Plaintiff Sophos is a Massachusetts corporation having its principal place of business in the United States at 3 Van de Graaf Drive, Second Floor, Burlington, MA 01803. For nearly thirty years Sophos has been a global leader in antivirus and endpoint security protection. 3.
On information and belief, Defendant RPost Holdings is a corporation organized under the laws of the State of Delaware. 4.
On information and belief, Defendant RPost Communications is a corporation organized under the laws of the Nation of Bermuda. 5.
On information and belief, Defendant RPost International is a corporation organized under the laws of the Nation of Bermuda.
JURISDICTION AND VENUE
This is a civil action regarding allegations of patent infringement and patent invalidity arising under the patent laws of the United States, Title 35 of the United States Code, in which Sophos seeks declaratory relief under the Declaratory Judgment Act. Thus, the Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. §§ 1331, 1338, 2201 and 2202. 7.
An actual, justiciable controversy exists between Sophos (on the one hand) and RPost (on the other) by virtue of RPost’s allegations that Sophos infringes the Patents-in-Suit by making, using, offering to sell or selling electronic message outbound content filtering and security products (content filtering, email encryption, data leak prevention, archive, etc.) and message delivery/failure tracking products in the United States. 8.
Sophos contends that it has a right to make and sell its software, systems, and