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IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

Invicta Networks, Inc.

Plaintiff,

v.

Forcepoint LLC

Defendant.

Civil Action No. 6:20-cv-00173

The Honorable ________________________

COMPLAINT FOR PATENT 

INFRINGEMENT

JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT AND DEMAND FOR JURY TRIAL

TO THE HONORABLE JUDGE OF SAID COURT:

Plaintiff Invicta Networks, Inc. (“Invicta”), files this Complaint for Patent Infringement 

and Damages against Defendant Forcepoint LLC (“Forcepoint”), and would respectfully show the 

Court as follows:

PARTIES

1. Plaintiff Invicta is a Delaware Corporation with its principal place of business 

located at 10217 Cedar Pond Drive, Vienna, VA 22182. 

2. On information and belief, Defendant Forcepoint is a Delaware limited liability 

company, and a wholly-owned subsidiary of Raytheon Company. Forcepoint’s headquarters and 

principal place of business is located at 10900-A Stonelake Blvd., Quarry Oaks 1, Suite 350, 

Austin, TX 78759. Raytheon is a Delaware Corporation. 

JURISDICTION AND VENUE

3. This is a civil action for patent infringement arising under the Patent Laws of the 

United States as set forth in 35 U.S.C. §§ 271, et seq.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 1 of 29
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4. This Court has federal subject matter jurisdiction over this action pursuant to 28 

U.S.C. §§ 1331 and 1338(a) and pendant jurisdiction over the other claims for relief asserted 

herein. 

5. This Court has personal jurisdiction over Defendant because Defendant is a resident 

of Texas, with its principal place of business and headquarters located at 10900-A Stonelake Blvd., 

Quarry Oaks 1, Suite 350, Austin, TX 78759. On information and belief, Defendant has 

approximately 500 employees in its Austin, Texas headquarters, with a wide range of jobs 

including corporate administration, sales and marketing, engineering, research and development, 

and customer support. For example:

(i) <https://www.statesman.com/news/20190228/digital-dilemma-is-austin-cybersecurityhub-depends-who-you-ask>; 

(ii) <https://www.statesman.com/news/20190305/austin-cybersecurity-firm-forcepointsteps-into-behavioral-science-research>; and 

(iii) <https://www.google.com/search?q=forcepoint+jobs+austin+texas&ibp=htl;jobs&sa=

X&ved=2ahUKEwjzsuauuLnAhXQZd8KHWAbCKEQiYsCKAB6BAgKEAM#htivrt=jobs&htidocid=pcRQz3EexTPgHsOAAAAAA%3D%3D&fpstate=tldetail> 

By virtue of filing this complaint, Plaintiff voluntarily consents to this Court’s jurisdiction. 

6. Venue is proper in this Court under 28 U.S.C. §§ 1391(b) and (c) and 28 U.S.C. 

§ 1400(b) because Defendant is domiciled in Texas, within this district, with its headquarters and 

principal place of business located at 10900-A Stonelake Blvd., Quarry Oaks 1, Suite 350, Austin, 

TX 78759. In addition, venue is proper in this Court based on the information and belief that 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 2 of 29
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Defendant has committed or induced acts of infringement, and/or advertise, market, support, sell, 

and/or offer to sell products, including infringing products, in this judicial district.

THE PATENT-IN-SUIT

7. On March 7, 2006, United States Patent No. 7,010,698 (“the ‘698 patent”), entitled 

“Systems and Methods for Creating a Code Inspection System” was duly and legally issued by the 

United States Patent and Trademark Office (“USPTO”) to Victor I. Sheymov, with Invicta 

Networks, Inc. (“Invicta”) as assignee. A copy of the ‘698 patent is attached hereto as Exhibit A.

8. Plaintiff Invicta Networks, Inc., is the owner of the entire right, title, and interest in 

and to the ‘698 patent, which is presumed valid under 35 U.S.C. § 282.

United States Patent No. 7,010,698

9. The ‘698 patent claims a number of embodiments for code inspection systems, 

methods for creating and maintaining decoy systems, and information storage media.

a. Claim 1 of the ‘698 patent is representative of claims 7, 8, and 9, and claims 

a code inspection system comprising a code inspection management module, a dynamic 

decoy system, an actuator module, and one or more sensor modules – all of which

cooperate with a protected system, while insulating the protected system from 

malicious code. A code inspection management module monitors the protected system, 

while the dynamic decoy system is updated to parallel or emulate relevant portions of 

the protected system. The sensor modules enable the decoy system to analyze actions 

and results of one or more portions of the code in response to stimuli from the actuator 

module. 

b. Claim 10 (and 19) of the ‘698 patent is representative of claims 14 (and 23), 

15 (and 24), 16 (and 25), and 18 (and 27), and claims information storage media and a 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 3 of 29
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method for creating and maintaining a dynamic decoy system based on a protected 

system. The claims comprise a dynamic decoy system, code that is received with the 

dynamic decoy system, and sensors monitoring such code within the dynamic decoy 

system. The dynamic decoy system parallels or emulates potions of a protected system, 

and updates accordingly based on changes made to the protect system. Code is then 

introduced to the decoy system to simulate the operating conditions of the protected 

system and monitor actions and results. 

In particular, the ‘698 patent relates to systems and methods for protection of computers and other 

devices from malicious code such as viruses, spyware, undesirable code, or the like (col. 1, lines 

16-19). In the present complaint, Defendant’s cybersecurity system and method infringe on these 

inventive aspects of the ‘698 patent. For example, Defendant’s Advanced Malware Detection (code 

inspection system) offers restricted operating system environments (dynamic decoy systems) that 

simulate an entire host (protected system). Defendant’s Advanced Malware Detection interacts 

(actuator module) with malware and observes (sensor module) every action and result. 

Forcepoint’s Advanced Malware Detection is a code inspection system that provides a method of 

creating and maintaining a dynamic decoy system and storing relevant information, as claimed in 

the ‘698 patent.

10. The ‘698 patent overcomes shortcomings in the prior art, which could only detect 

previously known malicious code contained in a “library” of known code (col. 1, lines 59-67), and 

was ineffective and inefficient in creating and maintaining “test chambers” due to the many 

different variations of code, malware, and operating systems (col. 2, lines 23-42). Certain of the 

inventive aspects of the ‘698 patent address the need for dynamic decoy systems that operate in 

combination with a code inspection system to detect and destroy both known and unknown 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 4 of 29
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malware through a constantly updating “test chamber” (the decoy system) that mirrors the 

protected system (the true operating system) (col. 3, lines 9-44 and col. 4, lines 24-35). Such 

system, method, and aspects were not well-understood, routine, or conventional at the time of the 

invention.

FORCEPOINT CYBERSECURITY SOFTWARE

11. On information and belief, Defendant provides data security, web security, email 

security, mobile security, data loss prevention software, insider threat protection, cloud security, 

network security, and cross domain solutions. In particular, Forcepoint’s Advanced Malware 

Detection product provides an isolation and code inspection environment that simulates an entire 

host including the CPU, system memory and all devices. The Advanced Malware Detection 

product integrates with Forcepoint’s firewall, web security, email security and cloud access 

security products, among others. For the purposes of this complaint, the term “Forcepoint 

Cybersecurity Software” encompasses all such code inspection and isolation functionalities and 

any related or integrated Forcepoint security technologies and software. 

COUNT I

PATENT INFRINGEMENT OF THE ‘698 PATENT

12. Plaintiff Invicta repeats and realleges the above paragraphs, which are incorporated 

by reference as if fully restated herein.

13. Plaintiff Invicta is the owner of all rights, title, and interest in the ‘698 patent.

14. Plaintiff Invicta has never licensed to the Defendant under the ‘698 patent, nor has 

Plaintiff Invicta otherwise authorized the Defendant to practice any part of the ‘698 patent.

15. The ‘698 patent is presumed valid under 35 U.S.C. §282.

16. The ‘698 patent relates to, among other things, systems and methods for creating a 

code inspection system.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 5 of 29
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17. On information and belief, Defendant offers a code inspection system that simulates 

an entire host, including the CPU, system memory, and all devices.

18. Direct Infringement: On information and belief, Defendant has directly infringed 

and continues to directly infringe, either literally or under the doctrine of equivalents, one or more 

claims of the ‘698 patent, including for example (but not limited to) at least code inspection system

(claims 1-9), methods of creating and maintaining such a system (claims 10-18), and information 

storage media for creating and maintaining such a system (claims 19-27) of the ‘698 patent by 

making, using, distributing, providing, supplying, selling, offering to sell without license or 

authority Defendant’s software that include infringing features. The infringing products include 

malware detection software that simulates an entire host for isolation and inspection. A detailed 

infringement claim mapping is provided in paragraphs 23-65.

19. Induced Infringement: On information and belief, Defendant has and continues 

to promote, advertise, and support customers/users of its Cybersecurity Software, with actions to 

include, but not limited to the following: 

(i) Defendant’s advertising Forcepoint Cybersecurity Software, for example its Advanced 

Malware Detection, on its website <https://www.forcepoint.com/product/addon/advanced-malware-detection>;

(ii) Defendant’s providing brochures, data sheets, blog posts and webcasts to potential 

customers from its website

<https://www.forcepoint.com/resources/webcasts/detecting-evasive-malwareforcepoint-advanced-malware-detection-amd>, 

<https://www.forcepoint.com/blog/insights/forcepoint-reveals-casb-uba-enhancedcloud-app-controls-and-availability-most>, 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 6 of 29
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<https://www.forcepoint.com/sites/default/files/resources/files/datasheet_forcepoint_a

dvanced_malware_detection_lastline_en_0.pdf>;

(iii) Defendant’s providing technical support from its website 

<https://support.forcepoint.com/DocumentsDisplayed?version=1.1&name=Advanced

%20Malware%20Detection%20On-Premises>, and also providing detailed technical 

documentation regarding installing, operating, and troubleshooting the software 

<https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.2.0/GUID-EECA15DA9B8A-4C2F-9C42-D53516ADC19E.html>; and

(iv) Defendant’s providing an extensive partner/reseller program for selling and supporting 

the software < https://www.forcepoint.com/partners/find-a-partner>. 

Defendant controls the distribution and implementation of the software, whereby Defendant’s

software applications require the customer/user to download and install the requisite software, 

either on a customer’s servers or via a cloud-based installation. On information and belief, 

Defendant continues to engage in these acts with knowledge of the ‘698 patent by the filing of this 

Complaint, and with the actual intent to cause the acts which it knew or should have known would 

induce actual infringement.

20. Defendant Forcepoint has infringed the ‘698 patent by making, having made, using, 

importing, providing, supplying, distributing, selling, or offering for sale code inspection systems 

utilizing methods for creating and maintaining a dynamic decoy system, and related information 

storage media. 

21. The ‘698 patent is well known in the industry – having been cited in at least 80

cited patents since its filing date.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 7 of 29
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22. Detailed Mapping of Direct Infringement: On information and belief, 

infringement of the ‘698 patent by Forcepoint products and software as demonstrated below.

23. Code inspection system claim 1 of the alleged claims:

1. A code inspection system comprising:

a code inspection management module that monitors and communicates with a 

protected system;

a dynamic decoy system that, in cooperation with the code inspection management 

module, is updated to substantially parallel relevant portions of the protected system;

an actuator module; and

one or more sensor modules, wherein the dynamic decoy system is capable of 

analyzing at least one of actions and results of one or more portions of code in response to 

stimuli from the actuator module,

wherein the relevant portions of the protected system allow the one or more portions 

of code to be analyzed in the dynamic decoy system as if the dynamic decoy system were 

the protected system.

24. On information and belief, Forcepoint Cybersecurity Software is a code inspection 

system.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 8 of 29
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https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

25. On information and belief, Forcepoint Cybersecurity Software contains a code 

inspection management module that monitors and communicates with a protected system.

https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 9 of 29
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26. On information and belief, Forcepoint Cybersecurity Software contains a dynamic 

decoy system that, in cooperation with the code inspection management module, is updated to 

substantially parallel relevant portions of the protected system.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

27. On information and belief, Forcepoint Cybersecurity Software contains an actuator 

module.

https://www.forcepoint.com/sites/default/files/resources/files/datasheet_forcepoint_advan

ced_malware_detection_lastline_en_0.pdf

28. On information and belief, Forcepoint Cybersecurity Software contains one or 

more sensor modules, wherein the dynamic decoy system is capable of analyzing at least one of 

actions and results of one or more portions of code in response to stimuli from the actuator module.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 10 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

29. On information and belief, the relevant portions of Forcepoint Cybersecurity 

Software allow the one or more portions of code to be analyzed in the dynamic decoy system as if 

the dynamic decoy system were the protected system.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 11 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://www.forcepoint.com/product/add-on/advanced-malware-detection

30. Code inspection system claim 7 of the alleged claims:

7. A code inspection system comprising:

a code inspection management module that monitors and communicates with a 

protected system;

a dynamic decoy system that, in cooperation with the code inspection management 

module, is updated to substantially parallel relevant portions of the protected system;

an actuator module; and

one or more sensor modules, wherein the dynamic decoy system is capable of 

analyzing at least one of actions and results of one or more portions of code in response to 

stimuli from the actuator module,

wherein at least a portion of the protected system is capable of being recovered 

from the dynamic decoy system.

31. Plaintiff Invicta repeats and realleges paragraphs 24 through 28 as representative 

of the code inspection system elements of claim 7, including a code inspection management 

module, a dynamic decoy system, an actuator module, and sensor modules.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 12 of 29
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32. On information and belief, at least a portion of Forcepoint Cybersecurity Software 

is capable of being recovered from the dynamic decoy system. 

https://www.forcepoint.com/product/add-on/advanced-malware-detection

33. Code inspection system claim 8 of the alleged claims:

8. A code inspection system comprising:

a code inspection management module that monitors and communicates with a 

protected system;

a dynamic decoy system that, in cooperation with the code inspection management 

module, is updated to substantially parallel relevant portions of the protected system;

an actuator module; and

one or more sensor modules, wherein the dynamic decoy system is capable of 

analyzing at least one of actions and results of one or more portions of code in response to 

stimuli from the actuator module,

wherein the code inspection system is an interface between the protected system 

and one or more unprotected systems.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 13 of 29
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34. Plaintiff Invicta repeats and realleges paragraphs 24 through 28 as representative 

of the code inspection system elements of claim 8, including a code inspection management 

module, a dynamic decoy system, an actuator module, and sensor modules.

35. On information and belief, the Forcepoint Cybersecurity Software is an interface 

between the protected system and one or more unprotected systems.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

36. Code inspection system claim 9 of the alleged claims:

9. A code inspection system comprising:

a code inspection management module that monitors and communicates with a 

protected system;

a dynamic decoy system that, in cooperation with the code inspection management 

module, is updated to substantially parallel relevant portions of the protected system;

an actuator module; and

one or more sensor modules, wherein the dynamic decoy system is capable of 

analyzing at least one of actions and results of one or more portions of code in response to 

stimuli from the actuator module,

wherein the code inspection management module monitors the protected system 

and updates the dynamic decoy system based on at least one of installed software, installed 

hardware, operating system upgrades, software upgrades, hardware upgrades, software 

deletions, hardware deletions and input/output devices.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 14 of 29
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37. Plaintiff Invicta repeats and realleges paragraphs 24 through 28 as representative 

of the code inspection system elements of claim 9, including a code inspection management 

module, a dynamic decoy system, an actuator module, and sensor modules.

38. On information and belief, Forcepoint Cybersecurity Software monitors the 

protected system and updates the dynamic decoy system based on at least one of installed software, 

installed hardware, operating system upgrades, software upgrades, hardware upgrades, software 

deletions, hardware deletions and input/output devices.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

39. Method claim 10 of the alleged claims:

10. A method of creating and maintaining a dynamic decoy system based on a protected 

system comprising:

creating a dynamic decoy system that substantially parallels relevant portions of a 

protected system;

updating the dynamic decoy system based on changes to the protected system;

receiving one or more portions of code;

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 15 of 29
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introducing the one or more portions of code to the dynamic decoy system;

simulating operating conditions of the protected system in the dynamic decoy 

system; and

monitoring sensors in the dynamic decoy system for at least one of actions or results 

of the one or more portions of code,

wherein the relevant portions of the protected system allow the one or more portions 

of code to be analyzed in the dynamic decoy system as if the dynamic decoy system were 

the protected system.

40. On information and belief, Forcepoint Cybersecurity Software conducts a method 

of creating and maintaining a dynamic decoy system based on a protected system.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

41. On information and belief, Forcepoint Cybersecurity Software creates a dynamic 

decoy system that substantially parallels relevant portions of a protected system.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 16 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

42. On information and belief, Forcepoint Cybersecurity Software updates the dynamic 

decoy system based on changes to the protected system.

https://www.forcepoint.com/sites/default/files/resources/files/datasheet_forcepoint_advan

ced_malware_detection_lastline_en_0.pdf

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 17 of 29
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43. On information and belief, Forcepoint Cybersecurity Software receives one or more 

portions of code.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

44. On information and belief, Forcepoint Cybersecurity Software introduces the one 

or more portions of code to the dynamic decoy system.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 18 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

45. On information and belief, Forcepoint Cybersecurity Software simulates operating 

conditions of the protected system in the dynamic decoy system.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 19 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

46. On information and belief, Forcepoint Cybersecurity Software monitors sensors in 

the dynamic decoy system for at least one of actions or results of the one or more portions of code.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 20 of 29
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https://help.stonesoft.com/onlinehelp/StoneGate/SMC/6.4.0/GUID-EECA15DA-9B8A4C2F-9C42-D53516ADC19E.html

47. On information and belief, relevant portions of Forcepoint Cybersecurity Software 

allow the one or more portions of code to be analyzed in the dynamic decoy system as if the 

dynamic decoy system were the protected system.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 21 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

48. Method claim 14 of the alleged claims:

14. A method of creating and maintaining a dynamic decoy system based on a protected 

system comprising:

creating a dynamic decoy system that substantially parallels relevant portions of a 

protected system;

updating the dynamic decoy system based on changes to the protected system;

receiving one or more portions of code;

introducing the one or more portions of code to the dynamic decoy system;

simulating operating conditions of the protected system in the dynamic decoy 

system; 

and monitoring sensors in the dynamic decoy system for at least one of actions or 

results of the one or more portions of code,

wherein the dynamic decoy system is an interface between the protected system 

and one or more unprotected systems.

49. Plaintiff Invicta repeats and realleges paragraphs 40 through 46 as representative 

of the method steps of claim 14, including creating a dynamic decoy system, updating the system, 

receiving and introducing portions of code into the system, simulating operating conditions, and 

monitoring sensors in the system. 

50. On information and belief, Forcepoint Cybersecurity Software is an interface 

between the protected system and one or more unprotected systems.

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 22 of 29
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https://www.forcepoint.com/product/add-on/advanced-malware-detection

51. Method claim 15 of the alleged claims:

15. A method of creating and maintaining a dynamic decoy system based on a protected 

system comprising:

creating a dynamic decoy system that substantially parallels relevant portions of a 

protected system;

updating the dynamic decoy system based on changes to the protected system;

receiving one or more portions of code;

introducing the one or more portions of code to the dynamic decoy system;

simulating operating conditions of the protected system in the dynamic decoy 

system;

monitoring sensors in the dynamic decoy system for at least one of actions or results 

of the one or more portions of code; and

installing one or more sensors in the dynamic decoy system that detect one or more 

of unauthorized access attempts, unauthorized command execution attempts and 

unauthorized modifications to one or more portions of the dynamic decoy machine.

52. Plaintiff Invicta repeats and realleges paragraphs 40 through 46 as representative 

of the method steps of claim 15, including creating a dynamic decoy system, updating the system, 

receiving and introducing portions of code into the system, simulating operating conditions, and 

monitoring sensors in the system.

53. On information and belief, Forcepoint Cybersecurity Software installs one or more 

sensors in the dynamic decoy system that detect one or more of unauthorized access attempts, 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 23 of 29
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unauthorized command execution attempts and unauthorized modifications to one or more 

portions of the dynamic decoy machine.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

https://www.forcepoint.com/cyber-edu/malware

54. Method claim 16 of the alleged claims:

16. A method of creating and maintaining a dynamic decoy system based on a protected 

system comprising:

creating a dynamic decoy system that substantially parallels relevant portions of a 

protected system;

updating the dynamic decoy system based on changes to the protected system;

receiving one or more portions of code;

introducing the one or more portions of code to the dynamic decoy system;

simulating operating conditions of the protected system in the dynamic decoy 

system;

monitoring sensors in the dynamic decoy system for at least one of actions or results 

of the one or more portions of code; and

installing an actuator in the dynamic decoy system.

55. Plaintiff Invicta repeats and realleges paragraphs 40 through 46 as representative 

of the method steps of claim 16, including creating a dynamic decoy system, updating the system, 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 24 of 29
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receiving and introducing portions of code into the system, simulating operating conditions, and 

monitoring sensors in the system.

56. On information and belief, Forcepoint Cybersecurity Software installs an actuator 

in the dynamic decoy system.

https://www.forcepoint.com/sites/default/files/resources/files/datasheet_forcepoint_advan

ced_malware_detection_lastline_en_0.pdf

57. Method claim 18 of the alleged claims:

18. A method of creating and maintaining a dynamic decoy system based on a protected 

system comprising:

creating a dynamic decoy system that substantially parallels relevant portions of a 

protected system;

updating the dynamic decoy system based on changes to the protected system;

receiving one or more portions of code;

introducing the one or more portions of code to the dynamic decoy system;

simulating operating conditions of the protected system in the dynamic decoy 

system; and

monitoring sensors in the dynamic decoy system for at least one of actions or results 

of the one or more portions of code,

wherein updating the dynamic decoy system is based on at least one of installed 

software, installed hardware, operating system upgrades, software upgrades, hardware 

upgrades, software deletions, hardware deletions and input/output devices.

58. Plaintiff Invicta repeats and realleges paragraphs 40 through 46 as representative 

of the method steps of claim 18, including creating a dynamic decoy system, updating the system, 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 25 of 29
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receiving and introducing portions of code into the system, simulating operating conditions, and 

monitoring sensors in the system.

59. On information and belief, Forcepoint Cybersecurity Software updates its dynamic 

decoy system based on at least one of installed software, installed hardware, operating system 

upgrades, software upgrades, hardware upgrades, software deletions, hardware deletions and 

input/output devices.

https://www.forcepoint.com/product/add-on/advanced-malware-detection

60. On information and belief, independent claim 19 is coextensive and representative 

of the scope of independent claim 10. Claim 19 is provided in an information storage media 

apparatus format that implements the method steps of claim 10. Accordingly, Plaintiff repeats and 

realleges paragraphs 40 - 47 as representative of the elements of claim 19. 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 26 of 29
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61. On information and belief, independent claim 23 is coextensive and representative 

of the scope of independent claim 14. Claim 23 is provided in an information storage media 

apparatus format that implements the method steps of claim 14. Accordingly, Plaintiff repeats and 

realleges paragraphs 40 - 46 and 50 as representative of the elements of claim 14. 

62. On information and belief, independent claim 24 is coextensive and representative 

of the scope of independent claim 15. Claim 24 is provided in an information storage media 

apparatus format that implements the method steps of claim 15. Accordingly, Plaintiff repeats and 

realleges paragraphs 40 - 46 and 53 as representative of the elements of claim 24. 

63. On information and belief, independent claim 25 is coextensive and representative 

of the scope of independent claim 16. Claim 25 is provided in an information storage media 

apparatus format that implements the method steps of claim 16. Accordingly, Plaintiff repeats and 

realleges paragraphs 40 - 46 and 56 as representative of the elements of claim 25. 

64. On information and belief, independent claim 27 is coextensive and representative 

of the scope of independent claim 18. Claim 27 is provided in an information storage media 

apparatus format that implements the method steps of claim 18. Accordingly, Plaintiff repeats and 

realleges paragraphs 40 - 46 and 59 as representative of the elements of claim 27. 

65. On information and belief, Defendant’s actions have and continue to constitute 

active inducing infringement of at least code inspection system claims 1-9, method claims 10-18, 

and information storage media claims 19-27 of the ‘698 patent in violation of 35 U.S.C. §271(b). 

66. As a result of Defendant’s infringement of at least code inspection system claims 

1-9, method claims 10-18, and information storage media claims 19-27 of the ‘698 patent, Plaintiff 

Invicta has suffered monetary damages in an amount yet to be determined, and will continue to 

suffer damages in the future unless Defendant’s infringing activities are enjoined by this Court. 

Case 1:20-cv-00336-ADA Document 1 Filed 03/05/20 Page 27 of 29
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Defendant is liable to Plaintiff in an amount that adequately compensates for such infringements, 

which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed 

by this Court under 35 U.S.C. § 284. 

67. Defendant’s wrongful acts have damaged and will continue to damage Plaintiff 

Invicta irreparably, and Plaintiff has no adequate remedy at law for those wrongs and injuries. In 

addition to its actual damages, Plaintiff Invicta is entitled to a permanent injunction restraining and 

enjoining Defendant and its agents, servants, and employees, and all person acting thereunder, in 

concert with, or on its behalf, from infringing at least code inspection system claims 1-9, method 

claims 10-18, and information storage media claims 19-27 of the ‘698 patent. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff Invicta respectfully requests that this Court enter:

A. A judgment in favor of Plaintiff Invicta that Defendant has been and is infringing 

at least claims 1-27 of the ‘698 patent pursuant to 35 U.S.C. §§ 271(a) and/or 271(b);

B. A permanent injunction enjoining Defendant and its officers, directors, agents, 

servants, affiliates, employees, divisions, branches, subsidiaries, parents, and all others acting in 

concert or privity with any of them from infringing, or inducing the infringement of, at least claims

1-27 of the ‘698 patent;

C. A judgment awarding Plaintiff Invicta all damages adequate to compensate it for 

Defendant’s infringement of the ‘698 patent under 35 U.S.C. § 284, and in no event less than a 

reasonable royalty for Defendant’s acts of infringement, including all pre-judgement and postjudgment interest at the maximum rate permitted by law, and also any past damages permitted 

under 35 U.S.C. § 286, as a result of Defendant’s infringement of at least at least claims 1-27 of 

the ‘698 patent;

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D. An assessment of costs, including reasonable attorney fees pursuant to 35 U.S.C. § 

285, and prejudgment interest against Defendant; and

E. Such other and further relief as this Court may deem just and proper.

JURY TRIAL DEMANDED

Pursuant to FED. R. CIV. P. 38, Plaintiff Invicta hereby demands a trial by jury on

all issues so triable.

Dated: March 5, 2020

Respectfully submitted,

By:__/s/ Thomas M. Dunlap_______________

Thomas M. Dunlap (Admitted W.D. Tex./VA 

Bar No. 44016)

David Ludwig (Admitted W.D. Tex./VA Bar 

No. 73157)

Dunlap Bennett & Ludwig PLLC

8300 Boone Blvd., Suite 550

Vienna, Virginia 22182

(703) 777-7319 (t)

(703) 777-3656 (f)

tdunlap@dbllawyers.com

dludwig@dbllawyers.com

ecf@dbllawyers.com

Attorneys for Invicta Networks, Inc.

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