Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 1 of 118 1 2 3 4 5 6 7 8 9 COOLEY LLP HEIDI L. KEEFE (178960) (hkeefe@cooley.com) MARK R. WEINSTEIN (193043) (mweinstein@cooley.com) MATTHEW J. BRIGHAM (191428) (mbrigham@cooley.com) LOWELL D. MEAD (223989) (lmead@cooley.com) 3175 Hanover Street Palo Alto, CA 94304-1130 Telephone: (650) 843-5000 Facsimile: (650) 849-7400 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 Attorneys for Plaintiff FACEBOOK, INC. 10 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 11 12 13 14 15 16 Case No. 18-5434 FACEBOOK, INC., a Delaware corporation, Plaintiff, COMPLAINT FOR PATENT INFRINGEMENT v. BLACKBERRY LIMITED, a Canadian corporation, and BLACKBERRY CORPORATION, 18 a Delaware corporation, 17 JURY TRIAL DEMANDED Defendants. 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 1 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 2 of 118 COMPLAINT FOR PATENT INFRINGEMENT 1 2 1. Plaintiff Facebook, (“Facebook”) Limited submits (“BlackBerry the following 3 Complaint against 4 BlackBerry Corporation (“BlackBerry Corp.”) (collectively, “BlackBerry”): Ltd.”) and NATURE OF THE ACTION 5 6 BlackBerry Inc. 2. Facebook brings this action against BlackBerry for infringement of 7 U.S. Patent No. 8,429,231 (“’231 patent”), U.S. Patent No. 7,567,575 (“’575 patent”), 8 U.S. Patent No. 6,356,841 (“’841 patent”), U.S. Patent No. 7,228,432 (“’432 patent”), 9 U.S. Patent No. 6,744,759 (“’759 patent”), and U.S. Patent No. 7,302,698 10 (“’698 patent”) (collectively “the Patents-in-Suit”). FACEBOOK BACKGROUND 11 12 3. Facebook’s mission is to give people the power to build community and 13 bring the world closer together. Facebook’s top priority is to build useful and engaging 14 products that enable people to connect and share with friends and family through mobile 15 devices, personal computers, and other surfaces. Facebook also helps people discover 16 and learn about what is going on in the world around them, enable people to share their 17 opinions, ideas, photos and videos, and other activities with audiences ranging from 18 their closest friends to the public at large, and stay connected everywhere by accessing 19 Facebook’s products, including: 20 • 21 Facebook. Facebook enables people to connect, share, discover, and communicate with each other on mobile devices and 22 personal computers. There are a number of different ways to 23 engage with people on Facebook, the most important of which 24 is News Feed which displays an algorithmically-ranked series 25 of stories and advertisements individualized for each person. 26 27 • through photos, videos, and direct messages. Instagram is also a 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO Instagram. Instagram is a community for sharing visual stories CASE NO. 18-5434 2 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 3 of 118 1 2 place for people to stay connected with the interests and 3 communities that they care about. 4 • Messenger. Messenger is a messaging application that makes it 5 easy for people to connect with other people, groups and 6 businesses across a variety of platforms and devices. 7 8 • WhatsApp. WhatsApp is a fast, simple, and reliable messaging application that is used by people around the world to connect 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 securely and privately. 4. Facebook is also investing in a number of longer-term initiatives, such as connectivity efforts, artificial intelligence research, and augmented and virtual reality, to develop technologies that Facebook believes will help Facebook better serve Facebook’s communities and pursue Facebook’s mission to give people the power to build community and bring the world closer together. 5. Facebook’s product development philosophy is centered on continuous innovation in creating and improving products that are social by design, which means that Facebook’s products are designed to place people and their social interactions at the core of the product experience. As Facebook’s user base grows, and the level of engagement from the people who use Facebook’s products continues to increase, including with video, Facebook’s computing needs continue to expand. Facebook makes significant investments in technology both to improve Facebook’s existing products and services and to develop new ones, as well as for Facebook’s marketers and developers. Facebook is also investing in protecting the security and integrity of Facebook’s platform by investing in both people and technology to strengthen Facebook’s systems against abuse. research and development expenses of $7.75 billion, $5.92 billion, and $4.82 billion in 2017, 2016, and 2015, respectively. COOLEY LLP ATTORNEYS AT LAW PALO ALTO Facebook’s technology investments included CASE NO. 18-5434 3 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 4 of 118 1 6. To establish and protect Facebook’s proprietary rights, Facebook relies on 2 a combination of patents, trademarks, copyrights, trade secrets, including know-how, 3 license agreements, confidentiality procedures, non-disclosure agreements with third 4 parties, employee disclosure and invention assignment agreements, and other 5 contractual rights. In addition, to further protect Facebook’s proprietary rights, from 6 time to time Facebook has purchased patents and patent applications from third parties. 7 THE PARTIES 8 9 10 11 7. Facebook is a corporation organized and existing under the laws of the State of Delaware, having its principal place of business at 1601 Willow Road, Menlo Park, CA 94025. 8. Defendant BlackBerry Ltd. is a corporation organized and existing under 12 the laws of Canada, having its principal place of business at 2200 University Avenue 13 East, Waterloo, Ontario, Canada N2K 0A7. 14 9. Defendant BlackBerry Corp. is a corporation organized and existing under 15 the laws of the State of Delaware. BlackBerry Corp. operates offices in the Northern 16 District of California, including locations at 3001 Bishop Drive, Suite 400, San Ramon, 17 CA 94583, 331 Fairchild Drive, Suite 300 & 1st Floor, Mountain View, CA 94043, 18 837 Arnold Drive, Suites 400 & 600, Martinez, CA 94553, and 2988 Campus Drive, 19 Suites 100, 110, 115, and 200, San Mateo, CA 94403. JURISDICTION 20 21 10. This is a civil action for patent infringement arising under the patent laws 22 of the United States, Title 35 of the United States Code. This Court has exclusive 23 subject matter jurisdiction over this complaint pursuant to 28 U.S.C. §§ 1331 and 24 1338(a). 25 11. This Court has personal jurisdiction over BlackBerry. Upon information 26 and belief, BlackBerry has committed and continues to commit acts of infringement 27 giving rise to this action within California and within this judicial district. For example, 28 BlackBerry has committed and continues to commit acts of infringement in this District, COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 4 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 5 of 118 1 by among other things, using, offering for sale, and selling products that infringe the 2 Patents-in-Suit. Furthermore, BlackBerry does substantial business in California and 3 within this District. BlackBerry Corp. is registered to do business in the State of 4 California. BlackBerry Corp. also has offices and employees in California and within 5 this District, including its Principal Executive Office and Principal Business Office in 6 California located at 3001 Bishop Drive, Suite 400, San Ramon, CA 94583. On 7 information and belief, BlackBerry Corp. is a wholly owned subsidiary, directly or 8 indirectly, of BlackBerry Ltd., and BlackBerry Corp. conducts business in this judicial 9 district and in the United States on behalf of BlackBerry Ltd. In conducting business 10 in California and in this judicial district, BlackBerry derives revenue from the infringing 11 products being used, sold, imported, and/or offered for sale and providing service and 12 support to BlackBerry’s customers in California and this District. VENUE 13 14 12. Venue is appropriate in the Northern District of California pursuant to 15 28 U.S.C. §§ 1391(b) and (c) and 1400(b). 16 infringement within this judicial district giving rise to this action. BlackBerry has and 17 continues to conduct business in this District, including one or more acts of selling, 18 using, importing, and/or offering for sale infringing products or providing service to 19 customers in this District. In addition, BlackBerry Corp. has regular and established 20 places of business in this District including the office locations identified above. 21 BlackBerry Ltd. is not a resident of the United States and therefore may be properly 22 sued in this judicial district. COUNT I: INFRINGEMENT OF U.S. PATENT NO. 8,429,231 23 24 25 26 BlackBerry has committed acts of 13. Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 14. Facebook is the owner by assignment of U.S. Patent No. 8,429,231 27 (“’231 patent”), entitled “Voice Instant Messaging,” including the exclusive right to 28 bring suit to enforce the patent and the exclusive right to obtain relief for infringement. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 5 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 6 of 118 1 The ’231 patent was duly and legally issued by the U.S. Patent and Trademark Office 2 on April 23, 2013. The patent properly claims priority to U.S. Application Ser. 3 No. 09/810,159, filed on March 19, 2001, which claims the benefit of U.S. Provisional 4 Application No. 60/189,974, filed on March 17, 2000, and U.S. Provisional Application 5 No. 60/239,917, filed on October 13, 2000. 6 15. A true and correct copy of the ’231 patent is attached as Exhibit A. 7 16. The ’231 Patent is valid and enforceable under the United States Patent 8 Laws. SUMMARY OF INVENTION 9 10 17. The ’231 patent traces its roots to America Online, Inc. (“AOL”). 11 In particular, the written description contained in the ’231 patent was originally filed on 12 behalf of AOL with substantially the same content on March 19, 2001. In 2012, 13 Facebook acquired hundreds of patents and related patent application rights that had 14 been previously held by AOL. 15 18. Before the filing of the patent applications that led to the ’231 patent, 16 instant messaging involving the exchange of text messages between senders and 17 recipients was well-known and widely used. The patent’s Background section states, 18 for example, that AOL had provided subscribers with the ability to send and receive 19 instant messages and that instant messaging was becoming a preferred means of 20 communicating among online subscribers. (’231, col. 1:33-41.) 21 19. The inventions of the ’231 patent provide techniques and related system 22 functionality for enabling voice communication between users of an instant messaging 23 system. The ’231 patent states that the described invention “relates generally to 24 transferring data between subscribers of a communications system and more 25 particularly to transferring audio data between subscribers of an instant messaging 26 host.” (Id., col. 1:13-16.) The patent describes the use of multiple communication 27 channels in an instant messaging system to enable voice communication. The patent 28 states, for example: “Voice communication may be enabled by establishing a generic COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 6 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 7 of 118 1 signaling interface channel, a control channel, and an audio channel between the sender 2 and the recipient.” (Id., col. 1:64-66.) 3 20. Among other things, the ’231 patent describes that using multiple channels 4 including a generic signaling interface channel can protect users of the communication 5 system, such as by providing for the exchange of local IP addresses only when both 6 users permit the exchange. The patent states, for example: “In one implementation, a 7 talk tool establishes an active talk session using three communication channels: a 8 Generic Signaling Interface (GSI) channel, a control channel, and an audio channel. 9 The talk tool uses the GSI channel to establish the initial connection. During this 10 connection, the local IP addresses are exchanged. After the initial connection phase is 11 done, the GSI channel is no longer used.” (Id., col. 13:27-33.) The patent further states: 12 “By using the GSI channel, the exchange of local IP addresses is only done when both 13 users permit such an exchange, i.e., by clicking on the CONNECT UI. These actions 14 protect users from having their local EP [sic, IP] addresses automatically obtained 15 without their consent.” (Id., col. 13:27-38.) 16 21. Consistent with these statements, the claims of the ’231 patent recite the 17 use of more than one channel, including a generic signaling interface channel, to 18 establish 19 (See ’231, Claims 1 and 10.) 20 22. voice communication between the sender and the recipient. The ’231 patent also describes that the instant messaging system can 21 determine the voice communication capabilities of the recipient. The patent states, for 22 example: “Once the instant message is verified, the host 604 determines the capabilities 23 of the recipient (step 615). For example, the host 604 may monitor and update the 24 online status, client version, and device type of all connected subscribers in real time. 25 The capability to receive audio data may depend on hardware (e.g., device type), 26 software (e.g., client version), and/or transfer preferences (e.g., blocked screen names). 27 To be talk enabled, both the talk software and audio equipment must be available. The 28 host 604 then reports the capabilities of the recipient to the sender (step 620).” (Id., col. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 7 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 8 of 118 1 2 12:16-25.) 23. Consistent with this description, each claim of the ’231 patent recites that 3 the invention includes steps or functions of determining voice communication 4 capabilities of the recipient and establishing voice communication “based on the 5 determined voice communication capabilities of the recipient and based on the 6 indication that the sender has selected the voice communication option.” BLACKBERRY’S INFRINGEMENT 7 8 24. BlackBerry has infringed and is continuing to infringe the ’231 patent by 9 making, using, selling and/or offering to sell in the United States, or importing into the 10 United States, products or processes that practice the ’231 patent in violation of 11 35 U.S.C. § 271(a), including without limitation its BBM Enterprise software product 12 and related functionality. 13 25. BlackBerry’s infringement of the ’231 patent has caused and will continue 14 to cause damage to Facebook for which Facebook is entitled to recovery under 15 35 U.S.C. § 284. 16 26. As set forth below, BlackBerry infringes the ’231 patent. The following 17 description is exemplary and illustrative of BlackBerry’s infringement based on 18 publicly available information. Facebook expects to further develop the evidence of 19 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 20 this action. 21 27. BBM Enterprise is an instant messaging application and associated system 22 that permits users to exchange text messages and engage in voice and video 23 communications. For example, a user of BBM Enterprise can select a telephone button 24 to initiate a voice call, as shown in the annotated screenshot below. 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 8 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 9 of 118 1 2 3 4 5 6 7 8 9 10 11 28. BlackBerry infringes the ’231 patent in connection with BBM Enterprise. The following exemplary figure from the ’231 patent, annotated in red, illustrates how an instant messaging user can initiate voice communication by selecting a button. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 9 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 10 of 118 1 2 3 4 5 29. An illustrative description of BlackBerry’s infringement on an element- by-element basis is provided below for exemplary claims of the patent.  1[p] A method comprising: BlackBerry provides BBM Enterprise, which performs the method described below, as used in a variety of different platforms. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: BBM-Enterprise-latest-Security-Note-en.pdf at 6.)  [a] enabling presentation of a first communication graphical user interface to a sender, the first communication graphical user interface comprising one or more communication options including a voice communication option; BBM Enterprise enables presentation of a first communication graphical user interface to a sender, the first communication graphical user interface comprising one or more communication options including a voice communication option. For example, BBM Enterprise uses a chat interface on the sender’s mobile device or computer that presents a sender with an option to send a text message or a voice call. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 10 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 11 of 118 1 2 3 4 5 6 7 8 9 10 (Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:39 11 (published 10/31/2017) (annotated), available at 12 https://www.youtube.com/watch?v=4AhQS6LYHug.) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 11 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 12 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (Source: https://help.blackberry.com/en/bbm-enterprise-for- 20 android/current/help/uvm1474995230203.html) 21 22  [b] enabling presentation of a second communication graphical user interface to a recipient; 23 BBM Enterprise enables presentation of a second communication graphical user 24 interface to a recipient. For example, the recipient of a BBM Enterprise message views 25 the received message in a BBM Enterprise communication interface displayed on the 26 recipient’s mobile device or computer. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 12 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 13 of 118 1 2 3 4 5 6 7 8 9 (Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:39 10 (published 10/31/2017), available at 11 https://www.youtube.com/watch?v=4AhQS6LYHug.) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 (Source: Apple Store, BBM Enterprise, https://itunes.apple.com/us/app/bbm- 27 enterprise/id1147293419?mt=8 (annotated).) 28  [c] determining voice communication capabilities of the recipient; COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 13 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 14 of 118 1 BBM Enterprise determines voice communication capabilities of the recipient. 2 For example, if a recipient can receive voice or video calls, voice and video icons are 3 presented to the sender of a message. In addition, an icon can be shown that identifies 4 that a contact can participate in BBM Voice calls, reflecting that the voice 5 communication capabilities of the contact (potential recipient) have been determined. 6 7 8 9 (Source: https://emm.b2b- 10 blackberry.net/dls/Manuals/BBM/PC/BBM_Enterprise_Windows- 11 macOS_1.2.UserGuide-en.pdf) 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 14 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 15 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (Source: https://help.blackberry.com/en/bbm-enterprise-for- 20 android/current/help/uvm1474995230203.html)  [d] receiving, at a server, an indication that the sender has selected the 21 22 voice communication option; and 23 BBM Enterprise receives, at a server, an indication that the sender has selected 24 the voice communication option. For example, after a user selects the voice call icon, 25 a BBM Enterprise server receives a request from a sender to set up a voice call with a 26 recipient. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 15 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 16 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 (Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected- 17 security/sqp1464359148449.html) 18  [e] establishing, based on the determined voice communication 19 capabilities of the recipient and based on the indication that the sender 20 has selected the voice communication option, a voice communication 21 between the sender and the recipient using more than one channel 22 including at least a generic signaling interface channel. 23 BBM Enterprise establishes, based on the determined voice communication 24 capabilities of the recipient and based on the indication that the sender has selected the 25 voice communication option, a voice communication between the sender and the 26 recipient using more than one channel including at least a generic signaling interface 27 channel. The establishment of voice communication uses multiple channels including 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 16 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 17 of 118 1 a generic signaling interface channel. For example, voice communication established 2 between devices on Wi-Fi or cellular networks uses a generic signaling interface 3 channel and may use one or more cellular network channels or Wi-Fi channels. 4 IP addresses may be provided as part of establishing the voice communication. The 5 establishment of voice communication may also use one or more additional channels, 6 such as cellular network control channels as well as a channel through the BlackBerry 7 Infrastructure, which may be an encrypted channel. 8 9 10 11 12 13 14 15 16 17 18 19 20 (Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected- 21 security/sqp1464359148449.html) 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 17 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 18 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 18 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 19 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Source: https://help.blackberry.com/en/bbm-protected-security/latest/bbm-protected- 22 security/zgh1464359194884.html) 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 19 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 20 of 118 1 2 3 4 5 6 7 8 9 (Source: BBM Enterprise – Secure Cross-Platform Instant Messaging Demo, at 1:48 10 (published 10/31/2017) (annotated), available at 11 https://www.youtube.com/watch?v=4AhQS6LYHug.) 12  3. The method of claim 1, wherein determining voice communication 13 capabilities of the recipient comprises determining whether the recipient 14 has enabled a hardware device for voice communication. 15 As explained with respect to Claim 1[c], BBM Enterprise determines voice 16 communication capabilities of the recipient comprising determining whether the 17 recipient has enabled a hardware device for voice communication. For example, BBM 18 Enterprise determines whether the recipient’s device hardware and/or software supports 19 voice communication. 20  4. The method of claim 1, wherein determining voice communication 21 capabilities of the recipient comprises determining whether the recipient 22 has enabled software for voice communication. 23 As explained with respect to Claim 1[c], BBM Enterprise determines voice 24 communication capabilities of the recipient comprising determining whether the 25 recipient has enabled software for voice communication. For example, BBM Enterprise 26 determines whether the recipient’s device hardware and/or software supports voice 27 communication. 28  6. The method of claim 1, further comprising reporting the voice COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 20 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 21 of 118 1 communication capabilities of the recipient to the sender. 2 BBM Enterprise reports the voice communication capabilities of the recipient to 3 the sender. For example, BBM Enterprise displays voice and video call icons if the 4 recipient has voice and video call capability, as discussed with respect to Claim 1[c]. 5  9. The method of claim 1, wherein the more than one channel further 6 comprises a different communications channel than a control channel 7 associated with instant message communications between the sender and 8 the recipient. 9 BBM Enterprise uses more than one channel including a different 10 communication channel than a control channel associated with instant message 11 communications between the sender and recipient. For example, on information and 12 belief, a control channel is used for the text instant messaging in BBM Enterprise that 13 is different from a voice communications channel. 30. 14 15 including without limitation monetary damages no less than a reasonable royalty. COUNT II: INFRINGEMENT OF U.S. PATENT NO. 7,567,575 16 31. 17 18 Facebook is entitled to relief as a result of BlackBerry’s infringement, Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 32. 19 Facebook is the owner by assignment of U.S. Patent No. 7,567,575 20 (“’575 patent”), entitled “Personalized multimedia services using a mobile service 21 platform,” including the exclusive right to bring suit to enforce the patent and the 22 exclusive right to obtain relief for infringement. The ’575 patent was duly and legally 23 issued by the U.S. Patent and Trademark Office on July 28, 2009. The patent is based 24 on U.S. Patent Application Ser. No. 10/136,540 filed on May 1, 2002, and claims the 25 benefit of U.S. Provisional Application No. 60/317,712, filed on Sep. 7, 2001. 26 33. A true and correct copy of the ’575 patent is attached as Exhibit B. 27 34. The ’575 patent is valid and enforceable under the United States Patent 28 Laws. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 21 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 22 of 118 SUMMARY OF INVENTION 1 2 35. The ’575 patent originated with AT&T Corp. (“AT&T”), as reflected on 3 the face of the patent. At the time of the patent filing, AT&T identified itself as among 4 the world’s premier voice, video, and data communications companies, serving 5 consumers, businesses, and government. Backed by the research and development 6 capabilities of AT&T Labs, AT&T ran the world’s largest, most sophisticated 7 communications network, was the largest cable operator in the U.S., was a leading 8 supplier of data and Internet services for businesses, and offered outsourcing, consulting 9 and networking-integration to large businesses, according to the company. 10 36. Before the filing of the ’575 patent, users of mobile devices could access 11 content on the Internet over a wireless connection. (See ’575, col. 1:24-49.) However, 12 according to the ’575 patent, accessing multimedia data on the Internet from a mobile 13 device over a wireless connection was often unreliable and could suffer from congestion 14 and problematic transmission conditions. 15 “[w]ireless access links suffer from severe transmission conditions, such as narrow 16 bandwidth, higher bit error rates and high latency.” (Id., col. 2:12-14.) “Another 17 problem with wireless links is congestion of the control and request channels when these 18 channels are used simultaneously to deliver the multimedia content.” (Id., col. 2:22- 19 25.) According to the ’575 patent, “[i]t would, therefore, be desirable to provide 20 personal multimedia services delivered over a wireless communication channel to a 21 variety of mobile device types while minimizing congestion of the control and request 22 paths. It would further be desirable to provide a mobile service platform and separate 23 multimedia servers having distinct channels for delivering transcoded multimedia data 24 and adapting the delivery of the multimedia data to fluctuations of the wireless 25 communication channel conditions.” (Id., col. 2:26-34.) 26 37. For example, according to the patent, The invention of the ’575 patent addresses these perceived needs. 27 The invention provides a mobile platform to deliver multimedia (for example, graphics, 28 video, and/or audio) with a request path and control channel to minimize congestion COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 22 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 23 of 118 1 while leveraging the identity of the mobile user and a profile of the mobile device. The 2 patent identifies a number of technological improvements to computer network 3 functionality that flow from the invention, such as the following: 4  “In one aspect of the invention, a method for providing multimedia data 5 from at least one controllable multimedia source to a mobile device includes providing 6 a request path from the mobile device to a mobile service platform, receiving a request 7 from the mobile device, obtaining a device profile from the mobile device, 8 authenticating the identity of a user of the mobile device, and determining a user profile 9 in response to the user identity. The method further includes authorizing control and 10 access to the at least one multimedia source, providing a control channel from the 11 mobile service platform to at least one multimedia server, providing multimedia data 12 delivery information to the at least one multimedia server, and providing multimedia 13 data to the mobile device in response to the request via the at least one multimedia 14 server. With such a technique, personal multimedia services are delivered over a 15 wireless communication channel to a variety of mobile device types while minimizing 16 congestion of the control and request paths, and a mobile user can control multimedia 17 sources over the wireless channel. By routing the control paths through the mobile 18 service platform and the content delivery paths through multimedia servers, the control, 19 transcoding, and multimedia delivery functions are handled efficiently without 20 overloading any particular communications pipe. The inventive technique enables 21 different modes of communication from a multitude of handheld devices for efficient 22 and personalized multimedia delivery.” (Id., col. 2:60-3:18.) 23  “In general, the present invention provides personalized multimedia 24 service by integrating a mobile service platform, and a plurality of multimedia servers 25 for wireless multimedia delivery. The mobile service platform operates as a message 26 gateway for allowing mobile devices using various protocols on different access 27 networks to access multimedia resources on the Internet and various other networks. 28 The mobile service platform includes a flexible architecture having a plurality of COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 23 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 24 of 118 1 components that cooperate to service mobile device service requests.” (Id., col. 4:19- 2 28.) 3 38. The claims of the ’575 patent, which includes claim 1 and the claims that 4 depend from claim 1, reflect these technological benefits to computer network 5 functionality. Claim 1 recites a method for providing multimedia data from at least one 6 controllable source to a mobile device, consistent with the specification’s descriptions 7 for personalized multimedia data delivery where a mobile user can control multimedia 8 sources. As described in the specification, by using the inventive technique for 9 authorizing control and access to the at least one multimedia source, providing a control 10 channel from the mobile service platform to at least one multimedia server, providing 11 multimedia data delivery information to the at least one multimedia server, and 12 providing multimedia data to the mobile device in response to the request via the at least 13 one multimedia server, as reflected in claim 1, personal multimedia services can be 14 delivered over a wireless communication channel to a variety of mobile device types 15 while minimizing congestion of the control and request paths, and a particular mobile 16 user can exercise control over multimedia sources through the wireless channel. 17 39. Claim 1 further recites steps including providing a request path from the 18 mobile device to a mobile service platform, providing a control channel from the mobile 19 service platform to at least one multimedia server, and providing multimedia data to the 20 mobile device via the at least one multimedia server. These features of claim 1 further 21 reflect the specification’s teachings that by routing the control paths through the mobile 22 service platform and the content delivery paths through multimedia servers, the control 23 and multimedia delivery functions are handled efficiently without overloading any 24 particular communications pipe, and that the inventive technique enables different 25 modes of communication from a multitude of handheld devices for efficient and 26 personalized multimedia delivery. 27 28 40. Furthermore, claim 1 recites steps of obtaining a device profile, authenticating the identity of a user of the mobile device, determining a user profile COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 24 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 25 of 118 1 corresponding to the user identity, and authorizing control and access to the at least one 2 multimedia source. These features reflect the specification’s descriptions of how the 3 invention provides benefits including personal multimedia services and personalized 4 multimedia delivery. BLACKBERRY’S INFRINGEMENT 5 6 41. BlackBerry has infringed and is continuing to infringe the ’575 patent by 7 making, using, selling and/or offering to sell in the United States, or importing into the 8 United States, products or processes that practice the ’575 patent in violation of 9 35 U.S.C. § 271(a), including without limitation its BlackBerry UEM (Unified 10 Endpoint Manager) product and related functionality, which were formerly named 11 BlackBerry Enterprise Server (BES) in various versions, including its implementation 12 with BlackBerry’s Secure Connect Plus product and related functionality. 13 14 15 42. BlackBerry’s infringement of the ’575 patent has caused and will continue to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284. 43. As set forth below, BlackBerry infringes the ’575 patent. The following 16 description is exemplary and illustrative of BlackBerry’s infringement based on 17 publicly available information. Facebook expects to further develop the evidence of 18 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 19 this action. 20 44. The BlackBerry UEM product provides endpoint management and policy 21 control for devices and apps. BlackBerry provides a cloud-based solution hosted by 22 BlackBerry. BlackBerry Secure Connect Plus is a BlackBerry UEM component that 23 provides a secure IP tunnel between apps and an organization’s network. A network 24 architecture illustration by BlackBerry is provided below, with the red annotation 25 added. 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 25 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 26 of 118 1 2 3 4 5 6 7 8 9 10 11 45. An illustrative figure from the ’575 patent is provided below, with the red annotation added around an exemplary mobile service platform. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 46. An illustrative description of BlackBerry’s infringement on an element- by-element basis is provided below for exemplary claims of the patent. 26  1[p] A method for providing multimedia data from at least one 27 controllable multimedia source to a mobile device comprising: 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 26 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 27 of 118 1 BlackBerry UEM, including its implementation with Secure Connect Plus, 2 provides for the secure transfer of data between the source and the device. According 3 to BlackBerry, UEM helps “[s]ecure and manage mobile devices, laptops and other 4 endpoints across different operating systems and ownership models. Control user access 5 to business apps, data and content. And do it all from a single, easy-to-use management 6 console, with an extensive set of policies and profiles to suit your needs.” 7 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds- 8 blackberry-uem.pdf) 9 10 11 12 13 14 15 16 17 18 19 20 21 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ 22 ake1452094272560.html) 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 27 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 28 of 118 1 2 3 4 5 6 7 8 9 10 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ lsh1428958213732.html) 11 12 13 14 15 16 17 18 19 20 21 22 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 23 lsh1428958213732.html) 24 25  [a] providing a request path from the mobile device to a mobile service platform; 26 BlackBerry UEM, including implementations with Secure Connect Plus, 27 includes functionality that allows a mobile device to request secure access to data from 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 28 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 29 of 118 1 the user’s organization. In order for a mobile device to access the data through 2 BlackBerry UEM, the user may activate their device using a supplied username and 3 password. For many types of devices, this activation is done through the UEM Client 4 application in communication with the UEM server, which may be a cloud 5 implementation. UEM provides a request path from the user’s device to the mobile 6 service platform in the cloud. The request path passes between the mobile device and 7 the organizational content through BlackBerry’s UEM architecture. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ 24 ake1452094272560.html) 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 29 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 30 of 118 1 2 3 4 5 6 7 8 9 10 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ ake1452094272560.html) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ ake1452094272560.html) COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 30 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 31 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ 15 blackberry-uem-client.html) 16  [b] receiving a request from the mobile device; 17 BlackBerry UEM includes functionality that receives requests from mobile 18 devices, such as a request to permit the device to obtain a secure connection between 19 the device and an organization’s apps or related content. 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 31 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 32 of 118 1 2 3 4 5 6 7 8 9 10 11 12 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ 13 blackberry-uem-client.html) 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 32 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 33 of 118 1 2 3 4 5 6 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 7 lsh1428958213732.html) 8  [c] obtaining a device profile from the mobile device; 9 In order to activate a device and establish a connection on BlackBerry UEM, a 10 mobile device is required to send certain information to BlackBerry UEM, including 11 sending encrypted CSR and HMAC information. 12 connection with requesting information from a remote source, the mobile device also 13 transmits device profile data (information about the mobile device) to the UEM server 14 or cloud implementation, such as the device type, operating system, and/or other profile 15 information. On information and belief, in 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 33 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 34 of 118 1 2 3 4 5 6 7 8 9 10 11 12 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ 13 kja1394733078938.html) 14 15 16 17 18 19 20 21 22 23 24 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/activation- 25 profile.html) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 34 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 35 of 118 1 2 3 4 5 6 7 8 9 10 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/ activating_devices.html) 11 12 13 14 15 16 17 (Source: http://help.blackberry.com/en/blackberry-uem-client-for-android/current/ 18 user-guide/mws1480630841555.html) 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 35 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 36 of 118 1 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ 2 creating-a-device-group.html) 3  [d] authenticating the identity of a user of the mobile device; 4 BlackBerry UEM requires a user to activate the user’s device before accessing 5 the secure network. This activation process requires an assigned username and 6 password, or the work email and password associated with the user. This information 7 required for activation authenticates the identity of the user. In addition, the UEM 8 server or cloud implementation authenticates the identity of the user of the mobile 9 device in connection with requests from the mobile device to the cloud implementation. 10 According to BlackBerry, the BlackBerry Infrastructure provides a trusted path between 11 the organization and every user based on mutual authentication. 12 13 14 15 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds- 16 blackberry-uem.pdf) 17 18 19 20 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds- 21 blackberry-uem.pdf) 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 36 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 37 of 118 1 2 3 4 5 6 7 8 9 10 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/ activating_devices.html) 11 12 13 14 15 16 17 18 19 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ 20 ake1452094272560.html) 21  [e] determining a user profile corresponding to the user identity; 22 Once a device has been activated with BlackBerry UEM using a username and 23 password assigned to the user, and when a user’s mobile device seeks access through 24 the network, the system can determine that a user profile has been created. This user 25 account allows the administrator to assign IT policies and profiles to make sure the 26 appropriate features are available to the user. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 37 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 38 of 118 1 2 3 4 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds- 5 blackberry-uem.pdf) 6 7 8 9 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ managing_user_groups_and_user_accounts.html) 10 11 12 13 14 15 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ adr1374514829642.html) 16 17 18 19 20 21 22 23 24 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ ake1371676480571.html) 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 38 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 39 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/ activating_devices.html)  [f] authorizing control and access to the at least one multimedia source; Once a device has been activated with BlackBerry UEM, the system recognizes the device profile that has been created by the administrator. For example, the device profile directs what productivity apps the device has been assigned, the degree of protection based on the user’s role and assigns IT policies and profiles to make sure the appropriate features are available to the mobile device. The system authorizes control and access to the multimedia source such as a corporate intranet or other multimedia content repository. Examples of multimedia content identified by the ’575 patent include “image media such as GIF, JPEG and PNG; audio media such as Real Audio, wav, au; and video files such as QuickTime, MPEG, and Motion JPEG.” (’575, col. 9:36-41.) 22 23 24 25 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/dsblackberry-uem.pdf) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 39 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 40 of 118 1 2 3 4 5 6 7 8 9 10 11 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/activation- 12 profile.html) 13 14 15 16 17 18 19 20 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/administration/ 21 activating_devices.html) 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 40 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 41 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 14 lsh1428958213732.html) 15  [g] obtaining a mobile device transmission profile; 16 Once a device has been activated with BlackBerry UEM, the system recognizes 17 the device profile and user account that has been created by the administrator. The 18 device profile includes work connection functionality, which defines how devices 19 connect to work resources, such as content servers, for data transfer. On information 20 and belief, in order to transmit data, the system obtains a mobile device transmission 21 profile (e.g., information that describes the protocol of the wireless channel 22 environment), such as data describing the Wi-Fi and/or application transmission 23 protocols used in order to transmit data. 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 41 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 42 of 118 1 2 3 4 5 6 7 (Source: http://help.blackberry.com/en/blackberry-uem/current/administration/ 8 wnw1513879285859.html) 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 42 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 43 of 118 1 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 2 car1398183904582.html) 3 4 5 6 7 8 9 10 11 12 13 14 15 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 16 lsh1428958213732.html) 17 18  [h] providing a control channel from the mobile service platform to at least one multimedia server; 19 BlackBerry UEM, including implementation with Secure Connect Plus, has 20 functionality that communicates with devices to create a secure tunnel for data transfer 21 from the device to the app. For example, BSCP signaling includes both a TLS tunnel 22 and a DTLS tunnel with transcoder as illustrated below. 23 24 25 Data flow: Accessing an application or content server using BlackBerry Secure Connect Plus 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 43 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 44 of 118 1 2 3 4 5 6 7 8 9 10 11 12 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 13 lsh1428958213732.html) 14 15 16 17 18 19 20 21 22 23 (Source: http://devblog.blackberry.com/2015/07/bes12-v12-2-and-the-blackberry- 24 secure-connect-plus-transport/) 25 26  [i] providing multimedia data delivery information to the at least one multimedia server; and 27 Multimedia data delivery information is provided to the multimedia server. For 28 example, transmission-related data passes through BlackBerry UEM and its COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 44 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 45 of 118 1 components. 2 3 4 5 6 7 8 9 10 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ ake1452094272560.html) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 45 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 46 of 118 1 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 2 lsh1428958213732.html) 3 4  [j] providing multimedia data to the mobile device in response to the request via the at least one multimedia server. 5 BlackBerry UEM responds to a request from a mobile device, creates a secure 6 connection for data transfer, connects to third-party apps, and transmits data through 7 BlackBerry UEM, and the data is then delivered to the end-user’s mobile device. 8 BlackBerry UEM provides the multimedia data to the mobile device, serving as an 9 intermediary between the multimedia server and the mobile device. 10 11 12 13 14 15 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 16 lsh1428958213732.html) 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 46 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 47 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 (Source: http://help.blackberry.com/en/blackberry-uem/current/architecture/ 25 lsh1428958213732.html) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 47 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 48 of 118 1 2 3 4 5 6 7 8 9 10 11 (Source: http://help.blackberry.com/en/blackberry-uem/12.7/architecture/ ake1452094272560.html)  3. The method of claim 1 further comprising providing a user control 12 path from the mobile device to the at least one controllable multimedia 13 source via the at least one multimedia server for controlling the at least 14 controllable multimedia source from the mobile device. 15 BlackBerry UEM provides a user control path from the mobile device to the at 16 least one controllable multimedia source via the at least one multimedia server for 17 controlling the at least controllable multimedia source from the mobile device, as 18 discussed above with respect to Claim 1. UEM provides a path for a user of a mobile 19 device, such as a smartphone, connected to a multimedia source, such as a corporate 20 intranet, to control the multimedia source from the mobile device. 21  4. The method of claim 1 further comprising providing a user control 22 path from the mobile device to the at least one controllable multimedia 23 source via the mobile service platform for controlling the at least 24 controllable multimedia source from the mobile device. 25 BlackBerry UEM provides a user control path from the mobile device to the at 26 least one controllable multimedia source via the mobile service platform for controlling 27 the at least controllable multimedia source from the mobile device, as discussed above 28 with respect to Claim 1. UEM provides a path for a user of a mobile device, such as a COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 48 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 49 of 118 1 smartphone, connected to a multimedia source, such as a corporate intranet, to control 2 the multimedia source from the mobile device.  22. The method of claim 1 wherein the mobile device includes devices 3 4 selected from the group consisting of SMS mobile phones, WAP mobile 5 phones, PDA devices, Instant Messaging devices, e-mail devices, two 6 way pagers, pocket PCs, handheld PCs, and smart phones. 7 BlackBerry UEM can connect to a host of devices, including mobile phones, 8 laptops, and even wearable headsets. BlackBerry’s UEM helps “[s]ecure and manage 9 mobile devices, laptops and other endpoints across different operating systems and 10 ownership models. Control user access to business apps, data and content. And do it all 11 from a single, easy-to-use management console, with an extensive set of policies and 12 profiles to suit your needs.” 13 (Source: https://us.blackberry.com/content/dam/blackberry-com/PDF/enterprise/ds- 14 blackberry-uem.pdf) 15 16 17 18 19 20 21 (Source: http://help.blackberry.com/en/blackberry-uem/current/overview-and-whats- 22 new/dsc1395171862872.html) 23 24 25 26 27 28 47. Facebook is entitled to relief as a result of BlackBerry’s infringement, including without limitation monetary damages no less than a reasonable royalty. COUNT III: INFRINGEMENT OF U.S. PATENT NO. 6,356,841 48. Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 49. Facebook is the owner by assignment of U.S. Patent No. 6,356,841 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 49 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 50 of 118 1 (“’841 patent”), entitled “G.P.S. management system,” including the exclusive right to 2 bring suit to enforce the patent and the exclusive right to obtain relief for infringement. 3 The ’841 patent was duly and legally issued by the U.S. Patent and Trademark Office 4 on March 12, 2002. The patent is based on U.S. Patent Application Ser. No. 09/474,368 5 filed on December 29, 1999. 6 50. A true and correct copy of the ’841 patent is attached as Exhibit C. 7 51. The ’841 patent is valid and enforceable under the United States Patent 8 Laws. SUMMARY OF INVENTION 9 10 52. The ’841 patent originated with BellSouth Intellectual Property 11 Corporation, as indicated on the face of the patent. BellSouth Intellectual Property 12 Corporation was affiliated with telecommunications provider BellSouth Corp., which 13 traced its roots to the AT&T corporate family. BellSouth Corp. was acquired by AT&T 14 Inc. in 2006 for a reported $85.8 billion. 15 53. The ’841 patent notes that Global Positioning System (GPS) data was 16 known and used prior to the patented invention, but its use was limited and subject to a 17 number of drawbacks. As stated in the patent: “One of the drawbacks of conventional 18 G.P.S. systems is the local and isolated nature of the G.P.S. information. Currently, the 19 position information is only sent to the local user and the location history, or where the 20 user has been, cannot be determined. Furthermore, conventional G.P.S. systems do not 21 allow centralized storage and processing of information and conventional G.P.S. 22 systems cannot track multiple G.P.S. users.” (’841, col. 1:17-24.) 23 54. The invention of the ’841 patent provides centralized tracking and analysis 24 from a “central location,” enabling one or more remote devices and their associated 25 items, such as vehicles, to be tracked centrally. The patent states: “The invention 26 generally allows accurate and convenient tracking and management of multiple G.P.S.- 27 equipped remote entities.” (’841, col. 2:55-57.) The inventive system reflected in the 28 patent also includes numerous additional features that provide benefits as described in COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 50 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 51 of 118 1 the specification. For example, “the system includes provisions that allow information 2 stored in the remote unit to be transmitted to the central location during periods of 3 relative inactivity. This feature allows information to be transferred from the remote 4 unit to the central location without interfering with the function of the system during 5 busy or active periods of time.” (Id., col. 1:61-67.) 6 55. The invention also provides additional benefits such as a power-saving 7 state to conserve power usage by the remote GPS-equipped device. The patent includes 8 a section entitled “Power Conservation Features” that states as follows: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 The invention includes provisions to conserve power. When the system detects an ignition off condition, the system processes all of the computing steps associated with the detection of an ignition off condition, and then the ICU enters a ‘sleep’ mode in order to reduce power consumption. When in sleep mode, power shall be supplied only to those components that must still function when the vehicle is not moving. During the “sleep mode” the alert call features, including the RAT (Remote Alert Transmitter) button, still function. The preferred way the system allows the alert call feature to function during a state of ‘sleep,’ such that the system comes out of sleep mode when the system senses an activation of a technician alert call, either from an in-vehicle button or a remote button, and the ICU comes out of the sleep mode long enough to perform alert call processing functions. System parameters, location of the vehicle, and other stored data is maintained while the ICU is in sleep mode. Turning the vehicle ignition on causes the ICU to come out of the sleep mode and resume normal processing. Preferably, the ICU is designed to conserve power during all of its operating modes. Primary vehicle power consumption by all G.P.S. components within the vehicle should not to exceed 1 Amp hour for any twenty-four hour period. (’841, col. 11:45-12:2.) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 51 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 52 of 118 1 56. The claims of the ’841 patent, including the claims infringed by 2 BlackBerry, reflect the technological benefits and advantages over the prior art that the 3 specification describes. For example, claims 12 and 26 recite that a remote unit 4 receiving GPS information has a first state where it consumes a first quantity of power 5 and a second state where it consumes a second quantity of power. These claim features 6 reflect the specification’s teachings that the invention includes provisions to conserve 7 power, such as a “sleep” mode and related functionality to reduce power consumption. 8 Claim 12 further recites that where the remote unit stores the GPS information in a 9 memory and transmits the GPS information to a central location when the unit is in a 10 second state, and claims 19 and 25 recite that the remote unit detects a loss of GPS 11 signal and stores information associated with the loss of signal, reflecting the data 12 storage-related features of the invention as described in the specification. BLACKBERRY’S INFRINGEMENT 13 14 57. BlackBerry has infringed and is continuing to infringe the ’841 patent by 15 making, using, selling and/or offering to sell in the United States, or importing into the 16 United States, products or processes that practice the ’841 patent in violation of 17 35 U.S.C. § 271(a), including without limitation BlackBerry’s Radar products, 18 including Radar-L and Radar-M, and related software products and system 19 functionality. 20 21 22 58. BlackBerry’s infringement of the ’841 patent has caused and will continue to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284. 59. As set forth below, BlackBerry infringes the ’841 patent. The following 23 description is exemplary and illustrative of BlackBerry’s infringement based on 24 publicly available information. Facebook expects to further develop the evidence of 25 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 26 this action. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 52 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 53 of 118 1 60. BlackBerry’s Radar products provide asset tracking and monitoring 2 functionality. Using web-based software, customers can view the locations of assets, 3 such as trucks in a fleet, which have Radar devices installed. An illustration by 4 BlackBerry of the Radar Dashboard user interface is provided below. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/ 20 radar-solution/radar-services) 21 61. Illustrative figures from the ’841 patent are provided below. 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 53 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 54 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 54 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 55 of 118 1 2 3 4 5 6 7 8 9 10 11 12 (’841, Figs. 15 and 17.) 62. An illustrative description of BlackBerry’s infringement on an element- by-element basis is provided below for exemplary claims of the patent.  12[p]. A system comprising: 13 BlackBerry’s Radar products including associated software comprise an asset 14 tracking system. The Radar device contains sensors and attaches to commercial 15 vehicles and reports various vehicle conditions including location, motion, humidity, 16 and door events. The reports can be provided to a central location, such as to monitor 17 a truck fleet that has Radar devices installed. 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 55 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 56 of 118 1 2 3 4 5 (Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/ 6 radar-solution/radar-services)  12[a] (a) a central location; 7 8 As shown above, the Radar system includes a central location, such as a location 9 from which the Radar devices and associated assets are monitored. BlackBerry states 10 that 11 (Source: https://docs.radar.blackberry.com/.) 12 Dashboard interface through the web at https://dashboard.radar.blackberry.com/. 13 it provides “securely hosted cloud services” for Radar. BlackBerry directs users to access a  12[b] (b) a remote unit in communication with the central location, the 14 remote unit in communication with a Global Positioning System receiver 15 and receiving Global Positioning System information from the Global 16 Positioning System receiver; wherein 17 The BlackBerry Radar-L and Radar-M asset tracker devices each contain 18 components including sensor and processing components and a GPS receiver. 19 Each device contains components that communicate with the central location such as 20 by transmitting location and sensor data. 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 56 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 57 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15  12[c] the remote unit having a first state wherein the remote unit consumes a first quantity of power and a second state where the remote unit consumes a second quantity of power, the first quantity of being greater than the second quantity of power; 16 The remote unit has multiple different states that consume different quantities of 17 power. For example, when a Radar device has a low battery and/or detects a low 18 temperature and is not in continuous motion, the data update rate will be decreased (for 19 example, decreasing the data update rate from the default 15 minutes to 30 minutes or 20 more) “to maintain battery life.” By decreasing the data update rate, the device 21 consumes less power and therefore maintains battery life. 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 57 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 58 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 (Source: https://docs.radar.blackberry.com/guides/user_guide_asset/#low- 20 temperature-or-low-battery-conditions ) 21  12[d] the remote unit storing the Global Positioning System information 22 in a memory wherein the remote unit transmits the Global Positioning 23 System information to the central location when the remote unit is in the 24 second state. 25 The remote unit stores GPS data in a memory. For example, in normal operation, 26 a Radar device takes data readings every 5 minutes and uploads data to the network 27 every 15 minutes, confirming that the device stores the data in a memory. 28 In the second state of operation (lower-power state with low battery and/or low COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 58 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 59 of 118 1 temperature), the device also transmits GPS data to the central location at a different 2 rate, as indicated by the evidence cited for Claim 12[c] above. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (Source: https://www.fleetcomplete.com/en/products/blackberry-radar/)  15. The system according to claim 12, wherein other information, in addition to the Global Positioning System information, is stored in the memory. On information and belief, Radar device memories store GPS data as well as other information such as sensor data, as indicated for Claim 12[d]. As noted for Claim 12[d], in normal operation the device takes data readings every 5 minutes and uploads data every 15 minutes, storing data in the interim.  16. The system according to claim 12, wherein other information is stored in the memory. See claim 15.  23[p]. A system comprising: See claim 12[p].  23[a]. a remote unit in communication with a central location, the remote unit comprising a Global Positioning System receiver, a processor in communication with the Global Positioning System receiver and in communication with a memory, The BlackBerry Radar-L and Radar-M asset tracker devices each contain components including a GPS receiver, processor, and memory. Both the Radar-L and 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 59 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 60 of 118 1 Radar-M models also contain cellular communication technology used to transmit 2 location and sensor data back to a central location. The devices contain memory as 3 indicated by the fact that they record sensor data every 5 minutes and upload the data 4 every 15 minutes in normal operation. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19  23[b]. the remote unit transmitting Global Positioning System data to the central location, Using their cellular transceivers, the Radar-M and Radar-L transmit GPS location data to the BlackBerry cloud. 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 60 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 61 of 118 1  23[c]. wherein the central location compares the Global Positioning 2 System data to a predetermined parameter having a range of acceptable 3 values, and notes if the predetermined parameter is outside the range of 4 acceptable values; and 5 The central location processes the location data in comparison with stored 6 parameter data, such as to determine whether an asset is inside or outside of a geofence 7 and provide event-driven alerts to customers. The BlackBerry Radar web interface can 8 display a map with geofences and asset locations. There is also a tab that displays asset 9 events. The system receives GPS data to determine if the vehicle location is inside or 10 outside of “acceptable values” associated with the geofence. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: https://docs.radar.blackberry.com/guides/user_guide_otherinfo/)  23[d]. wherein the length of time the remote unit remains in a stationary position is monitored and is compared to a predetermined stationary time, and if the length of time that the remote unit remains in a stationary position is greater than the predetermined stationary time, the system notes an exception. In addition to geofences, BlackBerry Radar Dwell Detection can identify idle assets that have remained in one location for too long. For example, according to COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 61 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 62 of 118 1 BlackBerry, if a truck remains at a customer location for too long, the trucking company 2 may adjust the bill for that customer. Alternatively, an employer can track how long its 3 drivers remain at a given location. As recited in Claim 23, Dwell Detection can be 4 combined with geofencing to identify idle assets that remain within specified areas. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 62 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 63 of 118 1 (Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container- 2 tracking/radar-solution/radar-services) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (Source: https://docs.radar.blackberry.com/guides/user_guide_otherinfo/) For example, the BlackBerry web interface can display a “Dwell Report” identifying assets that have remained stationary and/or within a geofence for an extended period of time. 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 63 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 64 of 118 1 (Source: https://us.blackberry.com/qnx-radar/trailer-chassis-and-container-tracking/ 2 radar-solution/radar-services)  25. The system according to claim 23, wherein the remote unit detects a 3 4 loss of Global Positioning System signal and stores information 5 associated with the loss of signal. 6 On information and belief, when the Radar device detects a loss of GPS signal, 7 the unit detects the loss of signal and stores information associated with the loss of 8 signal. 9  26. The system according to claim 23, wherein the remote unit has a first 10 state wherein the remote unit consumes a first quantity of power and a 11 second state where the remote unit consumes a second quantity of power, 12 the first quantity of power being greater than the second quantity of 13 power. 14 The Radar device has multiple different states that consume different quantities 15 of power, as discussed above for Claim 12. For example, when the device has a low 16 battery and/or detects a low temperature and the device is not in continuous motion, the 17 data update rate will be decreased, which consumes less power. 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 64 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 65 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: https://docs.radar.blackberry.com/guides/user_guide_asset/#lowtemperature-or-low-battery-conditions)  27. The system according to claim 23, wherein at least one report is generated. The Radar system generates reports (as well as alert message reports) when assets are outside of a geofence or are in an extended idle state, as shown in the screenshots above for Claim 23.  28. The system according to claim 23, wherein the system notes if the predetermined parameter is outside the range of acceptable values by COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 65 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 66 of 118 1 generating a report that includes information related to the instances 2 where the predetermined parameter is outside the range of acceptable 3 values. 4 The Radar system generates reports that identify and display (as well as alert 5 message reports) when assets are outside of a geofence or are in an extended idle state, 6 as shown in the screenshots above for Claim 23. 7 8 9 10 11 12 63. Facebook is entitled to relief as a result of BlackBerry’s infringement, including without limitation monetary damages no less than a reasonable royalty. COUNT IV: INFRINGEMENT OF U.S. PATENT NO. 7,228,432 64. Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 65. Facebook is the owner by assignment of U.S. Patent No. 7,228,432 13 (“’432 patent”), entitled “Method and apparatus for providing security for a computer 14 system,” including the exclusive right to bring suit to enforce the patent and the 15 exclusive right to obtain relief for infringement. The ’432 patent was duly and legally 16 issued by the U.S. Patent and Trademark Office on June 5, 2007. The patent is based 17 on U.S. Patent Application Ser. No. 10/660,335 filed on September 11, 2003. 18 66. A true and correct copy of the ’432 patent is attached as Exhibit D. 19 67. The ’432 patent is valid and enforceable under the United States 20 Patent Laws. 21 22 SUMMARY OF INVENTION 68. The ’432 patent originated with the Hewlett Packard Company (“HP”) 23 corporate family. HP was a leading multinational technology company that was 24 founded and headquartered in Palo Alto, California. HP was succeeded by corporate 25 entities including publicly-traded HP Inc. and Hewlett Packard Enterprise. 26 69. The ’432 patent acknowledges that computer networks existed that 27 allowed files, programs, and other information to be transferred from one computer 28 system to another system, including the use of security systems to prevent unauthorized COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 66 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 67 of 118 1 intrusions or attacks. (’432, col. 1:7-24.) However, prior art security functions suffered 2 from drawbacks. For example, according to the patent, while computer viruses could 3 be pre-classified to assist in identifying malicious code, computer systems could be left 4 vulnerable “because a virus may be unknown or unclassified.” (Id., col. 1:28-29.) “As a 5 result, the computer system is not able to remove an unknown virus before it attacks the 6 computer system.” (Id., col. 1:29-31.) Computing performance impact was also an 7 issue. For example, the patent explains that “the performance of the central processing 8 unit (‘CPU’) may be impacted by the operation of security functions of the computer 9 system. The computer system's overall performance may be diminished because the 10 11 security functions are consuming the resources of the CPU.” (Id., col. 1:31-36.) 70. To address the perceived deficiencies in the prior art, the inventions taught 12 by the ’432 patent use a security processor to access and validate a requested file, which 13 may then be provided to another processor. The patent explains how the disclosed 14 invention provides an improved approach that may enhance the performance of a 15 computer system: 16 The disclosed embodiments provide an improved approach that may address one or more of the issues discussed above, while enhancing the performance of a computer system. With computer systems, security functions may be provided to protect the system. The security functions may be managed by a device or component, such as a processor, that is within the computer system or external to the computer system. In the disclosed embodiments, the security of the computer system is maintained in a manner that: (1) protects against defeat by thread models or technologies; (2) minimizes interaction with the CPU; and (3) allows trapping of code that is unknown or unclassified. 17 18 19 20 21 22 23 24 25 26 27 28 (Id., col. 2:18-29.) 71. As one example taught by the ’432 patent, the disclosed techniques “may enable a computer system to operate in a more efficient manner by having a security co-processor that protects against defeat by thread models or technologies.” (Id., col. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 67 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 68 of 118 1 2:31-34.) The patent explains: 2 By having a security co-processor examine code and activities that are independent of the operating system, the threaded programs are unable to defeat the security of the computer system. In addition, the security co-processor may minimize the performance impact on the central processing unit (“CPU”) of a computer system by performing the security functions, which allows the CPU to devote more resources to non-security related functions. Furthermore, the security co-processor may examine new code without the code being pre-classified. Thus, as new viruses are introduced, the security co-processor may trap the unknown or unclassified code before the CPU is damaged by an attack from the code. 3 4 5 6 7 8 9 10 11 12 (Id., col. 2:37-49.) 72. In one illustrative example embodiment, a security co-processor 13 (designated as item 111) may examine code independent of the operating system of a 14 computer system (item 100) and a processor complex (item 102) or other computers in 15 a computer network. (Id., col. 4:11-35, Fig. 2.) Using this architecture, “the security 16 co-processor 111 may enable the computer system 100 to prevent thread technologies 17 and unknown code from attacking the computer system 100. As a benefit to the 18 computer system 100, the security co-processor 111 may examine code independently 19 of the processor complex 102, which may be executing an operating system. As such, 20 the security co-processor 111 may trap code that is unknown or unclassified to prevent 21 it from impacting the performance or integrity of the computer system 100.” (Id., col. 22 4:13-17.) In addition, “[b]ecause the security co-processor 111 performs the security 23 functions and activities, it frees the use of the CPU cycles on the processor 24 complex 102 for other computing activities.” (Id., col. 4:17-20.) 25 73. The claims of the ’432 patent reflect the technological improvements 26 taught by the specification. For example, each claim recites a security processor used to 27 validate a file that is distinct from another processor. The architecture reflected in the 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 68 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 69 of 118 1 claims, including a security processor distinct from another processor, can be used to 2 enhance the operation of the computer system or systems involved in the 3 implementation, as described in the specification. For example, as the specification 4 teaches, any malicious code can be isolated by the security processor so that it does not 5 harm the performance or integrity of the other processor or associated operating system 6 or computer system. Furthermore, as explained by the specification, the use of a 7 security processor distinct from another processor also minimizes the performance 8 impact on the other processor, allowing the other processor to devote resources to non- 9 security related computing activities. BLACKBERRY’S INFRINGEMENT 10 11 74. BlackBerry has infringed and is continuing to infringe the ’432 patent by 12 making, using, selling and/or offering to sell in the United States, or importing into the 13 United States, products or processes that practice the ’432 patent in violation of 14 35 U.S.C. § 271(a), including without limitation BlackBerry Workspaces. 15 16 17 75. BlackBerry’s infringement of the ’432 patent has caused and will continue to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284. 76. As set forth below, BlackBerry infringes the ’432 patent. The following 18 description is exemplary and illustrative of BlackBerry’s infringement based on 19 publicly available information. Facebook expects to further develop the evidence of 20 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 21 this action. 22 77. BlackBerry’s WorkSpaces product, formerly called WatchDox, provides 23 secure file sharing to users and organizations. The product can be hosted in a cloud 24 implementation. An illustrative diagram of the WatchDox architecture is reproduced 25 below, illustrating how files provided to the server are converted and validated by a 26 security processing function and then placed into a secure repository, where the files 27 may be further processed and accessed by remote devices. 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 69 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 70 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (Source: WatchDox Security White Paper, at 5.) 78. An excerpt from an exemplary figure in the ’432 patent is reproduced 16 below, with red box annotations around exemplary processor complex 102 and 17 exemplary security co-processor 111. 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 70 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 71 of 118 1 (’432, Fig. 2 (annotated excerpt).) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 79. An illustrative description of BlackBerry’s infringement on an element- by-element basis is provided below for exemplary claims of the patent.  1[p]. A method of providing security for a computer system, the method comprising the acts of: BlackBerry Workspaces involves a method of providing security for a computer system. BlackBerry provides a cloud hosting service. BlackBerry’s product provides a secure file management platform. The platform separates security processing from other functionality such as the web application that serves users. The Workspaces virtual appliance is a multi-tier application with strict separation between the web application serving the users, the database that contains the system meta-data, and a secure file system that contains the encrypted documents. (Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/ whitepaper/mbf1465305286684.html) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 71 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 72 of 118 1 2 3 4 5 6 7 8 9 10 11 12 The Workspaces next-generation virtual appliance is a composite system consisting of multiple virtual machines. These virtual machines are responsible for the system’s frontend web and management interfaces, load balancing, document converters, and other internal components. The Workspaces virtual appliance virtual machines run hardened Redhat Enterprise Linux and one or more instances of Windows Server. File storage for the virtual appliance installation is a NAS, SAN, NFS, or an externally deployed Object-Storage. This component stores the encrypted customer files and the permissions database data. (Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/ whitepaper/iip1465304150551.html) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/quick-startguide/vix1490520108806.html)  1[a]. generating a request for a file; BlackBerry Workspaces generates a request for a file, such as via a file access request (e.g., an open, edit, annotate or share request) based on a user request originated via a web browser or through the Workspaces client application. On the Workspaces server side, a request is generated that results in the requested document being converted COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 72 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 73 of 118 1 into a format for delivery to the user. For example, the system provides a secure 2 Workspaces API call. 3 4 5 6 7 8 9 10 11 12 13 14 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 15 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 16 workspaces.pdf (highlighting added)) 17 18 19 20 21 22 23 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 24 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 25 workspaces.pdf) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 73 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 74 of 118 1 2 3 4 5 6 7 8 9 10 11 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/quick-start- 12 guide/vix1490520108806.html) 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/userguide/gry1443705389220.html) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 74 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 75 of 118 1  1[b]. receiving the request at a dedicated security processor; 2 BlackBerry Workspaces receives file access requests at a dedicated security 3 processor. A Workspaces server application receives the request, which results in the 4 dedicated security processor converting the file into a format for the user. The secure 5 file system may receive the request as a secure API call. 6 7 8 9 10 11 12 13 14 15 16 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 17 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 18 workspaces.pdf (highlighting added)) 19 20 21 22 23 24 25 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 26 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 27 workspaces.pdf) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 75 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 76 of 118 1 The URL that you use to access the BlackBerry Service 2 3 Workspaces application. This URL MUST correspond FQDN to SSL certificates and must consist of at least 3 parts. 4 (e.g. watchdox.nycompany.com) 5 6 7 8 9 SSL Certificates corresponding to the service FQDN. SSL Certificate / Chain / Private Key 10 (Source: http://help.blackberry.com/en/blackberry-workspaces-appliance- 11 x/current/installation-and-upgrade/gem1464691870923.html, section “Install 12 Appliance-X on Linux”, step 8.) 13 Sizing requirements 14 Each deployment option has specific sizing recommendations that are based on server size, which are defined by server storage, memory, and the number of processors. 15 16 17 18 Table 1. Server sizes 19 20 Server size 21 22 23 24 25 Local operating system storage Memory Processors (CPU/vCPU) Small 100GB 4 GB 2 Medium 100GB 8 GB 4 Large 100GB 12 GB 6 X-Large 100GB 16 GB 8 26 27 28 (Source: http://help.blackberry.com/en/blackberry-workspaces-appliance-x/current/ COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 76 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 77 of 118 1 2 installation-and-upgrade/gem1464691870923.html)  1[c]. using the dedicated security processor to access the file; 3 BlackBerry Workspaces uses the dedicated security processor to access the files 4 in the Workspaces. For example, the system accesses the file in order to convert it into 5 a particular format for the requesting user. 6 7 8 9 10 11 12 13 14 15 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 16 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 17 workspaces.pdf) 18 19  1[d]. using the dedicated security processor to validate the requested file; 20 BlackBerry Workspaces uses the dedicated security processor to validate the 21 requested file. As part of converting the file to a format for the requesting user, the 22 system validates the requested file, for example to ensure that the file conversion has 23 completed successfully. The system also will, for example, provide information on any 24 file which failed to synchronize correctly, indicating that it has attempted to validate 25 that file and found an error. 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 77 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 78 of 118 1 2 3 4 5 6 7 8 9 10 11 12 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 13 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 14 workspaces.pdf) 15 16 17 18 19 20 21 22 23 (Source: http://help.blackberry.com/en/blackberry-workspaces-for-windows/current/ 24 user-guide/gry1443705752000.html) 25 26  1[e]. providing the file to an other processor, if the requested file is validated; 27 BlackBerry Workspaces provides the file to another processor if the requested 28 file is validated. For example, the Workspaces system will provide the converted and COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 78 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 79 of 118 1 validated file to a web application (e.g., a web server with processor) to be provided to 2 the user. The system may also provide a file to a user’s device, such as a BlackBerry 3 smartphone containing a processor. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 18 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 19 workspaces.pdf (highlighting added)) 20 21 22 23 24 The Workspaces virtual appliance is a multi-tier application with strict separation between the web application serving the users, the database that contains the system meta-data, and a secure file system that contains the encrypted documents. (http://help.blackberry.com/en/blackberry-workspaces-appliancex/current/whitepaper/mbf1465305286684.html) 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 79 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 80 of 118 1 2 3 4 5 6 (Source: https://help.blackberry.com/en/blackberry-workspaces-app-for-android/ 7 current/user-guide/gry1443705134196.html) 8  1[f].validating a user access to execute the request; and 9 BlackBerry Workspaces validates a user’s access to a file, executing the access 10 request only if the user is authorized. The system checks to confirm that the user 11 requesting the file has been authorized to execute the request. 12 13 14 15 16 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e- 17 1e01eebb2ce5_wp-ensuring-document-security-across-any-device-with- 18 workspaces.pdf (highlighting added)) 19 20 21 22 23 24 25 26 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/ 27 gry1443705314525.html ) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 80 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 81 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/ gry1443705301815.html )  1[g]. enabling the other processor to continue processing the file, if the user access is validated. BlackBerry Workspaces enables the other processor to continue processing the file if the user’s access is validated. For example, the web application processor is enabled to continue processing the file if the user access request is validated, by permitting the file to be served to the user. 14 15 16 17 18 19 20 (Source: https://idency.com/wp-content/uploads/2017/06/5bbc8123-541e-4e1b-995e1e01eebb2ce5_wp-ensuring-document-security-across-any-device-withworkspaces.pdf (highlighting added)) 21 22 23 24 25 26 27 (Source: http://help.blackberry.com/en/blackberry-workspaces/current/user-guide/ gry1443705314525.html) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 81 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 82 of 118 1 2 3 4 5 6 (Source: https://help.blackberry.com/en/blackberry-workspaces-for-windows/current/ user-guide/gry1443705302406.html)  3. The method, as set forth in claim 1, wherein accessing the file 7 8 9 10 comprises loading the file from a system memory. On information and belief, the step of accessing the file comprises loading the file from a system memory, such as RAM memory at a server.  5. The method, as set forth in claim 1, wherein the dedicated security 11 12 13 14 15 16 processor is in a remote computer system. As shown above for Claim 1, the dedicated security processor in a WorkSpaces implementation may be in a remote computer system, such as a cloud-based implementation where the security processing is performed in a computer system remote from the other processor.  6. The method, as set forth in claim 1, wherein the other processor and 17 18 19 20 21 22 23 24 25 26 27 28 the dedicated security processor are disposed in a computer system. As shown above for Claim 1, the dedicated security processor and other processor in a WorkSpaces implementation may be disposed in a computer system, such as a WorkSpaces cloud or server computer system. 80. Facebook is entitled to relief as a result of BlackBerry’s infringement, including without limitation monetary damages no less than a reasonable royalty. COUNT V: INFRINGEMENT OF U.S. PATENT NO. 6,744,759 81. Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 82. Facebook is the owner by assignment of U.S. Patent No. 6,744,759 (“’759 patent”), entitled “System and method for providing user-configured telephone COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 82 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 83 of 118 1 service in a data network telephony system,” including the exclusive right to bring suit 2 to enforce the patent and the exclusive right to obtain relief for infringement. 3 The ’759 patent was duly and legally issued by the U.S. Patent and Trademark Office 4 on June 1, 2004. The patent is based on U.S. Patent Application Ser. No. 09/405,283 5 filed on September 27, 1999. 6 83. A true and correct copy of the ’759 patent is attached as Exhibit E. 7 84. The ’759 patent is valid and enforceable under the United States Patent 8 Laws. SUMMARY OF INVENTION 9 10 85. The ’759 patent originated with network technology company 3Com 11 Corporation (“3Com”), based in Santa Clara, California. 3Com was recognized as one 12 of the market leaders in networking hardware and software products including Voice 13 over IP (VoIP) telephony products. As of the patent filing date in 1999, 3Com reported 14 that it had more than 200 million customers worldwide. 3Com was acquired by HP in 15 2010 for a reported value of approximately $2.7 billion. 16 86. The ’759 patent addresses needs that arose in the field of telephone service 17 configuration. The patent explains that telephone service providers could “permit 18 customer subscribers of the features to tailor their telephone service according to 19 individual needs” with services such as call blocking, caller ID, and call forwarding. 20 (’759, col. 1:25-27.) However, while telephone service features were available, “the 21 features are nevertheless limited in their flexibility and scope. The effect to the user is 22 that the features become clumsy and difficult to use.” (Id., col. 2:38-39.) “For example, 23 in order to use the Call Forwarding function, the user must perform the steps at the 24 user’s own phone prior to moving to the location of the telephone to which calls will be 25 forwarded.” (Id., col. 2:41-44.) 26 87. In addition, telephone devices themselves suffered from deficiencies. For 27 example, although the Public Switched Telephone Network (PSTN) had been 28 developed, “[o]ne problem with the PSTN is that the terminal devices (e.g. telephones) COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 83 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 84 of 118 1 lack intelligence and operate as ‘dumb’ terminals on a network having the intelligence 2 in central offices.” (Id., col. 2:49-52.) While some PSTN telephones included display 3 features, they were “limited however by the closed PSTN signaling architecture, which 4 prohibits access by the PSTN telephones to the network signaling protocols.” (Id., col. 5 2:61-64.) Furthermore, “[t]he display functions are effectively limited to displaying 6 text, again, as a ‘dumb’ terminal.” (Id., col. 2:64-65.) 7 88. Beyond traditional PSTN telephony, Internet telephony was also known, 8 which could involve telephones that “may be substantially more intelligent than typical 9 PSTN telephones” and “may include substantially the computer resources of a typical 10 11 personal computer.” (Id., col. 3:19-22.) 89. The ’759 patent explains that needs existed in the field, including needs 12 for incorporating feature sets “into a data network telephony system that uses a data 13 network such as the Internet,” providing “new features and enhancements to telephony 14 service that accommodates and conforms to users’ needs,” and providing “features and 15 capabilities to telephone service that create new opportunities for users and for service 16 providers.” (Id., col. 3:24-31.) 17 18 90. described by the patent. The patent states: 19 The present invention addresses the above needs by providing a system in a data network telephony system, such as for example, the Internet, that provides a way for users to make brand new telephones usable without having to wait while the telephone company programs an account. The embodiments of the present invention may also be used to modify existing telephone accounts to incorporate new features, or features that may be desired for a limited amount of time. 20 21 22 23 24 25 26 The inventions taught by the ’759 patent addressed these needs, as (Id., col. 3:32-40.) 91. According to the patent, “[o]ne advantage of the present invention is that 27 telephone features become user-configurable.” (Id., col. 3:41-42.) “Another advantage 28 is that the extent to which features are user-configurable may be determined by the COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 84 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 85 of 118 1 service provider. The service provider may wish to make a few basic features standard 2 and impose their use in a registration function. Other features may then be made 3 selectable by the user.” (Id., col. 3:43-48.) 4 92. The specification describes illustrative examples of how the invention may 5 be implemented using data network telephones and telephony features that the user may 6 select by accessing a service provider’s web page. 7 In addition to features selected when “setting up a new account,” features may also be 8 modified based on the user’s selections, so that “[u]sers need not be locked into any 9 service plan or feature set.” (Id., col. 11:20-25.) “One advantage of such provisioning 10 functions is that services may be ordered for temporary use in a manner that is 11 convenient to the user.” (Id., col. 11:25-28.) 12 93. (Id., col. 16:6-8, 16:16-39.) The specification also describes another “advantage” of the disclosed 13 inventive system that the user can “obtain access to fully personalized, user-configured 14 service account as well as to user-selected telephony enhancements and features.” (Id., 15 col. 6:55-58.) 16 94. The claims of the ’759 patent reflect the improvements and benefits taught 17 by the specification. For example, each claim of the patent recites functionality through 18 which a service provider can enable a user, using a form presented in the web browser, 19 to request certain features to be provisioned for a data network telephone. As taught by 20 the specification, the inventions recited in the claims thus enable a service provider to 21 allow users to select and modify certain user-configurable features for a data network 22 telephone in a convenient manner using a web-based interface, where the service 23 provider can determine which available features are user-configurable. As the 24 specification explains, these inventions for user-configurable data network telephone 25 features enable a user to conveniently select and configure features for the data network 26 telephone without the user having to wait for the telephone company or service provider 27 to program the user’s account. Further incorporating these benefits taught by the patent, 28 claims 4 and 8 and the claims that depend therefrom further specify that the service COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 85 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 86 of 118 1 provider sends a message to the data network telephone effectuating the features chosen 2 by the user. BLACKBERRY’S INFRINGEMENT 3 4 95. BlackBerry has infringed and is continuing to infringe the ’759 patent by 5 making, using, selling and/or offering to sell in the United States, or importing into the 6 United States, products or processes that practice the ’759 patent in violation of 7 35 U.S.C. § 271(a), including without limitation the BlackBerry Enterprise Server 8 (BES, including versions BES10 – BES12) and the BlackBerry Unified Endpoint 9 Manager (UEM). 10 11 12 96. BlackBerry’s infringement of the ’759 patent has caused and will continue to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284. 97. As set forth below, BlackBerry infringes the ’759 patent. The following 13 description is exemplary and illustrative of BlackBerry’s infringement based on 14 publicly available information. Facebook expects to further develop the evidence of 15 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 16 this action. 17 98. BlackBerry’s UEM product and predecessor BES product include a Self- 18 Service feature, which is a web-based application enabling users to perform certain 19 tasks, such as creating a password to activate a device or sending commands to the 20 device. If a user’s device is lost or stolen, the user can perform actions through the Self- 21 Service interface such as remotely changing the password on the device or deleting data 22 from the device. 23 99. The following is an exemplary video screenshot provided by BlackBerry, 24 showing how a user can specify an activation password for a device using the Self- 25 Service web interface. 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 86 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 87 of 118 1 (Source: https://www.youtube.com/watch?v=F7e-LmFyWXw) 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 100. The following figure from the ’759 patent shows an exemplary web interface where a user can specify information as part of the process to provision features for a data network telephone. 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 87 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 88 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (’759, Fig. 4B.) 101. An illustrative description of BlackBerry’s infringement on an elementby-element basis is provided below for exemplary claims of the patent.  8[p]. A method for providing a user selected configuration for a data network telephone comprising the steps of: The BES and BlackBerry UEM Self-Service websites allow the user to select a configuration for a data network telephone. The Self-Service feature works for smartphones that are data network phones that enable telephony over data networks, such as Voice Over Wi-Fi and Voice Over LTE. 24 25 26 27 28 BES12 Self-Service is a web-based application that you can use to perform certain tasks, such as creating a password to activate your device or sending commands to your device. If your device is lost or stolen, you can remotely change the password on your device or delete data from your device. You don't need to install any software on your computer to use COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 88 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 89 of 118 1 BES12 Self-Service. Your administrator will provide you with the web address and login information that you need to log in to BES12 Self-Service. 2 3 4 (Source: http://help.blackberry.com/en/bes12-self- service/latest/bes 12-self-service/ amo1375906210935.html) 5 6 7 8 9 10 11 12 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1375906210935.html) 13 14 15 16 17 18 19 20 21 22 23 24 (Source: https://us.blackberry.com/support/business/blackberry-uem)  8[a]. receiving a request to configure the data network telephone from 25 the user; 26 After the user logs into the BES12 or UEM Self-Service website and provides a 27 configuration request, a request is received to configure the user’s data network 28 telephone. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 89 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 90 of 118 1 2 3 4 5 6 7 8 9 10 11 (Source: https://www.youtube.com/watch?v=Hydk1TFK54I) 12 13 14 15 16 17 18 19 20 21 22 23 24 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 90 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 91 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry- 16 uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 17  8[b]. presenting a user feature request form in a web browser of a 18 workstation, the user feature request form prompting the user to select 19 features with which the data network telephone is to be provisioned; 20 The user is presented with features in a request form prompting selection of 21 commands with which their data network telephone is to be provisioned. For example, 22 the web browser form prompts the user to select features such as (1) specifying a device 23 password and locking the device, (2) unlocking the device and clearing password, and 24 other features. The user can select the features of specifying a password and locking 25 the device, for example, to provision the device with the features of a password and 26 being locked. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 91 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 92 of 118 1 2 3 4 5 6 7 8 9 10 11 (Source: https://www.youtube.com/watch?v=Hydk1TFK54I) 12 13 14 15 16 17 18 19 20 21 22 (Source: https://www.youtube.com/watch?v=Hydk1TFK54I) 23 24 25 26 Using BES12 Self-Service, you can send various remote commands to your device. For example:  If your device is lost or stolen, you can remotely lock the device or delete data from the device. 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 92 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 93 of 118 1 2 3 4  If you forget the device password on your iOS or Android device, you can clear it.  If you misplace your iOS, Android, or Windows 10 Mobile device, you might be able to use BES12 Self-Service to locate your device on a map” 5 6 (Source: http://help.blackberry.com/en/bes12-self-service/latest/bes_12-self-servicepdf/BES12-Self-Service-latest-User-Guide-en.pdf) 7 8 9 10 11 12 13 14 15 16 17 18 19 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 20 21 22 23 24 25 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry- 26 uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 93 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 94 of 118 1 2 3 4 5 6 7 8 9 10 (Source: https://www.youtube.com/watch?v=F7e-LmFyWXw) 11  8[c]. setting a user account in accordance with the selected features; 12 Once the presented feature is selected by the user, the user account is set in 13 accordance with the feature. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (Source: https://www.youtube.com/watch?v=Hydk1TFK54I) BES12 Self-Service is a web-based application that you can use to perform certain tasks, such as creating a password to activate your device or sending commands to your device. If your device is lost or stolen, you can remotely change the password on your device or delete data from your device. You don't need to install any software on your computer to use BES12 Self-Service. Your administrator will provide you with the web address and login information that you need to COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 94 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 95 of 118 1 log in to BES12 Self-Service. 2 (Source: https://help.blackberry.com/en/bes12-self-service/latest/bes12-self- 3 service/amo1375906210935.html) 4 5 6 7 8 9 10 11 12 13 14 15 16 17 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf)  8[d]. sending a configuration message to provision the data network telephone with the features selected; and After the user account is set, a configuration message is sent to the data network telephone in order for the features to take effect on the device. 18 19 20 21 22 23 24 BES12 Self-Service is a web-based application that you can use to perform certain tasks, such as creating a password to activate your device or sending commands to your device. If your device is lost or stolen, you can remotely change the password on your device or delete data from your device. You don't need to install any software on your computer to use BES12 Self-Service. Your administrator will provide you with the web address and login information that you need to log in to BES12 Self-Service. 25 (Source: https://help.blackberry.com/en/bes12-self-service/latest/bes 12-self- 26 service/amo1375906210935.html) 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 95 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 96 of 118 1 2 3 4 5 6 7 8 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry- 9 uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1377803743419.html) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 96 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 97 of 118 1  8[e]. causing a confirming message to be presented to the user, the 2 confirming message indicating to the user that the data network 3 telephone is provisioned with the features selected by the user. 4 5 6 7 8 9 The system causes a confirming message to be presented to the user indicating that the data network telephone is provisioned with the selected features. The message may be presented to the user at the Self-Service web interface and/or at the user’s device, as per dependent claims 9 and 10, for example indicating that the device is locked, has its password set, or has other provisioned features. 10 11 12 13 14 15 16 17 18 19 (Source: https://www.youtube.com/watch?v=F7e-LmFyWXw) 20 21 22 23 24 25 26 (Source: https://www.youtube.com/watch?v=F7e-LmFyWXw) 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 97 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 98 of 118 1 2 3 4 5 6 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberry- 7 uem-self-service-pdf/BlackBerry-UEM-Self-Service-latest-User-Guide-en.pdf) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (Source: http://help.blackberry.com/en/blackberry-uem-self-service/latest/blackberryuem-self-service/amo1377803743419.html)  9. The method of claim 8, wherein causing a confirming message to be presented to the user comprises sending a confirming message to the workstation that causes the workstation to present to the user the confirming message. The Self-Service feature causes a confirming message to be presented to the user, at the Self-Service web interface and/or at the user’s device. 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 98 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 99 of 118 1  10. The method of claim 8 wherein causing a confirming message to be 2 presented to the user comprises sending a confirming message to the 3 data network telephone that causes the data network telephone to present 4 to the user the confirming message. 5 6 7 8 9 10 11 The Self-Service feature causes a confirming message to be presented to the user, at the Self-Service web interface and/or at the user’s device. 102. Facebook is entitled to relief as a result of BlackBerry’s infringement, including without limitation monetary damages no less than a reasonable royalty. COUNT VI: INFRINGEMENT OF U.S. PATENT NO. 7,302,698 103. Facebook incorporates by reference and re-alleges all foregoing paragraphs of this Complaint as if fully set forth herein. 12 104. Facebook is the owner by assignment of U.S. Patent No. 7,302,698 13 (“’698 patent”), entitled “Operation of trusted state in computing platform,” including 14 the exclusive right to bring suit to enforce the patent and the exclusive right to obtain 15 relief for infringement. The ’698 patent was duly and legally issued by the U.S. Patent 16 and Trademark Office on November 27, 2007. The patent is based on U.S. Patent 17 Application Ser. No. 09/728,827 filed on November 28, 2000. 18 105. A true and correct copy of the ’698 patent is attached as Exhibit F. 19 106. The ’698 patent is valid and enforceable under the United States 20 Patent Laws. SUMMARY OF INVENTION 21 22 23 107. The ’698 patent originated with the HP corporate family. Facebook refers to and incorporates by reference paragraph 68 above. 24 108. The ’698 patent addresses computer security. As described in the patent, 25 prior art operating systems before the ’698 patent suffered from problems with security, 26 such as vulnerability to viruses and unauthorized third-party modifications. (’698, 27 col. 2:38-55.) One identified problem with prior art computing platforms was that 28 “[t]he operating status of a computer system or platform and the status of the data within COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 99 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 100 of 118 1 the platform or system is dynamic and difficult to predict.” (Id., col. 2:40-43.) As a 2 result, “[i]t is difficult to determine whether a computer platform is operating correctly 3 because the state of the computer platform and data on the platform is constantly 4 changing and the computer platform itself may be dynamically changing.” (Id., col. 5 2:42-46.) 6 109. To address the perceived problems, the invention of the ’698 patent 7 provides increased security to a computing system by using a monitoring component 8 that operates to determine the current operational state of the system. The patent 9 describes: “Specific embodiments of the present invention comprise a computer 10 platform having a processing means and a memory means, and which is physically 11 associated with a component, known herein after as a ‘trusted component’ which 12 monitors operation of the computer platform by collecting metrics data from the 13 computer platform, and which is capable of verifying to third party computer entities 14 interacting with the computer platform to the correct functioning of the computer 15 platform.” (Id., col. 7:18-26.) The patent describes that security is enhanced by the use 16 of a monitoring component in a number of ways: 17 18 19 20 21 22 23 24 25 26 27 28 A user of a computing entity has higher confidence in the integrity and security of his/her own computer entity and in the integrity and security of the computer entity belonging to the other computing entity. Each entity is confident that the other entity is in fact the entity which it purports to be. Where one or both of the entities represent a party to a transaction, e.g. a data transfer transaction, because of the inbuilt trusted component, third party entities interacting with the entity have a high degree of confidence that the entity does in fact represent such a party. The trusted component increases the inherent security of the entity itself, through verification and monitoring processes implemented by the trusted component. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 100 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 101 of 118 1 The computer entity is more likely to behave in the way it is expected to behave. 2 3 (Id., col. 7:33-49.) 4 110. The claims of the ’698 patent reflect these technological benefits that 5 increase the security of the computer platform as described by the patent. For example, 6 each claim recites the use of a “monitoring component” having a data processor and a 7 memory, distinct from a first data processor and memory in a computer system, that 8 performs functions including determining which operating state is the current operating 9 state. As described in the specification, for example, the presence of a monitoring 10 component increases the inherent security of the computing entity itself through the 11 verification and monitoring processes that it implements. BLACKBERRY’S INFRINGEMENT 12 13 111. BlackBerry has infringed and is continuing to infringe the ’698 patent by 14 making, using, selling and/or offering to sell in the United States, or importing into the 15 United States, products or processes that practice the ’698 patent in violation of 16 35 U.S.C. § 271(a), including without limitation its QNX software products, including 17 the QNX Neutrino Realtime Operating System (RTOS), and related applications and 18 implementations. 19 applications such as BlackBerry’s CAR Infotainment products, the BlackBerry 10 OS 20 operating system, and other applications. 21 22 QNX Neutrino is provided by BlackBerry for a variety of 112. BlackBerry’s infringement of the ’698 patent has caused and will continue to cause damage for which Facebook is entitled to recovery under 35 U.S.C. § 284. 23 113. As set forth below, BlackBerry infringes the ’698 patent. The following 24 description is exemplary and illustrative of BlackBerry’s infringement based on 25 publicly available information. Facebook expects to further develop the evidence of 26 BlackBerry’s infringement after obtaining discovery from BlackBerry in the course of 27 this action. 28 114. BlackBerry’s QNX Neutrino uses monitoring components to monitor COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 101 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 102 of 118 1 operating states of a computing platform. For example, High Availability Manager 2 (“HAM”) components monitor operating states so that appropriate action can be taken 3 if needed. The HAM contains subcomponents such as entities, conditions, and actions 4 and may also be associated with a Guardian. According to BlackBerry, the HAM 5 provides “a resilient manager (or ‘smart watchdog’) that can perform multistage 6 recovery whenever system services or processes fail, no longer respond, or are detected 7 to be in a state where they cease to provide acceptable levels of service.” (Source: 8 http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_System_ 9 Architecture.pdf) 10 115. A figure from the ’698 patent is provided below, showing an exemplary 11 embodiment where operating states are monitored by a trusted component. In this 12 example, boot up and a re-boot via BIOS are monitored by a trusted component. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 102 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 103 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (’698, Fig. 7.) 116. An illustrative description of BlackBerry’s infringement on an elementby-element basis is provided below for exemplary claims of the patent.  1[p]. A computing entity comprising: QNX Neutrino and associated implementations as provided by BlackBerry comprise a computing entity.  1[a] a computer platform comprising 26 QNX Neutrino provides a computer platform for computing entities with a 27 variety of implementations. For example, the BlackBerry 10 operating system platform 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 103 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 104 of 118 1 sits on the BlackBerry device entities, and BlackBerry provides a QNX Neutrino 2 platform in other applications and implementations. 3 4 5 6 7 8 9 10 11 12 (Sources: https://global.blackberry.com/en/software; https://help.blackberry.com/en/ 13 blackberry-security-overview/latest/blackberry-security-overview/ 14 awi1402929620791.html) 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The BlackBerry 10 OS is a microkernel operating system that is based on the QNX Neutrino RTOS. (Source: https://help.blackberry.com/en/blackberry-security-overview/latest/ blackberry-security-overview/awi1402930370721.html )  1[b]. a plurality of physical and logical resources including a first data processor and a first memory; QNX Neutrino implementations include physical and logical resources including data processors and memory. For example, the BlackBerry 10 OS contains various processes, which may include a first user process with its (first) memory address space. The process manager is capable of creating multiple POSIX processes (each of which may contain multiple POSIX threads). In the QNX Neutrino RTOS, the microkernel is paired with the Process Manager in a single module (procnto). This module is required for all runtime systems. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 104 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 105 of 118 1 (Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_ 2 RTOS_System_Architecture.pdf) 3 4 5 6 7 8 9 10 (Source:https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc_ memman.html) 11 12 13 14 15 (Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc 16 _memman.html)  1[c]. a monitoring component comprising a second data processor and a 17 18 second memory; 19 QNX Neutrino, such as in the BlackBerry 10 OS and other implementations, 20 contains a monitoring component comprising a second data processor and memory 21 space. For example, the High Availability Manager including associated components 22 “provides a mechanism for monitoring processes and services on your system.” 23 (Source: 24 Neutrino_RTOS_System_Architecture.pdf) The process of monitoring states (and 25 associated memory) is separate and distinct from other data processing and memory. http://support7.qnx.com/download/ download/26183/QNX_ 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 105 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 106 of 118 1 2 3 4 5 6 (Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc 7 _memman.html ) 8 9 10 11 12 13 14 The High Availability Manager (HAM) provides a mechanism for monitoring processes and services on your system. The goal is to provide a resilient manager (or “smart watchdog”) that can perform multistage recovery whenever system services or processes fail, no longer respond, or are detected to be in a state where they cease to provide acceptable levels of service. Entities are the fundamental units of observation/monitoring in the system. Essentially, an entity is a process (pid). As processes, all entities are uniquely identifiable by their pids. 15 (Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_ 16 RTOS_System_Architecture.pdf) 17 18 19 20 21 22 23 24 25 26 27 28 Create fault tolerant applications Under this system, every driver, application, protocol stack, and file system runs outside the kernel in the safety of memory-protected user space. Virtually any component can fail and be automatically restarted without affecting other components or the kernel. Further, the QNX OS provides an optional high-availability framework for ensuring critical software is monitored and kept running even after faults. (Source: http://support7.qnx.com/download/download/26406/QNX%20OS%20 Security.pdf) If a process stops responding, it isolates a process in its user space and restarts the process without negatively affecting other processes. It uses adaptive partitioning to prevent apps from interfering with or reading the memory used by another COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 106 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 107 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 app. It validates requests for resources and controls how apps access the capabilities of the device, such as access to the camera, contacts, and device identifying information. (Source: https://help.blackberry.com/en/blackberry-security-overview/latest/ blackberry-security-overview/awi1402930370721.html)  1[d]. wherein, said computer platform is capable of operating in a plurality of different states, each said state utilising a corresponding respective set of individual ones of said physical and logical resources; QNX Neutrino provides for different states that use different computer resources, and BlackBerry provides implementations that include multiple different states. For example, BlackBerry 10 can transition to different application processes, each process having a state and corresponding resources (e.g., their own protected address spaces). Multiple different states are monitored by High Availability Manager components. QNX Neutrino also provides different kernel states such as “running, “ready,” and “blocked” that utilize different computer resources. 15 16 17 18 19 An app can transition between states as a result of a user’s action or because of the state of the device. … The following diagram shows how an app can move from state to state: 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 107 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 108 of 118 1 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions 2 _in_app_life_cycle.html ) 3 4 5 6 7 8 9 10 With memory protection, if one of the processes executing in a multitasking environment attempts to access memory that hasn’t been explicitly declared or allocated for the type of access attempted, the MMU hardware can notify the OS, which can then abort the thread (at the failing/offending instruction). This protects process address spaces from each other, preventing coding errors in a thread in one process from damaging memory used by threads in other processes or even in the OS. This protection is useful both for development and for the installed runtime system, because it makes postmortem analysis possible. 11 (Source: https://developer.blackberry.com/native/documentation/dev/rtos/arch/proc 12 _memman.html ) 13 Kernel states, the complete list 14 15 16 17 18 19 20 Here's the complete list of kernel blocking states, with brief explanations of each state. By the way, this list is available in —you'll notice that the states are all prefixed with STATE_ , but the prefix tends to be omitted in conversation and the documentation (for example, “READY” is really STATE_READY): If the state is: The thread is: STATE_CONDVAR Waiting for a condition variable to be signaled STATE_DEAD Dead. Kernel is waiting to release the thread's resources STATE_INTR Waiting for an interrupt 26 STATE_JOIN Waiting for the completion of another thread 27 STATE_MUTEX Waiting to acquire a mutex 21 22 23 24 25 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 108 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 109 of 118 1 2 STATE_NANOSLEEP Sleeping for a period of time STATE_NET_REPLY Waiting for a reply to be delivered across the network STATE_NET_SEND the network Waiting for a pulse or message to be delivered across 3 4 5 6 STATE_READY Not running on a CPU, but is ready to run (one or more higher or equal priority threads are running) 7 STATE_RECEIVE Waiting for a client to send a message STATE_REPLY Waiting for a server to reply to a message STATE_RUNNING Actively running on a CPU STATE_SEM Waiting to acquire a semaphore 13 STATE_SEND Waiting for a server to receive a message 14 STATE_SIGSUSPEND Waiting for a signal 8 9 10 11 12 15 16 STATE_SIGWAITINFO Waiting for a signal STATE_STACK Waiting for more stack to be allocated 18 STATE_STOPPED Suspended (SIGSTOP signal) 19 STATE_WAITCTX Waiting for a register context (usually floating point) to become available (only on SMP systems) 17 20 21 22 23 STATE_WAITPAGE Waiting for process manager to resolve a fault on a page STATE_WAITTHREAD Waiting for a thread to be created 24 (Source: http://www.qnx.com/developers/docs/7.0.0/#com.qnx.doc.neutrino.getting 25 _started/topic/s1_procs_Kernel_states.html) 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 109 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 110 of 118 Kernel states 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 We've been talking about “running,” “ready,” and “blocked” loosely—let's now formalize these thread states. RUNNING  QNX Neutrino's RUNNING state simply means that the thread is now actively consuming the CPU. On an SMP system, there will be multiple threads running; on a single-processor system, there will be one thread running. READY  The READY state means that this thread could run right now—except that it's not, because another thread, (at the same or higher priority), is running. If two threads were capable of using the CPU, one thread at priority 10 and one thread at priority 7, the priority 10 thread would be RUNNING, and the priority 7 thread would be READY. The blocked states  What do we call the blocked state? The problem is, there's not just one blocked state. Under QNX Neutrino, there are in fact over a dozen blocking states. Why so many? Because the kernel keeps track of why a thread is blocked. (Source: http://www.qnx.com/developers/docs/7.0.0/#com.qnx.doc.neutrino. getting_started/topic/s1_procs_kstate.html) 21  1[e]. wherein said monitoring component operates to determine which of 22 said plurality of states is the current operating state of said computer 23 platform. 24 QNX Neutrino includes monitoring functionality to determine which state is the 25 current state. For example, High Availability Manager components determine which 26 state is the current operating state. See Claim 1[c] above. (Source: http://support7.qnx 27 .com/download/download/26183/QNX_Neutrino_RTOS_System_Architecture.pdf) 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 110 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 111 of 118 1 In a BlackBerry 10 OS implementation, the monitoring component determines the 2 current operating state. 3 4 5 6 7 8 9 10 11 12 13 14 15 An app can transition between states as a result of a user’s action or because of the state of the device. These transitions make up your app's life cycle. When an app makes a transition from one state of the life cycle to another, the BlackBerry 10 OS notifies the app using events. The events that an app receives can vary depending on the way the user configures the settings on the device. … The BlackBerry 10 OS can deactivate your app and move it to the background at any time. For example, a user may leave your app to open another app. When the OS deactivates your app, your code should first save the app state. In addition, your app should stop any unnecessary threads and processes (such as updating the UI in real time) to preserve system resources. When the OS activates your app again, you can reload the saved state, and restart any suspended processes. (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions _in_app_life_cycle.html ) 16 17 18 19 20 21 22 23 24 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions 25 _in_app_life_cycle.html ) 26  3. The computing entity as claimed in claim 1, in which exit of said 27 computer platform from each said operating state is monitored by said 28 monitoring component. COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 111 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 112 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 On information and belief, the exit of the QNX Neutrino platform from each operating state is monitored by the monitoring component.  20[p]. A method of storing data at a computing entity comprising a computer platform See claim 1[p]-[a].  20[a] having a first data processor and a first memory See claim 1[b].  20[b] and a monitoring component having a second data processor and a second memory, said method comprising the steps of: See claim 1[c].  20[c] initiating a session on the computing platform; BlackBerry’s QNX Neutrino initiates a session on the computing platform. For example, a user app process or other process is started that begins a session. The process manager is capable of creating multiple POSIX processes (each of which may contain multiple POSIX threads). In the QNX Neutrino RTOS, the microkernel is paired with the Process Manager in a single module (procnto). This module is required for all runtime systems. 19 (Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_ 20 RTOS_System_Architecture.pdf) 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 112 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 113 of 118 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions _in_app_life_cycle.html )  20[d]. the monitoring component recording state data describing a current operational state of the computing platform; See Claim 1[c] and 1[e] regarding the monitoring component and High Availability Manager. The monitoring component records and determines the state of processes and kernel states and records descriptive data. An app can transition between states as a result of a user's action or because of the state of the device. These transitions make up your app's life cycle. When an app makes a transition from one state of the life cycle to another, the BlackBerry 10 OS notifies the app using events. The events that an app receives can vary depending on the way the user configures the settings on the device. The following diagram shows how an app can move from state to state: 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 113 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 114 of 118 1 2 3 4 5 6 7 8 9 10 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions 11 _in_app_life_cycle.html ) 12 13 14 15 16 17 18 19 20 21 22 23 24 The High Availability Manager (HAM) provides a mechanism for monitoring processes and services on your system. The goal is to provide a resilient manager (or “smart watchdog”) that can perform multistage recovery whenever system services or processes fail, no longer respond, or are detected to be in a state where they cease to provide acceptable levels of service. Entities are the fundamental units of observation/monitoring in the system. Essentially, an entity is a process (pid). As processes, all entities are uniquely identifiable by their pids. (Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_ RTOS_System_Architecture.pdf)  20[e]. generating data in the session; and QNX Neutrino generates data in the session. For example, an app process session generates its own app data (e.g., information about the state) which eventually needs to be saved, and other processes generate data during the session. 25 26 27 28 The BlackBerry 10 OS can deactivate your app and move it to the background at any time. For example, a user may leave your app to open another app. When the OS deactivates your app, your code should first save the app state. In addition, COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 114 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 115 of 118 1 2 3 4 your app should stop any unnecessary threads and processes (such as updating the UI in real time) to preserve system resources. When the OS activates your app again, you can reload the saved state, and restart any suspended processes. 9 An app can also experience interruptions during its life cycle such as losing focus, low memory events, and low battery events. Your app should listen for these events and respond by saving information about the state of the app. For example, the screen element currently in focus, or any user-entered data, should be saved. The saved state can be reloaded so that when the user returns to the app, the user can then continue on as before. 10 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions 11 _in_app_life_cycle.html ) 5 6 7 8 12  20[f]. storing the generated data with reference to the state data so that 13 the generated data may be recovered in a future session of the computing 14 platform in the same operational state. 15 QNX Neutrino stores the generated data with reference to the state data so that 16 generated data may be recovered in a future session in the same operational state. For 17 example, the data generated by an app is saved so that it may be recovered in the same 18 state when the computing platform reactivates the app. The High Availability Manager 19 provides “a resilient manager (or ‘smart watchdog’) that can perform multistage 20 recovery whenever system services or processes fail, no longer respond, or are detected 21 to be in a state where they cease to provide acceptable levels of service.” (Source: 22 http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_System_ 23 Architecture.pdf) 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 115 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 116 of 118 1 2 3 4 5 6 7 8 9 10 (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions 11 _in_app_life_cycle.html) 12 13 14 15 16 17 18 19 20 The BlackBerry 10 OS can deactivate your app and move it to the background at any time. For example, a user may leave your app to open another app. When the OS deactivates your app, your code should first save the app state. In addition, your app should stop any unnecessary threads and processes (such as updating the UI in real time) to preserve system resources. When the OS activates your app again, you can reload the saved state, and restart any suspended processes. (Source: https://developer.blackberry.com/native/documentation/dev/states/transitions _in_app_life_cycle.html) 27 The High Availability Manager (HAM) provides a mechanism for monitoring processes and services on your system. The goal is to provide a resilient manager (or “smart watchdog”) that can perform multistage recovery whenever system services or processes fail, no longer respond, or are detected to be in a state where they cease to provide acceptable levels of service. Entities are the fundamental units of observation/monitoring in the system. Essentially, an entity is a process (pid). As processes, all entities are uniquely identifiable by their pids. 28 (Source: http://support7.qnx.com/download/download/26183/QNX_Neutrino_RTOS_ 21 22 23 24 25 26 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 116 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 117 of 118 1 2 3 System_Architecture.pdf) 117. Facebook is entitled to relief as a result of BlackBerry’s infringement, including without limitation monetary damages no less than a reasonable royalty. 4 118. On information and belief, compliance with 35 U.S.C. § 287 has been 5 achieved to the extent applicable to the asserted claims of the Patents-in-Suit and/or is 6 not applicable to the asserted claims of the Patents-in-Suit. PRAYER FOR RELIEF 7 8 WHEREFORE, Facebook respectfully requests: 9 A. 10 11 12 That Judgment be entered that BlackBerry has infringed each of the Patents-in-Suit under 35 U.S.C. § 271; B. An award of monetary damages sufficient to compensate Facebook for BlackBerry’s infringement under 35 U.S.C. § 284; 13 C. Costs and expenses incurred by Facebook in this action; 14 D. An award of prejudgment and post-judgment interest; and 15 E. Such other and further relief as the Court may deem just and proper. DEMAND FOR JURY TRIAL 16 17 18 Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Facebook respectfully demands a trial by jury on all issues triable by jury. 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 117 COMPLAINT Case 3:18-cv-05434 Document 1 Filed 09/04/18 Page 118 of 118 1 Dated: September 4, 2018 COOLEY LLP 2 3 /s/ Heidi L. Keefe Heidi L. Keefe (178960) 4 5 HEIDI L. KEEFE (178960) (hkeefe@cooley.com) MARK R. WEINSTEIN (193043) (mweinstein@cooley.com) MATTHEW J. BRIGHAM (191428) (mbrigham@cooley.com) LOWELL D. MEAD (223989) (lmead@cooley.com) 3175 Hanover Street Palo Alto, CA 94304-1130 Telephone: (650) 843-5000 Facsimile: (650) 849-7400 6 7 8 9 10 11 COOLEY LLP MICHAEL G. RHODES (116127) (rhodesmg@cooley.com) 101 California Street 5th Floor San Francisco, CA 94111-5800 Telephone: (415) 693-2000 Facsimile: (415) 693-2222 12 13 14 15 16 Attorneys for Plaintiff FACEBOOK, INC. 17 18 19 20 21 22 23 24 25 26 27 28 COOLEY LLP ATTORNEYS AT LAW PALO ALTO CASE NO. 18-5434 118 COMPLAINT