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Bermuda corporation; LEVEL 3 COMMUNICATIONS, INC., a Delaware corporation; 360NETWORKS (USA), Inc., a Nevada corporation; INTEGRA TELECOM, INC., an Oregon corporation; and IXC, INC dba TELEKENEX, a Delaware corporation, Defendants.

Plaintiff, Cambrian Science Corporation (Cambrian Science) hereby complains against defendants Cox Communications, Inc, (Cox), XO Communications, LLC (XO), Global Crossing Limited (Global Crossing), Level 3 Communications, Inc. (Level 3), 360Networks (USA), Inc. (360Networks), Integra Telecom, Inc. (Integra), and IXC, Inc. dba Telekenex (Telekenex) (collectively Defendants) and for causes of action alleges as follows: PARTIES 1. 2. Cambrian is a California corporation having its principal executive Cox, upon information and belief, is a Delaware corporation with its offices located at 18340 Yorba Linda Blvd, Suite 107, Yorba Linda, CA 92886. principal executive offices located at 1400 Lake Hearn Drive, Atlanta, Georgia, 30319, and has designated as registered agent for purposes of service of process The Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware, 19808. business in this judicial district. 3. XO, upon information and belief, is a Delaware limited liability company with its principal executive offices located at 13865 Sunrise Valley Drive, Herndon, Virginia, 20171, and has designated as registered agent for
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Upon information and belief, Cox is doing

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purposes of service of process The Corporation Service Company, 2711 Centerville Road, Suite 400, Wilmington, Delaware 19808. Upon information and belief, XO is doing business in this judicial district. 4. Global Crossing, upon information and belief, is a Bermudan corporation with its principal executive offices located at 200 Park Avenue, Suite 300, Florham Park, New Jersey 07932. Upon information and belief, Global Crossing is doing business in this judicial district. 5. Level 3, upon information and belief, is a Delaware corporation with its principal executive offices located at 1025 Eldorado Boulevard, Broomfield, Colorado 80021, and has designated as registered agent for purposes of service of process The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. Upon information and belief, Level 3 is doing business in this judicial district. 6. 360Networks, upon information and belief, is a Nevada corporation with its principal executive offices located at 2101 4th Avenue, Suite 2000, Seattle, Washington 98121, and has designated as registered agent for purposes of service of process The Corporation Trust Company of Nevada, 311 S Division Street, Carson City, NV 89703. Upon information and belief, 360Networks is doing business in this judicial district. 7. Integra, upon information and belief, is an Oregon corporation with its principal executive offices located at 1201 NE Lloyd Boulevard, Suite 500, Portland, Oregon 97232, and has designated as registered agent for purposes of service of process National Registered Agents, Inc., 325 13th Street, Suite 501, Salem, Oregon 97301. Upon information and belief, Integra is doing business in this judicial district. 8. Telekenex, upon information and belief, is a Delaware corporation with its principal executive office located at 3221 Twentieth Street, San Francisco, California 94110, and has designated as registered agent for purposes
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of service of process The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19801. Upon information and belief, Telekenex is doing business in this judicial district. Jurisdiction And Venue 9. 10. 11. This is an action for patent infringement arising under the provisions Subject-matter jurisdiction over Cambrian Sciences claims is On information and belief, Defendants have solicited business in the of the Patent Laws of the United States of America, Title 35, United States Code. conferred upon this Court by 28 U.S.C. 1331 and 1338(a). State of California, transacted business within the State of California, and attempted to derive financial benefit from residents of the State of California, including benefits directly related to the instant patent infringement cause of action set forth herein. 12. On information and belief, Defendants have placed their infringing goods, systems, methods, compositions and/or services, including, but not limited to, the DTN System utilizing photonic integrated circuits (DTN System) into the stream of commerce throughout the United States, which goods, systems, methods, compositions and/or services have been offered for sale, sold and/or used in the State of California and/or in the Central District of California. 13. Defendants, directly or through their subsidiaries, divisions, groups or distributors have committed acts of infringement in this judicial district, are subject to personal jurisdiction in this judicial district, and/or are doing business in this judicial district. 14. /// /// ///
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Venue is proper in this judicial district under 28 U.S.C. 1391(c)

and/or 1400(b).

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CLAIMS FOR RELIEF CLAIM 1 (Patent Infringement of U.S. Patent No. 6,775,312) 15. Cambrian Science hereby incorporates the allegations of the

preceding paragraphs of this Complaint into the First Claim for Relief as though fully set forth herein. 16. 17. U.S. Patent No. 6,775,312 (the 312 Patent) issued on August 10, Cambrian Science is the owner by assignment of all right, title, and 2004, bearing the title Photonic Integrated Circuit. (See Exhibit A.) interest in and to the 312 Patent, including the right to sue for and recover all past, present, and future damages for infringement of the 312 Patent. 18. 19. Cambrian Science has not licensed or otherwise authorized Upon information and belief, Defendants, directly or through their Defendants to practice the 312 Patent. subsidiaries, divisions or groups, have infringed and continue to infringe one or more claims of the 312 Patent by making, using, selling and/or offering to sell, or allowing others to make, use, sell and/or offer for sale, in the United States, California, and/or this judicial district, products, such as the DTN System, that are covered by at least claim 57 of the 312 Patent. 20. Defendants are liable for infringement of the 312 Patent pursuant to 35 U.S.C. 271. Defendants acts of infringement have caused damage to Cambrian Science, and Cambrian Science is entitled to recover from Defendants the damages sustained by Cambrian Science as a result of Defendants wrongful acts in an amount subject to proof at trial. 21. As a consequence of the infringement complained of herein, Cambrian Science has been irreparably damaged to an extent not yet determined and will continue to be irreparably damaged by such acts in the future unless
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Defendants are enjoined by this Court from committing further acts of infringement. 22. Upon information and belief, Defendants acts of infringement were made or will be made with knowledge of the 312 Patent. Such acts constitute willful infringement and make this case exceptional pursuant to 35 U.S.C. 284 and 285 and entitle Cambrian Science to enhanced damages and reasonable attorneys fees. Prayer For Relief WHEREFORE, Cambrian prays for entry of a judgment that: A. B. Defendants have infringed the 312 Patent; Defendants account for and pay to Cambrian Science all damages

caused by their infringement of the 312 Patent, and to enhance such damages by three times in light of Defendants willful infringement, all in accordance with 35 U.S.C. 284; D. Cambrian Science be granted permanent injunctive relief pursuant to 35 U.S.C. 283 enjoining Defendants, their officers, agents, servants, employees and those persons in active concert or participation with Defendants from further acts of patent infringement; E. Cambrian Science be granted pre-judgment and post-judgment interest on the damages caused to it by reason of Defendants patent infringement; F. 285; G. H. ///
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The Court declare this an exceptional case and that Cambrian

Science be granted its reasonable attorneys fees in accordance with 35 U.S.C. Costs be awarded to Cambrian Science; and, Cambrian Science be granted such other and further relief as the

Court may deem just and proper under the circumstances.

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Respectfully submitted:
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_________________________

Alan Kindred Ivan Posey

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AND James B. Belshe, Esq. (Pro Hac Vice Application Forthcoming) James T. Burton, Esq. (Pro Hac Vice Application Forthcoming) Jackie Pilling, Esq. (Pro Hac Vice Application Forthcoming) KIRTON & MCCONKIE, P.C. 1800 Eagle Gate Tower 60 East South Temple Salt Lake City, Utah 84111 (801) 328-3600 Telephone (801) 321-4893 Facsimile jbelshe@kmclaw.com jburton@kmclaw.com jpilling@kmclaw.com Attorneys for Plaintiff Cambrian Science Corporation

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_____________________________________________________________________________________ COMPLAINT 6

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JURY DEMAND Pursuant to Fed. R. Civ Proc. 38(b), plaintiff hereby demands a jury trial on all issues triable by a jury. Respectfully submitted:

July 6, 2011
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_________________________

Alan Kindred Ivan Posey

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AND James B. Belshe, Esq. (Pro Hac Vice Application Forthcoming) James T. Burton, Esq. (Pro Hac Vice Application Forthcoming) Jackie Pilling, Esq. (Pro Hac Vice Application Forthcoming) KIRTON & MCCONKIE, P.C. 1800 Eagle Gate Tower 60 East South Temple Salt Lake City, Utah 84111 (801) 328-3600 Telephone (801) 321-4893 Facsimile jbelshe@kmclaw.com jburton@kmclaw.com jpilling@kmclaw.com Attorneys for Plaintiff Cambrian Science Corporation

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_____________________________________________________________________________________ JURY DEMAND