Exhibit 5

Case 6:20-cv-00369-ADA Document 1-5 Filed 05/07/20 Page 1 of 8
Page 1

U.S. Patent No. 8,018,852 (“’852 Patent”)

Exemplary Accused Product

NetApp products, including at least each of the following products (and their variations) infringe at least Claim 1 of the ’852 

Patent: NetApp ONTAP OS and storage and network controllers running ONTAP OS. The infringement chart below is based on the 

NetApp ONTAP 9 OS (“ONTAP 9”), which is exemplary of the infringement of the ’852 Patent.

Claims ONTAP 9

[1pre]. A equal-cost source-resolved 

(ECSR) port selection method for 

transmitting an outbound flow, for a 

conversation, from a first node to a 

second node in a distributed network 

comprising one or more routing devices, 

the method comprising the steps of:

ONTAP 9 enabled devices perform an equal-cost source-resolved (ECSR) port 

selection method for transmitting an outbound flow from a source node to a destination 

node in a distributed network comprising one or more routers. 

https://library.netapp.com/ecmdocs/ECMP1114171/html/GUID-44BF66B6-A777-

4152-B4D3-8ECB221EBBD9.html

Port-based load balancing 

You can equalize traffic on a multimode interface group based on the transport layer (TCP/UD P) ports by using the port-based load-ba lancing method . 

The port-based load-balancing method uses a fast hashing algorithm on the source and destination IP addresses along with the transport layer port number. 

Host1 

IP - 0 10 20 

MAC - 00 00 .aa bb 

j 

IP - 1010 

MAC - 00 00 aa aa 

IP - 10103 

MAC - 00 00 cc cc 

I IP - 10103 100 

MAC - 00 00.cc dd I 

NetApp 

Controller 

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https://www.netapp.com/us/media/tr-3802.pdf

[1a] at a switching device: ONTAP 9 is executed on a switching device. 

Switch A 

NetApp 

Controler 

Switch 8 

Second Level 

Single-mode VIF 

F t Level 

Multi-mode VIF 

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[1b] identifying a plurality of ports 

associated with minimal equal-cost paths 

from the first node to the second node;

ONTAP 9 identifies a plurality of ports associated with minimal equal-cost paths from 

the first node to the second node.

https://www.netapp.com/us/media/tr-4182.pdf

Switch A 

• Ports: 

1111 1111 

NetApp 

Controller 

Switch B 

Second Level 

Single-mode VIF 

First Level 

Multi-mode VIF 

- Physical ports: These ports are used for various functions and can have different types of 

configurations . 

- Logical ports: Virtual LANs (VLANs)/(802.1 Q) and interface groups (IFGRPs) make up the 

options for logical ports. 

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[1c] if an inbound flow, for the 

conversation, received from the second 

node is detected on a first port of the 

plurality of ports of the first node, then 

associating a network address of the 

inbound flow with the first port on which 

it was received; and

ONTAP 9 associates a network address of the inbound flow with the first port on which 

it was received if an inbound flow, for the conversation, received from the second node 

is detected on a first port of the plurality of ports of the first node. 

https://kb.netapp.com/app/answers/answer_view/a_id/1002602/~/how-does-ip-fastpath-functionPort bonding methods are available on both the network and storage components to aggregate multiple 

physical links into a single virtual interface. A load balancing algorithm distributes traffic across the physical 

links in the channel to provide additional performance and redundancy within the network. 

The terminology for this technology sometimes differs between NetApp and the networking industry, which can 

cause confusion. While the network industry uses terms such as EtherChannel or port-channel, NetApp calls 

these Multi-Mode VIFs, or virtual interfaces. An incorrect term that's sometimes used is "trunked Interfaces" or 

"trunk". The term "trunk" or "trunking• should be avoided, since the networking industry 

already uses the term trunk to describe VLAN trunking. 

Load balancing In multlmode Interface groups 

You can ensure that al Interfaces of a muttlmode lnlerface group are equaly utlzed for outgoing traffic by usi,g the IP address, MAC address, roood--robtn . or port based load-balancing melhods to distribule netwonc traffic equally 

over the network poru; of a multlmode Interface group. 

Fast path is an alternative routing mechanism to the routing table, in which the responses to incoming network traffic are sent back 

by using the same interface as the incoming traffic. By avoid ing the routing tab le lookup, fast path provides a shorter route for data 

access. Fast path is used in all TCP and NFS/UDP protocols. 

By default. fast path is enabled on the storage system; however, you can disable it. 

Load balancing in multimode interface groups 

Yoo can ensure 11\at all rilertaces ot a 11'Jffirnode ,1ertace group are equal~ u1iized let ootgoilg lraffic by using the IP address, MAC address, round-rob", or port based load-balancing methods to dolribute net'Mll1< traffic equal ly 

over Ille net.Yale ports ot a 11'lffirnode ,1ertace group. 

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https://library.netapp.com/ecmdocs/ECMP1114171/html/GUID-27EAC723-A07A4F60-A1AC-8E91AE6AE82E.html

https://library.netapp.com/ecmdocs/ECMP1114171/html/GUID-44BF66B6-A777-

4152-B4D3-8ECB221EBBD9.html

https://kb.netapp.com/app/answers/answer_view/a_id/1001531/~/how-does-loadbalancing-on-a-vif-work%3Fhttps://kb.netapp.com/app/answers/answer_view/a_id/1001531/~/how-does-loadbalancing-on-a-vif-work%3F-

[1d] transmitting the outbound flow from 

the first port of the first node to the 

second node based on the network 

address associated with the inbound flow.

ONTAP 9 transmits the outbound flow from the first port of the first node to the second 

node based on the network address associated with the inbound flow. 

Port-based load balancing 

You can equalize traffic on a multimode interface group based on the transport layer (TCP/UDP) ports by using the port-based load-ba lancing method . 

The port-based load-balanc ing method uses a fast hashing algorithm on the source and desUnation IP addresses along with the transport layer port number. 

4. Port - Traffic balancing based on source and dest inat ion IP addresses along with the transport layer port number . Also referred 

to as IP+port. Available in Data ONTAP versions 7.3.1D3 and post 7.3.2. Because this choice adds the TCP/ UDP port number to 

the calculation, a single host can have multiple TCP streams to the Storage Controller, each stream using a different member 

interface within the VIF/ifgrp. This can allow for bandwidth usage that is higher than the throughput possible in a single 

member interface. 

As of Data ONTAP 7.3.2, a multimode or LACP ifg rp/vif uses an implementation of a "SuperFastHash", utilizing the last 16 bits of the 

source and destination IP addresses (-b ip), the last 16 bits of the source and destination MAC addresses (-b mac), or the last 16 bits 

of the source and destination IP addresses in combination with the source and destination TCP port (-b port) . 

The output of the algorithm results in a far more dynamic, more balanced distribution than the algorithm used in versions 

of Data ONTAP prior to 7.3.2. The result is still the same, however, in that each TCP stream will associate with only one interface, 

allowing for only one port's worth of bandwidth per TCP stream. 

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https://library.netapp.com/ecmdocs/ECMP1114171/html/GUID-8276014A-16EB-4902-

9EDC-868C5292381B.html

https://kb.netapp.com/app/answers/answer_view/a_id/1002602/~/how-does-ip-fastpath-functionhttps://kb.netapp.com/app/answers/answer_view/a_id/1002602/~/how-does-ip-fastpath-functionHow last path works 

Fastpell'lis1na!temativel'Wbngmed'lanlsml01heroutr1gtable ,lnlastpad\tneresp:,nses10lnoomlngnetwor'ic:taffiearesertbacltbyusinglhesamemerfaceasthen::uMgb"lfflc.By1voldi')gtherout,igllblelookuP.fastpl\hprovlOes1QIIO:acc:ess10datl . 

llaltpalllstnabledonanlnter1acegroupand1ptr)'SiC81rt!-1aeei'IINl~reoe/Yesan~request,lhesamepnys,c:alktlertaoe~notsendaresponse101he,equestnteld,anyOCherphylicali'rteffacelnanh1erfaoeg'OJPtw1sendlheresponse, 

How fast path wor1t1 with NFS/UDP 

NFSi\JOPta!lcuses lastpiall'I Ottf wl'lensending I replylO I request. The reptypec:ketissentouton riesame netwcrtlnlertace Nlrec:eived lhe~p,KQL 

F«example, asacragesystemnameda:steruseslhetoaSlef41interfac:elORndrepl'fpacketllnmponselONFSIUOPrequestlrecefWldonlhei>aster-elritettace . 

Fast pell'I itused ontt i'INFSIUOP. However , fast paih. not used i'I omer UDP-based NFS MIVICeS such. porrnapper , fflCU'lil, and nlm. 

Fast path is an alternative routing mechanism to the routing tab le, in which the responses to incoming network traff ic are sent back 

by using the same interface as the incoming traffic. By avoiding the routing table lookup, fast path provides a shorter route for data 

access. Fast path is used in all TCP and NFS/UDP protocols. 

By default , fast path is enabled on the storage system; however, you can disable it. 

0 Load balancing between multiple network interfaces on the same subnet. 

Load balancing is achieved by sending responses on the same interface of your storage system that receives the incoming 

requests. 

If fast path is enabled on an interface group and a physical interface in that group receives an incoming request, fast path 

does not govern which physical interface group member port sends a response to the request (this is specifically related to 

LACP or static multi mode interface group). In an interface group, the interface selected when transmitting a packet is 

determined based upon the configured load balancing policy, and incoming traffic will arrive based upon how the 

neighboring switch utilizes its own load balancing policy to select ports when transmitting traffic. 

0 Improved storage system performance by skipping routing table lookups. For more infor mation on how rout ing in Data 

ONTAP works, see 1014265: Triage Template - How to troubleshoot Default Route/ Routing Issues in Data ONTAP 7-Mode 

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https://kb.netapp.com/app/answers/answer_view/a_id/1001531/~/how-does-loadbalancing-on-a-vif-work%3Fhttps://kb.netapp.com/app/answers/answer_view/a_id/1001531/~/how-does-loadbalancing-on-a-vif-work%3Fhttps://www.netapp.com/us/media/tr-3802.pdf

Remember, the load balancing in an IFGRP occurs on outbound traffic, not inbound traffic. So, 

when a response is being sent back to a requester, the load-balancing algorithm comes into play 

to determine which "path" is optimal to use to send the response back. Also, it's important to note 

that the preceding load-balancing options might differ from other settings in the environment. You 

should thoroughly check other devices that might be connected to the ports on the nodes in the 

cluster. If you use "port" on the IFGRP configuration on the cluster, make sure that the switch port 

on the Cisco, Juniper, Brocade, or other device is also configured in the same way. 

4. Port - Traffic balancing based on source and destination IP addresses along with the transpor t layer port number . Also referred 

to as IP+port . Available in Data ONTAP versions 7.3.1D3 and post 7.3.2. Because thi s choice adds the TCP/UDP port number to 

the calculation , a single host can have mu ltiple TCP strea ms to the Storage Controller, each stream using a different member 

interface within the VIF/ifgrp. This can allow for bandwidth usage that is higher than the throughput possible in a single 

member interf ace. 

As of Data ONTAP 7.3.2, a multimode or LACP ifgrp/vif uses an implementat ion of a "SuperFastHash", utilizing the last 16 bits of the 

source and destination IP addresses (-b ip), the last 16 bits of the source and destination MAC addresses (-b mac), or the last 16 bits 

of the source and destination IP addresses in combination with the source and destinat ion TCP port (-b port). 

The output of the algorithm results in a far more dynamic, more balanced distribution than the algorithm used in versions 

of Data ONTAP prior to 7.3.2. The result is still the same, however, in that each TCP stream will associate with only one interface, 

allowing for only one port's worth of bandw idth per TCP stream. 

Note that because the last octet of the source and destination IP address are the only parts that are used in 

the load balancing calculation, devices that share a common last octet will end up hashing to the same 

physical link across a channel, even if they are in different subnets. 

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