This case was last updated from PACER on 06/06/2021 at 09:14:00 (UTC).

SecurityProfiling, LLC v. Cisco Systems, Inc.

Case Summary

On April 7, 2021 SecurityProfiling, LLC (“Plaintiff” or “SecurityProfiling”), represented by Christopher M. Joe of Buether Joe & Counselors, LLC filed an intellectual property lawsuit against  Cisco Systems, Inc. (“Cisco” or “Defendant”) seeking appropriate damages and costs of litigation for alleged infringement of Patents owned by the Plaintiff. This case was filed in the U.S. District Court for the Western District of Texas with Judge Alan D. Albright presiding.

 

In their complaint, the Plaintiff alleged that “Security Profiling is the successor in interest to Security Profiling Inc. of West Lafayette, Indiana. In or around the years 2002 and 2003, Security Profiling Inc. had developed a series of novel enterprise Anti-Vulnerability™ security systems. It was in the forefront of anti vulnerability technology that provided for multi-path remediation. The system was widely and favorably reported. The Anti-Vulnerability platform provided novel and best practice security policy compliance and enforcement capabilities to proactively and remotely manage and enforce standardized templates or custom enterprise security compliance policies.”

 

The Plaintiff further alleged that “Cisco is also continuing to violate 35 U.S.C. § 271(b) (“Whoever actively induces infringement of a patent shall be liable as an infringer”). Cisco will have had knowledge of the ʼ595 Patent since at least the date of the filing of this Complaint. With knowledge of the ʼ595 Patent, Cisco will have induced its customers to acquire CSE systems in this country and to practice in this country the methods of at least Claim 1. The inducement is apparent in the instructions that Cisco has provided and continues to provide to its customers, such as the instructions on how to use CSE systems that include the steps of the claimed methods.”

 

The Plaintiff also alleged that “Cisco has directly infringed and continues to infringe under 35 U.S.C. § 271(a) at least claim 1 of the ʼ063 Patent by making, using and marketing Cisco® Secure Endpoint (formerly known as Advanced Malware Protection or AMP for Endpoints system) (“CSE”). Plaintiff advised Cisco that it was infringing patents in the chain of ʼ063 Patent on January 31, 2018. Cisco thus was placed on notice of the SecurityProfiling’s inventions and that Cisco’s continued activities would infringe SecurityProfiling’s patent rights.”

 

There are four claims for relief laid down by the Plaintiff. The claims are for alleged direct infringement of the U.S. Patent no.10,893,066, 10,873,595, 10,609,063 and 9,100,431, respectively.

In its prayer for relief, the Plaintiff has requested the court to grant a judgment against the Defendant that it has infringed the 10,873,595; 10,893,066; 10,609,063 and 9,100,431, award damages, costs, expenses, prejudgment and post-judgment interest, and post-judgment royalties, also award treble damages along with costs of litigation. 

 

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Case Details Parties Dockets

 

Case Details

  • Case Number:

    6:21-CV-00337

  • Filing Date:

    04/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

SecurityProfiling, LLC

Defendant

Cisco Systems, Inc.

Attorney/Law Firm Details

Plaintiff Attorney

Christopher M. Joe

Attorney at Buether Joe & Counselors, LLC

1700 Pacific Avenue, Suite 4750

Dallas, TX 75201

Defendant Attorneys

Jennifer H. Forte

Attorney at Duane Morris LLP

1075 Peachtree Street Ne, Suite 1700

Atlanta, GA 30309-3929

Gilbert Andrew Greene

Attorney at Duane Morris LLP

900 S. Capital Of Texas Highway, Suite 300

Austin, TX 78746

 

Docket Entries

  • 05/18/2021
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  • DocketText Order GRANTING #9 Motion to Appear Pro Hac Vice for Attorney Jennifer H. Forte for Cisco Systems, Inc. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ir) (Entered: 05/18/2021)

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  • 05/12/2021
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  • Docket(#9) MOTION to Appear Pro Hac Vice by Gilbert Andrew Greene on behalf of Jennifer H. Forte ( Filing fee $ 100 receipt number 0542-14795660) by on behalf of Cisco Systems, Inc.. (Attachments: #1 Proposed Order)(Greene, Gilbert) (Entered: 05/12/2021)

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  • 04/20/2021
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  • Docket(#8) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Cisco Systems, Inc.. (Attachments: #1 Proposed Order)(Greene, Gilbert) (Entered: 04/20/2021)

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  • 04/16/2021
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  • Docket(#7) NOTICE of Attorney Appearance by Gilbert Andrew Greene on behalf of Cisco Systems, Inc.. Attorney Gilbert Andrew Greene added to party Cisco Systems, Inc.(pty:dft) (Greene, Gilbert) (Entered: 04/16/2021)

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  • 04/16/2021
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  • Docket(#6) SUMMONS Returned Executed by SecurityProfiling, LLC. Cisco Systems, Inc. served on 4/13/2021, answer due 5/4/2021. (Joe, Christopher) (Entered: 04/16/2021)

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  • 04/07/2021
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  • Docket(#5) Summons Issued as to Cisco Systems, Inc.. (bw) (Entered: 04/07/2021)

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  • 04/07/2021
  • DocketAll parties shall comply with the Standing Orders of Judge Alan D. Albright located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (Entered: 04/07/2021)

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  • 04/07/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (bw) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by SecurityProfiling, LLC. (Joe, Christopher) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Joe, Christopher) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by SecurityProfiling, LLC. (Joe, Christopher) (Entered: 04/07/2021)

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  • 04/07/2021
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  • Docket(#1) COMPLAINT for Patent Infringement ( Filing fee $ 402 receipt number 0542-14668247), filed by SecurityProfiling, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Civil Cover Sheet)(Joe, Christopher) (Entered: 04/07/2021)

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