Case 1:11-cv-00484-UNA Document 1

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE RIVERBED TECHNOLOGY, INC., Plaintiff, v. SILVER PEAK SYSTEMS, INC., Defendant. ) ) ) ) ) ) ) ) )

C.A. No. DEMAND FOR JURY TRIAL

COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Riverbed Technology, Inc. (Riverbed) alleges for its complaint against Defendant Silver Peak Systems, Inc. (Silver Peak) as follows: NATURE OF THE ACTION 1. This is an action for patent infringement. PARTIES 2. Riverbed is a corporation organized and existing under the laws of

Delaware, having its principal place of business at 199 Fremont Street, San Francisco, CA 94105. 3. On information and belief, Silver Peak is a corporation organized and

existing under the laws of Delaware, having its principal place of business at 4500 Great America Parkway, Suite 100, Santa Clara, CA 95054. JURISDICTION AND VENUE 4. This is an action for patent infringement arising under the Patent Laws of

the United States, 35 U.S.C. 1 et seq. 5. and 1338(a). This Court has subject matter jurisdiction pursuant to 28 U.S.C. 1331

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6.

This Court has specific and general personal jurisdiction because, on

information and belief, Silver Peak is organized and exists under the laws of Delaware; has transacted business in this judicial district; has derived substantial revenue from goods and services provided to individuals in this judicial district; and has committed, contributed to and/or induced acts of patent infringement in this judicial district. 7. and 1400(b). THE PATENTS 8. Riverbed owns all right, title and interest in U.S. Patent Nos. 7,428,573 Venue is proper in this district pursuant to 28 U.S.C. 1391(b), 1391(c)

entitled TRANSACTION ACCELERATOR FOR CLIENT-SERVER COMMUNICATION SYSTEMS (the 573 patent); 7,849,134 entitled TRANSACTION ACCELERATOR FOR CLIENT-SERVER COMMUNICATIONS SYSTEMS (the 134 patent); 7,853,699 entitled RULES-BASED TRANSACTION PREFETCHING USING CONNECTION END-POINT PROXIES (the 699 patent); and 7,953,869 entitled COOPERATIVE PROXY AUTODISCOVERY AND CONNECTION INTERCEPTION (the 869 patent). True and complete copies of these patents are attached hereto as Exhibits 1-4. COUNT I INFRINGEMENT OF THE 573 PATENT 9. 10. Paragraphs 1-8 are incorporated herein by reference. Silver Peak has been and is now directly and/or indirectly infringing, by

way of inducing the infringement of and/or contributing to the infringement of, the 573 patent in this judicial district and elsewhere within the United States by, among other things, making, using, licensing, selling, offering for sale, importing, and/or inducing its customers to use 2

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products, including Silver Peaks NX, VX and VRX appliances, and related services covered by the 573 patent, all to the injury of Riverbed. 11. Silver Peak has actual or constructive knowledge of the 573 patent and of

its infringement and is willfully infringing the 573 patent. 12. Riverbed has been damaged by Silver Peaks infringement of the 573

patent, has been irreparably harmed by that infringement, and will suffer additional damages and irreparable harm unless this Court enjoins Silver Peak from further infringement. COUNT II INFRINGEMENT OF THE 134 PATENT 13. 14. Paragraphs 1-12 are incorporated herein by reference. Silver Peak has been and is now directly and/or indirectly infringing, by

way of inducing the infringement of and/or contributing to the infringement of, the 134 patent in this judicial district and elsewhere within the United States by, among other things, making, using, licensing, selling, offering for sale, importing, and/or inducing its customers to use products, including Silver Peaks NX, VX and VRX appliances, and related services covered by the 134 patent, all to the injury of Riverbed. 15. Silver Peak has actual or constructive knowledge of the 134 patent and of

its infringement and is willfully infringing the 134 patent. 16. Riverbed has been damaged by Silver Peaks infringement of the 134

patent, has been irreparably harmed by that infringement, and will suffer additional damages and irreparable harm unless this Court enjoins Silver Peak from further infringement.

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COUNT III INFRINGEMENT OF THE 699 PATENT 17. 18. Paragraphs 1-16 are incorporated herein by reference. Silver Peak has been and is now directly and/or indirectly infringing, by

way of inducing the infringement of and/or contributing to the infringement of, the 699 patent in this judicial district and elsewhere within the United States by, among other things, making, using, licensing, selling, offering for sale, importing, and/or inducing its customers to use products, including Silver Peaks NX, VX and VRX appliances, and related services covered by the 699 patent, all to the injury of Riverbed. 19. Silver Peak has actual or constructive knowledge of the 699 patent and of

its infringement and is willfully infringing the 699 patent. 20. Riverbed has been damaged by Silver Peaks infringement of the 699

patent, has been irreparably harmed by that infringement, and will suffer additional damages and irreparable harm unless this Court enjoins Silver Peak from further infringement. COUNT IV INFRINGEMENT OF THE 869 PATENT 21. 22. Paragraphs 1-20 are incorporated herein by reference. Silver Peak has been and is now directly and/or indirectly infringing, by

way of inducing the infringement of and/or contributing to the infringement of, the 869 patent in this judicial district and elsewhere within the United States by, among other things, making, using, licensing, selling, offering for sale, importing, and/or inducing its customers to use products, including Silver Peaks NX, VX and VRX appliances, and related services covered by the 869 patent, all to the injury of Riverbed. 4

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23.

Silver Peak has actual or constructive knowledge of the 869 patent and of

its infringement and is willfully infringing the 869 patent. 24. Riverbed has been damaged by Silver Peaks infringement of the 869

patent, has been irreparably harmed by that infringement, and will suffer additional damages and irreparable harm unless this Court enjoins Silver Peak from further infringement. PRAYER FOR RELIEF WHEREFORE, Riverbed prays that judgment be entered in its favor, that: (a) patents; (b) been and is willful; (c) Silver Peak be preliminarily and permanently enjoined, along with its Silver Peaks infringement of the 573, 134, 699 and 869 patents has Silver Peak has infringed and is infringing the 573, 134, 699 and 869

officers, directors, agents, employees, attorneys, parents, subsidiaries, and all others acting by or through Silver Peak, controlled by Silver Peak, or acting in concert or participating with Silver Peak, from further infringing the 573, 134, 699 and 869 patents; (d) Silver Peak account to Riverbed for damages adequate to compensate for

Silver Peaks infringement of the 573, 134, 699 and 869 patents and that such damages be awarded to Riverbed, including prejudgment and postjudgment interest; (e) Riverbeds damages be trebled as a result of Silver Peaks willful

infringement of the 573, 134, 699 and 869 patents; (f) This case be adjudged an exceptional case under 35 U.S.C. 285 and that

the Court award Riverbed its costs, expenses and attorneys fees incurred in bringing and prosecuting this action; and 5

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(g) just and proper.

Riverbed be awarded such further and additional relief as the Court deems

JURY DEMAND Riverbed hereby demands a trial by jury on all issues so triable. MORRIS, NICHOLS, ARSHT & TUNNELL LLP

/s/ Thomas C. Grimm

OF COUNSEL: Matthew B. Lehr (#2370) Anthony I. Fenwick Chung G. Suh Jeremy Brodsky DAVIS POLK & WARDWELL LLP 1600 El Camino Real Menlo Park, CA 94025 (650) 752-2000 June 1, 2011
4290889

______________________________________ Thomas C. Grimm (#1098) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 tgrimm@mnat.com Attorneys for Plaintiff