IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

SAVEITSAFE, LLC, 

Plaintiff,

v.

ORACLE CORPORATION,

Defendant.

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CIVIL ACTION NO. 6:20-cv-00286

JURY TRIAL DEMANDED

ORIGINAL COMPLAINT

Plaintiff SaveItSafe, LLC (“Plaintiff” or “SaveItSafe”), by and through its attorneys, for its 

Original Complaint against Oracle Corporation (“Defendant” or “Oracle”), and demanding trial 

by jury, hereby alleges as follows: 

I. NATURE OF THE ACTION

This is an action for patent infringement arising under the patent laws of the United 

States, 35 U.S.C. §§ 271, et seq., to enjoin and obtain damages resulting from Defendant’s

unauthorized use, sale, and offer to sell in the United States of products, methods, processes, 

services and/or systems that infringe SaveItSafe’s United States patent, as described herein.

Oracle manufactures, provides, uses, sells, offers for sale, imports, and/or 

distributes infringing products and services; and encourages others to use its products and services 

in an infringing manner, including their customers, as set forth herein.

SaveItSafe seeks past and future damages and prejudgment and post-judgment 

interest for Oracle’s past infringement of the Patent-in-Suit, as defined below.

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II. PARTIES

Plaintiff SaveItSafe is a limited liability company organized and existing under the 

laws of the State of Delaware with its principal place of business located at 1312 Sunset Court, 

Tool, Texas, 75143. SaveItSafe’s registered agent for service of process in Texas is Corporation 

Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 78701.

SaveItSafe is the result of a corporate spin off from No Magic, Inc. (“No Magic”). 

No Magic was established in 1996 by the current CEO of SaveItSafe (who was also the CEO of 

No Magic) and his brother, the inventor of the Patent-in-Suit. No Magic primarily focused on 

software development. It garnered substantial success, generating over 10,000 customer 

companies, including those in the energy, automotive, financial, logistics, telecommunications and 

space exploration (NASA) industries. No Magic’s commercial success led to its eventual 

acquisition by a world leader in engineering software, Dassault Systèmes SE (“Dassault”).

However, the rights to the Patent-in-Suit were not sold to Dassault as part of its acquisition of No 

Magic, but were instead transferred to SaveItSafe so that SaveItSafe’s CEO and the inventor of 

the Patent-in-Suit could maintain ownership and control.

On information and belief, Defendant Oracle is a corporation organized under the 

laws of the State of Delaware with established places of business in this District at 2300 Oracle 

Way, Austin, Texas 78741; 5300 Riata Park Court, Building B, Austin, Texas, 78727; and 613 

NW Loop 410, Suite 1000, San Antonio, Texas 78216. Oracle’s registered agent for service of 

process in Texas is Corporation Service Company, 211 E. 7th Street, Suite 620, Austin, Texas 

78701.

III. JURISDICTION AND VENUE

This is an action for patent infringement which arises under the Patent Laws of the 

United States, namely, 35 U.S.C. §§ 271, 281, 283, 284 and 285. 

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This Court has exclusive jurisdiction over the subject matter of this action under 28 

U.S.C. §§ 1331 and 1338(a).

On information and belief, venue is proper in this District pursuant to 28 U.S.C. §§ 

1391(b), 1391(c), and 1400(b) because Oracle has regular and established places of business in 

this District, transacted business in this District, and has committed and/or induced acts of patent 

infringement in this district.

On information and belief, Defendant Oracle is subject to this Court's specific and 

general personal jurisdiction pursuant to due process and/or the Texas Long Arm Statute, due at 

least to its substantial business in this forum, 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/or deriving substantial revenue from goods and services provided to individuals 

in Texas and in this Judicial District.

IV. FACTUAL ALLEGATIONS

PATENT-IN-SUIT

SaveItSafe is the owner of all right, title and interest in and to U.S. Patent No. 

8,929,552 (the “’552 Patent”), entitled “Electronic Information and Cryptographic Key 

Management System” issued on January 6, 2015. The ’552 Patent discloses improved systems and 

methods for securing electronic information. The information that is to be secured is associated 

with a cryptographic key and that key is then also secured by encrypting it, saving it, restricting 

access to it, or by other means. A key management system may be tasked with securing the key 

and confirming that the key is indeed secured. The claimed invention of the ’552 Patent was 

intended to address problems with conventional methods of securing electronic information: 

conventional systems and methods failed to secure all of the components of a cryptosystem and 

did not adequately address securement of cryptographic keys. ’552 Patent, 5:1-7:3. The ’552 Patent 

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addressed these shortcomings, in one respect, by enabling a function of the system only after it has 

first confirmed, via a second functionality that is independent of the functionality that secured the 

key, that the relevant cryptographic key has been secured. Id. at 7:19-23. Examples of the functions 

that can be enabled in response to the confirmation of the securement of the key include enabling 

the encryption of electronic information, decryption of electronic information, transfer of 

electronic information, saving of electronic information, reading of electronic information, 

rewriting electronic information, creating electronic information, and manipulating electronic 

information. Additionally, the ’552 Patent discloses enhanced security measures such as using 

secure socket layer for transferring keys or information and requiring simultaneous access requests 

from multiple administrators in order to allow access to secure electronic information. A true and 

correct copy of the ’552 Patent is attached as Exhibit A.

SaveItSafe is the assignee of the ’552 Patent and has all rights to sue for 

infringement and collect past and future damages for the infringement thereof.

DEFENDANT’S ACTS

Oracle is a global provider of secure communication and encryption products and 

solutions. Specifically, Oracle provides hardware, software, and services that secure electronic 

information via key management and data security systems to its customers in the United States, 

including in this District. For example, Oracle’s Key Manager (“OKM”) and Key Vault (“OKV”)

provide transaction security, key storage, and key security. Oracle describes its OKM as “a 

comprehensive key management system designed to address the rapidly growing enterprise 

commitment to storage-based data encryption.” Oracle Key Manager Overview, November 2018, 

page 5, available at: https://www.oracle.com/technetwork/articles/systems-hardwarearchitecture/o10-013-st-ckm-solution-4-187263.pdf. Similarly, the OKV is described as 

“simplif[ying] the deployment of encryption across the enterprise with extremely scalable, 

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continuously available key management.” Oracle Key Vault Datasheet, page 1, available at: 

https://www.oracle.com/a/devo/docs/dbsec/okv/ds-security-key-vault-18-2019-05-08.pdf. 

Oracle’s centralized key management products and solutions associate a 

cryptographic key with secured information. This cryptographic key is further secured by 

encryption or other technical means. Once the securement of the cryptographic key is confirmed, 

the key management systems may enable subsequent cryptographic or data processing functions

based on that confirmation. For example, the relevant high-level functions of Oracle’s OKM and 

OKV are illustrated in the excerpts below from Oracle’s documentation:

Oracle Key Manager Overview, November 2018, page 5, available at: 

https://www.oracle.com/technetwork/articles/systems-hardware-architecture/o10-013-st-ckmsolution-4-187263.pdf

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Id. at 18.

Id. at 19.

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Id. at 13.

Oracle Key Vault Datasheet, page 1, available at: 

https://www.oracle.com/a/devo/docs/dbsec/okv/ds-security-key-vault-18-2019-05-08.pdf.

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Id. at 3.

Id. at 4.

Oracle instructs its customers regarding the implementation and operation of the 

accused instrumentalities, including detailed instructions for the OKV (e.g. at 

https://docs.oracle.com/en/database/oracle/key-vault/index.html) and OKM (e.g. 

https://docs.oracle.com/en/storage/storage-software/oracle-key-manager/index.html.) 

On information of belief, Defendant Oracle also implements contractual protections 

in the form of license and use restrictions with its customers to preclude the unauthorized 

reproduction, distribution and modification of its software.

Moreover, on information and belief, Defendant Oracle implements technical 

precautions to attempt to thwart customers who would circumvent the intended operation of 

Oracle’s products.

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Oracle had knowledge of the ’552 Patent and its infringing conduct as early as the 

date when SaveItSafe effected service of its Original Complaint. 

V. COUNTS OF PATENT INFRINGEMENT

COUNT ONE

INFRINGEMENT OF U.S. PATENT NO. 8,929,552

SaveItSafe incorporates by reference its allegations in the preceding paragraphs as

if fully restated in this paragraph.

SaveItSafe is the assignee and owner of all right, title and interest to the ’552 Patent.

SaveItSafe has the legal right to enforce the patent, sue for infringement, and seek equitable relief 

and damages.

On information and belief, Defendant Oracle, without authorization or license from

SaveItSafe, has been and is presently directly infringing at least claim 4 of the ’552 Patent, as 

infringement is defined by 35 U.S.C. § 271(a), including through making, using (including for 

testing purposes), selling and offering for sale methods and articles infringing one or more claims 

of the ’552 Patent. Defendant Oracle is thus liable for direct infringement of the ’552 Patent

pursuant to 35 U.S.C. § 271(a).

Exemplary infringing products include Oracle’s Key Manager and Key Vault

which support securing electronic information and a cryptographic key by using one function to 

secure the key, a second function to confirm the securing, enabling a function in response to that 

confirmation, and restricting access to electronic information to situations where the system 

receives substantially simultaneous access requests.

On information and belief, Defendant Oracle, without authorization or license from

SaveItSafe, has been and is presently indirectly infringing at least claim 4 of the ’552 Patent, 

including actively inducing infringement of the ’552 Patent under 35 U.S.C. § 271(b). Such

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inducements include without limitation, with specific intent to encourage the infringement, 

knowingly inducing consumers to use infringing articles and methods that Oracle knows or should 

know infringe one or more claims of the ’552 Patent. Oracle instructs its customers to make and 

use the patented inventions of the ’552 Patent by operating Oracle’s products in accordance with 

Oracle’s specifications. Oracle specifically intends its customers to infringe by implementing its 

key management systems to secure electronic information and a cryptographic key by using one 

function to secure the key, a second function to confirm the securing, enabling a function in 

response to that confirmation, and restricting access to electronic information to situations where 

the system receives substantially simultaneous access requests, as set forth above.

On information and belief, Defendant Oracle, without authorization or license from

SaveItSafe, has been and is presently indirectly infringing at least claim 4 of the ’552 Patent, 

including contributory infringement of the ’552 Patent under 35 U.S.C. § 271(c) and/or § 271(f), 

either literally and/or under the doctrine of equivalents, by selling, offering for sale, and/or 

importing into the United States, the infringing products. Oracle knows that the infringing products 

(i) constitute a material part of the inventions claimed in the ’552 Patent; (ii) are especially made 

or adapted to infringe the ’552 Patent; (iii) are not staple articles or commodities of commerce 

suitable for non-infringing use; and (iv) are components used for or in its key management systems 

to secure electronic information and a cryptographic key with a first and second function and 

restrict access to electronic information in an infringing manner.

As a result of Oracle’s infringement of the ’552 Patent, SaveItSafe has suffered 

monetary damages, and is entitled to an award of damages adequate to compensate it for such

infringement under 35 U.S.C. § 284, but in no event, less than a reasonable royalty.

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VI. JURY DEMAND

Plaintiff SaveItSafe demands a trial by jury of all matters to which it is entitled to 

trial by jury, pursuant to FED. R. CIV. P. 38.

VII. PRAYER FOR RELIEF

WHEREFORE, SaveItSafe prays for judgment and seeks relief against Defendant as 

follows:

A. That the Court determine that one or more claims of the Patent-in-Suit is infringed 

by Defendant Oracle, either literally or under the doctrine of equivalents;

B. That the Court award damages adequate to compensate SaveItSafe for the patent 

infringement that has occurred, together with prejudgment and post-judgment 

interest and costs, and an ongoing royalty for continued infringement; 

C. That the Court award enhanced damages pursuant to 35 U.S.C. §284; and

D. That the Court award such other relief to SaveItSafe as the Court deems just and 

proper.

DATED: April 13, 2020 Respectfully submitted,

/s/ Andrew G. DiNovo

Andrew G. DiNovo

Texas State Bar No. 00790594

adinovo@dinovoprice.com 

Daniel L. Schmid

Texas State Bar No. 24093118

dschmid@dinovoprice.com

DINOVO PRICE LLP

7000 N. MoPac Expressway, Suite 350

Austin, Texas 78731

Telephone: (512) 539-2626

Telecopier: (512) 539-2627

Counsel for Plaintiff SaveItSafe, LLC

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