Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 1 of 65
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` UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`INTELLECTUAL VENTURES I LLC and )
`INTELLECTUAL VENTURES II LLC,
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`Plaintiffs,
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`v.
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`HEWLETT PACKARD ENTERPRISE CO.,)
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`Defendant.
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`Civil Action No. 6:21-CV-596
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiffs, Intellectual Ventures I LLC and Intellectual Ventures II LLC (together “IV”),
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`for their complaint against defendant, Hewlett Packard Enterprise Company (“HPE”), hereby
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`allege as follows:
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`THE PARTIES
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`1.
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`Intellectual Ventures I LLC (“Intellectual Ventures I”) is a Delaware limited
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`liability company having its principal place of business located at 3150 139th Avenue SE, Bellevue,
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`Washington 98005.
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`2.
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`Intellectual Ventures II LLC (“Intellectual Ventures II”) is a Delaware limited
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`liability company having its principal place of business located at 3150 139th Avenue SE, Bellevue,
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`Washington 98005.
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`3.
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`Upon information and belief, HPE is a Delaware corporation with its principal
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`executive offices located at 11445 Compaq Center West Drive, Houston, Texas 77070. HPE has
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`regular and established places of business in this District, including a fifty-two (52) acre campus
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 2 of 65
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`at 14321 Tandem Boulevard, Austin, Texas, and a lease for another 27,326 square foot office at
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`Paloma Ridge, 13620 FM 620 Austin, Texas 78717. HPE also has at least one other office in
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`Texas, at 6080 Tennyson Parkway, Suite 400, Plano, Texas 75024. HPE plans to relocate its
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`global headquarters from San Jose, California, to Spring, Texas in early 2022. HPE may be served
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`with process through its registered agent, CT Corporation System, 1999 Bryan Street, Suite 900,
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`Dallas, Texas 75201.
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`JURISDICTION
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`4.
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`IV brings this action for patent infringement pursuant to 35 U.S.C. § 271, et seq.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`5.
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`This Court has general jurisdiction over HPE because HPE is engaged in substantial
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`and not isolated activity at its regular and established places of business within this judicial district.
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`This Court has specific jurisdiction over HPE because HPE has committed acts of infringement
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`giving rise to this action within this judicial district and has established more than minimum
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`contacts within this judicial district, such that the exercise of jurisdiction over HPE in this Court
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`would not offend traditional notions of fair play and substantial justice.
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`6.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b)-(c) and
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`1400(b) because HPE maintains regular and established places of business and has committed acts
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`of patent infringement within this judicial district.
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`FACTUAL BACKGROUND
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`7.
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`Intellectual Ventures Management, LLC (“Intellectual Ventures”) was founded in
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`2000. Since then, Intellectual Ventures has been involved in the invention business. Intellectual
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`Ventures fosters inventions and facilitates the filing of patent applications for those inventions;
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`collaborates with others to develop and patent inventions; and acquires and licenses patents from
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 3 of 65
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`individual inventors, universities, corporations, and other institutions. A significant aspect of
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`Intellectual Ventures’ business is managing the plaintiffs in this case, Intellectual Ventures I and
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`Intellectual Ventures II.
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`8.
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`To create its own inventions, Intellectual Ventures has a staff of scientists and
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`engineers who develop ideas in a broad range of fields, including agriculture, computer hardware,
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`life sciences, medical devices, semiconductors, and software. Intellectual Ventures has invested
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`millions of dollars developing such ideas and has filed hundreds of patent applications on its
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`inventions every year, making it one of the world’s top patent filers. Intellectual Ventures has also
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`invested in laboratory facilities to assist with the development and testing of new ideas.
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`9.
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`Furthermore, Intellectual Ventures develops inventions by collaborating with
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`inventors and research institutions around the world. For example, Intellectual Ventures has
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`collaborated on inventions by selecting a technical challenge, requesting proposals for inventions
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`to solve the challenge from inventors and institutions, selecting the most promising ideas,
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`rewarding the inventors and institutions for their contributions, and filing patent applications on
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`the ideas. Intellectual Ventures has invested millions of dollars in this way and has created a
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`network of more than 4,000 inventors worldwide.
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`10.
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`One founder of Intellectual Ventures is Nathan Myhrvold, who worked at Microsoft
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`from 1986 until 2000 in a variety of executive positions, culminating in his appointment as the
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`company's first Chief Technology Officer (“CTO”) in 1996. While at Microsoft, Dr. Myhrvold
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`founded Microsoft Research in 1991 and was one of the world’s foremost software experts.
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`Between 1986 and 2000, Microsoft became the world’s largest technology company.
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`11.
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`Under Dr. Myhrvold’s leadership, IV acquired more than 70,000 patents covering
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`many important inventions of the Internet era. Many of these inventions coincided with Dr.
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`Myhrvold’s successful tenure at Microsoft.
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`12.
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`Two recent significant accomplishments in the field of computing are cloud-based
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`computing and virtualization of computing resources. As the computing industry shifted towards
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`cloud-based and virtualized computing, prior art storage solutions, such as stand-alone direct-
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`attached arrays, storage area networks (SAN), and network attached storage (NAS), were unable
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`to efficiently meet the increased performance, availability, and resiliency requirements associated
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`with such cloud-based and virtualized computing.
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`13.
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`To overcome these and other prior art limitations, new storage technologies were
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`developed. For example, disk storage technologies that increased availability and resiliency were
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`introduced, such as redundant arrays of independent disks (RAID). A RAID system, however,
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`does not adequately protect against a failure of its controlling node in a cost-effective manner,
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`cannot simultaneously serve I/O requests for more than a limited number of computers, and is not
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`itself readily scalable.
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`14.
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`Another example of a new storage technology that was introduced to overcome
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`prior art storage system limitations were solid-state drives (SSDs), which improved input/output
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`operations-per-second (IOPS) performance, but introduced other problems, such as SSD media
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`degradation from continuous write operations. This degradation was especially significant for
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`data-intensive applications that require a great many write operations per second. Furthermore,
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`though SSDs have better IOPS performance than older non-volatile storage technologies, such as
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`hard disk drives (HDDs), they are still slower than volatile memory, such as dynamic random
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`access memory (DRAM) and static random access memory (SRAM).
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`15.
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`As performance requirements increased in the industry, another problem exhibited
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`in traditional storage technologies such as RAIDs concerned the fact they dealt with data at an
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`input/output (I/O) block level. This meant that for a write command that instructs the storage
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`system to store a 64 Kbyte block of data into a storage media such as an SSD or HDD, the entire
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`requested block had to be fully received from the instructing computer before the storage system
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`could begin to process and virtualize that block. Processing an I/O as a single block and requiring
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`that all its contents be received before being further processed created bottlenecks in storage
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`systems.
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`16.
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`HPE makes, uses, and sells enterprise and high-performance storage solutions,
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`including virtualized storage and hyperconverged infrastructure solutions, with a particular focus
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`on distributed storage access and management products. Two of the most important technology
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`areas that HPE focuses on to deliver these products and services are (1) high performance
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`enterprise storage; and (2) hyperconverged, self-managing, self-optimizing and self-healing
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`storage platforms. When providing enterprise storage, for example, via its 3PAR StoreServ
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`Storage product, HPE focuses on providing highly available, resilient, and fast virtual storage with
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`advanced I/O management and granular visibility, which maximizes the customer’s return on
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`investment (ROI). When providing hyperconverged infrastructure platforms, such as its
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`SimpliVity HCI platform, HPE builds on its above distributed storage offerings by adding
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`advanced programmatic functionality, such as self-management and healing, that relies on the
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`availability of redundant storage resources.
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`THE PATENTS-IN-SUIT
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`On June 30, 2009, the Patent & Trademark Office (“PTO”) issued United States
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`17.
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`Patent No. 7,555,586 (“the ’586 patent”), titled APPARATUS AND METHOD FOR PACKET
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`5
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`BASED STORAGE VIRTUALIZATION. The ’586 patent is valid and enforceable. A copy of
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`the ’586 patent is attached as Exhibit A.
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`18.
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`Intellectual Ventures II is the owner and assignee of all rights, title, and interest in
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`and to the ’586 patent, and holds all substantial rights therein, including the rights to grant licenses,
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`to exclude others, and to enforce and recover past damages for infringement of that patent.
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`19.
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`The inventions claimed in the ’586 patent were conceived by Joseph Powell,
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`Randall Brown, and Stephen Finch while at Stonefly Networks. Stonefly Networks, in operation
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`for more than two decades, provides high-performance IT infrastructure solutions and storage
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`virtualization software, including data storage, protection, and optimization services and real-time
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`monitoring capabilities, to enterprises of all sizes.
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`20.
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`The ’586 patent is directed to systems, methods, and/or apparatus for virtualizing
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`data in storage environments by parallel processing command and data communications,
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`generating virtual data, and forming virtual I/O requests in an efficient manner. In particular, the
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`inventions improved upon then existing I/O storage technology by avoiding the processing
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`bottlenecks of traditional systems that would handle I/O requests (I/Os) as a single, uniform block,
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`waiting at each of its constituent layers for the entire I/O to be received before it could be
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`processed, virtualized, and/or forwarded along to a next layer. This bottlenecking problem
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`introduced significant latency into I/O processing. The inventions of the ’586 patent ameliorated
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`these bottlenecking and latency problems by processing I/Os as they were received, separating the
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`command processing aspects of an I/O from the data aspects (e.g., virtual data generation,
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`movement) of that I/O, and processing each in parallel, thereby enabling faster processing and
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`decreasing latency.
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`21.
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`On December 9, 2008, the PTO issued United States Patent No. 7,464,240 (“the
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`’240 patent”), titled HYBRID SOLID STATE DISK DRIVE WITH CONTROLLER. The ’240
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`patent is valid and enforceable. A copy of the ’240 patent is attached as Exhibit B.
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`22.
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`Intellectual Ventures II LLC is the owner and assignee of all rights, title and interest
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`in and to the ’240 patent, and holds all substantial rights therein, including the rights to grant
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`licenses, to exclude others, and to enforce and recover past damages for infringement of that patent.
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`23.
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`The inventions claimed in the ’240 patent were conceived by Jason Caulkins and
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`Michael Richard Beyer during their tenure at Cenatek, a company founded by Mr. Caulkins in
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`2000. Cenatek developed PCI-based solid-state disks and RAMDisk software. Cenatek was
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`acquired by Data Ram and Mr. Caulkins transferred into the role of Chief Technologist in 2008.
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`Data Ram, Inc., was an early innovator in volatile and non-volatile memory. Founded in the late
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`1960s, Data Ram began producing 16KB core memory systems for Digital Equipment
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`Corporation, and by 1976 had created the first solid-state drive. Soon Data Ram was producing
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`memory for DEC, Data General, and Sun Microsystems, among others. Mr. Caulkins, a prolific
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`inventor and entrepreneur, is currently employed by Dell EMC.
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`24.
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`The ’240 patent is directed to systems, methods and/or apparatus for high-speed
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`data storage and access. More particularly, the ’240 patent discloses a novel system and method
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`for use of and access to a hybrid SSD memory system, including both volatile and non-volatile
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`memory. The system is accessible through a controller that, among other things, controls writes
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`from the volatile to the non-volatile memory thus increasing IOPS, as well the life of SSD
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`hardware. As further disclosed in one embodiment of the ’240 patent, this is accomplished by an
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`ASIC controller, DRAM and SSD (e.g., flash) storage programmed in such a way so as to increase
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`I/O performance while minimizing unnecessary degradation of SSD media.
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`25.
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`On February 1, 2011, the PTO issued United States Patent No. 7,882,320 (“the ’320
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`patent”),
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`titled MULTI-PROCESSOR FLASH MEMORY STORAGE DEVICE AND
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`MANAGEMENT SYSTEM. The ’320 patent is valid and enforceable. A copy of the ’320 patent
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`is attached as Exhibit C.
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`26.
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`Intellectual Ventures II is the owner and assignee of all rights, title and interest in
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`and to the ’320 patent and holds all substantial rights therein, including the right to grant licenses,
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`to exclude others, and to enforce and recover past damages for infringement of the ’320 patent.
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`27.
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`The inventions claimed in the ’320 patent, which is related to the ’240 patent
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`discussed above, were similarly conceived by Jason Caulkins while working at Cenatek, a
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`company he founded in 2000. Cenatek developed PCI-based solid-state disks and RAMDisk
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`software. Cenatek was acquired by Data Ram and Mr. Caulkins transferred into the role of Chief
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`Technologist in 2008. Data Ram, Inc., was an early innovator in volatile and non-volatile memory.
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`Founded in the late 1960s, Data Ram began producing 16KB core memory systems for Digital
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`Equipment Corporation, and by 1976 had created the first solid-state drive. Soon Data Ram was
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`producing memory for DEC, Data General, and Sun Microsystems, among others. Mr. Caulkins,
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`a prolific inventor and entrepreneur, is currently employed by Dell EMC.
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`28.
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`The ’320 patent is also directed to systems and/or apparatus for data storage, access
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`and management. Specifically, the ’320 patent discloses a novel system and apparatus in the field
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`of data storage and mass storage systems which includes a processor-based data storage device
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`with both volatile and non-volatile memory that can be easily scaled up for multi-processor high-
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`performance write and read operations without the bottlenecks of prior art solutions.
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`29.
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`On August 17, 2004, the PTO issued United States Patent No. 6,779,082 (“the
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`’082 patent”), titled NETWORK-BASED DISK REDUNDANCY STORAGE SYSTEM AND
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`METHOD. The ’082 patent is valid and enforceable. A copy of the ’082 patent is attached as
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`Exhibit D.
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`30.
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`Intellectual Ventures I LLC is the owner and assignee of all rights, title and
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`interest in and to the ’082 patent, and holds all substantial rights therein, including the rights to
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`grant licenses, to exclude others, and to enforce and recover past damages for infringement of
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`that patent.
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`31.
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`The inventions claimed in the ’082 patent were conceived by, among others, first
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`named inventor Eric William Burger, an avid entrepreneur and computer scientist. Mr. Burger has
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`held various key positions within the telecommunications and networking industries, including
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`technology leaders such as MCI, BEA Systems, Neustar, Brooktrout, and Centigram
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`Communications. Mr. Burger is also the founder of SnowShore Networks and Cantata
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`Technology, and over the course of his career has generated $2 billion of shareholder wealth. Mr.
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`Burger is a named inventor on no less than ten issued patents and is currently a Research Professor
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`at Georgetown on detail serving in the White House Office of Science and Technology Policy.
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`32.
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`The ’082 patent is directed to systems, methods and/or apparatus for networked
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`computer data storage, and more specifically, to a highly available and distributed data storage
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`methodology, utilizing networked data storage units coupled to an object manager system that
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`controls the creation, access and replication of files associated with I/Os, so as to cost-effectively
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`allow for improved resiliency and scalability.
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`COUNT I
`(HPE’s Infringement of U.S. Patent No. 7,555,586)
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`33.
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`34.
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`Paragraphs 1-32 are reincorporated by reference as if fully set forth herein.
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`The inventions claimed in the ’586 patent, taken alone or in combination, were not
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`well-understood, routine or conventional to one of ordinary skill in the art at the time of the
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`invention. Rather, the ’586 patent claims and teaches, inter alia, an improved way to virtualize
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`data in storage environments by parallel processing command and data communications and
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`generating virtual data and forming virtual I/Os in an efficient manner. The inventions of the ’586
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`patent improved upon then existing I/O storage technology by avoiding the processing bottlenecks
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`and latencies of traditional systems that would wait at each of its constituent layers for an entire
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`I/O to be received before processing and forwarding it along to a next layer. The inventions did
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`so by processing I/Os as they were received, separating the command aspects of I/Os from the data
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`aspects, processing each in parallel, and ultimately accumulating virtual data to form virtual I/Os.
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`The inventions thus enable more efficient processing of I/Os, and avoid latencies and bottlenecks
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`found in traditional systems.
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`35.
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`The inventions represented a technical solution to an unsolved technological
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`problem. The written description of the ’586 patent describes, in technical detail, each of the
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`limitations in the claims, allowing a person of skill in the art to understand what those limitations
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`cover, and therefore what was claimed and also understand how the non-conventional and non-
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`generic ordered combination of the elements of the claims differ markedly from what had been
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`performed in the industry prior to the inventions of the ’586 patent. More specifically, the claims
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`of the ’586 patent recite methods and systems for separating and parallel processing command and
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`data communications and ultimately generating commands and virtual data as part of forming
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`virtual I/Os.
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`36.
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`The system covered by the asserted claims, therefore, differs markedly from the
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`prior systems in use at the time of this invention, which, inter alia, lacked the claimed combination
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`of separating and parallel processing command and data communications independently,
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`generating commands based on the command communication, and virtual data based upon the
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`generated commands, and ultimately accumulating virtual data to form a virtual I/O. Prior systems
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`introduced latencies and created bottlenecks in processing by requiring that an entire I/O be
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`received and processed as a single unit at each of their constituent layers before being forwarded
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`to the next layer, whereas the invention of the ’586 patent avoided such issues by separating and
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`parallel processing command and data portions of I/Os, thereby significantly improving the
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`performance of storage systems.
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`37.
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`The ’586 patent is drawn to solving a specific, technical problem arising in the
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`context of virtualized I/O storage environments. Consistent with the problem addressed being
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`rooted in complex computer processing and storage technology, the solutions disclosed in the ’586
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`patent consequently are also rooted in that same technology and cannot be performed with pen and
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`paper or in the human mind.
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`38.
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`HPE has directly infringed, and continues to directly infringe, literally and/or by
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`the doctrine of equivalents, individually and/or jointly, at least claim 1 of the ’586 patent by
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`making, using, testing, selling, offering for sale and/or importing into the United States products
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`and/or services covered by one or more claims of the ’586 patent. HPE’s products and/or services
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`that infringe the ’586 patent include, but are not limited to, HPE’s 3PAR StoreServ product
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`offerings, and any other HPE products and/or services, either alone or in combination, that operate
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`in substantially the same manner (together the “Accused ’586 Products”).
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`Claim 1 of the ’586 patent is reproduced below:
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`1. A method for data virtualization, comprising the steps of:
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`receiving communications;
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`separating a command communication from a data communication;
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`parallel processing
`communication;
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`the command communication and
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`the data
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`generating at least one command based on the command communication;
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`generating virtual data according to the at least one command;
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`accumulating the virtual data; and
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`forming a virtual I/O from the accumulated virtual data.
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`
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`39.
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`The Accused ’586 Products practice a method for data virtualization comprising
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`the steps detailed below. As one non-limiting example, the Accused ’586 Products include HPE
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`3PAR StoreServ product offerings that virtualize data in a storage environment:
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`
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`40.
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`Furthermore, the Accused ’586 Products practice the step of receiving
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`communications. For example, the HPE 3PAR StoreServ product offerings receive I/O messages,
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`command communications, data transfer communications, and other communications as part of
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`read and write requests from and to storage systems, as seen below:
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`
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`41.
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`The Accused ’586 Products practice the step of separating a command
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`communication from a data communication. For example, the HPE 3PAR StoreServ storage
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`controller node separates the processing of commands, such as SCSI control commands, from
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`communications regarding data movement. The 3PAR ASIC offloads data communication
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`processing from the control processor, as illustrated below:
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`42.
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`In addition, the Accused ’586 Products practice the step of parallel processing the
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`command communication and the data communication. For example, the HPE 3PAR StoreServ
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`system receives command communications and data communications, routes them onto separate
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`processing paths, and processes them in parallel with one another, as illustrated below:
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`Case 6:21-cv-00596—ADA Document 1 Filed 06/11/21 Page 15 of 65
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`Mixed-workload support
`Unlike legacy architectures that process IIO commands and move data using the same processor complex. the HP 3PAR
`StoreServ Storage controller node design separates the processing of SCSI control commands from data movement This
`allows trmsaction-intensive and throughput-intensive workloads to run on the same storage resources without contention.
`thereby supporting massive consolidation and multl-tenancy. This means that. for example. the system can easily handle
`an 0LTP application and an extremely bandwidth—construing data warehousing application concurrently with ease.
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`This capability is made possible by the HP 3PM! ASIC, which offloads data processing from the control processor. where
`metadata is processed. By pathing and processing data and metadata separately. transaction-intensive workloads are not
`held up behind throughput-intensive workloads. As a result, the HP 3PAR StoreServ Storage platform, as compared to the
`ASIC—less architectures of traditional storage vendors—including many 0f today's all-flash arrays-delivers excellent
`performance consistently. even in mixed-workload scenarios. Figure 8 illustrates the benefits of mixed-workload support.
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`
`
`Finn 0. HP 3PAR StoreServ Storage with mlxedwvorkload support
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`”WV PM!"
`workload ammo
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`I’ll processing: traditional storage
`
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`
`Disk
`
`"9"”m IIIall IOPS wait for largo IOPS to be processed
`workload OLVJfIt’U
`
`HOStS
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`IIO processing: "P am StoreServ Storage
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`worm-a! with"!!!
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`control information and data are bathed andW separately
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`h = data 0 = control informationlmetadata)
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`Control operations are handed as follows:
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`° mm the HP 3PAR StoreServ 20000 Storage system, control operations are processed by up to 16 high-performance
`Intel Quad-Core processors (for an 8-node HP 3PAR StoreServ 20800 Storage system).
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`- With the HP 3PAR StoreServ 7450c and 7440c Storage systems. control operations are handled by up to four
`Intel 8-core processors.
`
`.
`
`In the case of the HP 3PAR StoreServ 7400c Storage system. control operations are handled by up to four
`Intel Hexa-core processors.
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`' For the HP 3PAR StoreServ 7200c Storage system. control operations are handled by up to two lntel
`Hexa-core processors.
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`Data movement is handled as follows:
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`. For the HP 3PAR StoreServ 20000 Storage system, all data movement is handed by the specially designed HP 3PAR
`ASle (two per controller node).
`. For the HP 3PAR StoreServ 7200c. 7400c. 7440c, and 7450c Storage systems. all data movement is handed by the
`HP 3PAR ASICs (one per controller node).
`
`
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 16 of 65
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`43.
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`The Accused ’586 Products additionally practice the step of generating at least one
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`command based on the command communication. For example, the HPE 3PAR StoreServ system
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`generates commands based on the command information in an I/O message, including to create,
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`update, and maintain lookup tables and bitmaps that store pointers and indicate where data is
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`located and/or should be written as part of read and write operations, as shown below:
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`44.
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`The Accused ’586 Products additionally practice the step of generating virtual data
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`according to the at least one command. For example, the HPE 3PAR StoreServ product offerings
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`are based on fine-grained data virtualization that divides physical disks into granular allocation
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 17 of 65
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`units called chunklets, which can be dynamically organized and assigned to create logical disks
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`that are used to create (and are mapped to), virtual volumes. As part of this approach, I/Os are
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`processed and certain information therefrom is used as an index to the lookup tables which help
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`determine where the virtual data should be written to and/or read from, as shown below:
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 18 of 65
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`45.
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`The Accused ’586 Products additionally practice the steps of accumulating virtual
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`data and forming virtual I/Os from the accumulated virtual data. For example, the HPE 3PAR
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`StoreServ system caches all writes to virtual volumes in a controller node, accumulating the write
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`data and ensuring it is cached in the controller node before completing and acknowledging the
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`write operation to the host computer that requested it, while also enabling the merging of multiple
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`writes before proceeding with a virtual I/O operation. Also, for example, the HPE 3PAR StoreServ
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`system enables Fast RAID 5 and employs a write-back cache that allows sequential writes to be
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 19 of 65
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`collected until a full parity group can be written, thus accumulating virtual data and forming a
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`virtual I/O from the accumulated virtual data, as shown below:
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`46.
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`Additionally, HPE has been, and currently is, an active inducer of infringement of
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`the ’586 patent under 35 U.S.C. § 271(b) and a contributory infringer of the ’586 patent under 35
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`U.S.C. § 271(c).
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`47.
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`HPE has actively induced, and continues to actively induce, infringement of the
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`’586 patent by intending that others use, offer for sale, or sell in the United States, products and/or
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`services covered by one or more claims of the ’586 patent, including but not limited to HPE 3PAR
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`StoreServ product offerings, as well as any HPE product and/or service, alone or in combination,
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`that operates in materially the same manner. HPE provides these products and/or services to others,
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`such as customers, resellers and end-user customers, who, in turn, in accordance with HPE’s
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`19
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 20 of 65
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`design, intent and directions, use, provision for use, offer for sale, or sell in the United States the
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`foregoing products and/or services that directly infringe one or more claims of the ’586 patent as
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`described above. HPE’s inducement includes the directions and instructions found at one or more
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`of the following, the content of which is described in detail above:
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`- http://docs.media.bitpipe.com/io_12x/io_125180/item_1206898/HP%203PAR%20StoreS
`erv%20Architecture%20TWP%20JUN15%204AA3-3516ENW.pdf
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`- https://www.hpe.com/psnow/doc/4aa3-3516enw?jumpid=in_lit-psnow-red
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`- https://manualzz.com/doc/48051805/hpe-3par-command-line-interface-administrator-
`guide
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`- http://www.hp.com/hpinfo/newsroom/press_kits/2013/HPDiscoverBarcelona/3PAR_Stor
`eServ_Family_Brochure.pdf
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`48.
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`HPE has contributed to, and continues to contribute to, the infringement of the ’586
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`patent by others by knowingly providing one or more components that, when installed, configured
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`and used result in systems that as intended by HPE described above, directly infringe one or more
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`claims of the ’586 patent.
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`49.
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`HPE knew of the ’586 patent, or should have known of the ’586 patent, but was
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`willfully blind to its existence. Upon information and belief, HPE has had actual knowledge of
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`the ’586 patent since at least as early as the receipt of IV’s June 10, 2021 notice letter and service
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`upon HPE of this Complaint.
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`50.
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`By the time of trial, HPE will or should have known and intended (since receiving
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`such notice) that its continued actions would infringe and actively induce and contribute to the
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`infringement of one or more claims of the ’586 patent.
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`51.
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`HPE has committed, and continues to commit, contributory infringement by, inter
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`alia, knowingly selling products and/or services that when used cause the direct infringement of
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`one or more claims of the ’586 patent by a third party, and which have no substantial non-infringing
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`uses, or include one or more separate and distinct components such as software especially made
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`20
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`Case 6:21-cv-00596-ADA Document 1 Filed 06/11/21 Page 21 of 65
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`or adapted for use in infringement of the ’586 patent that are not staple articles or commodities of
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`commerce suitable for substantial non-infringing use.
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`COUNT II
`(HPE’s Infringement of U.S. Patent No. 7,464,240)
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`52.
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`53.
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`Paragraphs 1-51 are reincorporated by reference as if fully set forth herein.
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`The inventions claimed in the ’240 patent, taken alone or in combination, were not
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`well-understood, routine or conventional to one of ordinary skill in the art at the time of the
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`invention. Rather, the ’240 patent claims and teaches, inter alia, an improved way to access and
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`use both volatile and non-volatile memory to significantly increase IOPS and extend the life of
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`non-volatile, solid-state memory via a unique supervisory scheme and novel controller. The
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`inventions improved upon then ex