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VERA M. ELSON (State Bar No. 156327) velson@wsgr.com CHRISTOPHER P. GREWE (State Bar No. 245938) cgrewe@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation 650 Page Mill Road Palo Alto, CA 94304 Telephone: (650) 493-9300 Facsimile: (650) 565-5100 PAUL M. MCADAMS (State Bar No. 276697) pmcadams@wsgr.com WILSON SONSINI GOODRICH & ROSATI Professional Corporation 633 West Fifth Street, 15th Floor Los Angeles, CA 90017 Telephone: (323) 210-2900 Facsimile: (866) 974-7329 Attorneys for Plaintiffs ALFRESCO SOFTWARE, INC., AND ALFRESCO SOFTWARE LTD., UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ALFRESCO SOFTWARE, INC., ALFRESCO SOFTWARE LTD., Plaintiffs, v. DATA SPEED TECHNOLOGY LLC, Defendant.

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CASE NO. COMPLAINT OF PLAINTIFFS ALFRESCRO SOFTWARE, INC. AND ALFRESCO SOFTWARE LTD. FOR DECLARATORY JUDGMENT OF NON-INFRINGEMENT

COMPLAINT FOR DECLARATORY JUDGMENT Plaintiffs Alfresco Software, Inc. and Alfresco Software Ltd. (Alfresco) hereby file this Complaint against Defendant Data Speed Technology LLC (Data Speed) on personal knowledge as to Alfrescos own actions, and on information and belief as to the actions of others, as follows:

COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

INTRODUCTION 1. Alfresco provides and maintains highly intuitive and innovative enterprise content

management software solutions for customers in the United States and abroad. On information and belief, declaratory judgment defendant Data Speed, on the other hand, is a non-practicing licensing entity whose sole purpose is to monetize the single patent-in-suit. 2. On February 2, 1999, the United States Patent and Trademark Office issued

United States Patent No. 5,867,686 (the 686 patent or the patent-in-suit) titled High Speed Real-Time Information Storage System. A true and correct copy of the 686 patent is attached to this Complaint as Exhibit A. 3. On August 17, 2013less than three months before the 686 patent expired

Data Speed filed a Complaint against Alfresco in the District of Delaware alleging that Alfresco infringes 686 patent. This case is pending as Data Speed Technology LLC v. Alfresco Software Ltd. et al., District of Delaware, Civil Action No. 1:13-cv-01443-SLR. In its Delaware Complaint, Data Speed asserts that it is the owner by assignment of the 686 patent. Alfresco contends, however, that Data Speeds Complaint filed in this Delaware action is fundamentally flawed because Data Speed lacked and continues to lack standing to assert the 686 patent, and therefore should not have brought and cannot maintain the patent infringement action it filed against Alfresco in Delaware. Accordingly, on October 10, 2013, Alfresco filed a motion to dismiss Data Speeds Delaware action for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). This motion is currently pending before Judge Robinson in Delaware with oral argument scheduled for January 16, 2014. 4. Alfresco does not believe that its products and/or services infringe the 686

patent. Accordingly, an actual controversy exists between Alfresco and Data Speed as to whether Alfresco infringes any claim of the 686 patent, as demonstrated by, for example, the Delaware action filed against Alfresco. Absent a declaration of non-infringement, Data Speed will continue to wrongfully assert the 686 patent against Alfresco.

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THE PARTIES Plaintiff Alfresco Software, Inc. is a Delaware corporation with its principal place

of business and headquarters at 825 S. Grant St., Suite 350, San Mateo, California 94402. 6. Plaintiff Alfresco Software Ltd. is a foreign corporation with its global

headquarters at Bridge Avenue, The Place, Maidenhead, SL6 1AF, United Kingdom. 7. company. JURISDICTION AND VENUE This is an action for declaratory judgment of non-infringement arising under the On information and belief, defendant Data Speed is a Delaware limited liability

patent laws of the United States, Title 35 of the United States Code. This Court has subject matter jurisdiction over this action under 28 U.S.C. 1331, 1338(a), 2201, and 2202. 9. This Court has personal jurisdiction over Data Speed because, inter alia, Data

Speed has sufficient minimum contacts with the State of California, including this district, such that this Court has both general and specific jurisdiction over Data Speed in view of, without limitation, the reasons set forth herein. 10. Data Speed Technology LLC was formed on April 1, 2013, and has engaged in

substantial, continuous and systematic activities within the State of California, including this district, since this date, as demonstrated by, inter alia, its extensive enforcement efforts of the 686 patent. Data Speed has intentionally attempted to interfere with business in this district by directing its enforcement efforts at numerous resident-companies. Data Speed has regularly conducted business in this district by offering the only product it has to offer as a nonpracticing entity to these resident-companies: a license to the 686 patent to terminate Data Speeds attempted interference with business in this district. 11. Data Speed purposefully directed its activities (e.g., enforcement efforts) towards

residents of the State of California and/or established the requisite contacts with the State of California. In addition, Alfrescos cause of action arises out of and/or results from Data Speeds contacts with the State of California because, inter alia, Alfrescos business in this district has been attempted to be interfered with as a result of Data Speeds enforcement efforts.
COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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12.

On April 12, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Cisco Systems Inc. asserting that the 686 patent is being infringed by Cisco Systems Inc. This case was pending as Data Speed Technology LLC v. Cisco Systems Inc., District of Delaware, Civil Action No. 1:13-cv-00615-SLR. On information and belief, Cisco Systems Inc. is a Delaware corporation with its principal place of business in this district at 170 West Tasman Drive, San Jose, California 95134. Thus, Cisco Systems Inc. is a resident of this district. On August 6, 2013, Data Speed and Cisco Systems Inc. filed a joint motion requesting that the court dismiss this case with prejudice resulting in dismissal with prejudice on August 9, 2013. 13. On April 12, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Hewlett-Packard Co. asserting that the 686 patent is being infringed by Hewlett-Packard Co. This case was pending as Data Speed Technology LLC v. HewlettPackard Co., District of Delaware, Civil Action No. 1:13-cv-00617-SLR. On information and belief, Hewlett-Packard Co. is a Delaware corporation with its principal place of business in this district at 3000 Hanover Street, Palo Alto, California 94304. Thus, Hewlett-Packard Co. is a resident of this district. On July 31, 2013, Data Speed and Hewlett-Packard Co. filed a joint motion requesting that the court dismiss this case with prejudice resulting in dismissal with prejudice on August 2, 2013. 14. On April 12, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Oracle Corp. asserting that the 686 patent is being infringed by Oracle Corp. This case was pending as Data Speed Technology LLC v. Oracle Corp., District of Delaware, Civil Action No. 1:13-cv-00622-SLR. On information and belief, Oracle Corp. is a Delaware corporation with its principal place of business in this district at 500 Oracle Parkway, Redwood Shores, California 94065. Thus, Oracle Corp. is a resident of this district. On August 6, 2013, Data Speed and Oracle Corp. filed a joint motion requesting that the court dismiss this case with prejudice resulting in dismissal with prejudice on August 9, 2013. 15. On April 12, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Zoho Corp. asserting that the 686 patent is being infringed by Zoho
COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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Corp. This case is pending as Data Speed Technology LLC v. Zoho Corp., District of Delaware, Civil Action No. 1:13-cv-00625-SLR. On information and belief, Zoho Corp. is a California corporation with its principal place of business in this district at 4900 Hopyard Road, Suite 310, Pleasanton, California 94588. Thus, Zoho Corp. is a resident of this district. 16. On June 10, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Adobe Systems Inc. asserting that the 686 patent is being infringed by Adobe Systems Inc. This case was pending as Data Speed Technology LLC v. Adobe Systems Inc., District of Delaware, Civil Action No. 1:13-cv-01049-SLR. On information and belief, Adobe Systems Inc. is a Delaware corporation with its principal place of business in this district at 345 Park Avenue, San Jose, California 95110. Thus, Adobe Systems Inc. is a resident of this district. On July 26, 2013, Data Speed and Adobe Systems Inc. filed a joint motion requesting that the court dismiss this case with prejudice resulting in dismissal with prejudice on August 1, 2013. 17. On June 10, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Fujitsu America Inc. asserting that the 686 patent is being infringed by Fujitsu America Inc. This case was pending as Data Speed Technology LLC v. Fujitsu America Inc., District of Delaware, Civil Action No. 1:13-cv-01051-SLR. On information and belief, Fujitsu America Inc. is a California corporation with its principal place of business in this district at 1250 East Arques Avenue, Sunnyvale, California 94085. Thus, Fujitsu America Inc. is a resident of this district. On July 26, 2013, Data Speed voluntarily dismissed this case with prejudice. 18. On August 17, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Box Inc. asserting that the 686 patent is being infringed by Box Inc. This case is pending as Data Speed Technology LLC v. Box Inc., District of Delaware, Civil Action No. 1:13-cv-01444-SLR. On information and belief, Box Inc. is a Delaware corporation with its principal place of business in this district at 4440 El Camino Real, Los Altos, California 94022. Thus, Box Inc. is a resident of this district.

COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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19.

On August 17, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against VMware Inc. asserting that the 686 patent is being infringed by VMware Inc. This case is pending as Data Speed Technology LLC v. VMware Inc., District of Delaware, Civil Action No. 1:13-cv-01451-SLR. On information and belief, VMware Inc. is a Delaware corporation with its principal place of business in this district at 3401 Hillview Avenue, Palo Alto, California 94304. Thus, VMware Inc. is a resident of this district. 20. On August 17, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Alfresco asserting that the 686 patent is being infringed by Alfresco. This case is pending as Data Speed Technology LLC v. Alfresco Software Ltd. et al., District of Delaware, Civil Action No. 1:13-cv-01443-SLR. Alfresco Software, Inc. is a Delaware corporation with its principal place of business and headquarters in this district at 825 S. Grant St., Suite 350, San Mateo, California 94402. Thus, Alfresco is a resident of this district. 21. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Autodesk, Inc. asserting that the 686 patent is being infringed by Autodesk, Inc. This case is pending as Data Speed Technology LLC v. Autodesk, Inc., District of Delaware, Civil Action No. 1:14-cv-00032-UNA. On information and belief, Autodesk, Inc. is a Delaware corporation with its principal place of business in this district at 111 McInnis Parkway, San Rafael, California 94903. Thus, Autodesk, Inc. is a resident of this district. 22. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Egnyte, Inc. asserting that the 686 patent is being infringed by Egnyte, Inc. This case is pending as Data Speed Technology LLC v. Egnyte, Inc., District of Delaware, Civil Action No. 1:14-cv-00033-UNA. On information and belief, Egnyte, Inc. is a Delaware corporation with its principal place of business in this district at 1890 N. Shoreline Blvd, First Floor, Mountain View, California 94043. Thus, Egnyte, Inc. is a resident of this district. 23. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Intuit, Inc. asserting that the 686 patent is being infringed by Intuit, Inc. This case is pending as Data Speed Technology LLC v. Intuit, Inc., District of Delaware,
COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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Civil Action No. 1:14-cv-00034-UNA. On information and belief, Intuit, Inc. is a Delaware corporation with its principal place of business in this district at 2700 Coast Avenue, Mountain View, California 94043. Thus, Intuit, Inc. is a resident of this district. 24. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against MindJet LLC asserting that the 686 patent is being infringed by MindJet LLC. This case is pending as Data Speed Technology LLC v. MindJet LLC, District of Delaware, Civil Action No. 1:14-cv-00035-UNA. On information and belief, MindJet LLC is a California corporation with its worldwide corporate headquarters and principal place of business in this district at 1160 Battery St., 4th Floor, San Francisco, California 94111. Thus, MindJet LLC is a resident of this district. 25. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Perforce Software Inc. asserting that the 686 patent is being infringed by Perforce Software Inc. This case is pending as Data Speed Technology LLC v. Perforce Software Inc., District of Delaware, Civil Action No. 1:14-cv-00036-UNA. On information and belief, Perforce Software Inc. is a California corporation with its principal place of business in this district at 2320 Blanding Avenue, Alameda, California 94501. Thus, Perforce Software Inc. is a resident of this district. 26. On January 14, 2014, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Saba Software, Inc. asserting that the 686 patent is being infringed by Saba Software, Inc. This case is pending as Data Speed Technology LLC v. Saba Software, Inc., District of Delaware, Civil Action No. 1:14-cv-00037-UNA. On information and belief, Saba Software, Inc. is a Delaware corporation with its corporate headquarters and principal place of business in this district at 2400 Bridge Parkway, Redwood Shores, California 94065. Thus, Saba Software, Inc. is a resident of this district. 27. Data Speed has conducted its enforcement efforts by and through its litigation

counsel and agents Dorian S. Berger, Marc A. Fenster, and Alexander C. D. Giza from the law firm of Russ August & Kabat P.C. (Litigation Counsel). Litigation Counsel only has California offices located at 12424 Wilshire Boulevard, 12th Floor, Los Angeles, California
COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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90025; and 5959 Topanga Canyon Boulevard, Suite 130, Woodland Hills, California 91367. On information and belief, from April 12, 2013 to present, Data Speed, through its Litigation Counsel, has filed 33 lawsuitssome of which being described aboveagainst 33 unrelated defendants asserting patent infringement of the 686 patent in the District of Delaware. 28. Data Speed, through its Litigation Counsel, has prosecuted 12 of these lawsuits

and continues to prosecute 15 of the remaining lawsuits filed before January 14, 2014 from California because, on information and belief, all or substantially all enforcement efforts of Litigation Counsel occurred from Litigation Counsels offices located in California. On information and belief, Litigation Counsel will also prosecute the 6 lawsuits filed on January 14, 2014 from California. On information and belief, Litigation Counsel have served as lead counsel in all 27 of the lawsuits filed before January 14, 2014, and have continuously prosecuted these actions from their offices in California. On information and belief, Litigation Counsel will serve as lead counsel in the 6 lawsuits filed on January 14, 2014, and will prosecute these actions from their offices in California. Litigation Counsel are members of the State Bar of California, and their enforcement activities are performed as California-licensed attorneys. Thus, Litigation Counsel are subject to the rules of professional conduct and other ethics rules of the State Bar of California. 29. On information and belief, Litigation Counsel have used public utilities, including

telephone, email, internet services, and electricity, in California to enforce the 686 patent against Alfresco and all other defendants to these 33 lawsuits. Among these 33 lawsuits, at least 15 involve a defendant having a principal place of business in this district, as set forth above. On information and belief, licensing negotiations, including but not limited to litigation negotiations and settlement activities, between Data Speed, through its Litigation Counsel, and Californiabased companies having residency in this district have taken place in this district. 30. In addition, Litigation Counsel have directed Data Speeds enforcement activities,

including communications relating thereto, to Alfrescos California-based lead counsel, which includes Vera M. Elson, Christopher G. Grewe, and Paul M. McAdams from Wilson Sonsini Goodrich & Rosati P.C. Ms. Elson and Mr. Grewe work from an office located in this district at
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650 Page Mill Road, Palo Alto, California 94304; and Mr. McAdams works from an office located at 633 West Fifth Street, 15th Floor, Los Angeles, California 90017. 31. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 and 1400(b)

because, inter alia, Data Speed is subject to personal jurisdiction in this district for at least the reasons set forth herein. NOTICE OF PENDENCY OF OTHER ACTION OR PROCEEDING (L.R. 3-13) 32. On August 17, 2013, Data Speed filed a Complaint for patent infringement in the

District of Delaware against Alfresco asserting that the 686 patent is being infringed by Alfresco. This case is pending as Data Speed Technology LLC v. Alfresco Software Ltd. et al., District of Delaware, Civil Action No. 1:13-cv-01443-SLR. Alfresco seeks declaratory judgment of non-infringement of the 686 patent. INTRADISTRICT ASSIGNMENT 33. Under Civil Local Rules 3-2(c) and 3-5, this action, being a declaratory judgment

action based on underlying patent claims, is appropriate for assignment on a district-wide basis. FIRST CLAIM FOR RELIEF (For Declaratory Judgment of Non-Infringement of the 686 Patent) 34. Alfresco repeats and re-alleges the allegations of the preceding paragraphs in this

Complaint as if fully set forth herein. 35. Upon information and belief, there exists an actual controversy as to infringement

by Alfresco of the 686 patent. Data Speed has previously filed suit against Alfresco, alleging infringement of the 686 patent even though Alfresco contends that Data Speed does not own all right, title and interest, and therefore lacks standing to assert, the 686 patent. Although that action is subject to Alfrescos motion to dismiss, Alfresco has a reasonable apprehension that it will be sued again by Data Speed in the event that Data Speed takes the position that it will be able to cure its current lack of standing to re-assert the 686 patent. 36. Contrary to Data Speeds allegations, Alfresco is not infringing, and has not

infringed, any claim of the 686 patent. Accordingly, Alfresco requests a judicial determination of its rights, duties, and obligations regarding the 686 patent.
COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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37.

To resolve the legal and factual questions raised by Data Speed, and to afford

relief from the uncertainty and controversy that Data Speeds accusations have precipitated, Alfresco is entitled to a declaratory judgment that it does not infringe any claim of the 686 patent. PRAYER FOR RELIEF WHEREFORE, Alfresco prays for judgment and relief as follows: a) b) A declaration that Alfresco does not infringe any claim of the 686 patent; An award to Alfresco of its attorney fees pursuant to 35 U.S.C. 285 because this

is an exceptional case; and c) circumstances. Dated: January 15, 2014 WILSON SONSINI GOODRICH & ROSATI Professional Corporation Such additional relief as the Court may deem appropriate and just under the

By: /s/ Vera M. Elson Vera M. Elson Attorneys for Plaintiffs ALFRESCO SOFTWARE, INC., AND ALFRESCO SOFTWARE LTD.

COMPLAINT FOR DECLARATORY JUDGMENT CASE NO.

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