IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

)

TOUCHPOINT PROJECTION )

INNOVATIONS, LLC, )

)

Plaintiff, ) Civil Action No. 2:23-cv-233

)

v. ) JURY TRIAL DEMANDED

)

CDNETWORKS CO., LTD, )

)

Defendant. )

)

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Touchpoint Projection Innovations, LLC (hereinafter “Touchpoint”), by and 

through its undersigned attorneys, files this Complaint for Patent Infringement against Defendant 

CDNetworks Co., Ltd. and alleges as follows.

NATURE OF ACTION

1. This is an action for infringement of United States Letters Patent No. 8,265,089 

under the Patent Laws of the United States, 35 U.S.C. § 1, et seq.

THE PARTIES

2. Plaintiff Touchpoint is a limited liability company organized and existing under 

the laws of the State of Wyoming with its principal place of business at 1712 Pioneer Ave Suite 

500, Cheyenne, Wyoming 82001. Touchpoint is in the business of licensing patented technology. 

Touchpoint is the assignee of all right, title, and interest in United States Letters Patent No. 

8,265,089.

3. On information and belief, Defendant CDNetworks Co., Ltd. (“CDNetworks” or 

“Defendant”) is a corporation organized and existing under the laws of the Republic of South 

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Korea, with a principal place of business at Winsland House I, 3 Killiney Road, #04-05,

Singapore 239519. On information and belief, CDNetworks does business itself, directly and/or 

through its subsidiaries, affiliates, and agents, in the Eastern District of Texas.

JURISDICTION

4. The claims in this action arise under the Patent Laws of the United States, Title 35 

of the United States Code. Accordingly, this Court has subject matter jurisdiction over the patent 

infringement claims in this action pursuant to 28 U.S.C. §§ 1331 and 1338(a).

5. Defendant is subject to this Court’s specific and general personal jurisdiction 

pursuant to the Texas Long Arm Statute, due at least to its substantial business conducted in this 

forum, directly and/or through one or more of its subsidiaries, affiliates, and/or intermediaries, 

including (i) having solicited business in the State of Texas, transacted business within the State 

of Texas, and/or attempted to derive financial benefit from residents of the State of Texas, 

including benefits directly related to the instant patent infringement causes of action set forth 

herein; (ii) having placed products and services into the stream of commerce throughout the 

United States and having been actively engaged in transacting business in Texas and in this 

District; and (iii) either alone or in conjunction with others, having committed acts of 

infringement within this District and/or induced others to commit acts of infringement within this 

District. Defendant has, directly and/or through a distribution network, purposefully and 

voluntarily placed infringing products and services in the stream of commerce knowing and 

expecting them to be purchased and used by consumers in Texas and in this District.

6. On information and belief, Defendant, directly and/or through one or more agentsubsidiaries, affiliates, and/or intermediaries, has advertised and continues to advertise (including 

through websites), used, offered to sell, sold, distributed, and/or induced the sale and/or use of 

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infringing products and services in the United States and in this District. Defendant has, directly 

and/or through a distribution network, purposefully and voluntarily placed such products and

services in the stream of commerce via established channels knowing and expecting them to be 

purchased and used by consumers in the United States and this District. Defendant has 

committed acts of direct infringement in Texas and/or committed indirect infringement based on 

acts of direct infringement by others in Texas and in this District, including Defendant’s U.S.-

based subsidiary CDNetworks Inc. and Defendant’s customer end-users. 

7. On information and belief, Defendant maintains a corporate presence in the 

United States directly and/or through its subsidiaries and affiliates, including its U.S.-based 

subsidiary CDNetworks Inc. On information and belief, Defendant, directly and/or through one 

or more U.S.-based agent-subsidiaries, affiliates, and/or intermediaries, including CDNetworks 

Inc., has regularly conducted and/or solicited business, engaged in other persistent courses of 

conduct, and/or derived substantial revenue from products and services provided to businesses 

and/or individuals in Texas and in this District. 

8. On information and belief, Defendant and its U.S.-based sales subsidiary (which 

acts as part of a global network of overseas sales subsidiaries on behalf of Defendant) have 

operated as agents of one another and vicariously as parts of the same business group to work in 

concert together. On information and belief, Defendant’s U.S.-based subsidiaries and affiliates, 

including CDNetworks, Inc., advertise, use, offer to sell, distribute, and/or sell infringing 

services in the United States and this District at the direction and under the control of Defendant.

According to Defendant’s press release, “As a company founded in Korea, CDNetworks 

expanded to meet the needs of customers around the world and set up 14 global offices and 10 

R&D centers. In 2019, . . . CDNetworks moved its international headquarters to Singapore and 

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set up a 24/7 customer support center in Malaysia. CDNetworks also built local support teams at 

key locations worldwide, including Singapore, Malaysia, Japan, South Korea, UK, US, 

and China. With these local Points of Presence (PoPs) in place, CDNetworks was positioned to 

create deeper collaborations with customers by communicating with them in their native 

language in order to explore their requirements and provide customized solutions that meet their 

business demands.”

9. On information and belief, Defendant owns the rights to the trademark:

in the United States. On information and belief, Defendant has registered this mark for the 

following goods and services: (a) communication by computer terminals; transfer of data by 

telecommunications; electronic data transmission; transmission of digital information via digital 

networks; transmission of data via the Internet; transmission of data signals by domestic and 

foreign networks; transmission of information on optical telecommunication networks; providing 

telecommunications connection to a global computer network; Internet broadcasting services, 

and (b) development and advisory services for computer software; rental of computer software; 

development and advisory services for computer systems; rental of computer systems; advisory 

services for computer security; services for preventing leakage or illegal use of content, namely, 

providing online non-downloadable computer program designed to prevent illegal use and 

leakage of content, namely, for use in the authentication of content and to prevent the use of 

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illegally distributed content, namely digital rights management; services for preventing the use of 

illegally distributed content, namely, providing online non-downloadable computer program 

designed for the encryption of content for preventing the use of illegally distributed content. See

https://tmsearch.uspto.gov/bin/showfield?f=doc&state=4807:uyzpd.4.3

10. On information and belief, Defendant, directly or through its U.S.-based sales 

subsidiary, owns, maintains, and/or operates points-of-presence and/or edge computing sites 

throughout the United States, including in Texas and in this District, through which customer 

end-users can access Defendant’s network, products, and services. On information and belief,

Defendant’s points-of-presence and/or edge computing sites in Texas are located at 6653 

Pinecrest Drive, Plano, Texas 75024 and 1950 N Stemmons Freeway, Dallas, Texas 75207.

11. On information and belief, Defendant, alone and through the activities of at least 

its U.S.-based sales subsidiary, conducts business in the United States, including advertising, 

using, offering to sell, distributing, and selling infringing products in this District. Defendant, 

alone and through at least its U.S.-based sales subsidiary, place such infringing products services 

into the stream of commerce via established channels knowing or understanding that such 

services would be offered for sale, sold, and/or used in the United States, including in the State 

of Texas. The exercise of jurisdiction over Defendant would therefore not offend the traditional 

notions of fair play and substantial justice.

VENUE

12. Venue is proper in this judicial district under 28 U.S.C. § 1391(c)(3) because 

Defendant is not a resident of the United States, and therefore may be sued in any judicial district.

THE PATENT IN SUIT

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13. On September 11, 2012, United States Letters Patent No. 8,265,089 (hereinafter 

“the ’089 Patent”), entitled “NETWORK GATEWAY WITH ENHANCED REQUESTING,” 

was duly and legally issued by the United States Patent & Trademark Office. A copy of the ’089 

Patent is attached hereto as Exhibit 1.

14. The ’089 Patent issued from U.S. Patent Application Number 12/636,955, which 

was filed on December 14, 2009. The inventors of the ’089 Patent assigned all of their rights, 

title, and interest in and to the ’089 Patent to Everis, Inc. and Everis, Inc. assigned its entire right, 

title, and interest in and to the ’089 Patent to Touchpoint.

15. Touchpoint is the current and sole owner of all rights, title and interest in and to 

the ’089 Patent and, at a minimum, of all substantial rights in the ’089 Patent, including the 

exclusive right to enforce the patent and all rights to pursue past, present and future damages and 

to seek and obtain injunctive or any other relief for infringement of the ’089 Patent.

16. Upon information and belief, Defendant has had actual notice of the ’089 Patent

and Defendant’s infringing activities since at least March 5, 2023.

Overview of the Technology

17. The ’089 Patent relates to communication networks for transmitting packets of 

data from a sender computer to a receiver computer. These data communication networks 

include a gateway connecting a connection-based wide area network (“WAN”) to a 

connectionless local area network (“LAN”). 

18. As described in the specification of the ‘089 patent, conventional types of data 

communication networks include: (i) connection-based networks; and (ii) connectionless

networks. Often, but not necessarily, WANs are connectionless. Often, but not necessarily, 

LANs are connection based. Conventionally, a computer or set of computers, called a gateway, 

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can be used to pass communications in both directions between a connectionless network and a 

connection-based network. Some conventional connection-oriented WAN protocols include 

SONET, ATM, and DSC. Two conventional connectionless protocols are TCP and UDP.

19. When data is sent from a sender computer to a receiver computer, it will 

conventionally go through a series of networks. For example, the data may be sent first through a 

connectionless LAN (the sender-side LAN), and then through a connection-oriented WAN, and 

then through another connectionless LAN (the receiver side LAN) before reaching the receiver 

computer. Along the way, the data is generally bundled with other data as it travels away from 

the sender computer, and then unbundled again as it gets toward the receiver computer. 

20. To illustrate this bundling and unbundling of data, an exemplary data transfer will 

now be described: (i) the data travels from the sender computer and through the sender side LAN 

in a connectionless manner in the form of an individual packet which is not bundled together 

and/or bundled with other data packets from other senders; (ii) as the packet leaves the sender 

side LAN to enter the WAN, it is bundled into a multiple packet data unit (MPDU) with other 

data packets from the same sender and/or from other senders; (iii) the MPDU then travels 

through the WAN in a connection oriented manner; (iv) as the MPDU leaves the WAN to enter 

the receiver side LAN it is unbundled back into a multiplicity of individual packets, including the 

packet being followed with attention in this example; (v) the packet then travels through the 

receiver side LAN in a connectionless manner to arrive at the receiver side computer. Sometimes 

the bundling and unbundling is more complex. For example, lower level MPDUs may be 

hierarchically aggregated into higher level MPDUs. As a further example, there may be 

additional WANs and/or LANs through which the packet travels at various levels of multiple 

packet bundling.

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21. Somewhat related to the idea of packet bundling into MPDUs is the idea of layers 

of network protocol information. For example, conventional Open System Interconnection data 

(“OSI data”) is conventionally communicated over WANs. Conventional OSI data has seven 

layers of network protocol information.

22. Above the highest level of network protocol information itself is the substantive 

data itself, which is herein referred to as the payload. A single, indivisible packet of data, sent 

from a particular sender computer to a particular receiver computer will typically include high 

level network protocol data. For example, an individual packet sent according to TCP/IP 

protocol will include in its header network protocol data the following layers: (i) Network Layer; 

(ii) Transport Layer; (iii) Session Layer; (iv) Presentation Layer; and (v) Application Layer. 

However, when that packet is bundled with other packets into an MPDU, then the header of the 

MPDU will typically include additional low level network protocol data. More specifically, 

conventionally the MPDU includes a map of where the high-level protocol is packed. In some 

instances, it will keep “switching” information that speeds end to end flow. Some processes aim 

to optimize service by “sorting” relevant “pieces” from layers in a streamlined fashion.

23. Returning to the above example of a packet transfer, attention is drawn to the 

above-mentioned step where the MPDU leaves the WAN to enter the receiver side LAN and is 

unbundled back into a multiplicity of individual packets. At this step, in conventional gateways, 

the network protocol information in the MPDU header is effectively discarded and lost as part of 

the unbundling of the MPDU into individual packets (or, in other network configurations, into 

smaller MPDUs). The exact information that is expected to be, and generally is, discarded (or 

shed) at the WAN-to-LAN gateway will depend upon the specific WAN and/or LAN 

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architectures being used, but in many, or perhaps most, conventional networks, it is only the 

MPDU header that is shed as the MPDU is broken down into smaller MPDUs or into packets.

The Patented Invention

24. FIG. 1 of the ’089 Patent shows a data communication system 100 including a 

connection-based network 102; a gateway 103; a first connectionless network 108; a second 

connectionless network 110; a third connectionless network 112; and communicator 

computers 114, 116, 118, 120, 122, 124, 126, and 128. The gateway includes a gateway 

computer 104 and a rules database 106. Generally speaking, all of the communicator computers 

can communicate with each other, in both directions, through the connectionless and connectionbased networks. For purposes of the following discussion, communicator computer 114 (also 

referred to as the sender computer) sends a packet through the first connectionless network 

(which also may be referred to as the sender side connectionless network), then through the 

connection based network, then through the gateway computer, then through the third 

connectionless network (also called the receiver side connectionless network) and finally to 

communicator computer 126 (also referred to as the receiver computer). 

25. As shown in FIG. 2 of the ’089 Patent, the gateway computer 104 includes a

gateway module 150. The gateway module includes a de-encapsulation sub-module 160 and a 

packet send sub-module 162.

26. Referring to FIGS. 1 and 2 of the ’089 Patent, in the gateway module of the 

gateway computer, the de-encapsulation sub-module receives the MPDU from connection-based 

network 102 and removes the MPDU header in order to break the MPDU up into its constituent 

data packets (which each have their own data packet headers). As in conventional data 

communication systems, the de-encapsulation sub-module effectively discards the MPDU header 

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so that its network protocol data (for example, its low-level network protocol data) is lost. The 

packets are then sent to the packet send sub-module, and from there they are sent into the 

receiver side connectionless network 112. It is noted that because these packets still have their 

packet headers, they still have some network protocol data (for example, high level network 

protocol data), which network protocol data is generally sufficient to get each packet navigated 

through the receiver side connectionless network and to its respective receiver computer.

27. An exemplary de-encapsulation is shown schematically in FIG. 6 of the ’089 

Patent. Beginning on the left-hand side of FIG. 6, prior to de-encapsulation, MPDU 401 contains 

three individual data packets 406, 408, 410 and MPDU header 404. The MPDU header includes 

physical link layer network protocol data 412 and data link layer network protocol data 414. The 

low-level network protocol data in the MPDU header was needed for the MPDU to navigate 

through the connection-based network 102 (see FIG. 1). In the de-encapsulation process 

illustrated in FIG. 6, de-encapsulation unbundles the three individual packets 406, 408, 410 so 

that they can be sent separately though other network(s), such as connectionless receiver side 

network 112. Each of these three individual packets includes a packet header (with high-level 

network protocol information) and a packet payload. Hence, packet 406 can include: packet 

header 440 (including one or more of network layer network protocol data 450, transport layer 

network protocol data 451, session layer network protocol data 452, presentation layer network 

protocol data 453, and application layer network protocol data 454); and packet payload 442.

28. In the embodiment described above, the MPDU is structured for transmission by 

Synchronous optical networking (SONET) and is structured according to GR-253-CORE, 

specifically SONET Tx Rx protocol. Individual packets are preferably TCP/IP protocol packets 

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having a structure and packet header structured described at RFC 793 (TCP portion) and RFC 

791 (IP portion).

29. Returning to FIG. 2, MPDU 401 is also sent to information dissector submodule 170 for dissection. The equipment of the gateway can include a SONET Tx Rx optical 

interface (not separately shown) with a processor (not shown), which equipment provides 

information dissector module 170 with the raw data and processing power to perform its 

dissection of the MPDU as will now be described.

30. The various network protocol data and/or payload data characteristics are sent 

from the information dissector sub-module to protocol/data library 171 where it is retained for 

purposes of analysis and application of rules. A buffer memory may be used for temporary 

storage, which generally lasts at least long enough to implement and/or apply one or more rules. 

31. As shown in FIGS. 2 and 4, module 172 applies one or more rules to the MPDU 

related data in protocol/data library 171 to determine whether any responsive reactions are 

appropriate depending upon the content of and/or patterns in the network protocol data and/or 

payload related data of an MPDU or a set of MPDUs. As shown by terminal T1 in FIGS. 1 and 2, 

the module receives the applicable rule(s) from a database 106. In FIG. 1, this database is shown 

to be a separate component from the gateway computer, but it may be: (i) contained within the 

gateway computer 103; and/or (ii) distributed over many locations and/or components. 

32. The rules database is generally a relational database that provides for network ID 

look-up based on international registration and is updated accordingly. The rules in the database 

may be entirely predetermined and/or they may be adaptively learned. Similarly, any parameter 

included in any rule may be entirely predetermined and/or may be adaptively scaled by learning. 

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The rules often, but not always, include at least some guidance as to the appropriate responsive 

reaction that is to occur when that rule is found to be met during the analysis process.

33. Referring to FIG. 4, the analysis process 200 starts at step S10 where the MPDU 

(or set of MPDUs) is dissected for germane network protocol data and/or payload related data as 

explained above. Once it has been determined that this subject data is in place in the 

protocol/data library at step S10, processing proceeds to step S12. At the initial instance of step 

S12, a first rule is retrieved from rules database 106 (see FIG. 1), and processing proceeds to step 

S14. At step S14, the retrieved rule is applied to the subject data set. If the subject data set does 

not meet the rule, the processing proceeds to step S18. On the other hand, if the subject data set 

does meet the rule, then processing proceeds to step S16. At step S18, the module determines 

whether the rule that has just been applied at step S14 is the last applicable rule from rules 

database 106. If it is the last rule, then processing proceeds to step S20, which is the end of the 

analysis process for the subject data set. If it is not the last rule, then processing loops back to 

step S12, where the next rule is retrieved from rules database 106. At step S16, because a rule 

has been found to have been met, responsive reaction processing is performed (see FIG. 2). 

34. While some types of responsive reactions will be discussed in detail below,

“responsive reaction” generally means that the performance of the data communication system is 

changed in some way because of the fact that some rule is met. The change in performance may 

be strictly informational, such as an alert to an administrator, and/or may be functional, such as 

preventing certain data transfers from occurring, such as when malicious data packets are 

blocked from passing from the gateway computer to the receiver side connectionless network, or 

limiting the rate at which such transfers occur. The change in performance may also prevent 

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additional data from being sent, as when a sender of suspicious packets is sent some kind of 

response in order to clarify and/or discourage the suspicious data communication activity. 

35. A denial-of-service (“DoS”) attack is an attempt to make a machine or network 

resource unavailable to its intended users by temporarily or indefinitely disrupting the services of 

a host computer connected to a network. DoS attacks are typically accomplished by flooding the 

targeted machine/network resource with superfluous requests so as to overload the targeted 

machine/network resource and thereby prevent some (or all) legitimate requests from being 

fulfilled. DoS attacks can be broadly categorized into two major types: (i) bandwidth exhaustion, 

which concentrates on flooding a targeted uplink above its maximum capacity, so that legitimate 

traffic has no more available bandwidth; and (ii) server resource exhaustion, which primarily 

targets server resources and so tend not to be great in volume, but high in packet count.

36. When an unusually large proportion of MPDUs originates from the same 

geographic and/or IP block location, this is frequently indicative of a malicious DoS attack.

Consequently, a rule might, for example, check the physical layer network protocol 

data 412 (see FIG. 6) for a set of MPDUs received from the connection-oriented network to 

determine whether an unusually large proportion of the MPDUs were originating at the same 

geographic location. While higher level network protocol 450, 451, 452, 453, 454 (see FIG. 6) 

might be spoofed, it would be much more difficult, or impossible, to spoof the physical layer 

network protocol data 412 in regards of the geographic location at which the MPDUs entered the 

connection-oriented network (which is generally, but not necessarily, a WAN). 

37. When an unusually high proportion of the set of MPDUs received from the 

connection-oriented network comes from the same geographic location set, the gateway will 

perform an appropriate responsive reaction, such as blocking the further transmission of 

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offending packets, and thereby thwart the DoS attack. Although some legitimate packets may be 

affected, along with the DoS attack packets, that has been recognized to be a small price to pay 

for preventing a DoS attack from shutting down the server computer which is the receiver 

computer. 

38. In the context of the internet, the traditional borders of nation states have 

diminished significance. The notion of geographic locations, however, is currently tied to IP 

block assignments law, RFC 1174 and the Internet Assigned Numbers Authority (IANA). For 

example, with technologies such as “bot armies,” a DoS attack may come from a number of 

infected computers that may or may not be in the same country, such as where the source 

computers executing the attack have been infected with malicious code that came from visiting a 

web site. Consequently, a geographic area may be targeted by rule-based analysis, and these 

geographically oriented rules may be based, for example, on IANA assignments.

The Claims are Directed to Patentable Subject Matter

39. The inventions claimed in the ’089 Patent include “[a] computer communication 

network system comprising: a source computer, an MPDU aggregating module, a connectionbased network, a gateway, a receiver-side connectionless network, and a receiver computer . . ..” 

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The claims are directed to a solving an existing problem with 

data communication in conventional computer networks

40. The inventions claimed in the ‘089 patent are directed to a specific way of 

selectively transmitting data packets across a network which involves the steps of collecting 

network protocol data from an MPDU, applying one or more stored rules to that collected data, 

and transmitting (or not transmitting) the DUs from that MPDU based on the application of the 

rule(s) to the collected network protocol data. This is a substantial improvement over data 

transmission in conventional networks.

41. More specifically, the inventions claimed in the ‘089 patent are directed to 

solving a problem specifically arising in the realm of computer technology, viz. DoS attacks. The 

invention claimed in the ‘089 patent solves this problem by, inter alia, having the gateway 

collect network protocol data from an MPDU, apply one or more stored rules to the collected 

data, and then transmit (or not transmit) the DUs from that MPDU based on the application of 

the rule(s) to the collected data.

42. Early DoS attacks generally involved only a single source computer, and so could 

be readily blocked once the IP address of the source computer was identified. By the early part 

of this century, however, attackers were using multiple computers for DoS attacks (i.e., DoS

attacks) and so such preventative measures were no longer effective. 

43. Early DoS attacks frequently resulted in a complete shutdown of a website or 

network. In 2007, for example, Russia-based attackers launched a series of DoS attacks against 

Estonian public and private sector organizations in response to the Estonian government's 

removal of a Soviet war monument from its capital. For three weeks, threat actors targeted state 

and commercial websites, ranging from foreign and defense ministries to banks and media 

outlets, by overloading their bandwidth and flooding their servers with junk traffic, rendering 

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them inaccessible to the public. In order to mitigate the onslaught, Estonia was forced to close its 

digital borders and block all international web traffic for a period of time.

44. Prior to the development of the inventions claimed in the ‘089 patent, attempts to 

mitigate against DoS attacks included routing all incoming traffic through a “scrubbing center” 

(a centralized data cleansing station where traffic is analyzed and malicious traffic is removed). 

This attempted solution, however, necessarily slowed down packet transmission to the receiving 

computer.

45. Other attempts to mitigate against DoS attacks included the development of 

content distribution networks (also known as content delivery networks), or CDNs, which sought 

to reduce the ability of an attacker to flood a particular server by spreading content out amongst 

multiple servers (i.e., a “horizontal” distribution of the attack surface area). Such a solution, 

however, proved to be quite expensive as more and more servers were required for a CDN.

The claimed inventions provide unconventional technological solutions 

to problems with conventional computer systems and networks

46. The inventions claimed in the ‘089 patent are directed to a novel way of 

selectively transmitting data packets across a network. As described above, the inventions 

claimed in the ‘089 patent are direct to systems and methods data communication that involve

collecting network protocol data from an MPDU, applying one or more stored rules to that 

collected data, and transmitting (or not transmitting) the DUs from that MPDU based on the 

application of the rule(s) to the collected network protocol data. 

47. One component of the inventive system is a gateway between the connectionbased network (i.e. the internet) and the connectionless network. This particular gateway

performs certain specified functions, some of which are performed by gateways in conventional 

network systems. These “conventional” functions include: receiving the first MPDU from the 

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WAN; disaggregating the first MPDU into a plurality of smaller data units (DUs); and 

communicating the DUs to the LAN.

48. The gateway between the connection-based network (i.e. the internet) and the 

connectionless network in the claimed system, however, also performs certain additional 

functions which are not performed by gateways in conventional network systems. These 

additional, unconventional functions include: collecting selected network protocol data from the 

MPDU; applying a rule to the collected selected network protocol data; and selectively making a 

responsive reaction based, at least in part, upon the application of the rule to the collected 

selected network protocol data. The selected network protocol data from the MPDU that is 

collected and utilized by the gateway in the claimed system is discarded and lost by gateways in 

conventional systems. 

49. The gateway in the claimed system uses the collected selected network protocol 

data to determine, inter alia, whether to communicate the DUs from the MPDU to the LAN. The 

ability to selectively communicate DUs to the LAN based on the collected selected network 

protocol data enables the gateway in the claimed system to counter DoS attacks, particularly DoS

attacks. 

50. The inventive gateway is exemplified by claim 7 of the ‘089 patent, which is 

directed to:

A gateway computer for use in a computer communication network system, the gateway 

computer comprising a non-transient software storage device with the following software 

encoded therein: a gateway module and an enhanced requesting module; wherein:

the gateway module is structured, programmed and/or data-communication-connected to 

receive a first MPDU from a connection-based network of the computer communication network 

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system, to disaggregate the first MPDU into a plurality of smaller data units (DUs), and 

selectively communicate the first DU to a receiver-side connectionless network of the computer 

communication network system; and

the enhanced requesting module is structured, programmed and/or data-communicationconnected to collect selected network protocol data from the first MPDU, with the selected 

network protocol data including at least some network protocol data included in the first MPDU 

and not included in any of the plurality of DUs, and with the selected network protocol data 

relating exclusively to network protocols and including no data from any data payload(s) which 

may be present in the MPDU;

the enhanced requesting module is further structured, programmed and/or datacommunication-connected to apply a first rule to the selected network protocol data collected by 

the enhanced requesting module; and

the enhanced requesting module is further structured, programmed and/or datacommunication-connected to selectively make a responsive reaction based, at least in part, upon 

the application of the first rule by the enhanced requesting module to the selected network 

protocol data.

51. The inventive system, which includes an embodiment of the inventive gateway, is 

exemplified by claim 1 of the ‘089 patent, which is directed to:

A computer communication network system comprising: a source computer, an MPDU 

aggregating module, a connection-based network, a gateway, a receiver-side connectionless 

network, and a receiver computer, wherein:

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the source computer is structured, and/or data-communication-connected to send a first 

packet, with the first packet including destination information indicating that it is intended to be 

sent to and received by the receiver computer;

the MPDU aggregating module is structured, programmed and/or data-communicationconnected to receive the first packet from the source computer and to aggregate it into a first 

MPDU, where the first MPDU is in a form and format suitable to be communicated over the 

connection-based network;

the connection-based network is structured, programmed and/or data-communicationconnected to receive the first MPDU from the MPDU aggregating module and to communicate it 

to the gateway in a connection-based manner;

the gateway is structured, programmed and/or data-communication-connected to receive 

the first MPDU from the connection-based network, to disaggregate the first MPDU into a 

plurality of smaller data units (DUs) including a first DU at least partially constituted by the first 

packet, and to selectively communicate the first DU to the receiver-side connectionless network;

the receiver-side connectionless network is structured, programmed and/or datacommunication-connected to receive the first DU from the gateway on condition that it was 

selectively communicated by the gateway, and to communicate at least the first data packet 

portion of the first DU to the receiver computer in a connectionless manner;

the gateway is structured, programmed and/or data-communication-connected to collect 

selected network protocol data from the first MPDU, with the selected network protocol data 

including at least some network protocol data included in the first MPDU and not included in 

any of the plurality of DUs, and with the selected network protocol data relating exclusively to 

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network protocols and including no data from any data payload(s) which may be present in the 

MPDU;

the gateway is further structured, programmed and/or data-communication-connected to 

apply a first rule to the selected network protocol data that has been collected by the gateway; 

and

the gateway is further structured, programmed and/or data-communication-connected to 

selectively make a responsive reaction based, at least in part, upon the application of the first rule 

applied by the gateway to the selected network protocol data.

52. The inventive method, which includes the use of an embodiment of the inventive 

gateway, is exemplified by claim 20 of the ‘089 patent, which is directed to:

A method of communicating a data unit through a computer communication network 

system, the method comprising the following steps:

receiving, by a gateway, a first MPDU from a connection-based network of the computer 

communication network system;

disaggregating, by the gateway, the first MPDU into a plurality of smaller data units 

(DUs);

collecting, by the gateway, selected network protocol data from the first MPDU, with the 

selected network protocol data including at least some network protocol data included in the first 

MPDU and not included in any of the plurality of DUs, and with the selected network protocol 

data relating exclusively to network protocols and including no data from any data payload(s) 

which may be present in the MPDU;

applying, by the gateway, a first rule to the selected network protocol data;

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selectively making, by the gateway, a responsive reaction based, at least in part, upon the 

application of the first rule to the selected network protocol data at the applying step; and

selectively communicating, by the gateway, the first DU to a receiver-side connectionless 

network of the computer communication network system on condition that the communicating of 

the first DU does not conflict with the responsive reaction of the selectively communicating step.

53. The above inventions represent an improvement over prior attempts to defend 

against DoS attacks, such as routing all incoming traffic to a scrubbing center and, consequently, 

reducing transmission speed. By collecting the selected network protocol data from the MPDUs 

that was normally discarded in conventional systems and using that data in connection with 

routing incoming traffic to the network of the receiving computer, the inventions claimed in the 

‘089 patent provide an unconventional solution to the problem of DoS attacks.

The claims are not directed to an abstract idea or law of nature

54. The claims of the ‘089 patent are not directed to an abstract idea or law of nature.

55. Claim 7 of the ‘089 patent is directed to a gateway computer comprising a nontransient software storage device with the following software encoded therein: a gateway module 

and an enhanced requesting module. As would be known and recognized by person of ordinary 

skill in the art (“POSITA”), a gateway computer is a real, tangible, physical device, as is a nontransient software storage device.

56. Claim 1 of the ‘089 patent is directed to a computer communication network 

system comprising: a source computer, an MPDU aggregating module, a connection-based 

network, a gateway, a receiver-side connectionless network, and a receiver computer. As would 

be known and recognized by a POSITA, all of the elements of the claim—the source and 

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receiver computers, the MPDU aggregating module, the gateway, and the connection-based and 

connectionless networks--are all real, tangible, physical devices.

57. Claim 20 of the ‘089 patent is directed to method of communicating data units in 

a computer network. Packet transmission is not a law of nature and the specific way in which 

data units are communicated according to the claimed method, i.e., by collecting certain network 

protocol, applying a rule from a database to that data, and then routing the packet based on the 

application of that rule (or rules) to the collected network protocol data, is not abstract.

The claims do not preempt their field

58. The claims of the ‘089 patent do not merely recite a generic way of routing 

incoming traffic to a receiver-side connectionless network and, ultimately, to a receiver computer. 

Rather, the claimed inventions are directed to a specific way of defending against DoS attacks by 

collecting a particular set of data and then using that data to determine how to route the incoming 

traffic by applying one or more rules from a database.

59. Alternative ways exist and are known for routing incoming traffic to defend 

against DoS attacks. Prior to the inventions claimed in the ‘089 patent, for example, CDNs were 

developed as a means of defending against DoS attacks, as was the procedure of scrubbing all 

incoming traffic. U.S. Patent No. 7,020,783, for example, discloses a data communication 

network that includes a system (201, 203, 212) for handling DoS attacks. U.S. Patents Nos. 

7,849,504 and 7,404,206 disclose security enhanced network devices, and methods, that help 

prevent traffic spoofing and maintain information that identifies the source(s) of traffic.

60. Even with respect to the more specific selective transmission of data units to a

receiver-side connectionless network, a POSITA knows and understands other ways to determine

how to communicate data units to the receiver-side network than collecting certain network 

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protocol, applying a rule from a database to that data, and then routing the data unit based on the 

application of that rule (or rules) to the collected network protocol data. U.S. Patent No. 

6,990,531, for example, discloses other systems and methods for prioritizing data traffic over a 

shared bandwidth connection. U.S. Patent No. 7,856,012 also discloses alternative systems and 

methods for facilitating communication of data in a network, which includes receiving a block of 

data, selecting a selected rule from a set of available rules, processing the block of data, and 

prioritizing the block of data.

The claimed method could not be performed mentally or by hand

61. Data transfer across the internet typically takes place at speeds up to 10 Tbps (10 

terabits per second). Given that volume of data packets, a POSITA would know and understand 

that the claimed method of communicating data units in a computer network could not possibly 

be performed mentally or by hand.

DEFENDANT’S SYSTEM AND SERVICES

62. On information and belief, Defendant has a network of more than 200,000 servers 

and over 2,800 global points-of-presence (PoPs).

63. On information and belief, CDNetworks connects customer end-users to the 

internet (a connection-based network). Data packets (MPDUs) being sent to a customer end-user 

enter the network through an edge router (a gateway) at a CDNetwork Point-of-Presence.

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See https://www.cdnetworks.com/cloud-security/flood-shield/.

64. On information and belief, Defendant offers network communications services to 

customer end-users through its various regional subsidiaries, which include CDNetworks Inc., 

CDNetworks Europe, Co. Ltd., CDNetworks Japan Co. Ltd., CDNetworks Asia Pacific Limited, 

and CDNetworks Singapore Pte. Ltd.

65. On information and belief, Defendant uses, sells, and/or offers for sale

cybersecurity services, including DoS protection services (the “Accused Services”). On 

information and belief, Defendant markets, sells, and/or offers for sale Accused Services under 

the names “Flood Shield” and “Application Shield.” 

66. On information and belief, Defendant’s Accused Services are “cloud-based” 

software modules “deployed on CDNetworks global Points-of presence (PoPs) to detect and 

defend against web attacks in real-time.” See 

https://documents.cdnetworks.com/document/15921/appshield-howitworks?rsr=cdnw.

67. On information and belief, incoming internet traffic enters Defendant’s network 

via a gateway computer at one of Defendant’s global points-of-presence (the “Accused 

Gateway”). On information and belief, Defendant’s gateway computers monitor, inspect, and/or 

analyze incoming internet traffic for “any security risks” such as “suspicious packets” or 

“unusual behaviors.” See https://docs.cdnetworks.com/en/cdn/docs/recipes/secure-delivery. 

68. On information and belief, Defendant’s gateway computers use network protocol 

data, such as IP addresses and HTTP headers, to monitor, inspect, and/or analyze incoming 

internet traffic. See https://www.cdnetworks.com/cloud-security/flood-shield/.

69. On information and belief, when Defendant’s gateway computers detect a 

possible DoS attack, the incoming traffic is diverted to one of Defendant’s Scrubbing Centers. 

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On information and belief, Defendant’s Scrubbing Centers “clean” the incoming internet traffic 

and only deliver normal traffic to customer end-users. See https://pr.cdnetworks.co.jp/blog-ddosattack-countermeasures-using-gre/.

70. Despite not having a license to the ’089 Patent, Defendant’s Accused Gateway

and Accused Services all nevertheless incorporate the technology covered by the claims of 

the ’089 Patent.

FIRST CAUSE OF ACTION

(Direct Infringement of the ’089 Patent)

71. Touchpoint hereby repeats and re-alleges the allegations contained in paragraphs 

1 to 70 as if fully set forth herein.

72. The ’089 Patent is presumed valid under 35 U.S.C. § 282.

73. Touchpoint has complied with the requirements of 35 U.S.C. § 287 as have all 

prior owners of the ’089 Patent. 

74. The Accused Gateway and Accused Services are covered by one or more claims 

of the ’089 Patent and therefore infringe the ’089 Patent. A claim chart attached as Exhibit 2

identifies specifically how each element of each asserted claim of the ’089 Patent is practiced by 

the Accused Gateway and/or the Accused Services.

75. The Accused Gateway infringes, for example, claims 7 and 10 of the ’089 Patent, 

either literally or under the doctrine of equivalents, because the Accused Gateway receives 

packets from the internet through an edge router which disaggregates each packet into data units, 

collects network protocol data from the packet, and then transmits (or does not transmit) the data 

units that were contained in that packet based upon the application of one or more rules to the 

network protocol data.

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76. The Accused Services infringe, for example, claim 20 of the ’089 Patent, either 

literally or under the doctrine of equivalents, because Defendant’s DoS Protection solution 

receives packets from the internet, disaggregates those packets into data units, collects network 

protocol data from the packets, and then transmits (or does not transmit) the data units from each 

packet based upon the application of one or more rules to the network protocol data collected 

from that packet.

77. Defendant’s direct infringement of the ’089 Patent has injured and continues to 

injure Touchpoint and Touchpoint is entitled to recover damages adequate to compensate for that 

infringement in an amount to be proven at trial, but not less than a reasonable royalty.

78. Despite Defendant’s knowledge of the ’089 Patent and its infringing activities, 

Defendant has continued to use, sell, and/or offer for sale products and services falling within the 

scope of one or more claims of the ’089 Patent, without authority from Touchpoint. Defendant 

has therefore acted recklessly and Defendant’s direct infringement of the ’089 Patent has been 

willful, egregious, deliberate and intentional, justifying an award to Touchpoint of increased 

damages and attorneys’ fees and costs.

79. Even after becoming aware of its direct infringement of the ’089 Patent, on 

information and belief, Defendant has made no effort to alter its services or otherwise attempt to 

design around the claims of the ’089 Patent in order to avoid infringement. These actions 

demonstrate Defendant’s blatant and egregious disregard for Touchpoint’s patent rights.

80. As a result of Defendant’s unlawful activities, Touchpoint has suffered and will 

continue to suffer irreparable harm for which there is no adequate remedy at law. Defendant’s 

continued direct infringement of the ’089 Patent causes harm to Touchpoint in the form of loss of 

goodwill, damage to reputation, loss of business opportunities, lost profits, inadequacy of 

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monetary damages, and/or direct and indirect competition. Monetary damages are insufficient to 

compensate Touchpoint for these harms. Accordingly, Touchpoint is entitled to preliminary and 

permanent injunctive relief.

SECOND CAUSE OF ACTION

(Indirect Infringement of the ’089 Patent)

81. Touchpoint hereby repeats and re-alleges the allegations contained in paragraphs 

1 to 80 as if fully set forth herein.

82. Defendant’s customer end-users directly infringe the claims of the ‘089 patent, 

including at least claims 7, 10, and 20 through their use of Accused Gateway and/or Accused

Service in their normal and customary way in the United States.

83. Defendant indirectly infringes by inducing infringement of the claims of the ’089 

Patent by aiding and abetting consumer end-users to use the Accused Gateway and/or the 

Accused Services in their normal and customary way in the United States and in this District and 

by contributing to infringement of the claims of the ’089 Patent by supplying components and 

providing instructions to consumer end-users for using those components in practicing the 

method claimed in claim 20 of the ’089 Patent. 

84. Defendant aids and abets consumer end-users in infringing the claims of the ’089

Patent with the knowledge of, and the specific intent to cause, the acts of direct infringement

performed by these consumer end-users. On information and belief, despite having knowledge of

the ’089 Patent, Defendant has been and will continue to use, sell, and/or offer to sell the 

Accused Gateway and/or Accused Services directly and through the actions of others controlled

by Defendant. 

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85. Defendant’s indirect infringement of the ’089 Patent has injured and continues to 

injure Touchpoint and Touchpoint is entitled to recover damages adequate to compensate for that 

infringement in an amount to be proven at trial, but not less than a reasonable royalty.

86. Despite Defendant’s knowledge of the ’089 Patent and its infringing activities and 

the infringing activities of consumer end-users of Defendant’s Accused Gateway and/or Accused 

Services, Defendant has continued to use, sell, and/or offer for sale products and services falling 

within the scope of one or more claims of the ’089 Patent, without authority from Touchpoint. 

Defendant has therefore acted recklessly and Defendant’s indirect infringement of the ’089 

Patent has been willful, egregious, deliberate and intentional, justifying an award to Touchpoint

of increased damages and attorneys’ fees and costs.

87. Even after becoming aware of its indirect infringement of the ’089 Patent, on 

information and belief, Defendant has made no effort to alter its services or otherwise attempt to 

design around the claims of the ’089 Patent in order to avoid infringement. These actions 

demonstrate Defendant’s blatant and egregious disregard for Touchpoint’s patent rights.

88. As a result of Defendant’s unlawful activities, Touchpoint has suffered and will 

continue to suffer irreparable harm for which there is no adequate remedy at law. Defendant’s 

continued indirect infringement of the ’089 Patent causes harm to Touchpoint in the form of loss 

of goodwill, damage to reputation, loss of business opportunities, lost profits, inadequacy of 

monetary damages, and/or direct and indirect competition. Monetary damages are insufficient to 

compensate Touchpoint for these harms. Accordingly, Touchpoint is entitled to preliminary and 

permanent injunctive relief.

PRAYER FOR RELIEF

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Wherefore, Touchpoint respectfully prays this Court enter judgment in its favor on each 

and every Claim for Relief and award to Touchpoint relief, including, but not limited to, the 

following:

A. Entry of judgment in favor of Touchpoint, and against Defendant, on each and 

every Claim in this Complaint; 

B. Entry of judgment in favor of Touchpoint, and against Defendant, that Defendant 

has directly infringed the claims of the ’089 Patent;

C. Entry of judgment in favor of Touchpoint, and against Defendant, that Defendant 

has indirectly infringed the claims of the ’089 Patent by inducing the infringement thereof and/or

contributing to the infringement thereof;

D. Entry of judgment in favor of Touchpoint, and against Defendant, that this case is 

an exceptional case and awarding Touchpoint its reasonable attorney fees and costs pursuant to 

35 U.S.C. § 285 and any other applicable statutes, laws, and/or rules; and 

E. Entry of preliminary and permanent injunctions against Defendant, and its 

officers, directors, principals, agents, sales representatives, servants, employees, successors, 

assigns, affiliates, divisions, subsidiaries, and all those acting in concert or participation with 

them, from directly infringing, inducing infringement and/or contributing to the infringement of 

any claim of the ’089 Patent.

F. A determination that Touchpoint is the prevailing party and therefore entitled to 

its taxable costs; and

G. Entry of judgment in favor of Touchpoint, and against Defendant, awarding 

Touchpoint such other relief the Court deems just, equitable, and proper.

DEMAND FOR A JURY TRIAL

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Touchpoint requests a trial by jury, under Rule 38 of the Federal Rules of Civil Procedure, 

for all issues so triable.

Dated: May 26, 2023 Respectfully submitted, 

/s/ René A. Vazquez 

René A. Vazquez

 Virginia Bar No. 41988 

 rvazquez@ghiplaw.com

Randall Garteiser

 Texas Bar No. 24038912 

 rgarteiser@ghiplaw.com

M. Scott Fuller

 Texas Bar No. 24036607

 sfuller@ghiplaw.com

GARTEISER HONEA, PLLC

119 W. Ferguson Street

Tyler, Texas 75702

Telephone: (903) 705-7420

Facsimile: (903) 405-3999

Donald R. McPhail 

OBLON, MCLELLAND, MAIER 

& NEUSTADT LLP

1940 Duke Street

Alexandria, VA 22314

dmcphail@oblon.com

Telephone: 703-413-3000

Facsimile: 703-413-2220

Attorneys for Touchpoint Projection 

Innovations, LLC

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