Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 1 of 34
`Case 4:18—cv-06185-HSG Document 1-12 Filed 10/09/18 Page 1 of 34
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`EXHIBIT L
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`EXHIBIT L
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`

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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`Case No. 2:17-cv-00517-JRG
`
`JURY TRIAL DEMANDED
`
`§§§§§§§§§§§§§
`
`AGIS SOFTWARE DEVELOPMENT,
`LLC,
`
`Plaintiff,
`
`v.
`
`ZTE CORPORATION AND ZTE (TX),
`INC.,
`
`Defendants.
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`First Amended Complaint against Defendants ZTE Corporation, ZTE (USA) Inc., and ZTE (TX)
`
`Inc. (collectively, “Defendants” or “ZTE”) for patent infringement under 35 U.S.C. § 271 and
`
`alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff, AGIS Software, is a limited liability company organized and existing
`
`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
`
`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
`
`interest in and to U.S. Patent Nos. 9,467,838, 9,445,251, 9,408,055, 9,749,829, and 8,213,970
`
`(collectively, the “patents-in-suit”).
`
`2.
`
`Upon information and belief, ZTE Corporation is a Chinese corporation with its
`
`principal place of business at ZTE Plaza, Keji Road South, Hi-Tech Industrial Park, Nanshan
`
`District, Shenzhen, Guangdong Province, People’s Republic of China 518057. Upon
`
`

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`information and belief, ZTE Corporation does business in Texas, directly or through
`
`intermediaries, and maintains its principal place of business in Shenzhen, China. ZTE offers its
`
`products and/or services, including those accused herein of infringement, to customers and
`
`potential customers located in Texas, including in the judicial Eastern District of Texas.
`
`3.
`
`Upon information and belief, ZTE (USA) Inc. is a corporation organized and
`
`existing under the laws of the state of New Jersey, with its principal place of business at 2425 N.
`
`Central Expressway, Suite 600, Richardson, Texas 75080, and may be served with process
`
`through its registered agent, Jing Li, 2425 N. Central Expressway, Suite 323, Richardson, Texas
`
`75080.
`
`4.
`
`Upon information and belief, ZTE (TX) Inc. is a corporation organized and
`
`existing under the laws of the State of Texas, with its principal place of business at 2500 Dallas
`
`Parkway, Plano, Texas 75093 and may be served with process through its registered agent,
`
`Ferguson, Braswell & Fraser, PC at 2500 Dallas Parkway, Suite 501, Plano, Texas 75093. Upon
`
`information and belief, ZTE (TX) Inc. is a wholly-owned subsidiary of ZTE Hong Kong Ltd.,
`
`which is in turn a wholly-owned subsidiary of ZTE Corporation.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to
`
`28 U.S.C. §§ 1331, 1338(a), and 1367.
`
`6.
`
`This Court has personal jurisdiction over each Defendant. Defendants conduct
`
`substantial business and have committed acts of patent infringement and/or have induced acts of
`
`patent infringement by others in this Judicial District and/or have contributed to patent
`
`infringement by others in this Judicial District, the State of Texas, and elsewhere in the United
`
`
`
`2
`
`

`

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`States. Each Defendant solicits business in the State of Texas, transacts business in the State of
`
`Texas and attempts to derive financial benefit from the residents of the State of Texas in this
`
`District, including benefits directly related to the instant patent infringement causes of action set
`
`forth herein, place products and services into the stream of commerce throughout the United
`
`States, including in this Judicial District, and have been and are actively engaged in transacting
`
`business in the State of Texas and in this Judicial District.
`
`7.
`
`Venue is proper against each defendant in this Judicial District pursuant to 28
`
`U.S.C. § 1400(b).
`
`8.
`
`ZTE Corporation is a foreign corporation and is subject to venue in this Judicial
`
`District.
`
`9.
`
`ZTE (USA) Inc. is registered to do business in the State of Texas, is
`
`headquartered in Richardson, Texas, and has established a call center in Plano, Texas with 60+
`
`dedicated ZTE representatives. See American GNC Corp. v. ZTE Corp., et al., Case No. 4:17-
`
`cv-00620-ALM-KPJ, Doc. No. 66, at 1 (E.D. Tex) (quoting Doc. No. 49-2 (sealed)); Doc. No.
`
`77, at 6-7. Therefore, ZTE (USA) Inc. has a regular and established place of business in this
`
`Judicial District. ZTE (USA) Inc. imports, ships, distributes, offers for sale, sells, uses, and
`
`advertises its products (including but not limited to the products and services through its website,
`
`www.zteusa.com) in the Eastern District of Texas.
`
`10.
`
`ZTE (TX) Inc. is incorporated in the State of Texas and, thus, resides in Texas.
`
`Venue is proper against ZTE (TX) Inc. in any Judicial District in Texas, including the Eastern
`
`District of Texas. See Diem LLC v. BigCommerce, Inc., No. 6:17-cv-00186-JRG, 2017 WL
`
`3187473, at *2-3 (E.D. Tex. July 26, 2017). ZTE (TX) Inc. has admitted that it uses the
`
`
`
`3
`
`

`

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`allegedly infringing products in the Eastern District of Texas “as an end-user of consumer
`
`wireless equipment.” Doc. No. 28, at 1.
`
`11.
`
`Venue is further proper because Defendants together have regular and established
`
`places of business in this Judicial District, including in Plano, are deemed to reside in this
`
`Judicial District, have committed acts of infringement in this Judicial District, and/or have
`
`purposely transacted business involving the accused products in this Judicial District.
`
`PATENTS-IN-SUIT
`
`12.
`
`On July 3, 2012, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
`
`for Interactive Remote Communications.” A true and correct copy of the ’970 Patent is attached
`
`hereto as Exhibit A.
`
`13.
`
`On August 2, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
`
`Patent is attached hereto as Exhibit B.
`
`14.
`
`On September 13, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’251
`
`Patent is attached hereto as Exhibit C.
`
`15.
`
`On October 11, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,467,838 (the “’838 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’838
`
`Patent is attached hereto as Exhibit D.
`
`
`
`4
`
`

`

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`16.
`
`On August 29, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’829
`
`Patent is attached hereto as Exhibit E.
`
`FACTUAL ALLEGATIONS
`
`17. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
`
`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
`
`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
`
`shortly after the September 11, 2001 terrorist attacks because he believed that many first-
`
`responder and civilian lives could have been saved through the implementation of a better
`
`communication system. He envisioned and developed a new communication system that would
`
`use integrated software and hardware components on mobile devices to give users situational
`
`awareness superior to systems provided by conventional military and first-responder radio
`
`systems.
`
`18.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held mobile devices. Using GPS-based location
`
`technology and existing or special-purpose cellular communication networks, LifeRing users can
`
`exchange location, heading, speed, and other information with other members of a group, view
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
`
`their efforts. The system also interfaces with military command-and-control systems, such as
`
`GCCS, JCR, AFATDS, C2PC, and FBCB2.
`
`
`
`5
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 7 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 6 of 33 PageID #: 241
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`19.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’055, ’251, and
`
`’838 Patents to AGIS, Inc. AGIS, Inc.’s LifeRing product practices one or more of the patents in
`
`the AGIS portfolio and AGIS, Inc. has marked its products accordingly.
`
`20.
`
`AGIS Software and all previous assignees of the patents-in-suit have complied
`
`with the requirements of 35 U.S.C. § 287(a).
`
`21.
`
`Non-party Google, Inc. (“Google”) licenses the Android operating system to third
`
`parties, including Defendants, who design their own products that utilize the Android operating
`
`system. The Android operating system is the most widely used in smartphones and other mobile
`
`devices.
`
`22.
`
`Defendants manufacture, use, sell, offer for sale, and/or import into the United
`
`States electronic devices, such as Android based smartphones and tablets (including but not
`
`limited to the Tempo, Axon 7, Axon 7 mini, Blade V8 Pro, ZMax Pro, and ZMax 2)
`
`(collectively, the “Accused Devices”), all of which are pre-configured or adapted with map-
`
`based communication applications and/or features such as Google Maps, Android Device
`
`Manager, Find My Device, Google Messages, Android Messenger, Google Hangouts, Google
`
`Plus, and Google Latitude, among other relevant applications and/or features. The Accused
`
`Devices include software, including but not limited to the above-listed applications and/or
`
`features as components of their operating systems. The Accused Devices include functionality
`
`that allows users to form groups with other users such that users may view each other’s locations
`
`on a map and engage in communication including text, voice, and multimedia-based
`
`communication. Additionally, the users may form groups that include their own devices in order
`
`to track their own lost or stolen devices as shown below.
`
`
`
`6
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 8 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 7 of 33 PageID #: 242
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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 9 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 8 of 33 PageID #: 243
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`COUNT I
`(Infringement of the ’970 Patent)
`
`23.
`
`Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`24.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’970 Patent.
`
`25.
`
`Defendants have and continue to directly infringe at least claim 6 of the ’970
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`26.
`
`Defendants have and continue to indirectly infringe at least claim 6 of the ’970
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the infringing Accused Devices, and by instructing users of the
`
`Accused Devices to perform methods claimed in the ’970 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’970 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’970 Patent in violation of 35 U.S.C.
`
`§ 271(b).
`
`27.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 6 of the ’970 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Android Device Manager, Find My Device, Google
`
`Maps, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`
`
`8
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 10 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 9 of 33 PageID #: 244
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`Latitude apps installed on the Accused Devices, in accordance with Defendants’ instructions and
`
`thereby directly infringe at least claim 6 of the ’970 Patent in violation of 35 U.S.C. § 271. For
`
`example, ZTE directly and/or indirectly intentionally instructs its customers to infringe through
`
`training videos, demonstrations, brochures, installations and/or user guides such as those located
`
`at one or more of the following: www.ztedevice.com, www.zteusa.com,
`
`http://devicehelp.boostmobile.com/document/HowToSetupGuide/Tempo/Boost_Mobile/en/Use_
`
`Android_Device_Manager_with_your_ZTE_Tempo, and ZTE agents and representatives located
`
`within this Judicial District. Defendants are thereby liable for infringement of the ’970 Patent
`
`under 35 U.S.C. § 271(b).
`
`28.
`
`For example, ZTE directly and/or indirectly instructs its customers to infringe
`
`through pre-installed applications in the exemplary Accused Devices as shown below.
`
`
`
`9
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 11 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 10 of 33 PageID #: 245
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`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 11 of 33 PageID #: 246
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`https://support.google.com/accounts/answer/3265955?hl=en
`
`29.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’970 Patent in an amount to be proved at trial.
`
`30.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’970 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`31.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendants’
`
`infringement of the ’970 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`COUNT II
`(Infringement of the ’055 Patent)
`
`32.
`
`Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`33.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’055 Patent.
`
`11
`
`

`

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`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 12 of 33 PageID #: 247
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`34.
`
`Defendants have and continue to directly infringe at least claim 28 of the ’055
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`35.
`
`Defendants have and continue to indirectly infringe at least claim 28 of the ’055
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’055 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’055 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce, direct infringement of the ’055 Patent in violation of 35 U.S.C.
`
`§ 271(b).
`
`36.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 28 of the ’055 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Android Device Manager, Find My Device, Google
`
`Maps, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`Latitude apps installed on the Accused Devices, in accordance with Defendants’ instructions and
`
`thereby directly infringe at least one claim of the ’055 Patent in violation of 35 U.S.C. § 271.
`
`Defendants actively, knowingly, and/or intentionally instruct their customers to infringe directly
`
`and/or indirectly through training videos, demonstrations, brochures, installations and/or user
`
`guides, such as those located at one or more of the following: www.ztedevice.com,
`
`
`
`12
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 14 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 13 of 33 PageID #: 248
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`www.zteusa.com, and ZTE agents and representatives located within this Judicial District.
`
`Defendants are thereby liable for infringement of the ’055 Patent under 35 U.S.C. § 271(b).
`
`37.
`
`For example, Defendants’ exemplary Accused Devices are pre-installed with at
`
`least the Google Maps app which allows users to share their location, view other users’ locations
`
`on a map and to communicate with those users via the Google Maps app (as shown below),
`
`which is integrated with Google Messages or Android Messenger and which is also pre-installed
`
`on the exemplary Accused Devices.
`
`38.
`
`The exemplary Accused Devices are programmed to obtain contact information
`
`from other users’ devices, where that contact information includes phone numbers. (e.g.,
`
`https://support.google.com/nexus/answer/6118731?hl=en&ref_topic=6118711).
`
`39.
`
`The exemplary Accused Devices are further programmed to facilitate the
`
`initiation of Internet Protocol (IP) based communication between devices with SMS messages
`
`and other text messages. This functionality is available at least through Google Hangouts and
`
`the Messages apps. (e.g.,
`
`https://play.google.com/store/apps/details?id=com.google.android.apps.messaging&hl=en;
`
`13
`
`

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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 15 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 14 of 33 PageID #: 249
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`https://play.google.com/store/apps/details?id=com.google.android.talk&hl=en). The IP and
`
`SMS-based messages include location information as depicted below. (e.g.,
`
`https://blog.google/topics/rcs/delivering-rcs-messaging-android-users-worldwide/).
`
`40.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Devices, which include interactive maps and a plurality of user-selectable symbols
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`corresponding to the locations of the other devices as depicted below. (e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/)
`
`14
`
`

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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 16 of 34
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`41.
`
`The exemplary Accused Devices are further programmed to permit interaction
`
`with the display where a user may select one or more symbols and where the exemplary Accused
`
`Devices further permit data to be sent to other devices based on that interaction. The exemplary
`
`Accused Devices are further programmed to permit users to specify additional locations and to
`
`communicate those user-specified locations to other users via symbols on an interactive display
`
`as depicted below. (e.g.,
`
`https://support.google.com/maps/answer/144361?co=GENIE.Platform%3DAndroid&hl=en).
`
`15
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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 17 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 16 of 33 PageID #: 251
`
`42.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’055 Patent in an amount to be proved at trial.
`
`43.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’055 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`44.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`16
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`

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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 18 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 17 of 33 PageID #: 252
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`infringement of at least one valid and enforceable claim of the ’055 Patent. Defendants’
`
`infringement of the ’055 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`COUNT III
`(Infringement of the ’251 Patent)
`
`45.
`
`Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`46.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’251 Patent.
`
`47.
`
`Defendants have and continue to directly infringe at least claim 24 of the ’251
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`48.
`
`Defendants have and continue to indirectly infringe at least claim 24 of the ’251
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’251 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’251 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’251 Patent in violation of 35 U.S.C.
`
`§ 271(b).
`
`
`
`17
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 19 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 18 of 33 PageID #: 253
`
`49.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 24 of the ’251 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Android Device Manager, Find My Device, Google
`
`Maps, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`Latitude apps installed on the Accused Devices, in accordance with Defendants’ instructions and
`
`thereby directly infringe at least one claim of the ’251 Patent in violation of 35 U.S.C. § 271.
`
`Defendants directly and/or indirectly intentionally instruct their customers to infringe through
`
`training videos, demonstrations, brochures, installations and/or user guides, such as those located
`
`at one or more of the following: www.ztedevice.com, www.zteusa.com, and ZTE agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’251 Patent under 35 U.S.C. § 271(b).
`
`50.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their location, view other users’ locations on a
`
`map and to communicate with those users via the Google Maps app (as shown below), which is
`
`integrated with Google Messages or Android Messenger and which is also pre-installed on the
`
`Accused Devices.
`
`
`
`18
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`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 20 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 19 of 33 PageID #: 254
`
`51.
`
`The exemplary Accused Devices are programmed to receive messages from other
`
`devices where those messages relate to joining groups as depicted below. (e.g.,
`
`https://support.google.com/plus/answer/3302509?hl=en&co=GENIE.Platform%3DAndroid&oco
`
`=1; https://support.google.com/mail/answer/30970?hl=en).
`
`52.
`
`The exemplary Accused Devices are further programmed to facilitate
`
`participation in the groups by communicating with a server and sending to and receiving location
`
`information as depicted below. (e.g.,
`
`https://developers.google.com/maps/documentation/android-api/location).
`
`19
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`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 21 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 20 of 33 PageID #: 255
`
`53.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Devices which include interactive maps and a plurality of user selectable symbols
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`corresponding to the locations of the other devices as depicted below. (e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/).
`
`20
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 22 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 21 of 33 PageID #: 256
`
`54.
`
`The exemplary Accused Devices are further programmed to permit users to
`
`request and display additional maps by, for example, moving the map screen and/or by selecting
`
`satellite image maps. The exemplary Accused Devices are further programmed to permit
`
`interaction with the display where a user may select one or more symbols and where the
`
`exemplary Accused Devices further permit data to be sent to other devices based on that
`
`interaction.
`
`55.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’251 Patent in an amount to be proved at trial.
`
`56.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’251 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`57.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’251 Patent. Defendants’
`
`infringement of the ’251 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`COUNT IV
`(Infringement of the ’838 Patent)
`
`58.
`
`Paragraphs 1 through 22 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`59.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’838 Patent.
`
`
`
`21
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 23 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 22 of 33 PageID #: 257
`
`60.
`
`Defendants have and continue to directly infringe at least claim 54 of the ’838
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`61.
`
`Defendants have and continue to indirectly infringe at least claim 54 of the ’838
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’838 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’838 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’838 Patent in violation of 35 U.S.C.
`
`§ 271(b).
`
`62.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 54 of the ’838 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Android Device Manager, Find My Device, Google
`
`Maps, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`Latitude apps installed on the Accused Devices, in accordance with Defendants’ instructions and
`
`thereby directly infringe at least one claim of the ’838 Patent in violation of 35 U.S.C. § 271.
`
`Defendants directly and/or indirectly intentionally instruct their customers to infringe through
`
`training videos, demonstrations, brochures, installations and/or user guides, such as those located
`
`at one or more of the following: www.ztedevice.com, www.zteusa.com, and ZTE agents and
`
`
`
`22
`
`

`

`Case 4:18-cv-06185-HSG Document 1-12 Filed 10/09/18 Page 24 of 34
`Case 2:17-cv-00517-JRG Document 32 Filed 10/17/17 Page 23 of 33 PageID #: 258
`
`representatives