throbber
Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 1 of 40
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`Case No. 6:20-cv-00695
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`
`BCS SOFTWARE, LLC,
`
`
`
`
`
`Plaintiff
`
` v.
`
`FACEBOOK, INC.,
`
`
`
`
`Defendant
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff BCS Software, LLC (“Plaintiff” or “BCS”) hereby asserts the following
`
`claims for patent infringement against Facebook, Inc. (“Defendant” or “Facebook”), and
`
`alleges, on information and belief, as follows:
`
`THE PARTIES
`
`1.
`
`BCS Software, LLC is a limited liability company organized and existing under
`
`the laws of the Texas with its principal place of business in Austin, Texas.
`
`2.
`
`Facebook is a corporation organized and existing under the laws of the State of
`
`Delaware having a principal place of business at 1 Hacker Way, Bldg. 10, Menlo Park,
`
`California 94025-1456.
`
`3.
`
`Facebook may be served with process through its registered agent, Corporation Service
`
`Company, DBA CSC – Lawyers Inco, 211 East 7th Street, Suite 620, Austin, Texas 78701.
`
`4.
`
`On information and belief, since about April 2009, Facebook has been registered to do
`
`business in the state of Texas under Texas SOS file number 0801108427.
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 2 of 40
`
`JURISDICTION AND VENUE
`
`5.
`
`This action arises under the patent laws of the United States, 35 U.S.C. § 1, et seq.
`
`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
`
`6.
`
`7.
`
`Defendant has committed acts of infringement in this judicial district.
`
`On information and belief, Defendant has a regular and established place of
`
`business in this judicial district at 9420 Research Blvd, Austin, Texas 78759.
`
`8.
`
`On information and belief, the Court has personal jurisdiction over Defendant
`
`because Defendant has committed, and continues to commit, acts of infringement in the
`
`state of Texas, has conducted business in the state of Texas, and/or has engaged in
`
`continuous and systematic activities in the state of Texas.
`
`9.
`
`On information and belief, Defendant’s instrumentalities that are alleged herein
`
`to infringe were and continue to be used, imported, offered for sale, and/or sold in the
`
`Western District of Texas.
`
`10.
`
`Venue is proper in the Western District of Texas pursuant to 28 U.S.C. § 1400(b).
`
`U.S. PATENT NO. 7,890,809
`
`11.
`
`BCS is the owner, by assignment, of U.S. Patent No. 7,890,809 (“the ’809 Patent”),
`
`entitled HIGH LEVEL OPERATIONAL SUPPORT SYSTEM, which issued on February
`
`15, 2011. A copy of the ’809 Patent is attached as Exhibit A.
`
`12.
`
`The ’809 Patent is valid, enforceable, and was duly issued in full compliance with
`
`Title 35 of the United States Code.
`
`13.
`
`The ’809 Patent was invented by Messrs. Blaine Nye and David Sze Hong.
`
`14.
`
`The priority date for the ’809 Patent is at least May 1, 2003.
`
`15.
`
`The expiration date of the ’809 Patent is August 21, 2023.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 2
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 3 of 40
`
`16.
`
`The ’809 Patent has been referenced by 18 United States Patents, United States
`
`Patent Applications and foreign patents.
`
`17.
`
`The ’809 Patent was examined by United States Patent Examiner Joshua Lohn.
`
`During the examination of the ’809 Patent, the United States Patent Examiner searched
`
`for prior art in the following US Classifications: 714/38, 714/47, 719/320.
`
`18.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent No. 6,748,555 to
`
`Teegan et al as one of the most relevant prior art references found during the search.
`
`19.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent No. 6,862,698 to
`
`Shyu as one of the most relevant prior art references found during the search.
`
`20.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent No. 7,003,560 to
`
`Mullen et al as one of the most relevant prior art references found during the search.
`
`21.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent No. 7,100,195 to
`
`Underwood as one of the most relevant prior art references found during the search.
`
`22.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`2003/0037288 by Harper et al as one of the most relevant prior art references found
`
`during the search.
`
`23.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 3
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 4 of 40
`
`2003/0204791 by Helgren et al as one of the most relevant prior art references found
`
`during the search.
`
`24.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`2004/0073566 by Trivedi as one of the most relevant prior art references found during
`
`the search.
`
`25.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`2004/0088401 by Tripathi et al as one of the most relevant prior art references found
`
`during the search.
`
`26.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`2005/0044535 by Coppert as one of the most relevant prior art references found during
`
`the search.
`
`27.
`
`After conducting a search for prior art during the examination of the ’809 Patent,
`
`the United States Patent Examiner identified and cited U.S. Patent Application No.
`
`6,748,555 by Shyu as one of the most relevant prior art references found during the
`
`search.
`
`28.
`
`The ’809 Patent relates to:
`
`A high level Operational Support System (OSS) framework provides the
`infrastructure and analytical system to enable all applications and systems
`to be managed dynamically at runtime regardless of platform or
`programming technology. Applications are automatically discovered and
`managed. Java applications have the additional advantage of auto-
`inspection (through reflection) to determine their manageability. Resources
`belonging to application instances are associated and managed with that
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 4
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 5 of 40
`
`application instance. This provides operators the ability to not only manage
`an application, but its distributed components as well. They are presented
`as belonging to a single application instance node that can be monitored,
`analyzed, and managed. The OSS framework provides the platform-
`independent infrastructure that heterogeneous applications require to be
`monitored, controlled, analyzed and managed at runtime. New and legacy
`applications written in C++ or Java are viewed and manipulated identically
`with zero coupling between the applications themselves and the tools that
`scrutinize them.
`
`’809 Patent (Abstract).
`
`
`
`Id. (Figure 1).
`
`29.
`
`The field of the invention is to improvements in “wireless communication carriers.
`
`More particularly, it relates to operational support system (OSS), application/systems
`
`management, and network management.” Id., col. 1:17-20.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 5
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 6 of 40
`
`30.
`
`As disclosed in the ’809 Patent, “[m]any network management technologies exist
`
`that allow operators to manage applications and devices at runtime. For instance, SNMP,
`
`TL1 and JMX each attempt to provide operators with the ability to manipulate and affect
`
`change at runtime.” Id., col. 1:22-26.
`
`31.
`
`As disclosed in the ’809 Patent, “[t]he fundamental of each is similar. It is to
`
`manipulate the objects of an application through messaging.” Id., col. 1:26-27.
`
`32.
`
`As disclosed in the ’809 Patent, “SNMP is the standard basic management service
`
`for networks that operate in TCP/IP environments. It is intended primarily to operate
`
`well-defined devices easily and does so quite successfully. However, it is limited to the
`
`querying and updating of variables.” Id., col. 1:28-32.
`
`33.
`
`As disclosed in the ’809 Patent, “Transaction Language 1 (TL1) is a set of ASCII-
`
`based instructions, or ‘messages,’ that an operations support system (OSS) uses to
`
`manage a network element (NE) and its resources. Id., col. 1:32-35.
`
`34.
`
`As disclosed in the ’809 Patent, “JMX is a Java centric technology that permits the
`
`total management of objects: not only the manipulation of fields, but also the execution
`
`of object operations. It is designed to take advantage of the Java language to allow for
`
`the discovery and manipulation of new or legacy applications or devices.” Id., col. 1:35-
`
`40.
`
`35.
`
`As disclosed in the ’809 Patent, “Operational Support for enterprise applications
`
`is currently realized using a variety of technologies and distinct, separate services. For
`
`instance, network management protocols (SNMP, JMX, TL1, etc.) provide runtime
`
`configuration and some provide operation invocation, but these technologies are not
`
`necessarily geared toward applications.” Id., col. 1:40-45.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 6
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 7 of 40
`
`36.
`
`As disclosed in the ’809 Patent, “[s]ome are language specific (e.g., JMX) and
`
`require language agnostic bridging mechanisms that must be implemented, configured
`
`and maintained. SNMP is generic (e.g., TL1 and SNMP) and very simple in nature, but
`
`it requires application developers to implement solutions to common OSS tasks on top of
`
`SNMP. Id., col. 1:46-51.
`
`37.
`
`As disclosed in the ’809 Patent, “TL1 is also ASCII based and generic. However,
`
`while it is very flexible and powerful, it is another language that must be mastered, and
`
`it's nature is command line based. As a result, it is not intuitively based in presentation
`
`layer tools. While all the technologies have their respective benefits, they do not provide
`
`direct means of providing higher level OSS functionality. Conventionally, applications
`
`are monitored, analyzed and managed at runtime.” Id., col. 1:52-59.
`
`38.
`
`As disclosed in the ’809 Patent, one or more claims “provid[e] a high level
`
`operational support system framework comprises monitoring a health of a plurality of
`
`applications. The health of the plurality of applications is assessed, and the health of the
`
`plurality of applications is analyzed, whereby each of the plurality of applications are
`
`managed dynamically at runtime regardless of a platform of each of the plurality of
`
`applications.” Id., col. 1:64–2:3.
`
`39.
`
`Consequently, the ’809 Patent improves the computer functionality itself and
`
`represents a technological improvement to the operation of computers.
`
`NOTICE OF BCS’ PATENTS
`
`40.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,240,421 (the “’421
`
`Patent”), entitled “System, software and apparatus for organizing, storing and retrieving
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 7
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 8 of 40
`
`information from a computer database,” which issued on May 29, 2001. A copy of the
`
`’421 Patent is available at https://patents.google.com/patent/US6240421B1/en?oq=6240421.
`
`41.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,421,821 (the “’821
`
`Patent”), entitled “Flow chart-based programming method and system for object-oriented
`
`languages,” which issued on July 16, 2002. A copy of the ’821 Patent is available at
`
`https://patents.google.com/patent/US6421821B1/en?oq=6421821.
`
`42.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,438,535 (the “’535
`
`Patent”), entitled “Relational database method for accessing information useful for the
`
`manufacture of, to interconnect nodes in, to repair and to maintain product and system
`
`units,” which issued on August 20, 2002. A copy of the ’535 Patent is available at
`
`https://patents.google.com/patent/US6438535B1/en?oq=6438535.
`
`43.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,658,377 (the “’377
`
`Patent”), entitled “Method and system for text analysis based on the tagging, processing,
`
`and/or reformatting of the input text,” which issued on December 2, 2003. A copy of the
`
`’377 Patent is available at https://patents.google.com/patent/US6658377B1/en?oq=6658377.
`
`44.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,662,179 (the “’179
`
`Patent”), entitled “Relational database method for accessing information useful for the
`
`manufacture of, to interconnect nodes in, to repair and to maintain product and system
`
`units,” which issued on December 9, 2003. A copy of the ’179 Patent is available at
`
`https://patents.google.com/patent/US6662179B2/en?oq=6662179.
`
`45.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 6,895,502 (the “’502
`
`Patent”), entitled “Method and system for securely displaying and confirming request to
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 8
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 9 of 40
`
`perform operation on host computer,” which issued on May 17, 2005. A copy of the ’502
`
`Patent is available at https://patents.google.com/patent/US6895502B1/en?oq=6895502.
`
`46.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,200,760 (the “’760
`
`Patent”), entitled “System for persistently encrypting critical software data to control the
`
`operation of an executable software program,” which issued on April 3, 2007. A copy of
`
`the
`
`’760
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7200760B2/en?oq=7200760.
`
`47.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,302,612 (the “’612
`
`Patent”), entitled “High level operational support system,” which issued on November 27,
`
`2007.
`
`
`
`A
`
`copy
`
`of
`
`the
`
`’612
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7302612B2/en?oq=7302612.
`
`48.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,533,301 (the “’301
`
`Patent”), entitled “High level operational support system,” which issued on May 12, 2009.
`
`A
`
`copy
`
`of
`
`the
`
`’301
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7533301B2/en?oq=7533301.
`
`49.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,730,129 (the “’129
`
`Patent”), entitled “Collaborative communication platforms,” which issued on June 1,
`
`2010.
`
`
`
`A
`
`copy
`
`of
`
`the
`
`’129
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7730129B2/en?oq=7730129.
`
`50.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,774,296 (the “’296
`
`Patent”), entitled “Relational database method for accessing information useful for the
`
`manufacture of, to interconnect nodes in, to repair and to maintain product and system
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 9
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 10 of 40
`
`units,” which issued on August 10, 2010. A copy of the ’296 Patent is available at
`
`https://patents.google.com/patent/US7774296B2/en?oq=7774296.
`
`51.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,840.893 (the “’893
`
`Patent”), entitled “Display and manipulation of web page-based search results,” which
`
`issued on November 23, 2010.
`
` A copy of the
`
`’893 Patent is available at
`
`https://patents.google.com/patent/US7840893B2/en?oq=7840893.
`
`52.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,895,282 (the “’282
`
`Patent”), entitled “Internal electronic mail system and method for the same,” which
`
`issued on February 22, 2011.
`
` A copy of the
`
`’282 Patent is available at
`
`https://patents.google.com/patent/US7895282B1/en?oq=7895282.
`
`53.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,996,464 (the “’464
`
`Patent”), entitled “Method and system for providing a user directory,” which issued on
`
`August
`
`9,
`
`2011.
`
` A
`
`copy
`
`of
`
`the
`
`’464 Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7996464B1/en?oq=7996464.
`
`54.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 7,996,469 (the “’469
`
`Patent”), entitled “Method and system for sharing files over networks,” which issued on
`
`August
`
`9,
`
`2011.
`
` A
`
`copy
`
`of
`
`the
`
`’469 Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US7996469B1/en?oq=7996469.
`
`55.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,171,081 (the “’081
`
`Patent”), entitled “Internal electronic mail within a collaborative communication
`
`system,” which issued on May 1, 2012. A copy of the ’081 Patent is available at
`
`https://patents.google.com/patent/US8171081B1/en?oq=8171081.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 10
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 11 of 40
`
`56.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,176,123 (the “’123
`
`Patent”), entitled “Collaborative communication platforms,” which issued on May 8,
`
`2012.
`
`
`
`A
`
`copy
`
`of
`
`the
`
`’123
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US8176123B1/en?oq=8176123.
`
`57.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,285,788 (the “’788
`
`Patent”), entitled “Techniques for sharing files within a collaborative communication
`
`system,” which issued on October 9, 2012. A copy of the ’788 Patent is available at
`
`https://patents.google.com/patent/US8285788B1/en?oq=8285788.
`
`58.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,554,838 (the “’838
`
`Patent”), entitled “Collaborative communication platforms,” which issued on October 8,
`
`2013.
`
`
`
`A
`
`copy
`
`of
`
`the
`
`’838
`
`Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US8554838B1/en?oq=8554838.
`
`59.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,819,120 (the “’120
`
`Patent”), entitled “Method and system for group communications,” which issued on
`
`August
`
`26,
`
`2014.
`
` A
`
`copy
`
`of
`
`the
`
`’120 Patent
`
`is
`
`available
`
`at
`
`https://patents.google.com/patent/US8819120B1/en?oq=8819120.
`
`60.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 8,984,063 (the “’063
`
`Patent”), entitled “Techniques for providing a user directory for communication within a
`
`communication system,” which issued on March 17, 2015. A copy of the ’063 Patent is
`
`available at https://patents.google.com/patent/US8984063B1/en?oq=8984063.
`
`61.
`
`Plaintiff is the owner, by assignment, of U.S. Patent No. 9,396,456 (the “’456
`
`Patent”), entitled “Method and system for forming groups in collaborative communication
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 11
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 12 of 40
`
`system,” which issued on July 19, 2016. A copy of the ’456 Patent is available at
`
`https://patents.google.com/patent/US9396456B1/en?oq=9396456.
`
`DEFENDANT’S SYSTEM
`
`62. Upon information and belief, Defendant makes, uses, and operates the
`
`Facebook.com platform, which includes the Apache Zookeeper service, which is
`
`exemplified by the following references:
`
` The Underlying Technology of Messages (“Underlying Technology”), available at
`https://www.facebook.com/notes/facebook-engineering/the-underlying-technology-of-
`messages/454991608919 (last accessed July 29, 2020);
`
` Observers: Making ZooKeeper Scale Even Further (“ZooKeeper Scale”), available at
`https://www.facebook.com/notes/cloudera/observers-making-zookeeper-scale-even-
`further/204351007002/ (last accessed July 29, 2020);
`
` What is Zookeeper (“What is Zookeeper”), available at
`http://www.corejavaguru.com/bigdata/zookeeper/what-is-zookeeper (last accessed July
`29, 2020);
`
` Welcome to Apache ZooKeeper (“Apache ZooKeeper”), available at
`https://zookeeper.apache.org/ (last accessed July 29, 2020);
`
` ZooKeeper: A Distributed Coordination Service
`(“Distributed Coordination”), available at
`https://zookeeper.apache.org/doc/r3.2.2/zookeeperOver.html (last accessed July 29,
`2020);
`
` What is Apache Zookeeper? (“Zookeeper_intellipaat”), available at
` https://intellipaat.com/blog/what-is-apache-zookeeper/ (last accessed July 29, 2020);
`
` Start making? Zookeeper's API (“Zookeeper's API”), available at
`https://topic.alibabacloud.com/a/start-making-zookeeper39s-api_8_8_30841990.html
`(last accessed July 29, 2020);
`
` ZooKeeper by Benjamin Reed, Flavio Junqueira (“ZooKeeper by Benjamin Reed”),
`available at
`https://www.oreilly.com/library/view/zookeeper/9781449361297/ch01.html
`accessed July 29, 2020);
`
`
`for Distributed Applications
`
`(last
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 12
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 13 of 40
`
`
`
`(last
`
` Apache Zookeeper Tutorial (“Zookeeper Tutorial”), available at
`https://www.dezyre.com/hadoop-tutorial/zookeeper-tutorial (last accessed July 29,
`2020);
`
` Curator RPC (“Curator RPC”), available at
`http://zookeeper-user.578899.n2.nabble.com/ANN-Curator-RPC-td7580113.html
`accessed July 29, 2020);
`
`Introduction to Thrift (“Introduction to Thrift”), available at
`https://thrift-tutorial.readthedocs.io/en/latest/intro.html (last accessed July 29, 2020);
`
` Service Discovery Server (“Service Discovery Server”), available at
`https://curator.apache.org/curator-x-discovery-server/index.html (last accessed July 29,
`2020);
`
` Apache Thrift (“Apache Thrift”), available at
`https://en.wikipedia.org/wiki/Apache_Thrift (last accessed July 29, 2020);
`
` ZooKeeper Flavio Junqueira Benjamin Reed (“ZooKeeper Flavio Junqueira”), available
`at
`http://www.54manong.com/ebook/%E5%A4%A7%E6%95%B0%E6%8D%AE/2018120
`8232851/ZooKeeper-Flavio%20Junqueira%20&%20Benjamin%20Reed/ZooKeeper-
`Flavio%20Junqueira%20&%20Benjamin%20Reed.html (last accessed July 29, 2020);
`
`
`
` ZooKeeper Monitoring (“ZooKeeper Monitoring”), available at
`https://www.site24x7.com/plugins/zookeeper-monitoring.html (last accessed July 29,
`2020);
`
` ZooKeeper (“DataDog”), available at
`https://docs.datadoghq.com/integrations/zk/ (last accessed July 29, 2020);
`
` Chapter 4. Dealing with State Change (“State Change”), available at
`https://www.oreilly.com/library/view/zookeeper/9781449361297/ch04.html
`accessed July 29, 2020);
`
` ZooKeeper Programmer's Guide (“Programmer's Guide”), available at
`https://zookeeper.apache.org/doc/r3.3.5/zookeeperProgrammers.html (last accessed July
`29, 2020);
`
` Architecture of ZAB – ZooKeeper Atomic Broadcast protocol (“Architecture of ZAB”),
`available at
`https://distributedalgorithm.wordpress.com/tag/zookeeper/ (last accessed July 29,
`2020); and
`
`
`(last
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 13
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 14 of 40
`
`Introduction to Apache ZooKeeper (“Introduction”), available at
`https://hadooptechblog.wordpress.com/2015/12/29/introduction-to-apache-zookeeper/
`(last accessed July 29, 2020).
`
`
`
`
`
`63.
`
`The information contained in the references identified in paragraph 62 is
`
`incorporated by reference as if set forth fully herein.
`
`64.
`
`The information contained in the references identified in paragraph 63 accurately
`
`describes the operation and functionality of the Apache Zookeeper service.
`
`COUNT I
`(Infringement of U.S. Patent No. 7,890,809)
`
`65.
`
`BCS incorporates paragraphs 1-64 herein by reference.
`
`66. Defendant has been on notice of the ’809 Patent at least as early as the date it
`
`received service of this complaint.
`
`67. Upon information and belief, Defendant has infringed and continues to infringe
`
`one or more claims, including Claim 1, of the ’809 Patent by making, using, and operating
`
`the Apache Zookeeper service.
`
`68. Defendant, with knowledge of the ’809 Patent, infringes the ’809 Patent by
`
`inducing others to infringe the ’809 Patent. In particular, Defendant intends to induce
`
`its customers to infringe the ’809 Patent by encouraging its customers to use the Apache
`
`Zookeeper service.
`
`69. Defendant also induces others, including its customers, to infringe the ’809 Patent
`
`by providing technical support for the use of the Apache Zookeeper service.
`
`70. Upon information and belief, at all times Defendant owns and controls the
`
`operation of the Apache Zookeeper service.
`
`71.
`
`Claim 1 of the ’809 Patent recites:
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 14
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 15 of 40
`
`1.
`
`A method of providing a high level support framework, comprising:
`
`monitoring from a physical server a health of a plurality of client applications and
`
`a health of said plurality of client applications' distributed components, using a
`common monitoring protocol, said monitoring being
`independent of a
`
`programming technology of said plurality of client applications and respective
`
`distributed components;
`
`assessing said health of said plurality of client applications and said respective
`
`distributed components; and
`
`associating said health of said plurality of client applications and said respective
`
`distributed components as belonging to a single application node.
`
`72. With the ThinQ product, Defendant provides a high-level operational support
`
`system framework.
`
`73.
`
`The Apache Zookeeper satisfies the claim element “a high level support framework.”
`
`74.
`
`The Apache Zookeeper service is an open source centralized service for coordination of
`
`distributed applications and also known as king of coordination.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 15
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 16 of 40
`
`
`
`
`
`
`
`
`
`Underlying Technology.
`
`ZooKeeper Scale.
`
`What is Zookeeper.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 16
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 17 of 40
`
`
`
`
`
`Apache ZooKeeper.
`
`75.
`
`The Zookeeper server satisfies the claim element “a physical server.”
`
`76.
`
`The clients connected to the zookeeper server satisfies the claim element “a plurality of
`
`client applications.”
`
`77.
`
`The children nodes such as z-nodes/data-nodes of applications can be created. The z-node
`
`is called as directory for storing data satisfies the claim element “plurality of client applications'
`
`distributed components.”
`
`78.
`
`The monitoring of health of session between client and zookeeper satisfies the claim
`
`element “health of a plurality of client applications.”
`
`79. A number of clients are connected to the zookeeper service. The zookeeper service allows
`
`the monitoring of the health of session between client and zookeeper (herein referred as plurality
`
`of client applications). Further, a notification is generated (herein inferred as monitoring of health)
`
`whenever a z-node/data-node (herein referred as plurality of client applications' distributed
`
`components) is created/deleted.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 17
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 18 of 40
`
`
`
`
`
`
`
`Distributed Coordination.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 18
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 19 of 40
`
`
`
`
`
`
`
`Zookeeper_intellipaat.
`
`Zookeeper's API.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 19
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 20 of 40
`
`ZooKeeper by Benjamin Reed.
`
`ZooKeeper Scale.
`
`
`
`
`
`
`
`
`
`Zookeeper_intellipaat.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 20
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 21 of 40
`
`
`
`
`
`Distributed Coordination.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 21
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 22 of 40
`
`
`
`
`
`
`
`
`
`State Change.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 22
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 23 of 40
`
`
`
`
`
`Zookeeper Tutorial.
`
`80.
`
`The Curator RPC module using Apache Thrift protocol satisfies the claim element “a
`
`common monitoring protocol.”
`
`81.
`
`Coordination of software components/independent programs running independently on
`
`ever-changing multiple machines satisfies the claim element “monitoring being independent of a
`
`programming technology of said plurality of client applications and respective distributed
`
`components.”
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 23
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 24 of 40
`
`82.
`
`The clients connected to the zookeeper server satisfies the claim element “a plurality of
`
`client applications.”
`
`83.
`
`The zookeeper service enables the coordination of distributed applications with the help of
`
`curator RPC Module which provides a bridge to non-java environment. It uses an apache thrift
`
`protocol which supports large set of languages and environment thus zookeeper service can unify
`
`across languages and environments (herein referred as using a common monitoring protocol). The
`
`zookeeper service provides Coordination of software components/independent programs running
`
`independently on ever-changing multiple machines (herein inferred as monitoring being
`
`independent of a programming technology).
`
`Curator RPC.
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 24
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 25 of 40
`
`
`
`
`
`
`
`Introduction to Thrift.
`
`Service Discovery Server.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 25
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 26 of 40
`
`Apache Thrift.
`
`ZooKeeper by Benjamin Reed.
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 26
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 27 of 40
`
`What is Zookeeper.
`
`
`
`
`
`
`
`
`
`
`
`Distributed Coordination.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 27
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 28 of 40
`
`Zookeeper_intellipaat.
`
`84.
`
`The clients connected to the zookeeper server satisfies the claim element “a plurality of
`
`
`
`client applications.”
`
`85.
`
`The children nodes such as z-nodes/data-nodes of applications can be created. The z-node
`
`is called as directory for storing data satisfies the claim element “plurality of client applications'
`
`distributed components.”
`
`86.
`
`The monitoring of health of session between client and zookeeper satisfies the claim
`
`element “health of a plurality of client applications.”
`
`87.
`
`The monitoring of health session of client with zookeeper is done using watcher interface.
`
`The Zookeeper monitoring metrices provides total/live clients connected to zookeeper server
`
`satisfies the claim element “assessing health.”
`
`88.
`
`The watcher interface in the zookeeper services watches/monitors the events related to
`
`health session of client with zookeeper and events related to z-nodes/data-nodes. The zookeeper
`
`monitoring metrices provides total/live clients connected to the zookeeper service in form of
`
`graphs.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 28
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 29 of 40
`
`
`
`
`
`
`
`Distributed Coordination.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 29
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 30 of 40
`
`Zookeeper_intellipaat.
`
`
`
`
`
`
`
`
`
`Zookeeper's API.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 30
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 31 of 40
`
`ZooKeeper by Benjamin Reed.
`
`ZooKeeper Flavio Junqueira.
`
`Distributed Coordination.
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 31
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 32 of 40
`
`
`
`
`
`ZooKeeper Monitoring.
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 32
`
`

`

`Case 6:20-cv-00695-ADA Document 1 Filed 07/29/20 Page 33 of 40
`
`DataDog.
`
`
`
`
`
`
`
`
`
`
`
`State Change.
`
`89.
`
`The clients connected to the zookeeper server satisfies the claim element “a plurality of
`
`client applications.”
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`PAGE | 33
`
`

`

`Case 6:20-

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