Centripetal Networks, Inc. v. Cisco Systems, Inc.

AMENDED COMPLAINT against Cisco Systems, Inc., filed by Centripetal Networks, Inc.

Eastern District of Virginia, vaed-2:2018-cv-00094

Current View

Full Text

84 PageID# 1419 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION CENTRIPETAL NETWORKS, INC.,)) Plaintiff,) No. 2:18-CV-00094-MSD-LRL) vs.)) JURY TRIAL DEMANDED CISCO SYSTEMS, INC.,)) Defendant.)) AMENDED COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Centripetal Networks, Inc. ("Centripetal") files this Complaint for Patent Infringement and Demand for Jury Trial against Cisco Systems, Inc. ("Defendant" or "Cisco") and allege as follows: THE PARTIES 1. Plaintiff Centripetal is a corporation organized under the laws of the state of Delaware with its principal place of business at 2251 Corporate Park Drive, Suite 150, Herndon, Virginia 20171. Centripetal was founded with a strong focus on innovation and technology leadership that aligns to its core mission and purpose to protect networks from advanced threats. Centripetal has invented core networking technologies that meet the scale of the cyber threat intelligence challenge. Centripetal maintains the largest threat intelligence partner ecosystem, providing community based solutions to defeat sophisticated cyberattacks. In recognition of its innovation and expertise, Centripetal has been awarded numerous patents enabling its key technological advances in the network security area. 1 84 PageID# 1420 2. Cisco is a California Corporation with its principal place of business at 170 West Tasman Drive, San Jose, California 95134. Cisco may be served through its agent for service of process CSC at 2710 Gateway Oaks Dr. Ste. 150N, Sacramento, California 95833. Cisco maintains a regular and established place of business in this District through multiple permanent physical facilities. Cisco maintains a Technical Support Center located at 1051 East Cary Street 5th Floor, Richmond, Virginia 23219. Cisco also maintains the Cisco Systems Customer Experience Center located at 13600 Dulles Technology Drive Building #6, Wilson Building, Herndon, VA 20171. Further, Cisco also maintains another permanent facility located at 1860 Michael Faraday Drive #100, Reston, VA 20190. 3. Cisco regularly conducts and transacts business in Virginia, throughout the United States, and within the Eastern District of Virginia, and as set forth below, has committed and continues to commit, tortious acts of patent infringement within and outside of Virginia and within the Eastern District of Virginia. Further, Cisco directly or indirectly uses, distributes, markets, sells, and/or offer to sells throughout the United States, including in this judicial district, various telecommunication products, including networking switches, routers, and cloud products. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the patent laws of the United States, Title 35, United States Code. This Court has exclusive subject matter jurisdiction over this case for patent infringement under 28 U.S.C. § 1338. 5. This Court has personal jurisdiction over Cisco. Cisco has conducted and does conduct business within the State of Virginia. Cisco maintains a regular and established place of business in this District through a permanent physical facility located at 1051 East Cary 2 84 PageID# 1421 Street 5th Floor, Richmond, Virginia 23219. Cisco, directly or through subsidiaries or intermediaries (including distributors, retailers, and others), ships, distributes, offers for sale, sells, and advertises (including the provision of an interactive web page) their products and/or services in the United States, the State of Virginia, and the Eastern District of Virginia. Cisco, directly and through subsidiaries or intermediaries (including distributors, retailers, and others), has purposefully and voluntarily placed one or more of their infringing products and/or services, as described below, into the stream of commerce with the expectation that they will be purchased and used by consumers in the Eastern District of Virginia. These infringing products and/or services have been and continue to be purchased and used by consumers in the Eastern District of Virginia. Cisco has committed acts of patent infringement within the State of Virginia and, more particularly, within the Eastern District of Virginia. 6. Venue is proper in the Eastern District of Virginia under 28 U.S.C. §§ 1391 and 1400(b). Cisco has transacted business in this District, and has directly committed acts of patent infringement in this District, and has a regular and established place of business in this District. Cisco maintains several regular and established place of business in this District described above. Centripetal is informed and believes that Cisco employs a number of personnel in this District, including personnel involved in Cisco's infringement by at least through the testing, demonstration, support, use, offer for sale, and sale of the accused products and services within Virginia. CENTRIPETAL'S INNOVATIONS 7. Centripetal was founded in 2009. Centripetal is the forerunner in developing cybersecurity technologies capable of fully operationalizing and automating threat intelligence at scale. These technologies protect organizations form advanced threats by extrapolating 3 84 PageID# 1422 every and any threat intelligence feed and applying advanced packet filtering at the network edge to prevent unwanted traffic from hitting an organization's network. Centripetal has been awarded, and continues to prosecute, numerous patents covering innovations in the United States and around the world resulting directly from Centripetal's research and development efforts. 8. Centripetal built and sold software and appliances for network security using these patented technologies. Centripetal's CleanINTERNET® solution utilizes its patented Threat Intelligence Gateway, which allows organizations to eradicate threats based on threat intelligence enforcement and furthermore, focuses on investigating the 10% of unknown threats. 9. Centripetal's Threat Intelligence Gateway includes the RuleGATE 2000 Gateway series, which "are ultra-high performance threat intelligence gateways with real-time attack visualization and analytics." See Centripetal RuleGATE Service Datasheet, available at https://cdn2.hubspot.net/hubfs/3851017/Centripetal_Networks_September2017/PDF/CNI- RuleGATE2000-V0-2.pdf?t=1518206754723, attached hereto as Exhibit 1. 4 84 PageID# 1423 10. Centripetal is recognized as an innovative technology company. Centripetal was named the SINET 16 Innovator for 2017 at the SINET Showcase in Washington D.C. Gartner, the world's leading research and advisory company, recognized Centripetal as a Cool Vendor in Security for Technology and Service Providers in 2017. CENTRIPETAL'S ASSERTED PATENTS 11. On July 20, 2017, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,686,193 (the "'193 Patent"), entitled "Filtering Network Data Transfers." A true and correct copy of the '193 Patent is attached hereto as Exhibit 2. 12. The '193 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from network threats. One of the ways this is accomplished is filtering network data packet transfers based on one or more rules to facilitate the protection of computers and networks from network threats. 13. On January 31, 2017, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,560,176 (the "'176 Patent"), entitled "Correlating Packets in Communications Networks." A true and correct copy of the '176 Patent is attached hereto as Exhibit 3. 14. The '176 Patent is generally directed towards computer networks, and more particularly, provides a system to improve the flow of data packets transferring between networks. One of the ways this is accomplished is generating log entries corresponding to the data packets and utilizing the log entries and the packets to correlate the packets transferred between the networks. 15. On January 31, 2017, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,560,077 (the "'077 Patent"), entitled "Methods and Systems 5 84 PageID# 1424 for Protecting a Secured Network." A true and correct copy of the '077 Patent is attached hereto as Exhibit 4. 16. The '077 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from attacks. One of the ways this is accomplished is filtering network data packet transfers based on dynamic security policies to facilitate the protection of computers and networks from network threats. 17. On August 9, 2016, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,413,722 (the "'722 Patent"), entitled "Rule-Based Network- Threat Detection." A true and correct copy of the '722 Patent is attached hereto as Exhibit 5. 18. The '722 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from network threats. One of the ways this is accomplished is filtering network data packet transfers based on one or more rules corresponding to one or more network-threat indicators to facilitate the protection of computers and networks from network threats. 19. On December 1, 2015, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,203,806 (the "'806 Patent"), entitled "Rule Swapping in a Packet Network." A true and correct copy of the '806 Patent is attached hereto as Exhibit 6. 20. The '806 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from network threats. One of the ways this is accomplished is processing network data packet transfers based on one or more rule sets to facilitate the protection of computers and networks from network threats. 21. On October 13, 2015, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,160,713 (the " '713 Patent"), entitled "Filtering 6 84 PageID# 1425 Network Data Transfers." A true and correct copy of the '713 Patent is attached hereto as Exhibit 7. 22. The '713 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from network threats. One of the ways this is accomplished is filtering network data packet transfers based on one or more rules to facilitate the protection of computers and networks from network threats. 23. On September 1, 2015, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,124,552 (the "'552 Patent"), entitled "Filtering Network Data Transfers." A true and correct copy of the '552 Patent is attached hereto as Exhibit 8. 24. The '552 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from network threats. One of the ways this is accomplished is filtering network data packet transfers based on one or more rules to facilitate the protection of computers and networks from network threats. 25. On February 7, 2017, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,565,213 (the "'213 Patent"), entitled "Methods and Systems for Protecting a Secured Network." A true and correct copy of the '213 Patent is attached hereto as Exhibit 9. 26. The '213 Patent is generally directed towards computer networks, and more particularly, provides a system to protect computer networks from attacks. One of the ways this is accomplished is filtering network data packet transfers based on dynamic security policies to facilitate the protection of computers and networks from network threats. 27. On September 15, 2015, the United States Patent and Trademark Office duly and legally issued U.S. Patent No. 9,137,205 (the " '205 Patent"), entitled "Methods and 7 84 PageID# 1426 Systems for Protecting a Secured Network.