Declaratory Judgment Action by Symantec Against RPost

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MICHAEL J. SACKSTEDER (CSB No. 191605) [email protected] DAVID D. SCHUMANN (CSB No. 22936) [email protected] LAUREN E. WHITTEMORE (CSB No. 255432) [email protected] FENWICK & WEST LLP 555 California Street, 12th Floor San Francisco, CA 94104 Telephone: 415.875.2300 Facsimile: 415.281.1350 Attorneys for Plaintiff SYMANTEC CORPORATION
UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11

F ENWICK & W EST LLP
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ATTORNEYS AT LAW
SYMANTEC CORPORATION,
SAN FRANCISCO
Case No.: __________ COMPLAINT FOR DECLARATORY JUDGMENT DEMAND FOR JURY TRIAL
13 Plaintiff, 14 v. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1. Plaintiff Symantec Corporation (Symantec) brings this action against Defendants RPost Holdings, Inc. (RPost Holdings), RPost Communications Limited (RPost Communications), RPost International Limited (RPost International), and RMail Limited (RMail) (collectively, RPost or Defendants), and avers as follows: NATURE OF ACTION This action is based on the patent laws of the United States, Title 35 of the United RPOST HOLDINGS INC., RPOST COMMUNICATIONS LIMITED, RPOST INTERNATIONAL LIMITED and RMAIL LIMITED, Defendants.
States Code. Defendants have asserted rights under U.S. Patent Nos. 8,504,628, 8,209,389, 8468,199, 8,224,913 and 7,966,372 (collectively the patents-in-suit) based on certain ongoing activity by Symantec, and Symantec contends that it has the right to engage in this activity
COMPLAINT FOR DECLARATORY JUDGMENT
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without license. Symantec thus seeks a declaration that it does not infringe the patents-in-suit, that the patents-in-suit are invalid, and/or that any alleged use of the patented inventions by Symantec have been released pursuant to the parties October 25, 2011 Stipulation of Settlement of Claims Involving Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost International Limited, et al., Case No. YC061581, Superior Court of California, County of Los Angeles-Southwest District. THE PARTIES 2. Symantec is a Delaware corporation with headquarters located at 350 Ellis Street,
Mountain View, California. 3. On information and belief, Defendant RPost is a Delaware corporation with
headquarters located at 6033 W. Century Blvd., Suite 1278, Los Angeles CA 90045-6422. 4. On information and belief, Defendant RPost Communications is a corporation
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ATTORNEYS AT LAW SAN FRANCISCO
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organized under the laws of the Nation of Bermuda. 5. On information and belief, Defendant RPost International is a corporation
organized under the laws of the Nation of Bermuda. 6. On information and belief, Defendant RMail is a corporation organized under the
laws of the Nation of Bermuda. SUBJECT MATTER JURISDICTION 7. This is a civil action regarding allegations of patent infringement arising under the
patent laws of the United States, Title 35 of the United States Code, in which Symantec seeks declaratory relief under the Declaratory Judgment Act. Thus, the court has subject matter jurisdiction over this action pursuant to 28 U.S.C. 1331, 1338, 2201, and 2202. This action includes a claim for a declaratory judgment of patent noninfringement and invalidity arising under the patent laws of the United States, Title 35 of the United States Code. 8. An actual controversy exists between Symantec and RPost by virtue of RPosts
assertion of rights under the patents-in-suit based on certain ongoing activity by Symantec. In particular, RPost has asserted that the patents-in-suit relate to email security and specifically identified Symantecs Email Security.cloud (Messagelabs), Encryption Management Server,
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Gateway Encryption Server, Email Policy Based Encryption, Data Leak Prevention (DLP / Vontu) and Email Security Appliance in asserting rights under the patents-in-suit. 9. Symantec contends that it has a right to engage in making, using, offering to sell,
and selling its products, including its email security products, without license from RPost. PERSONAL JURISDICTION AND VENUE 10. The Court has personal jurisdiction over RPost because RPost has conducted
substantial business in (and has substantial contact with) this District. Among other things, RPost has sent letters to Symantec in this District accusing it of infringing the patents-in-suit and offering to develop[] a meaningful integrated product offering with Symantec. Symantec, who RPost accuses of infringing the patents-in-suit, resides in this District. On information and belief, RPost also has accused others in this District of infringement, and negotiated and entered into agreements with others who reside in this District. For example, on information and belief, on February 17, 2006, RPost International Limited and RPost US, Inc., corporate entities closely affiliated with RPost, filed a complaint in this District seeking declaratory judgment against Authentix Authentication Technologies Ltd. and Propat International Corporation that U.S. Patent No. 6,182,219 was not infringed and/or was invalid. RPost has informed Symantec that it is now the owner of U.S. Patent No. 6,182,219 and has recommended that Symantec review that patent. On information and belief, RPost and/or its affiliated companies also market, offer for sale and sell products in this District. See, e.g., www.rpost.com. For example, RPost lists Sendmail as one of its Technology Partners. See www.rpost.com/partners/technology-partners. Sendmail is headquartered in Sunnyvale, California, which is located in this District. See www.sendmail.com/sm/contact/. 11. Venue is proper in this judicial district pursuant to 28 U.S.C. 1391 in that a
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substantial part of the acts giving rise to the claim occurred in this judicial district, and because RPost is subject to personal jurisdiction in this judicial district. INTRADISTRICT ASSIGNMENT 12. Pursuant to Civil L.R. 3-2(c), this action is to be assigned on a district-wide basis
because it is an intellectual property action.

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FACTUAL BACKGROUND 13. On August 6, 2013, the United States Patent and Trademark Office (PTO) issued
the 628 patent entitled System And Method For Verifying Delivery And Integrity Of Electronic Messages. The 628 patent states on its face that it was filed on June 4, 2010. The 628 patent states on its face that it was assigned to RPost Communications. A true and correct copy of the 628 patent is attached to this Complaint as Exhibit A. 14. On June 26, 2012, the PTO issued the 389 patent entitled System And Method
For Verifying Delivery And Integrity Of Electronic Messages. The 389 patent states on its face that it was filed on December 29, 2010. The 389 patent states on its face that it was assigned to RPost Communications. A true and correct copy of the 389 patent is attached to this Complaint as Exhibit B. 15. On June 18, 2013, the PTO issued the 199 patent entitled System And Method
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For Verifying Delivery And Integrity Of Electronic Messages. The 199 patent states on its face that it was filed on June 25, 2012 and that it is related to a provisional application filed on December 17, 1999. The 199 patent states on its face that it was assigned to RPost International. A true and correct copy of the 199 patent is attached to this Complaint as Exhibit C. 16. On July 17, 2012, the PTO issued the 913 patent entitled System And Method
For Verifying Delivery And Integrity Of Electronic Messages. The 913 patent states on its face that it was filed on November 22, 2010. The 913 patent states on its face that it was assigned to RPost Communications. A true and correct copy of the 913 patent is attached to this Complaint as Exhibit D. 17. On June 21, 2011, the PTO issued the 372 patent entitled System And Method
For Verifying Delivery And Integrity Of Electronic Messages. The 372 patent states on its face that it was filed on July 27, 2000. The 372 patent states on its face that it was assigned to RPOST International Limited (BM). A true and correct copy of the 372 patent is attached to this Complaint as Exhibit E. 18. On September 13, 2013, Ray Owens of RPost sent a letter to Scott Taylor,
Executive Vice President, General Counsel and Secretary of Symantec Corporation, with the Re:
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line Second Patent Infringement Notice. The September 13 letter alleges that RPost had sent an earlier letter which was not received by Symantec, and further stated that we believe the Symantecs Email Security.cloud (Messagelabs), Encryption Management Server, Gateway Encryption Server, Email Policy Based Encryption, Data Leak Prevention (DLP / Vontu) and Email Security Appliance, at least the content filtering, data leak prevention, quarantine, and email encryption functions, are using RPost patent US 8,504,628, without permission or license RPost further asserted that Symantec has been well informed about RPosts service offering and pending and granted patents since 2004, when Symantec was an investor in RPost and held a seat on RPosts board of directors. 19. On October 8, 2013, Angela Ziegenhorn, Senior Director, Symantec Corporation
sent a letter to Ray Owens of RPost stating that Symantec firmly disagree[s] that any of the accused Symantec products infringe the referenced RPosts patents Ms. Ziegenhorn also stated that any claims against Symantec Corporation have been released by virtue of the settlement of the Barton v. RPost Int'l Ltd, et al (and Symantec) lawsuit (Case No. YC061581). 20. The settlement agreement in the Barton v. RPost Int'l Ltd, et al. lawsuit was
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entered into in order to resolve litigation claims between the parties. As part of the agreement, RPost provided a release for Symantec as to any then-existing IP claims. Each of the patents-insuit was either filed or claims priority to an application that was filed prior to the execution of the settlement agreement. 21. On October 14, 2013, Ray Owens of RPost sent an email to Ms. Ziegenhorn with a
subject line: RPost Patent Notice to Symantec - Final Letter. In the email Mr. Owens stated [w]e understand that you have given your response to our claim of patent infringement in your abovementioned letter. RPost further stated [w]e believe we have acted in a courteous manner, to properly inform you of your infringement of specific RPost patents by specific services you offer. We believe we have provided the detail needed for you, or through your counsel, to assess your infringement, with specificity RPost further requested that Symantec immediately cease and desist from manufacture, use, or offer for sale RPosts patented technology through your products and services that contain RPosts patented technology. Mr. Owens email
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included an attachment: we have attached to this letter a more detailed analysis of Symantecs infringement of several RPost patents with inserted evidence that aligns with specific patent claims. 22. RPosts October 14, 2013 email included a document marked Confidential
Communication Subject to FRE 408 for Content of Analysis in Addition to Associated Discussion. The document includes infringement allegations for the patents-in-suit. 23. On January 15, 2014, Symantec Corporation filed petitions with the PTO
requesting inter partes review of the 628 patent, the 199 patent and the 372 patent. 24. Symantec does not infringe the patents-in-suit and the patents-in-suit are invalid.
Additionally, RPost released all then-existing claims against Symantec regarding the patents-insuit pursuant to the parties October 25, 2011 settlement agreement. Accordingly, an actual and justiciable controversy exists between Symantec and RPost as to whether Symantec infringes any valid claim of the patents-in-suit. Absent a declaration of noninfringement, invalidity, or release of all claims regarding the patents-in-suit, RPost will continue to wrongly assert the patents-insuit against Symantec, and thereby cause Symantec irreparable harm. FIRST CLAIM FOR RELIEF (Declaratory Relief Regarding Noninfringement of U.S. Patent No. 8,504,628) 25. Symantec restates and incorporates by reference each of the allegations set forth
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in paragraphs 1 through 23 above, as if fully set forth herein. 19 26. 20 patent. 21 27. 22 interest in the 628 patent, including the right to assert all causes of action arising under that 23 patent and the right to any remedies for infringement of it. 24 28. 25 contributorily or otherwise, through its or its customers activities in conjunction with any of 26 Symantecs products or services. 27 29. 28
RPost contends that Symantec has or is infringing one or more claims of the 628
On information and belief, RPost claims to be the owner of all right, title and
Symantec does not infringe any claim of the 628 patent, directly or indirectly,
As set forth above, an actual and justiciable controversy exists between Symantec
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and RPost as to Symantecs noninfringement of the 628 patent. 30. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
Symantec requests that this Court enter a judgment that Symantec does not infringe, under any theory of infringement, any valid claim of the 628 patent. SECOND CLAIM FOR RELIEF (Declaratory Relief Regarding Invalidity of U.S. Patent No. 8,504,628) 31. Symantec restates and incorporates by reference each of the allegations set forth
7 in paragraphs 1 through 29 above, as if fully set forth herein. 8 32. 9 33. 10 the conditions for patentability set forth in Title 35 of the United States Code, including without 11 limitation 35 U.S.C. 101, 102, 103, and/or 112.
Upon information and belief, RPost contends that the 628 patent is valid. The claims of the 628 patent are invalid for failure to comply with one or more of
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ATTORNEYS AT LAW
34.
SAN FRANCISCO
13 and RPost as to whether the claims of the 628 patent are invalid. 14 35. 15 Symantec requests that this Court enter a judgment that the claims of the 628 patent are invalid 16 pursuant to Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 17 102, 103, and/or 112. 18 19 20 21 22 23 24 25 26 27 28 patent. 38. The parties October 25, 2011 Stipulation of Settlement of Claims Involving THIRD CLAIM FOR RELIEF (Declaratory Relief Regarding Release of Claims Regarding U.S. Patent No. 8,504,628) 36. Symantec restates and incorporates by reference each of the allegations set forth Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
in paragraphs 1 through 34 above, as if fully set forth herein. 37. RPost contends that Symantec has or is infringing one or more claims of the 628
Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost International Limited, et al., Case No. YC061581, Superior Court of California, County of Los Angeles-Southwest District released Symantec from all then-existing IP claims by RPost. 39. The 628 patent was filed June 4, 2010, prior to the execution of the settlement 7
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agreement. 40. As set forth above, an actual and justiciable controversy exists between Symantec
and RPost as to whether RPost has released all claims against Symantec regarding the 628 patent. 41. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
Symantec requests that this Court enter a judgment that RPost has released all claims against Symantec regarding the 628 patent. FOURTH CLAIM FOR RELIEF (Declaratory Relief Regarding Noninfringement of U.S. Patent No. 8,209,389) 42. Symantec restates and incorporates by reference each of the allegations set forth
in paragraphs 1 through 40 above, as if fully set forth herein. 11 43.

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ATTORNEYS AT LAW
patent.
SAN FRANCISCO
13 44. 14 interest in the 389 patent, including the right to assert all causes of action arising under that 15 patent and the right to any remedies for infringement of it. 16 45. 17 contributorily or otherwise, through its or its customers activities in conjunction with any of 18 Symantecs products or services. 19 46. 20 and RPost as to Symantecs noninfringement of the 389 patent. 21 47. 22 Symantec requests that this Court enter a judgment that Symantec does not infringe, under any 23 theory of infringement, any valid claim of the 389 patent. 24 25 26 27 28 48. FIFTH CLAIM FOR RELIEF (Declaratory Relief Regarding Invalidity of U.S. Patent No. 8,209,389) Symantec restates and incorporates by reference each of the allegations set forth Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq., As set forth above, an actual and justiciable controversy exists between Symantec Symantec does not infringe any claim of the 389 patent, directly or indirectly, On information and belief, RPost claims to be the owner of all right, title and
in paragraphs 1 through 46 above, as if fully set forth herein. 49. Upon information and belief, RPost contends that the 389 patent is valid. 8
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50.
The claims of the 389 patent are invalid for failure to comply with one or more of
the conditions for patentability set forth in Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 102, 103, and/or 112. 51. As set forth above, an actual and justiciable controversy exists between Symantec
and RPost as to whether the claims of the 389 patent are invalid. 52. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
Symantec requests that this Court enter a judgment that the claims of the 389 patent are invalid pursuant to Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 102, 103, and/or 112. SIXTH CLAIM FOR RELIEF (Declaratory Relief Regarding Release of Claims Regarding U.S. Patent No. 8,209,389) 53. Symantec restates and incorporates by reference each of the allegations set forth
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ATTORNEYS AT LAW
in paragraphs 1 through 51 above, as if fully set forth herein.

SAN FRANCISCO
13 54. 14 patent. 15 55. 16 Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost 17 International Limited, et al., Case No. YC061581, Superior Court of California, County of Los 18 Angeles-Southwest District released Symantec from all then-existing IP claims by RPost. 19 56. 20 settlement agreement. 21 57. 22 and RPost as to whether RPost has released all claims against Symantec regarding the 389 23 patent. 24 58. 25 Symantec requests that this Court enter a judgment that RPost has released all claims against 26 Symantec regarding the 389 patent. 27 28
The parties October 25, 2011 Stipulation of Settlement of Claims Involving
The 389 patent was filed December 29, 2010, prior to the execution of the
Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
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SEVENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Noninfringement of U.S. Patent No. 8,468,199) 59. Symantec restates and incorporates by reference each of the allegations set forth
in paragraphs 1 through 57 above, as if fully set forth herein. 60. patent. 61. On information and belief, RPost claims to be the owner of all right, title and RPost contends that Symantec has or is infringing one or more claims of the 199
interest in the 199 patent, including the right to assert all causes of action arising under that patent and the right to any remedies for infringement of it. 62. Symantec does not infringe any claim of the 199 patent, directly or indirectly,
contributorily or otherwise, through its or its customers activities in conjunction with any of Symantecs products or services. 63. As set forth above, an actual and justiciable controversy exists between Symantec
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Symantec requests that this Court enter a judgment that Symantec does not infringe, under any theory of infringement, any valid claim of the 199 patent. EIGHTH CLAIM FOR RELIEF (Declaratory Relief Regarding Invalidity of U.S. Patent No. 8,468,199) 65. Symantec restates and incorporates by reference each of the allegations set forth
in paragraphs 1 through 63 above, as if fully set forth herein. 66. 67. Upon information and belief, RPost contends that the 199 patent is valid. The claims of the 199 patent are invalid for failure to comply with one or more of
Symantec requests that this Court enter a judgment that the claims of the 199 patent are invalid
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pursuant to Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 102, 103, and/or 112. NINTH CLAIM FOR RELIEF (Declaratory Relief Regarding Release of Claims Regarding U.S. Patent No. 8,468,199) 70. Symantec restates and incorporates by reference each of the allegations set forth
in paragraphs 1 through 68 above, as if fully set forth herein. 6 71. 7 patent. 8 72. 9 Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost 10 International Limited, et al., Case No. YC061581, Superior Court of California, County of Los 11 Angeles-Southwest District released Symantec from all then-existing IP claims by RPost.
The parties October 25, 2011 Stipulation of Settlement of Claims Involving
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73.
SAN FRANCISCO
The 199 patent claims priority to a provisional application filed December 17,
13 1999, prior to the execution of the settlement agreement. 14 74. 15 and RPost as to whether RPost has released all claims against Symantec regarding the 199 16 patent. 17 75. 18 Symantec requests that this Court enter a judgment that RPost has released all claims against 19 Symantec regarding the 199 patent. 20 21 22 23 24 25 26 27 28 patent. 78. On information and belief, RPost claims to be the owner of all right, title and TENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Noninfringement of U.S. Patent No. 8,224,913) 76. Symantec restates and incorporates by reference each of the allegations set forth Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq., As set forth above, an actual and justiciable controversy exists between Symantec
interest in the 913 patent, including the right to assert all causes of action arising under that patent and the right to any remedies for infringement of it.
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79.
contributorily or otherwise, through its or its customers activities in conjunction with any of Symantecs products or services. 80. As set forth above, an actual and justiciable controversy exists between Symantec
Symantec requests that this Court enter a judgment that Symantec does not infringe, under any theory of infringement, any valid claim of the 913 patent. ELEVENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Invalidity of U.S. Patent No. 8,224,913) 82. Symantec restates and incorporates by reference each of the allegations set forth
11 in paragraphs 1 through 80 above, as if fully set forth herein.

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83.
SAN FRANCISCO
Upon information and belief, RPost contends that the 913 patent is valid. The claims of the 913 patent are invalid for failure to comply with one or more of
13 84. 14 the conditions for patentability set forth in Title 35 of the United States Code, including without 15 limitation 35 U.S.C. 101, 102, 103, and/or 112. 16 85. 17 and RPost as to whether the claims of the 913 patent are invalid. 18 86. 19 Symantec requests that this Court enter a judgment that the claims of the 913 patent are invalid 20 pursuant to Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 21 102, 103, and/or 112. 22 23 24 25 26 27 28 patent. 89. The parties October 25, 2011 Stipulation of Settlement of Claims Involving 12 TWELFTH CLAIM FOR RELIEF (Declaratory Relief Regarding Release of Claims Regarding U.S. Patent No. 8,224,913) 87. Symantec restates and incorporates by reference each of the allegations set forth Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq., As set forth above, an actual and justiciable controversy exists between Symantec
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Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost International Limited, et al., Case No. YC061581, Superior Court of California, County of Los Angeles-Southwest District released Symantec from all then-existing IP claims by RPost. 90. The 913 patent was filed on November 22, 2010, prior to the execution of the
settlement agreement. 91. As set forth above, an actual and justiciable controversy exists between Symantec
and RPost as to whether RPost has released all claims against Symantec regarding the 913 patent. 92. Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,
Symantec requests that this Court enter a judgment that RPost has released all claims against Symantec regarding the 913 patent. THIRTEENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Noninfringement of U.S. Patent No. 7,966,372) 93. Symantec restates and incorporates by reference each of the allegations set forth
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in paragraphs 1 through 91 above, as if fully set forth herein. 15 94. 16 patent. 17 95. 18 interest in the 372 patent, including the right to assert all causes of action arising under that 19 patent and the right to any remedies for infringement of it. 20 96. 21 contributorily or otherwise, through its or its customers activities in conjunction with any of 22 Symantecs products or services. 23 97. 24 and RPost as to Symantecs noninfringement of the 372 patent. 25 98. 26 Symantec requests that this Court enter a judgment that Symantec does not infringe, under any 27 theory of infringement, any valid claim of the 372 patent. 28
On information and belief, RPost claims to be the owner of all right, title and
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FOURTEENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Invalidity of U.S. Patent No. 7,966,372) 99. Symantec restates and incorporates by reference each of the allegations set forth
in paragraphs 1 through 97 above, as if fully set forth herein. 100. 101. Upon information and belief, RPost contends that the 372 patent is valid. The claims of the 372 patent are invalid for failure to comply with one or more of
Symantec requests that this Court enter a judgment that the claims of the 372 patent are invalid pursuant to Title 35 of the United States Code, including without limitation 35 U.S.C. 101, 102, 103, and/or 112. FIFTEENTH CLAIM FOR RELIEF (Declaratory Relief Regarding Release of Claims Regarding U.S. Patent No. 7,966,372) 104. Symantec restates and incorporates by reference each of the allegations set forth
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in paragraphs 1 through 102 above, as if fully set forth herein. 105. patent. 106. The parties October 25, 2011 Stipulation of Settlement of Claims Involving RPost contends that Symantec has or is infringing one or more claims of the 372
Defendants Symantec Corporation, Henri Isenberg and Charles Breed in Kenneth Barton v. RPost International Limited, et al., Case No. YC061581, Superior Court of California, County of Los Angeles-Southwest District released Symantec from all then-existing IP claims by RPost. 107. agreement. 108. As set forth above, an actual and justiciable controversy exists between Symantec The 372 patent was filed on July 27, 2000, prior to the execution of the settlement
and RPost as to whether RPost has released all claims against Symantec regarding the 372 patent.
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109.
Symantec requests that this Court enter a judgment that RPost has released all claims against Symantec regarding the 372 patent. PRAYER FOR RELIEF WHEREFORE, Symantec respectfully prays for judgment in favor of Symantec and against RPost, as follows: A. For a judicial determination and declaration that Symantec has not infringed and is
not infringing, directly or indirectly, any claim of the patents-in-suit; B. invalid; C. For a judicial determination and declaration that RPost has released all claims For a judicial determination and declaration that each claim of the patents-in-suit is
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against Symantec regarding patents-in-suit; D. For injunctive relief against RPost, and all persons acting on its behalf or in
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concert with it, restraining them from further prosecuting or instituting any action against Symantec or Symantecs customers claiming that the patents-in-suit are valid or infringed, or for representing that Symantecs products or services, or that others use thereof, infringe the patentsin-suit; E. For a declaration that this case is exceptional under 35 U.S.C. 285 and for an
award of attorneys fees and costs in this action; and F. For such other and further relief as this Court may deem just and proper.
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DEMAND FOR JURY TRIAL Symantec hereby demands a jury trial on all issue and claims so triable. Dated: January 15, 2014 FENWICK & WEST LLP
By: /s/ Michael J. Sacksteder Michael J. Sacksteder Attorneys for Plaintiff SYMANTEC CORPORATION
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UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11

because it is an intellectual property action.

COMPLAINT FOR DECLARATORY JUDGMENT

in paragraphs 1 through 40 above, as if fully set forth herein. 11 43.

COMPLAINT FOR DECLARATORY JUDGMENT

in paragraphs 1 through 51 above, as if fully set forth herein.

The parties October 25, 2011 Stipulation of Settlement of Claims Involving

Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,

The parties October 25, 2011 Stipulation of Settlement of Claims Involving

11 in paragraphs 1 through 80 above, as if fully set forth herein.

COMPLAINT FOR DECLARATORY JUDGMENT

Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,

Pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 et seq.,

COMPLAINT FOR DECLARATORY JUDGMENT

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