Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 1 of 7
`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 1 of 7
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`EXHIBIT H
`EXHIBITH
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 2 of 7
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`UNITED STATES DISTRICT COURT
`DISTRICT OF MASSACHUSETTS
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`SimpliVity Corporation,
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`v.
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`Springpath, Inc.,
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`Plaintiff,
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`Defendant.
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`C.A. No. 4:15-cv-13345-TSH
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`JURY TRIAL DEMANDED
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`SECOND AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`(Pursuant to Agreement with Defendant to File Made January 29, 2016)
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`Plaintiff SimpliVity Corporation (“SimpliVity”) alleges against Defendant Springpath,
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`Inc. (“Springpath”) as follows:
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`1.
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`This is an action brought by SimpliVity, one of the fastest growing and innovative
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`companies in the data infrastructure industry, against Springpath, a competitor and recent startup
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`who is infringing upon SimpliVity’s patented technology to compete unfairly in the marketplace.
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`SimpliVity seeks a finding of patent infringement by Springpath, as well as relief from that
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`infringement.
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`JURISDICTION
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`2.
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`This action arises under the Patent Laws of the United States, 35 U.S.C. § 1, et seq. The
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`Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`3.
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`This Court has personal jurisdiction over Springpath at least because it sells and/or offers
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`to sell
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`its infringing product nationwide, including in Massachusetts. Springpath’s Vice
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`President of Sales is located in the Boston, Massachusetts area. Springpath targets customers in
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 3 of 7
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`this forum expressly. For example, Springpath is promoting its participation in the upcoming
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`VMUG Boston conference.
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`4.
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`Springpath has established minimum contacts with this forum such that the exercise of
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`jurisdiction over Springpath would not offend traditional notions of fair play and substantial
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`justice.
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`VENUE
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. §§ 1391(b) and (c), and 28
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`U.S.C. § 1400(b) because Springpath is subject to personal jurisdiction in this district.
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`SimpliVity:
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`PARTIES
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`6.
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`Plaintiff SimpliVity is a Delaware corporation with its principal place of business located
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`at 8 Technology Drive in Westborough, Massachusetts.
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`7.
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`Today, SimpliVity has over 700 employees, about 300 of which work at SimpliVity’s
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`Massachusetts headquarters.
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`8.
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`SimpliVity was founded in 2009.
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`Its founders recognized, ahead of the curve, that
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`technology for modern data centers was growing increasingly—and excessively—costly and
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`complex. Accordingly, SimpliVity adopted a forward-looking strategy to create and deliver
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`technology that would address the existing technology problems. The strategy included
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`technology for storing and processing data; enhancing data-management efficiency; streamlining
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`data operations; and improving physical storage hardware setup. A team of dozens of engineers,
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`solution architects, and executives invested significant financial resources and over three-and-a-
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`half years of research and development to create SimpliVity’s hyperconvergence technology,
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`which is embodied in SimpliVity’s OmniStack Data Virtualization Platform Software.
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`SimpliVity’s products addressed technology shortcomings by converging the functionalities of
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 4 of 7
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`25.
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`In his presentation, Mr. Mahaligham did not identify any non-infringing use of
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`Springpath’s Data Platform product. Indeed, there is no known use of Springpath’s Data
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`Platform product that does not infringe the ’799 patent through, for example, the product’s use of
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`fingerprints, objects, and object stores.
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`26.
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`In explaining Springpath’s Data Platform, Mr. Mahalingam described the product’s use
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`of objects and object stores and that use is confirmed by Springpath data sheets (e.g., Ex. B):
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`FIGURE 4
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`THE HALO STACK
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`HALO ARCHITECTURE
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`Incoming Data
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`Data Distribution
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`Data caching
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`Data Persistence
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`----------------...
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`Data Optimization
`In-line De-duplication
`In-line Compression
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`Log Structured Distribute, Object Store
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`Data
`Services
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`snapshots
`Clones
`P- _,.up
`DR
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`THE PATENT-IN-SUIT
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`27.
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`U.S. Patent No. 8,478,799 (“the ’799 patent”) entitled “Namespace File System
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`Accessing an Object Store,” was duly and legally issued to SimpliVity on July 2, 2013. A true
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`and correct copy of the ’799 patent is attached as Exhibit A.
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`28.
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`SimpliVity is the sole holder of all right, title, and interest in the ’799 patent, including all
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`rights to obtain equitable relief or damages for past or present infringement; all rights to prevent
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`others from making, having made, using, offering for sale, or selling products or services
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`covered by such patents; and all rights to enforce the ’799 patent with respect to Springpath.
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`29.
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`In the data storage industry, novel technologies are frequently patented. Companies such
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`as Springpath that are new to the market and that closely investigate their competitor’s products,
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 5 of 7
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`can readily search for the competitor’s published patent applications and issued patents. These
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`documents provide important technical information.
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`30.
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`The application that issued as the ’799 patent was published on January 27, 2011, and
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`would have been found through basic searching through sites like USPTO.gov. The ’799 patent
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`issued July 2, 2013, which means the issued patent would have been easily found through sites
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`like USPTO.gov and Google Patents.
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`31.
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`Given a reasonable opportunity for discovery, SimpliVity expects to find evidentiary
`Given a reasonable opportunity for discovery, SimpliVity expects to find evidentiary
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`support that Springpath researched SimpliVity’s patents, including the ’799 patent, to learn about
`support that Springpath researched SimpliVity’s patents, including the ’799 patent, to learn about
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`SimpliVity’s technology. Such a finding would be consistent with Springpath’s other
`SimpliVity’s technology. Such a finding would be consistent with Springpath’s other
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`investigations of SimpliVity technology. This patent research resulted in Springpath’s pre-suit
`investigations of SimpliVity technology. This patent research resulted in Springpath’s pre-suit
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`knowledge of SimpliVity’s ’799 patent.
`knowledge of SimpliVity’s ’799 patent.
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`32.
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`Claim 1 of the ’799 patent reads as follows:
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`A computer file system for naming and storing of files on one or more
`computer storage devices, the system comprising:
`a namespace file system accessing an object store, the system including a
`memory and a hardware processor in communication with the
`memory, the processor for executing program instructions for
`accessing the object store using object fingerprints, the object store
`holding files, data and metadata as objects, each object having a
`globally unique object fingerprint derived from the content of the
`object and used to access the object store, wherein:
`each file object comprising a mapping of object fingerprints for the data
`objects or metadata objects of the file and the file object having its
`own object fingerprint derived from the fingerprints of the objects in
`the file, and wherein the object store further includes:
`an inode map object comprising a mapping of file system inode numbers
`and object fingerprints enabling the inode numbers to stay constant
`while the object fingerprints change as the file content changes; and
`directory objects, each directory object comprising a mapping of inode
`numbers and file names;
`wherein each of the inode map object and directory object has its own
`object fingerprint derived from the content of the respective object.
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 6 of 7
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`e)
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`That this Court determine that this patent infringement case is exceptional
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`pursuant to 35 U.S.C. §§ 284 and 285 and award SimpliVity its costs and attorneys’ fees
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`incurred in this action;
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`f)
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`g)
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`That this Court permanently enjoin Springpath from infringing the ’799 patent;
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`That this Court order Springpath to:
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`(i)
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`recall and collect from all persons and entities that have purchased
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`any and all products found to infringe the ’799 patent that were
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`made, offered for sale, sold, or otherwise distributed in the United
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`States by Springpath or anyone acting on its behalf;
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`destroy or deliver all such infringing products to SimpliVity;
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`revoke all licenses to all such infringing products;
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`disable all web pages offering or advertising all such infringing
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`(ii)
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`(iii)
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`(iv)
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`products;
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`(v)
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`destroy all other marketing materials relating to all such infringing
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`products; and
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`(vi)
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`destroy all infringing software that exists on hosted systems.
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`h)
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`That this Court, if it declines to enjoin Springpath from infringing the ’799 patent,
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`award damages for future infringement in lieu of an injunction; and
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`i)
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`That this Court award such other relief as the Court deems just and proper.
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`DEMAND FOR JURY TRIAL
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`SimpliVity respectfully requests a trial by jury on all issues triable thereby.
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`Case 6:22-cv-00031-ADA Document 115-5 Filed 04/26/23 Page 7 of 7
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`February 5, 2016
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`Respectfully submitted,
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`/s/ Sarah J. Guske
`
`Wayne Stacy (pro hac vice)
`Sarah J. Guske (pro hac vice)
`COOLEY LLP
`380 Interlocken Crescent, Suite 900
`Broomfield, CO 80021-8023
`(720)-566-4000
`wstacy@cooley.com
`sguske@cooley.com
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`Michael N. Sheetz (#548776)
`Adam Gershenson (#671296)
`COOLEY LLP
`500 Boylston Street
`Boston, MA 02116-3736
`(617) 937-2300
`msheetz@cooley.com
`agershenson@cooley.com
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`ATTORNEYS FOR PLAINTIFF SIMPLIVITY
`CORPORATION
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`-21-
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