`5.
`
`In 2019, Cloudera “introduced Cloudera Data Platform (CDP), [its] cloud-native
`
`data platform for the enterprise data cloud built on open source software,” which incorporated
`
`functionality and capabilities of the Cloudera Enterprise and CDH products and services. See 2021
`
`Form 10-K Annual Report, CLOUDERA, INC., available at https://investors.cloudera.com/financials-
`
`and-filings/sec-filings/, at page 5 (cited as “2021 Cloudera Annual Report”). CDP is “offered as
`
`Public Cloud services and Private Cloud software subscriptions.” Id. Cloudera “license[s its]
`
`products under a primarily open source licensing model based on the Apache Software License
`
`(ASL) and the Affero General Public License (AGPL).” Id. Cloudera also offers other “traditional
`
`on-premises data management and analytics offerings” that include Cloudera DataFlow (CDF),
`
`Cloudera Enterprise Data Hub (EDH), Cloudera Data Science and Engineering, and Cloudera SDX.
`
`Id.
`
`6.
`
`On information and belief, CDH “delivers the core elements of Hadoop – scalable
`
`storage and distributed computing – along with a Web-based user interface and vital enterprise
`
`capabilities.”
`
`See
`
`CDH
`
`Overview,
`
`CLOUDERA,
`
`https://docs.cloudera.com/documentation/enterprise/6/6.3/topics/cdh_intro.html (last visited Oct.
`
`9, 2023). CDH “is Apache-licensed open source and is the only Hadoop solution to offer unified
`
`batch processing, interactive SQL and interactive search, and role-based access controls.” Id. CDH
`
`allows users to “[s]tore any type of data and manipulate it with a variety of different computation
`
`frameworks including batch processing, interactive SQL, free text search, machine learning and
`
`statistical computation.” Id. The components included with CDH provide to the Cloudera Enterprise
`
`various features and functionalities, including, a “[w]orkflow scheduler to mange Hadoop jobs” via
`
`the Apache Oozie component, “[j]ob scheduling and cluster resource management” via the YARN
`
`component, and an “SQL workbench for data warehouses” via the Hue component. See Platform
`
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`PLAINTIFF’S FIRST AMENDED COMPLAINT
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`Features, CLOUDERA, https://www.cloudera.com/products/pricing/product-features.html
`
`(last
`
`visited Oct. 9, 2023). Also, Hadoop supports data compression and compression formats, including
`
`using and compression of Apache Avro Data files with CDH. See Data Compression, CLOUDERA,
`
`https://docs.cloudera.com/documentation/enterprise/6/6.3/topics/introduction_compression.html#
`
`concept_wlk_hgy_pv (last visited Oct. 30, 2023).
`
`7.
`
`On information and belief, “Cloudera Manager provides unified and centralized
`
`management and monitoring for Cloudera Runtime and Cloudera Search.” See What is Cloudera
`
`Search,
`
`CLOUDERA,
`
`https://docs.cloudera.com/cdp-private-cloud-base/7.1.8/search-
`
`overview/topics/search-introducing.html (last visited Dec. 14, 2023). Cloudera Runtime provides,
`
`as a component, the Cloudera Search service as an “integrated part of CDH and supported with
`
`Cloudera Enterprise.” See Cloudera Search, CLOUDERA, https://www.cloudera.com/products/open-
`
`source/apache-hadoop/apache-solr.html (last visited Dec. 14, 2023). Cloudera Search is powered
`
`by Apache Solr which “makes Apache Hadoop accessible to everyone via integrated full-text
`
`search.” Id.
`
`8.
`
`On information and belief, the Cloudera Platforms provide “customers a very secure,
`
`efficient, and easy way to traverse data back and forth between the different environments they have
`
`in many other locations.” See Apache NiFi – the data movement enabler in a hybrid cloud
`
`environment, CLOUDERA BLOG,
`
`https://blog.cloudera.com/apache-nifi-the-data-movement-
`
`enabler-in-a-hybrid-cloud-environment/ (last visited Oct. 12, 2023). The Cloudera Platforms
`
`include, within the Cloudera Shared Data Experience (SDX), “Cloudera Flow Management
`
`powered by Apache NiFi…[to] move data back and forth between your environments, while
`
`ensuring the proper level of security, resilience, auditability, and governance.” Id. Apache NiFi
`
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`“provides a wide range of processors to interact with the native managed services of the cloud
`
`providers.” Id.
`
`9.
`
` The Cloudera Enterprise and/or CDP (collectively the “Cloudera Platforms”) and
`
`their components are utilized by customers of Cloudera across industries, including Technology,
`
`Financial Services, Telecommunications, Business Services, and Healthcare and Life Sciences,
`
`among many others. See Customers: Unleashing Hidden Data Treasures for Customers, Cloudera,
`
`https://www.cloudera.com/about/customers.html?industry=Financial%20Services
`
`(providing a
`
`drop-down to access customer stories in various industries). The Cloudera Platforms are offered for
`
`“public cloud consumption and on-premises private cloud software subscription.” See Cloudera
`
`Pricing, CLOUDERA, https://www.cloudera.com/products/pricing.html (last visited Oct. 9, 2023).
`
`On information and belief, Cloudera collects revenues and profits from the installation, licensing,
`
`and use of the Cloudera Platforms. See id. Cloudera, for example, charges public cloud platform
`
`customers “per Cloudera Compute Unit (CCU) which is a combination of Core and Memory” usage
`
`and charges private cloud platform customers via an annual subscription model with CCU, node
`
`cap, and storage limits. See id.
`
`10.
`
`On information and belief, Defendant Cloudera on its own and/or via subsidiaries,
`
`distributors, and affiliates maintains a corporate and commercial presence in the United States,
`
`including in Texas and this District. Defendant maintains its business presence in the U.S. and Texas
`
`via at least the following activities: 1) distributing and providing its Cloudera Platforms, among
`
`other products and services of Cloudera, to customers; 2) maintaining an online presence
`
`(https://www.cloudera.com) that solicits sales and sales inquiries and provides customer support for
`
`Cloudera products and services; 3) registering to do business in Texas; 4) employing persons across
`
`the world who support the development of products and services and provide customer support to
`
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`U.S. residents and companies, and 5) employing persons in the United States, including residents
`
`of Texas and this District. For example, Defendant employs Texas residents in at least one location
`
`in the Austin, Texas area at 515 Congress, Suite 1300, Austin, TX 78701. See, e.g., North America,
`
`CLOUDERA, https://www.cloudera.com/about/locations.html (showing Cloudera locations in the
`
`U.S. and Texas). Thus, Defendant Cloudera does business in the United States, the state of Texas,
`
`and in the Western District of Texas.
`
`JURISDICTION AND VENUE
`
`11.
`
`This action arises under the patent laws of the United States, namely 35 U.S.C. §§
`
`271, 281, and 284-285, among others.
`
`12.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and
`
`1338(a).
`
`13.
`
`On information and belief, Defendant Cloudera is subject to this Court’s specific
`
`and general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due
`
`at least to its substantial business in this State and this District, including: (A) at least part of its
`
`infringing activities alleged herein, including its registration to do business in Texas, which
`
`purposefully avail the Defendant of the privilege of conducting those activities in this state and this
`
`District and, thus, submits itself to the jurisdiction of this Court; and (B) regularly doing or soliciting
`
`business, engaging in other persistent conduct targeting residents of Texas and this District, and/or
`
`deriving substantial revenue from infringing goods offered for sale, sold, and imported and services
`
`provided to and targeting Texas residents and residents of this District.
`
`14.
`
`For example, Cloudera has corporate offices in the United States, including in Texas.
`
`Cloudera owns or leases a corporate office in this District at 515 Congress Ave., Austin, Texas. See
`
`Property
`
`Search,
`
`TRAVIS
`
`COUNTY
`
`CENTRAL
`
`APPRAISAL
`
`DISTRICT,
`
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`https://stage.travis.prodigycad.com/property-search (Search results for “Cloudera” as owner) (last
`
`visited Oct. 9, 2023). Importantly, Cloudera maintains its own employees or agents at this office to
`
`conduct its business of at least distribution of Cloudera products and services. See, e.g., Cloudera
`
`Careers,
`
`CLOUDERA,
`
`https://cloudera.wd5.myworkdayjobs.com/en-
`
`US/External_Career/job/Cloud-Solution-Specialist_230270-
`
`1?locations=099bd8052f77105bfed69a9cf552387f (showing a “Cloud Solution Specialist”
`
`position open in Texas) (last visited Oct. 9, 2023).
`
`15.
`
`Such a corporate and commercial presence by Defendant Cloudera furthers the
`
`development, design, manufacture, importation, distribution, sale, offering for sale, and use of
`
`Defendant’s infringing data management and analytics products and services in Texas, including in
`
`this District. Through utilization of its business segments and partners, Cloudera has committed
`
`acts of direct and/or indirect patent infringement within Texas, this District, and elsewhere in the
`
`United States, giving rise to this action and/or has established minimum contacts with Texas such
`
`that personal jurisdiction over Cloudera would not offend traditional notions of fair play and
`
`substantial justice.
`
`16.
`
`On information and belief, Cloudera has placed and continues to place infringing
`
`data management and analytics products and services, including the Cloudera Platforms and their
`
`components into the U.S. stream of commerce. Cloudera has placed such products and services into
`
`the stream of commerce with the knowledge and understanding that such products and services are,
`
`will be, and continue to be sold, offered for sale, used, and/or imported into the State of Texas and
`
`this District. See Litecubes, LLC v. Northern Light Products, Inc., 523 F.3d 1353, 1369-70 (Fed.
`
`Cir. 2008) (“[T]he sale [for purposes of § 271] occurred at the location of the buyer.”); see also
`
`Semcon IP Inc. v. Kyocera Corporation, No. 2:18-cv-00197-JRG, 2019 WL 1979930, at *3 (E.D.
`
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`Tex. May 3, 2019) (denying accused infringer’s motion to dismiss because plaintiff sufficiently
`
`plead that purchases of infringing products outside of the United States for importation into and
`
`sales to end users in the U.S. may constitute an offer to sell under § 271(a)).
`
`17.
`
`On information and belief, Defendant Cloudera also purposefully places infringing
`
`data management and analytics products and services in established distribution channels in the
`
`stream of commerce by contracting with “partners” who distribute Cloudera’s products in the U.S.
`
`via license, to users affiliated with those partners, including in Texas and this District. See Become
`
`a Cloudera Partner, CLOUDERA, https://www.cloudera.com/partners/cloudera-partner-network-
`
`program.html (stating “[p]artner with Cloudera, and your customers will never think about data the
`
`same way again”) (last visited Oct. 9, 2023). Cloudera contracts with these partner companies with
`
`the knowledge and expectation that Cloudera’s data management and analytics products and
`
`services will be imported, distributed, advertised, offered for sale, sold, and used in the U.S. market,
`
`including to users affiliated with such partners. Such partner types include “Cloudera Resellers,”
`
`“Distributors,” “Hardware Vendor,” “Software Vendor,” “System Integrator,” and “Training
`
`Reseller,”
`
`among
`
`others.
`
`See
`
`Find
`
`a
`
`partner,
`
`CLOUDERA,
`
`https://www.cloudera.com/partners/partners-listing.html (last visited Oct. 9, 2023). Moreover,
`
`“Cloudera partners with federal, state and local, and higher education institutions to support data
`
`security and governance mandates, modernize data architectures across any platform, and meet the
`
`zero-trust mandate related to data flow.” See Government Solutions: We Move Your Data,
`
`Cloudera, https://wwws.cloudera.com/solutions/public-sector.html (last visited Oct. 11, 2023).
`
`Each of these partners (among many more), on information and belief, have a significant business
`
`presence in the U.S. and Texas and serve as a distribution channel for Cloudera’s products of
`
`services into this District.
`
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`18.
`
`Based on Defendant Cloudera’s physical and virtual presence and connections and
`
`relationships with its distributors, resellers, vendors, contractors, dealers, installers, trainers,
`
`customers, and other partners, Cloudera knows that Texas is a termination point of the established
`
`distribution channel for the sale and use of Cloudera data management and analytics products and
`
`services, including the Cloudera Enterprise platform(s) to customers and other users in Texas.
`
`Cloudera, therefore, has purposefully directed its activities at Texas, and should reasonably
`
`anticipate being brought in this Court, at least on this basis. See Icon Health & Fitness, Inc. v.
`
`Horizon Fitness, Inc., 2009 WL 1025467, at (E.D. Tex. 2009) (finding that “[a]s a result of
`
`contracting to manufacture products for sale in” national retailers’ stores, the defendant “could have
`
`expected that it could be brought into court in the states where [the national retailers] are located”).
`
`19.
`
`Venue is proper in this District pursuant to 28 U.S.C. §§ 1391(c) and 1400(b). As
`
`alleged herein, Defendant Cloudera has committed acts of infringement in this District. As further
`
`alleged herein, Defendant Cloudera, via its own operations and employees located there, has a
`
`regular and established place of business in this District. Cloudera’s regular and established place
`
`of business is at least at 515 Congress Ave., Austin, Texas 78701, which according to publicly
`
`available records is located in Travis County. Accordingly, Cloudera may be sued in this district
`
`under 28 U.S.C. § 1400(b).
`
`20.
`
`On information and belief, Defendant Cloudera has significant ties to, and presence
`
`in, the State of Texas and the Western District of Texas, making venue in this District both proper
`
`and convenient for this action.
`
`THE ASSERTED PATENTS AND TECHNOLOGY
`
`21.
`
`The Asserted Patents cover various aspects of network systems and methods
`
`extensible by users as subscribers to a network service. Such extensibility by users of network
`
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`services includes interaction with the network by creating, copying, modifying, editing, and deleting
`
`agents. Such agents are invoked by users to consume service resources. Such network systems and
`
`methods further include automation of validation of equipment and/or processes via a user interface
`
`and validation processing engine. Moreover, such network systems include server systems with
`
`network connected distributed client systems to provide workload processing. Such workload
`
`processing includes indexing of the location of data required to process workloads and processing
`
`of search results via a content aggregator. Data stored in such network systems, may be arranged in
`
`data files in a mixed format physical layout divided into fixed-sized fields and variable sized fields
`
`and compressed.
`
`22.
`
`The ’733 patent involves at least methods for admitting a user to a network system
`
`wherein at least one agent is operable to consume a service resource (e.g., CPU, memory resource,
`
`etc.) while utilizing a service to perform a task for the user. The user is allowed to create, modify,
`
`or delete the agent within the network system.
`
`23.
`
`The ’752 patent involves at least methods for receiving, using a computing device,
`
`data for creating a network-based agent. An execution of the network-based agent is invoked in
`
`response to receiving a URL that defines a type of event and identifies the agent. Invoking execution
`
`of the network-based agent uses a service and a service resource that is consumed by the network-
`
`based agent for performing the invoking operation. The result of the operation is communicated
`
`over a network communication link.
`
`24.
`
`The ’488 patent involves at least methods for automating, in a computing
`
`environment, the validation of equipment and/or processes for use, for example, in a pharmaceutical
`
`and/or bio-technology manufacturing facility. A user interface is provided that accepts and/or
`
`displays data representative of validation processing and/or validation workflow management
`
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`information. A validation processing engine is provided that comprises a processing rule that
`
`operates to produce validation protocol information.
`
`25.
`
`The ’897 patent involves at least methods for arranging data in a data file on a mixed
`
`format physical layout. This layout has a plurality of fixed-sized fields, a plurality of variable-sized
`
`fields, and a plurality of offset slots. The fixed-sized fields are of a first size and the offset slots are
`
`of a second size. The data on the mixed format physical layout is divided into the fixed-sized fields
`
`and the variable sized fields. The data of the variable sized fields and the fixed-sized fields is
`
`compressed.
`
`26.
`
`The ’961 patent involves at least methods for accessing a content aggregator and
`
`transmitting a search query to the content aggregator. The search query is transmitted to a plurality
`
`of remote agents located on one of a plurality of distinct networks. Each network is searched for
`
`content responsive to the query. A search result is transmitted from the remote agents to the content
`
`aggregator. The search results are processed via the content aggregator, wherein processing includes
`
`applying rules and standards designated by a client. And processed information is transmitted from
`
`the content aggregator to the client.
`
`27.
`
`The ’474 patent involves at least methods for receiving client requests from server
`
`systems to use a distributed processing system to process a workload. The first workload is sent to
`
`a host distributed device. An index defining a location of data required to process the first workload
`
`is sent to the host distributed device. The data is accessed from a first data address in the index. And
`
`the index is updated to include a storage address of storage coupled to the host distributed device
`
`as a location of the data.
`
`28.
`
`The ’827 patent involves at least methods and systems for configuring a distributed
`
`processing system with distributed devices coupled to a network. The devices include client agents
`
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`that process workloads for the system. The client agents have software-based network attached
`
`storage (NAS) components that assess unused or underutilized storage resources in distributed
`
`devices. The NAS devices have storage resources related to the unused or underutilized storage
`
`resources. The system processes data storage or access workloads and enables the distributed
`
`devices to store location information associated with data stored by the distributed devices through
`
`the use of client agents. At least one of the distributed devices is enabled to function as a stand-
`
`alone dedicated NAS device through the use of the client agents.
`
`29.
`
`The ’153 patent involves at least methods for providing a server system coupled to
`
`a network with network-connected distributed client systems having under-utilized capabilities. The
`
`client systems run a client agent program to provide workload processing for a project of a
`
`distributed computing platform. The server system distributes project workloads to the client
`
`systems and distributes initial project and poll parameters to the client systems. Poll
`
`communications are received from the client systems during the processing of project workloads
`
`and a dynamic snapshot information of a current project status is provided based on the poll
`
`communications. The poll communications are analyzed to determine whether to modify the initial
`
`project and poll parameters, which indicate how many client systems are active in the project. If
`
`fewer client systems are desired, including within a polling response communications, the number
`
`of actively participating client systems is reduced. And if a greater number of client systems is
`
`desired, then client systems are added to active participation in the project. The poll response
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`communications are sent to the client systems to modify the initial project and poll parameters,
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`depending on the analysis of the poll communications. The steps of receiving and analyzing poll
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`communications and sending poll response communications are repeated to dynamically coordinate
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`project activities of the client systems during project operations.
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`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
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`12
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`Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 13 of 107
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`30.
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`On information and belief, a significant portion of the operating revenue of
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`Defendant is derived from the development, design, manufacture, distribution, licensing, sale,
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`offering for sale, and use of Cloudera’s data management and analytics products and services,
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`including the Cloudera Platforms and their components. See, e.g., Cloudera 2021 Annual Report at
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`33 (“We generate revenue from subscriptions and services.”). For example, Defendant Cloudera
`
`provides data management and analytics products and services via its data platform, i.e., the
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`Cloudera Platform(s), and related products and services to customers. For the year 2020, Defendant
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`reported $794 million in revenue for the Subscription and Services combined. See Cloudera 2021
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`Annual Report at 37. For the year 2021, Defendant reported $869 million in revenue for the
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`Subscription and Services combined. Id. Cloudera reports that “[s]ales outside of the United States
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`represented approximately 40%, 38% and 34% of our total revenue for the years ended January 31,
`
`2021, 2020 and 2019, respectively.” Id. at 33. Thus, the majority of Cloudera’s revenue derives
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`from Cloudera’s data management and analytics products and services distributed, licensed, sold,
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`offered for sale, and used by customers in the United States.
`
`31.
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`The Asserted Patents cover Defendant’s data management and analytics products
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`and components, software, services, and processes related to same that cover various aspects of
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`network systems extensible by users as subscribers to a network service, including such network
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`systems that 1) allow a user to interact with the network by creating, copying, modifying, editing,
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`and deleting agents to support consumption of network services and/or allow a user to provide for
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`automation of validation of equipment and/or processes via a user interface and validation
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`processing engine; 2) server systems with network-connected distributed client systems to provide
`
`workload processing; 3) indexing of the location of data required to process workloads and
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`processing of search results via a content aggregator; and 4) arranging data stored in such network
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`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`13
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`Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 14 of 107
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`systems in data files in a mixed format physical layout divided into fixed-sized fields and variable
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`sized fields (collectively referred to herein as the “Accused Instrumentalities”). See, e.g., Cloudera
`
`Data Platform
`
`(CDP), CLOUDERA,
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`https://www.cloudera.com/products/cloudera-data-
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`platform.html (“CDP delivers faster and easier data management and data analytics for data
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`anywhere, with optimal performance, scalability, and security.”) (last visited Oct. 10, 2023).
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`Defendant’s infringing Accused Instrumentalities include, but are not limited to, components of the
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`Cloudera Platforms, including, but not limited to networks, methods, processes, systems, software,
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`firmware, distributions, infrastructure, environments, interfaces, hosts, tools, data connections,
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`databases, resources, and related services provided to partners, users, customers, clients, and
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`consumers via at least the Cloudera Enterprise, the Cloudera Data Platform, Data Hub, Runtime,
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`Search, the Cloudera SDX Management Console, Cloudera Manager, CDH, Cloudera Flow
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`Management, and Cloudera distributions of Apache Oozie, NiFi, YARN, Hue, Avro, Zookeeper
`
`and related data storage and compression techniques.
`
`32.
`
`As explained in further detail in the paragraphs below (including in Counts I-VIII),
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`Cloudera directly infringes ’733 patent, the ’752 patent, the ’488 patent, the ’897 patent, the ’961
`
`patent, the ’474 patent, the ’827 patent, and the ’153 patent by using and performing at least one
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`method claimed in each patent. In addition, Cloudera directly and indirectly infringes the ’827
`
`patent by making, selling, offering for sale, using, and importing at least one system claimed in the
`
`’827 patent.
`
`33.
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`Cloudera operates and/or directs and controls every aspect of the data processing
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`services provided to its customers, including the execution of the software processes on its data
`
`platform. Cloudera uses a “hybrid” data platform to run the customer’s analytics “anywhere—
`
`public cloud, private cloud, on premises, at the edge.” WHY CLOUDERA? We enable global
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`14
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`

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`Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 15 of 107
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`enterprises to use data to solve the impossible today., https://www.cloudera.com/why-
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`cloudera.html, CLOUDERA. Cloudera “and its affiliates” impose terms and restrictions on the use of
`
`the Cloudera Online Services under a “Cloudera Online Services” contract (referred to herein as
`
`the
`
`“COS Contract”).
`
`See Exhibit A
`
`(“Ex. A,”
`
`attached)
`
`available
`
`at
`
`https://web.archive.org/web/20220609235749/https://www.cloudera.com/legal/terms-and-
`
`conditions/cloudera-online-services-terms.html. Cloudera defines its “Cloudera Online Services”
`
`as the “Cloudera online data platform services offerings provided as hosted, cloud-based services,
`
`accessible through a web browser.” See Ex. A at Section 1.8. Moreover, Cloudera charges its
`
`customers based on the Cloudera resources utilized (e.g., processor and memory usage). See
`
`Cloudera Pricing, CLOUDERA, https://www.cloudera.com/products/pricing.html (“Pricing is per
`
`Cloudera Compute Unit (CCU) which is a combination of Core and Memory.”). In other words,
`
`Cloudera owns, controls, and charges for the Cloudera resources that its data platform (e.g., the
`
`Cloudera Technology) uses to infringe the Asserted Patents, even when that platform is “deployed”
`
`in a “Customer Environment.” Such Cloudera Online Services are, at all times, controlled and
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`operated by Cloudera: “Cloudera and its licensors and suppliers retain all right, title and interest in
`
`and to . . . Cloudera Online Services including any and all underlying technology related thereto,”
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`referred by Cloudera as the “Cloudera Technology.” Ex. A at Section 8.1 (“Cloudera Proprietary
`
`Rights”). Cloudera’s customers access the “Services” via a “Cloudera Portal,” which is the
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`“Cloudera web site.” Ex. A at Section 1.10.
`
`34.
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`Cloudera owns all rights to the Cloudera Technology, takes responsibility for
`
`maintaining the Cloudera Technology, restricts access and use pursuant to one or more contracts,
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`charges the Customer for computation and storage utilized by the Cloudera Technology, and
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`prohibits any further use or access to the Cloudera Technology if the customer’s subscription
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`15
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`

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`Case 1:24-cv-00261-DAE Document 22 Filed 05/20/24 Page 16 of 107
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`expires