Case 1:21-cv-10704-MBB Document 1 Filed 04/28/21 Page 1 of 8

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF MASSACHUSETTSCYBERSOFT IP, LLC))))))))

Plaintiff,v.
KASPERSKY LAB, INC.
Defendant.

Civil Action No. 1:21-cv-10704
JURY TRIAL DEMANDEDPLAINTIFF’S ORIGINAL COMPLAINT FOR PATENTINFRINGEMENT
Cybersoft IP, LLC (“Cybersoft”) files this Original Complaint and demandfor jury trial seeking relief from patent infringement of the claims of U.S. PatentNo. 6,763,467 (“the ‘467 patent”) (referred to as the “Patent-in-Suit”) by Kaspersky
Lab, Inc. (“Kaspersky”).
I.

THE PARTIES
1.

Plaintiff Cybersoft is a Texas Limited Liability Company with its principal

place of business located in Harris County, Texas.
2. On information and belief, Kaspersky is a corporation existing under thelaws of the State of Massachusetts, with a principal place of business located at 500
Unicorn Park Dr., #300, Woburn, Massachusetts, 01801. On information and belief,
Kaspersky sells and offers to sell products and services throughout Massachusetts,
including in this judicial district, and introduces products and services that perform
infringing methods or processes into the stream of commerce knowing that they1

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would be sold in Massachusetts and this judicial district. Kaspersky may be served
through their registered agent Angelo Gentile, 500 Unicorn Park Dr., #300,Woburn, Massachusetts, 01801 or wherever they may be found.
II.

JURISDICTION AND VENUE
3. This Court has original subject-matter jurisdiction over the entire action

pursuant to 28 U.S.C. §§ 1331 and 1338(a) because Plaintiff’s claim arises underan Act of Congress relating to patents, namely, 35 U.S.C. § 271, et. seq.
4. This Court has personal jurisdiction over Defendant because: (i) Defendantis present within or has minimum contacts within the State of Massachusetts andthis judicial district; (ii) Defendant has purposefully availed itself of the privilegesof conducting business in the State of Massachusetts and in this judicial district;and (iii) Plaintiff’s cause of action arises directly from Defendant’s businesscontacts and other activities in the State of Massachusetts and in this judicial
district.
5. Venue is proper in this district under 28 U.S.C. §§ 1391(b) and 1400(b).
Defendant has committed acts of infringement and has a regular and establishedplace of business in this District. Further, venue is proper because Defendantconducts substantial business in this forum, directly or through intermediaries,
including: (i) at least a portion of the infringements alleged herein; and (ii) regularly
doing or soliciting business, engaging in other persistent courses of conduct and/orderiving substantial revenue from goods and services provided to individuals in
Massachusetts and this District.

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Case 1:21-cv-10704-MBB Document 1 Filed 04/28/21 Page 3 of 8III.

INFRINGEMENTA.

Infringement of the ‘467 Patent
6. On July 13, 2004, U.S. Patent No. 6,763,467 (“the ‘467 patent”, attached asExhibit A) entitled “Network Traffic Intercepting Method and System” was duly
and legally issued by the U.S. Patent and Trademark Office. Cybersoft owns the‘467 patent by assignment.
7. The ‘467 patent relates to a novel and improved method and system forprotecting computers from invasion by viruses, trojan horses, worms, and othermalicious algorithms.
8. Kaspersky maintains, operates, and administers online and software based
training

platforms, products and services that facilitate remote training that

infringes claim 1 of the ‘467 patent, literally or under the doctrine of equivalents.
Defendant put the inventions claimed by the ‘467 Patent into service (i.e., usedthem); but for Defendant’s actions, the claimed-inventions embodiments involving
Defendant’s products and services would never have been put into service.
Defendant’s acts complained of herein caused those claimed-invention
embodiments as a whole to perform, and Defendant’s procurement of monetary andcommercial benefit from it.
9. Support for the allegations of infringement may be found in the following
preliminary table:

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1. A method conducted within a single
computer system connected to a
network for intercepting, examining,and controlling data flowing via
transport connections between thetransport layer of an operating system
and user applications, said method
comprising the steps of:“Kaspersky Secure Mail Gateway lets you deploy avirtual mail gateway and integrate it into the existing
corporate mail infrastructure.
An operating system, mail server, and Kaspersky Lab
anti-virus application are preinstalled on the virtual
mail gateway.
Kaspersky Secure Mail Gateway protects incoming andoutgoing email against malware and spam andperforms content filtering ofmessages.
Kaspersky Secure Mail Gateway:• Scans incoming and outgoing email for spam,phishing, and malware. To respond to new threats
promptly, Kaspersky Secure Mail Gateway protection
components can use information from Kaspersky
Security Network.” [1]“Sends and receives messages via a secure
TLS/SSL link.” [1]a) intercepting all said data flowing “Kaspersky Secure Mail Gateway:
between said transport layer and said • Scans incoming and outgoing email for spam,user application;
phishing, and malware. To respond to new threats
promptly, Kaspersky Secure Mail Gateway protection
components can use information from Kaspersky
Security Network.” [1]b) examining said data for information
content, which comprises examining
said data streams to determine if they
are scannable for information content
or nonscannable for information
content; passing said nonscannable
data streams to said user application;and passing said scannable data
streams to said processing step (c)wherein said information content“Detects and blocks messages containing encrypted
objects, deletes messages or attachments, and places
copies of messages in Backup.” [2]“Scans incoming and outgoing email messages for
spam, phishing and malware, and, when integrated
with KATA, scans messages for signs of targeted
attacks into the corporate IT infrastructure.” [2]4Case 1:21-cv-10704-MBB Document 1 Filed 04/28/21 Page 5 of 8includes the presence of proscribed
data; and,c) processing said data, including
scanning said data for said proscribed
data, based on said information
content to protect the computer
system and the network by preventing
said computer system and networkfrom accessing proscribed data,“Kaspersky Secure Mail Gateway:• Scans incoming and outgoing email messages for
spam, phishing and malware, and, when integrated
with KATA, scans messages for signs of targeted
attacks into the corporate IT infrastructure.
To promptly respond to new threats that have not yet
been added to the anti-virus databases, protection
components of Kaspersky Secure Mail Gateway canutilize information from Kaspersky Security
Network…
• Detects and blocks spam, probable spam and massmailings (including marketing mail-outs), deletes
messages, and places copies of messages in Backup.
• Detects messages containing Unicode spoofing. If
Unicode spoofing is detected, the message isconsidered to be spam. The application adds theunicode_spoof tag to the X-KSMG-AntiSpam-Method
message header…
• Detects, blocks, and disinfects infected email
messages and infected attachments, deletes messages
and attachments, and places copies of messages inBackup.” [2]“Saves backup copies of messages in Backup basedon the results of their processing by the Anti-Virus,
Anti-Spam and Anti-Phishing modules, and based on
the results of content filtering and KATA scans ofmessages” [2]c1) wherein said operating system
includes protocols implemented on
top of said transport layer, said
protocols having a plurality of states,
and wherein said processing step (b)further includes the step of parsing,said parsing tracking the state of said
protocols with a parser.

“Detects, blocks, and disinfects infected email
messages and infected attachments, deletes messages
and attachments, and places copies of messages inBackup.” [2]”In the Protocol settings group, select one of the emailtransmission protocols:• SMTP, if you want to configure email transmission
via the SMTP protocol.” [3]References

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https://help.kaspersky.com/KSMG/1.0/en-EN/91686.htm

2https://help.kaspersky.com/KSMG/1.1.2/en-US/154729.htm

3https://help.kaspersky.com/KSMG/1.1/en-US/100478.htm

These allegations of infringement are preliminary and are therefore subject to change.
10. Kaspersky has and continues to induce infringement. Kaspersky has actively encouraged
or instructed others (e.g., its customers and/or the customers of its related companies), andcontinues to do so, on how to use its products and services (e.g., payment products and services
that facilitate purchases from a vendor using a bridge computer) such as to cause infringement ofclaim 1 of the ‘467 patent, literally or under the doctrine of equivalents. Moreover, Kaspersky has
known or should have known of the ‘467 patent and the technology underlying it from at least thedate of issuance of the patent.
11. Kaspersky has and continues to contributorily infringe. Kaspersky has actively encouraged
or instructed others (e.g., its customers and/or the customers of its related companies), andcontinues to do so, on how to use its products and services (e.g., payment products and services
that facilitate purchases from a vendor using a bridge computer) and related services such as tocause infringement of claim 1 of the ‘467 patent, literally or under the doctrine of equivalents.
Moreover, Kaspersky has known or should have known of the ‘467 patent and the technology
underlying it from at least the date of issuance of the patent.
12. Kaspersky has caused and will continue to cause CYBERSOFT damage by direct andindirect infringement of (including inducing infringement of) the claims of the ‘467 patent.
IV.

JURY DEMANDCYBERSOFT hereby requests a trial by jury on issues so triable by right.
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Case 1:21-cv-10704-MBB Document 1 Filed 04/28/21 Page 7 of 8V.

PRAYER FOR RELIEF

WHEREFORE, CYBERSOFT prays for relief as follows:a.

enter judgment that Defendant has infringed the claims of the ‘467 patent throughKaspersky payment links;b.

award CYBERSOFT damages in an amount sufficient to compensate it for Defendant’s
infringement of the ‘467 patent in an amount no less than a reasonable royalty or lostprofits, together with pre-judgment and post-judgment interest and costs under 35 U.S.C.
§ 284;

c.

award CYBERSOFT an accounting for acts of infringement not presented at trial and anaward by the Court of additional damage for any such acts of infringement;d.

declare this case to be “exceptional” under 35 U.S.C. § 285 and award CYBERSOFT its
attorneys’ fees, expenses, and costs incurred in this action;e.

declare Defendant’s infringement to be willful and treble the damages, including attorneys’
fees, expenses, and costs incurred in this action and an increase in the damage award
pursuant to 35 U.S.C. § 284;f.

a decree addressing future infringement that either (i) awards a permanent injunction
enjoining Defendant and its agents, servants, employees, affiliates, divisions, andsubsidiaries, and those in association with Defendant from infringing the claims of thePatents-in-Suit, or (ii) awards damages for future infringement in lieu of an injunction in
an amount consistent with the fact that for future infringement the Defendant will be anadjudicated infringer of a valid patent, and trebles that amount in view of the fact that thefuture infringement will be willful as a matter of law; andg.

award CYBERSOFT such other and further relief as this Court deems just and proper.
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Respectfully submitted,/s/ John T. Martin
John T. Martin, BBO #676344
Michaela M. Weaver, BBO #705985
Limited Appearances as Local Counsel
KJC Law Firm, LLC
1 Exchange Place, 2nd Level
Worcester, MA 01608
jmartin@kjclawfirm.com
mweaver@kjclawfirm.com(617) 720-8447
Ramey & Schwaller, LLP
Attorneys for Cybersoft IP, Inc.
/s/ William P. Ramey, IIIWilliam P. Ramey, III (Pro Hac Vice anticipated)
Texas State Bar No. 24027643
5020 Montrose Blvd., Suite 800
Houston, Texas 77006(713) 426-3923 (telephone)(832) 900-4941 (fax)wramey@rameyfirm.com/s/ Jeffrey Kubiak
Jeffrey Kubiak (Pro Hac Vice anticipated)
Texas State Bar No. 24028470
5020 Montrose Blvd., Suite 800
Houston, Texas 77006(713) 426-3923 (telephone)(832) 900-4941 (fax)jkubiak@rameyfirm.com

Date: April 28, 20218