Clouding IP LLC v. Amazon.com Inc. et al

Filing 1

COMPLAINT FOR PATENT INFRINGEMENT filed with Jury Demand against Amazon Web Services LLC, Amazon.com Inc. - Magistrate Consent Notice to Pltf. ( Filing fee $ 350, receipt number 311-1078454.) - filed by STEC IP LLC. (Attachments: # 1 Exhibit A Part 1 of 2, # 2 Exhibit A Part 2 of 2, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F Part 1 of 2, # 8 Exhibit F Part 2 of 2, # 9 Exhibit G, # 10 Exhibit H, # 11 Exhibit I, # 12 Exhibit J, # 13 Exhibit K Part 1 of 2, # 14 Exhibit K Part 2 of 2, # 15 Civil Cover Sheet)(dmp, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
STEC IP, LLC,
Civil Action No. _________

Plaintiff,

JURY TRIAL DEMANDED

v.
AMAZON.COM, INC. and
AMAZON WEB SERVICES, LLC,
Defendants.

COMPLAINT FOR PATENT INFRINGEMENT
This is an action for patent infringement arising under the Patent Laws of the United
States of America, 35 U.S.C. § 1 et seq. in which Plaintiff STEC IP, LLC (“STEC”) makes the
following allegations against Defendants Amazon Web Services, LLC and Amazon.com, Inc.
(collectively “Amazon”):
PARTIES
1.

Plaintiff STEC IP, LLC is a Delaware limited liability company having a

principal place of business at 2 Terrace Way, Suite C, Greensboro, North Carolina 27403.
2.

On information and belief, Defendant Amazon.com, Inc. is a Delaware

corporation with its principal place of business at 10 Terry Avenue North, Seattle, Washington
98109. On information and belief, Amazon.com, Inc. may be served via its registered agent,
Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808.
3.

On information and belief, Defendant Amazon Web Services, LLC is a Delaware

limited liability company with its principal place of business at 10 Terry Avenue North, Seattle,
Washington 98109. On information and belief, Amazon Web Services, LLC may be served via
its registered agent, Corporation Service Company, 2711 Centerville Road, Suite 400,

Wilmington, Delaware 19808. On information and belief, Defendant Amazon Web Services,
LLC is a wholly owned subsidiary of Defendant Amazon.com, Inc.
JURISDICTION AND VENUE
4.

This action arises under the patent laws of the United States, Title 35 of the

United States Code. This Court has original subject matter jurisdiction pursuant to 28 U.S.C.
§§ 1331 and 1338(a).
5.

On information and belief, Amazon is subject to this Court's specific and general

personal jurisdiction pursuant to due process and/or the Delaware Long Arm Statute, due to
having availed itself of the rights and benefits of Delaware by incorporating under Delaware law
and due to its substantial business in this forum, including: (i) at least a portion of the
infringements alleged herein; and (ii) regularly doing or soliciting business, engaging in other
persistent courses of conduct, and/or deriving substantial revenue from goods and services
provided to individuals in Delaware and in this Judicial District.
6.

Venue is proper in this district under 28 U.S.C. §§ 1391(b), 1391(c) and 1400(b).

Amazon is incorporated in this district, and on information and belief, has transacted business in
this district and has committed and/or induced acts of patent infringement in this district.
COUNT I
INFRINGEMENT OF U.S. PATENT NO. 7,596,784
7.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-6 above, as if

fully set forth herein.
8.

Plaintiff STEC is the owner by assignment of United States Patent No. 7,596,784

(“the ’784 patent”) titled “Method System and Apparatus for Providing Pay-Per-Use Distributed
Computing Resources.” The ’784 patent was duly and legally issued by the United States Patent
and Trademark Office on September 29, 2009. STEC is the owner by assignment from
2

Symantec Corporation of the ’784 patent. A true and correct copy of the ’784 patent is included
as Exhibit A.
9.

Amazon makes, uses, sells, and offers for sale in the United States products

and/or services for cloud computing. On information and belief, at least some of Amazon’s
cloud computing products and/or services that provide or support pay-per-use cloud computing.
10.

On information and belief, Amazon has infringed and continues to infringe the

’784 patent by, among other things, making, using, offering for sale, and/or selling pay-per-use
cloud computing products and/or services patented under the ’784 patent. Such pay-per-use
cloud computing products and/or services include, by way of example and without limitation,
use of Amazon’s Elastic Compute Cloud, which is covered by one or more claims of the ’784
patent, including but not limited to claim 1. By making, using, offering for sale, and/or selling
pay-per-use cloud computing products and/or services patented under the ’784 patent, Amazon
has injured STEC and is liable to STEC for infringement of the ’784 patent pursuant to 35 U.S.C.
§ 271.
11.

As a result of Amazon’s infringement of the ’784 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT II
INFRINGEMENT OF U.S. PATENT NO. 7,065,637
12.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-11 above, as

if fully set forth herein.
13.

Plaintiff STEC is the owner by assignment of United States Patent No. 7,065,637

(“the ’637 patent”) titled “System for Configuration of Dynamic Computing Environments
3

Using a Visual Interface.” The ’637 patent was duly and legally issued by the United States
Patent and Trademark Office on June 20, 2006. STEC is the owner by assignment from
Symantec Corporation of the ’637 patent. A true and correct copy of the ’637 patent is included
as Exhibit B.
14.

Amazon makes, uses, sells, and offers for sale in the United States products

and/or services for cloud computing. On information and belief, at least some of Amazon’s
cloud computing products and/or services provide or support use of a visual interface to
configure cloud computing resources.
15.

On information and belief, Amazon has infringed and continues to infringe the

’637 patent by, among other things, making, using, offering for sale, and/or selling cloud
computing products and/or services covered by one or more claims of the ’637 patent. Such
cloud computing products and/or services include, by way of example and without limitation,
cloud computing products and/or services configurable through Amazon Elastic Compute Cloud,
which are covered by one or more claims of the ’637 patent, including but not limited to claim 1.
By making, using, offering for sale, and/or selling such products and services covered by one or
more claims of the ’637 patent, Amazon has injured STEC and is liable to STEC for
infringement of the ’637 patent pursuant to 35 U.S.C. § 271.
16.

As a result of Amazon’s infringement of the ’637 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.

4

COUNT III
INFRINGEMENT OF U.S. PATENT NO. 6,738,799
17.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-16 above, as

if fully set forth herein.
18.

Plaintiff STEC is the owner by assignment of United States Patent No. 6,738,799

(“the ’799 patent”) titled “Methods and Apparatuses for File Synchronization and Updating
Using a Signature List.” The ’799 patent was duly and legally issued by the United States Patent
and Trademark Office on May 18, 2004. STEC is the owner by assignment from Symantec
Corporation of the ’799 patent. A true and correct copy of the ’799 patent is included as Exhibit
C.
19.

Amazon makes, uses, sells, offers for sale, and/or imports into the United States

products and/or services that provide or support synchronization of files. On information and
belief, at least some of such products and/or services perform synchronization of files between
networked computers by providing updates.
20.

On information and belief, Amazon has infringed and continues to infringe the

’799 patent by, among other things, making, using, offering for sale, selling and/or importing
products and/or services into the United States that are covered by one or more claims of the
’799 patent. Such products and/or services include, by way of example and without limitation,
Amazon’s WhisperSync, the use of which is covered by one or more claims of the ‘799 patent,
including but not limited to claim 37. By making, using, offering for sale, selling and/or
importing into the United States such products and/or service that are covered by one or more
claims of the ’799 patent, Amazon has injured STEC and is liable to STEC for infringement of
the ’799 patent pursuant to 35 U.S.C. § 271.

5

21.

As a result of Amazon’s infringement of the ’799 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT IV
INFRINGEMENT OF U.S. PATENT NO. 5,944,839
22.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-21 above, as

if fully set forth herein.
23.

Plaintiff STEC is the owner by assignment of United States Patent No. 5,944,839

(“the ’839 patent”) titled “System and Method for Automatically Maintaining A Computer
System.” The ’839 patent was duly and legally issued by the United States Patent and
Trademark Office on August 31, 1999. STEC is the owner by assignment from Symantec
Corporation of the ’839 patent. A true and correct copy of the ’839 patent is included as Exhibit
D.
24.

Amazon makes, uses, sells, offers for sale, and/or imports in the United States

products and/or services for cloud computing. On information and belief, at least some of
Amazon’s products and/or services that provide or support performing health checks and elastic
load balancing.
25.

On information and belief, Amazon has infringed and continues to infringe the

’839 patent by, among other things, making, importing, using, offering for sale, and/or selling
products and/or services covered by one or more claims of the ’839 patent. Such products and/or
services include, by way of example and without limitation, Amazon Electronic Cloud Compute,
the use of which is covered by one or more claims of the ’839 patent, including but not limited to
claim 6. By making, using, offering for sale, and/or selling such products and/or services
6

covered by one or more claims of the ’839 patent, Amazon has injured STEC and is liable to
STEC for infringement of the ’839 patent pursuant to 35 U.S.C. § 271.
26.

As a result of Amazon’s infringement of the ’839 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT V
INFRINGEMENT OF U.S. PATENT NO. 5,825,891
27.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-26 above, as

if fully set forth herein.
28.

Plaintiff STEC is the owner by assignment of United States Patent No. 5,825,891

(“the ’891 patent”) titled “Key Management for Network Communication.” The ’891 patent was
duly and legally issued by the United States Patent and Trademark Office on October 20, 1998.
STEC is the owner by assignment from Symantec Corporation of the ’891 patent. A true and
correct copy of the ’891 patent is included as Exhibit E.
29.

Amazon makes, uses, sells and/or offers for sale in the United States products

and/or services that provide for or support establishing virtual private network (“VPN”) tunnels.
30.

On information and belief, Amazon has infringed and continues to infringe the

’891 patent by, among other things, using methods covered by one or more claims of the ’891
patent. Such methods include, by way of example and without limitation, use of Amazon Virtual
Private Cloud, which is covered by one or more claims of the ’891 patent, including but not
limited to claim 1. By using such methods covered by one or more claims of the ’891 patent,
Amazon has injured STEC and is liable to STEC for infringement of the ’891 patent pursuant to
35 U.S.C. § 271.
7

31.

As a result of Amazon’s infringement of the ’891 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT VI
INFRINGEMENT OF U.S. PATENT NO. 5,495,607
32.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-31 above, as

if fully set forth herein.
33.

Plaintiff STEC is the owner by assignment of United States Patent No. 5,495,607

(“the ’607 patent”) titled “Network Management System Having Virtual Catalog Overview of
Files Distributively Stored Across Network Domain.” The ’607 patent was duly and legally
issued by the United States Patent and Trademark Office on February 27, 1996. STEC is the
owner by assignment from Symantec Corporation of the ’607 patent. A true and correct copy of
the ’607 patent is included as Exhibit F.
34.

Amazon operates one or more server farms (comprising, inter alia, servers and

computers on a network) that are located in data centers in the United States. On information
and belief, Amazon’s one or more server farms provide and support cloud computing services,
including at least Amazon Elastic Compute Cloud service. On information and belief, Amazon
makes and/or uses a system for monitoring the health of at least some of Amazon’s servers and
computers over a network in its data centers.
35.

On information and belief, Amazon has infringed and continues to infringe the

’607 patent by, among other things, making, using, offering for sale, and/or selling systems, and
products and/or services related thereto, covered by one or more claims of the ’607 patent. Such
systems include, by way of example and without limitation, a system made and/or used by
8

Amazon to monitor the health of servers and computers running Amazon Elastic Computer
Cloud service, which is covered by one or more claims of the ’607 patent, including but not
limited to claim 9. By making, using, offering for sale, and/or selling such systems, and products
and/or services related thereto, covered by one or more claims of the ’607 patent, Amazon has
injured STEC and is liable to STEC for infringement of the ’607 patent pursuant to 35 U.S.C. §
271.
36.

As a result of Amazon’s infringement of the ’607 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT VII
INFRINGEMENT OF U.S. PATENT NO. 6,925,481
37.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-36 above, as

if fully set forth herein.
38.

Plaintiff STEC is the owner by assignment of United States Patent No. 6,925,481

(“the ’481 patent”) titled “Technique for Enabling Remote Data Access And Manipulation From
A Pervasive Device.” The ’481 patent was duly and legally issued by the United States Patent
and Trademark Office on August 2, 2005 STEC is the owner by assignment from Symantec
Corporation of the ’481 patent. A true and correct copy of the ’481 patent is included as Exhibit
G.
39.

Amazon makes, uses, sells, offers for sale, and/or imports products and/or

services in the United States that provide or support remote data access by a mobile device, such
as Amazon Cloud Drive and Kindle Store.

9

40.

On information and belief, Amazon has infringed and continues to infringe the

’481 patent by, among other things, making, using, offering for sale, selling and/or importing
products and/or services that are covered by one or more claims of the ’481 patent. Such
products and/or services include, by way of example and without limitation, Amazon Cloud
Drive and Kindle Store, which are covered by one or more claims of the ’481 patent, including
but not limited to claim 1. By making, using, offering for sale, and/or selling such products
and/or services covered by one or more claims of the ’481 patent, Amazon has injured STEC and
is liable to STEC for infringement of the ’481 patent pursuant to 35 U.S.C. § 271.
41.

As a result of Amazon’s infringement of the ’481 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT VIII
INFRINGEMENT OF U.S. PATENT NO. 7.254,621
42.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-41 above, as

if fully set forth herein.
43.

Plaintiff STEC is the owner by assignment of United States Patent No. 7,254,621

(“the ’621 patent”) titled “Technique for Enabling Remote Data Access And Manipulation From
A Pervasive Device.” The ’621 patent was duly and legally issued by the United States Patent
and Trademark Office on August 7, 2007 STEC is the owner by assignment from Symantec
Corporation of the ’621 patent. A true and correct copy of the ’621 patent is included as Exhibit
H.

10

44.

Amazon makes, uses, sells, offers for sale, and/or imports products and/or

services in the United States that provide or support remote data access by a mobile device, such
as Amazon Cloud Drive and Kindle Store.
45.

On information and belief, Amazon has infringed and continues to infringe the

’621 patent by, among other things, making, using, offering for sale, selling and/or importing
products and/or services that are covered by one or more claims of the ’621 patent. Such
products and/or services include, by way of example and without limitation, Amazon Cloud
Drive and Amazon Kindle Store, which are covered by one or more claims of the ’621 patent,
including but not limited to claim 1. By making, using, offering for sale, and/or selling such
products and/or services covered by one or more claims of the ’621 patent, Amazon has injured
STEC and is liable to STEC for infringement of the ’621 patent pursuant to 35 U.S.C. § 271.
46.

As a result of Amazon’s infringement of the ’621 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT IX
INFRINGEMENT OF U.S. PATENT NO. 6,631,449
47.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-46 above, as

if fully set forth herein.
48.

Plaintiff STEC is the owner by assignment of United States Patent No. 6,631,449

(“the ’449 patent”) titled “Dynamic Distributed Data System and Method.” The ’449 patent was
duly and legally issued by the United States Patent and Trademark Office on October 7, 2003.
STEC is the owner by assignment from Symantec Corporation of the ’449 patent. A true and
correct copy of the ’449 patent is included as Exhibit I.
11

49.

Amazon makes, uses, sells, and offers for sale in the United States products

and/or services for cloud computing. On information and belief, at least some of Amazon’s
cloud computing products and/or services, such as Amazon Elastic Compute Cloud, are provided
by servers using server-to-server communication and/or a gossip protocol.
50.

On information and belief, Amazon has infringed and continues to infringe the

’449 patent by, among other things, making, using, offering for sale, and/or selling cloud
computing products and/or services patented under the ’449 patent. Such cloud computing
products and/or services include, by way of example and without limitation, use of Amazon’s
Elastic Compute Cloud, which is covered by one or more claims of the ’449 patent, including but
not limited to claim 1. By making, using, offering for sale, and/or selling cloud computing
products and/or services patented under the ’449 patent, Amazon has injured STEC and is liable
to STEC for infringement of the ’449 patent pursuant to 35 U.S.C. § 271.
51.

As a result of Amazon’s infringement of the ’449 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT X
INFRINGEMENT OF U.S. PATENT NO. 6,918,014
52.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-51 above, as

if fully set forth herein.
53.

Plaintiff STEC is the owner by assignment of United States Patent No. 6,918,014

(“the ’014 patent”) titled “Dynamic Distributed Data System and Method.” The ’014 patent was
duly and legally issued by the United States Patent and Trademark Office on July 12, 2005.

12

STEC is the owner by assignment from Symantec Corporation of the ’014 patent. A true and
correct copy of the ’014 patent is included as Exhibit J.
54.

Amazon makes, uses, sells, and offers for sale in the United States products

and/or services for cloud computing. On information and belief, at least some of Amazon’s
cloud computing products and/or services, such as Amazon Elastic Compute Cloud, are provided
by servers using server-to-server communication and/or a gossip protocol.
55.

On information and belief, Amazon has infringed and continues to infringe the

’014 patent by, among other things, making, using, offering for sale, and/or selling cloud
computing products and/or services patented under the ’014 patent. Such cloud computing
products and/or services include, by way of example and without limitation, use of Amazon’s
Elastic Compute Cloud, which is covered by one or more claims of the ’014 patent, including but
not limited to claim 1. By making, using, offering for sale, and/or selling cloud computing
products and/or services patented under the ’014 patent, Amazon has injured STEC and is liable
to STEC for infringement of the ’014 patent pursuant to 35 U.S.C. § 271.
56.

As a result of Amazon’s infringement of the ’014 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
COUNT XI
INFRINGEMENT OF U.S. PATENT NO. 6,963,908
57.

Plaintiff STEC realleges and incorporates by reference paragraphs 1-56 above, as

if fully set forth herein.
58.

Plaintiff STEC is the owner by assignment of United States Patent No. 6,963,908

(“the ’908 patent”) titled “System for Transferring Customized Hardware and Software Settings
13

from One Computer to Another Computer to Provide Personalized Operating Environments.”
The ’908 patent was duly and legally issued by the United States Patent and Trademark Office
on November 8, 2005 STEC is the owner by assignment from Symantec Corporation of the ’908
patent. A true and correct copy of the ’908 patent is included as Exhibit K.
59.

Amazon makes, uses, sells, offers for sale, and/or imports products and/or

services in the United States that provide or support remote data access by a mobile device, such
as Amazon Cloud Drive.
60.

On information and belief, Amazon has infringed and continues to infringe the

’908 patent by, among other things, making, using, offering for sale, selling and/or importing
products and/or services that are covered by one or more claims of the ’908 patent. Such
products and/or services include, by way of example and without limitation, Amazon Cloud
Drive, the use of which is covered by one or more claims of the ’908 patent, including but not
limited to claim 1. By making, using, offering for sale, and/or selling such products and/or
services covered by one or more claims of the ’908 patent, Amazon has injured STEC and is
liable to STEC for infringement of the ’908 patent pursuant to 35 U.S.C. § 271.
61.

As a result of Amazon’s infringement of the ’908 patent, Plaintiff STEC has

suffered monetary damages in an amount adequate to compensate for Amazon’s infringement,
but in no event less than a reasonable royalty for the use made of the invention by Amazon,
together with interest and costs as fixed by the Court.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff STEC respectfully requests that this Court enter:
1.

A judgment in favor of Plaintiff that Amazon has infringed, either literally and/or

under the doctrine of equivalents, the ’784 patent, the ’637 patent, the ’799 patent, the ’839

14

patent, the ’891 patent, the ’607 patent, the ’481 patent, the ’621 patent, the ’449 patent, the ’014
patent and the ’908 patent;
2.

A judgment and order requiring Amazon to pay Plaintiff its damages, costs,

expenses, and pre-judgment and post-judgment interest as provided under 35 U.S.C. § 284 for
Defendants’ infringement of the ’784 patent, the ’637 patent, the ’799 patent, the ’839 patent, the
’891 patent, the ’607 patent, the ’481 patent, the ’621 patent, the ’449 patent, the ’014 patent and
the ’908 patent; and
3.

Any and all other relief as the Court may deem appropriate and just under the

circumstances.
DEMAND FOR JURY TRIAL
Plaintiff, under Rule 38 of the Federal Rules of Civil Procedure, requests a trial by jury of
any issues so triable by right.

15

Date: May 22, 2012

BAYARD, P.A.
/s/ Richard D. Kirk
Richard D. Kirk (rk0922)
Stephen B. Brauerman (sb4952)
Vanessa R. Tiradentes (vt5398)
222 Delaware Avenue, Suite 900
P.O. Box 25130
Wilmington, DE 19899
[phone]
[e-mail]
[e-mail]
[e-mail]

OF COUNSEL:
SNR DENTON US LLP
Mark L. Hogge
Shailendra K. Maheshwari
1301 K Street, NW, Suite 600, East Tower
Washington, DC 20005-3364
[phone]
[e-mail]
[e-mail]

Attorneys for Plaintiff STEC IP, LLC

16