IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION Network Protection Sciences,

LLC, Plaintiff, vs. Juniper Networks, Inc., Fortinet, Inc., WatchGuard Technologies, Inc., SonicWALL, Inc. and Deep Nines, Inc., Defendants. JURY TRIAL DEMANDED

Civil Action No. 2:10-CV-224

PLAINTIFFS ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT Plaintiff Network Protection Sciences, LLC, by and through its attorneys, as and for its complaint against defendants Juniper Networks, Inc., Fortinet, Inc., WatchGuard Technologies, Inc., SonicWALL, Inc. and Deep Nines, Inc. alleges: PARTIES 1. Plaintiff Network Protection Sciences, LLC (NPS) is a Texas Limited Liability

Company, having an address at 3301 West Marshall Avenue, Suite 302, Longview, Texas, 75604. 2. Defendant Juniper Networks, Inc. (Juniper) is a Delaware corporation, having

an address at 1194 North Mathilda Avenue, Sunnyvale, California 94089. On information and belief, Juniper maintains sales offices in Texas at 2500 City West Blvd., Ste. 349, Houston, Texas 77042 and at 16000 Dallas Parkway, Suite 150, Dallas, Texas 75248. 3. Defendant Fortinet, Inc. (Fortinet) is a Delaware corporation, having an address

at 1090 Kifer Road, Sunnyvale, CA, 94086. On information and belief, Fortinet is qualified to
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do business in the State of Texas, Filing No. 801198166, and has Corporation Service Company dba CSC - Lawyers Incorporating Service Company, 211 E. 7th Street, Suite 620 Austin, TX 78701, as its agent for service of process. 4. Defendant WatchGuard Technologies, Inc., (WatchGuard) is a Delaware

corporation, having an address at 505 Fifth Avenue South, Suite 500, Seattle, WA 98104. 5. Defendant SonicWALL, Inc. (SonicWALL) is a California corporation, having

an address at 2001 Logic Drive, San Jose, CA 95124. 6. Defendant Deep Nines, Inc. (Deep Nines) is a Delaware corporation, having an

address at 14643 Dallas Parkway, Suite 150, Dallas, TX 75254. On information and belief, Deep Nines is qualified to do business in the State of Texas, Filing No. 14021806, and has Sue Dark, 14881 Quorum Drive, Suite 700, Dallas, TX 75240, as its agent for service of process.

JURISDICTION AND VENUE 7. This is an action for patent infringement arising under the patent laws of the

United States, Title 35 of the United States Code. Accordingly, this Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331 and 1338(a). 8. This Court has personal jurisdiction over the defendants because they, either

directly or through intermediates such as distributors, retailers and others, regularly and systematically conduct and transact business within the State of Texas. Defendants business conduct and transactions include, but are not limited to, shipping, distributing, selling, and offering for sale material or products to companies, individuals, and other entities located in the State of Texas. 9. Venue is proper in this district pursuant to 28 U.S.C. 1391(b), (c) and 1400(b).
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PATENT INFRINGEMENT 10. On April 22, 1997, the United States Patent and Trademark Office duly and

legally issued U.S. Patent No. 5,623,601 (the 601 patent) entitled Apparatus and Method for providing a Secure Gateway for Communication and Data Exchanges between Networks, with Hung T. Vu as the sole inventor. A true and correct copy of the 601 patent is attached as Exhibit A. 11. NPS is the owner by assignment of all right, title, and interest in and to the 601

patent, with full and exclusive right to bring suit to enforce these patents, including the right to bring suit for past infringement. 12. In violation of 35 U.S.C. 271, defendants have infringed the 601 patent by

making, using, selling, and offering for sale products that implement the firewall technology described and claimed in the 601 patent, without the authority of NPS. 13. In violation of 35 U.S.C. 271, defendants have induced and contributed to

infringement of the 601 patent. 14. Without limitation, Defendant Juniper directly and indirectly infringes claims of

the 601 patent by making, selling, distributing, and causing its customers to use, product families that include a transparent IP proxy server such as, without limitation, the Juniper Integrated Security Gateways and Secure Service Gateways. 15. Without limitation, Defendant WatchGuard directly infringes claims of the 601

patent by making, selling, distributing, and causing its customers to use, product families that include a transparent IP proxy server such as, without limitation, the XTM and e-Series product families.
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16.

Without limitation, Defendant SonicWALL directly infringes claims of the 601

patent by making, selling, distributing, and causing its customers to use, product families that include a transparent IP proxy server such as, without limitation, the E-Class NSA Series and the TZ Series product families. 17. Without limitation, Defendant Deep Nines directly and indirectly infringes claims

of the 601 patent by making, selling, distributing, and causing its customers to use, product families that include a transparent IP proxy server such as, without limitation, the IPS Firewall product family. 18. Without limitation, Defendant Fortinet directly and indirectly infringes claims of

the 601 patent by making, selling, distributing, and causing its customers to use, product families that include a transparent IP proxy server such as, without limitation, the FortiGate products. 19. At least Junipers, Fortinets, and Deep Nines infringement has been, and

continues to be, willful. 20. Juniper has knowledge of the 601 Patent since at least July 25, 2008 as evidenced

at least by its request for reexamination of U.S. Patent Nos. 5,826,014 and 6,061,798. Despite such knowledge, Juniper continues to infringe the 601 Patent. 21. Deep Nines has knowledge of the 601 Patent since at least August 16, 2005 as

evidenced by Deep Nines U.S. Patents 6,930,978, 7,058,976 and 7,380,272 which each cite the 601 Patent. Despite such knowledge, Deep Nines continues to infringe the 601 Patent. 22. On information and belief, Fortinet has knowledge of the 601 Patent since it

issued, as Michael Xie, the founder and Chief Technical Officer of Fortinet, was a Senior

Software Engineer at Milkyway Networks Corporation, the assignee of the 601 Patent at the time it issued. Despite such knowledge, Fortinet continues to infringe the 601 Patent. 23. NPS has been harmed by defendants infringement. Such harm will continue

unless the defendants are enjoined by this Court from further infringement.

DEMAND FOR RELIEF WHEREFORE, plaintiff NPS requests entry of a judgment against the defendants, granting relief as follows: A. 601 patent; B. C. Awarding NPS damages adequate to compensate for the infringement; Determining that at least Juniper, Fortinet, and Deep Nines were willful in the Determining each defendant to be liable to NPS for patent infringement of the

infringement of the 601 patent; D. Increasing the damages up to three times, under authority of 35 U.S.C. 284,

second paragraph; E. Permanently enjoining each defendant, its officers, agents, servants, employees,

and attorneys, and those persons acting in concert or participation with each defendant, from further infringement of the 601 patent; F. Determining that this is an exceptional case under 35 U.S.C. 285 and awarding

NPS its reasonable attorney fees, costs, and expenses; and G. Granting pre-judgment and post-judgment interest and such other and further

relief as the Court may find just and equitable.

DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38, plaintiff NPS hereby demands a trial by jury for all issues in this case. Date: July 6, 2010 Respectfully submitted,

By: /s/ S. Calvin Capshaw S. Calvin Capshaw State Bar No. 03783900 Email: ccapshaw@capshawlaw.com Elizabeth L. DeRieux State Bar No. 05770585 Email: ederieux@capshawlaw.com D. Jeffrey Rambin State Bar No. 00791478
Email: jrambin@capshawlaw.com

CAPSHAW DERIEUX, L.L.P. 1127 Judson Road, Suite 220 (75601) P.O. Box 3999 Longview, Texas 75606 Phone: (903) 236-9800 Facsimile: (903) 236-8787 Attorneys for Plaintiff Network Protection Sciences, LLC Of Counsel: Vincent E. McGeary New Jersey State Bar No. 041681991 GIBBONS P.C. One Riverfront Plaza Newark, NJ Phone: (973) 596-4837 Facsimile: (973) 639-6477 Email: vmcgeary@gibbonslaw.com

Michael Cukor New York State Bar No. 3935889 GIBBONS P.C. One Pennsylvania Plaza, 37th Floor New York, New York 10119-3701 (212) 613-2013 (telephone) (212) 554-9658 (facsimile) Email: mcukor@gibbonslaw.com