`Case 4:18-cv-06185—HSG Document 48-4 Filed 03/15/19 Page 1 of 3
`
`EXHIBIT B
`
`
`
`Case 4:18-cv-06185-HSG Document 48-4 Filed 03/15/19 Page 2 of 3
`Case 4:18-cv-06185-HSG Document 48-4 Filed 03/15/19 Page 2 of 3
`
`— F
`
`Lavenue, Lionel <lionel.lavenue@finnegan.com>
`
`rom:
`
`Sent:
`To:
`Cc:
`
`Subject:
`
`Tuesday, October 30, 2018 4:25 PM
`Lambrianakos, Peter; Rubino, VincentJ.
`Schulz, Bradford; AGIS-Lit
`
`RE: AGIS Software Development, LLC v ZTE Corporation
`
`Follow Up Flag:
`Flag Status:
`
`Follow up
`Flagged
`
`Peter,
`
`Thank you for your email, asking that ”ZTE immediately dismiss its complaint [against AGIS in the NDCA]." This, ZTE will
`not do.
`
`We reviewed Kyocera v. Semcon from the SDCA, and we note that is not only non-binding and non-precedential but also
`unavailing.
`
`First, there is a case or controversy as to all AGIS entities. Upon information and belief, all three AGIS entities are
`connected by the patents and the associated product, the "LifeRing." The products and patents were allegedly
`developed by the AGIS, Inc. entity. According to you, AGIS, Inc. was restructured under the recently formed AGIS
`Holdings, Inc., which owns sister company AGIS Softwa re—- which in turn now owns the asserted patents. Lastly, the
`asserted patents are allegedly licensed back to AGIS, Inc. Further, according to previous briefings, the AGIS entities were
`established to conduct business for the "LifeRing” solution, either by merchandising or developing it. On June 30, 2004,
`”Mr. Beyer founded Advanced Ground Information Systems, Inc. ("AGIS |nc.")" with its ”primary business [] revolv[ing]
`around offering the ”LifeRing” solution which includes client—based applications and a server—based solution for enabling
`smartphone, tablet, and PC users to easily and rapidly establish secure ad hoc digital networks.” In re Apple, Inc., case
`18—151, dkt. 18-1(AGIS response). Allegedly, AGIS started the ”LifeRing” solution and continued to develop it, leading to
`the asserted patent continuations. Additionally, ”LifeRing 5.0 and its predecessor versions have been offered and sold to
`military, defense, and first—responder customers, as well as private industry customers.” Id. AGIS also admits that AGIS
`Software licenses its patent portfolio to AGIS, Inc., and AGIS already alleged that LifeRing practices the asserted patents.
`AGIS v. ZTE et 0]., case 2:17—cv—00517, dkt. 1 (EDTX). And, in 2013, ”AGIS Inc. began a corporate restructuring plan for
`business growth purposes that resulted in the formation of a parent corporation, AGIS Holdings, Inc." consisting of the
`two subsidiaries, AGIS Inc. and AGIS Software ”which work closely with one another." In re Apple, Inc., case 18-151, dkt.
`18-1(AG|S response). As you can see, by your own accounts, all three AGIS entities are closely connected to the design,
`development, licensing, and marketing of the ”LifeRing" embodiment and the asserted patents. Thus, your allegation
`that these matters lack case or controversy regarding all AGIS entities is at least in dispute and at most unconvincing.
`
`Second, as for jurisdiction for the AGIS entities, there is sufficient evidence supporting both general and specific
`jurisdiction for this matter. For instance, for specificjurisdiction in particular, courts require that the defendants engage
`in ”activities that relate to the enforcement or the defense of the validity of the relevant patents." Avocent Huntsville
`
`Corp. v. Aten Intern. Co., LTD., F.3d 1324, 1335 (Fed. Cir. 2008). The AGIS entities have engaged in numerous "activities"
`targeting California that support specificjurisdiction in NDCA.
`
`Finally, as we discussed during our call, ZTE USA agrees that waiver of service is appropriate. As such, as requested, we
`will forward a waiver of service of summons shortly, which automatically provides AGIS with 60 days to respond to the
`Complaint.
`
`Regards,
`
`
`
`Case 4:18-cv-06185-HSG Document 48-4 Filed 03/15/19 Page 3 of 3
`Case 4:18-cv-06185—HSG Document 48-4 Filed 03/15/19 Page 3 of 3
`
`Lionel
`
`From: Lambrianakos, Peter [mailtozPLambrianakos@brownrudnick.com]
`Sent: Friday, October 26, 2018 5:26 PM
`To: Lavenue, Lionel <lionel.|avenue@finnegan.com>; Rubino, Vincent]. <VRubino@brownrudnick.com>
`Cc: Schulz, Bradford <Bradford.Schu|z@finnegan.com>; AGIS-Lit <agis|it@brownrudnick.com>
`Subject: RE: AGIS Software Development, LLC v ZTE Corporation
`
`EXTERNAL Email:
`
`UoneL
`
`Please see the attached decision dismissing a case in the Southern District of California for lack of personal
`jurisdiction. The complaint filed by ZTE against the AGIS entities suffers from the same deficiencies, as well as a lack of
`case or controversy as to the AGIS defendants which do not own the patents. Accordingly, we request that ZTE
`immediately dismiss its complaint.
`If it refuses to do so and AGIS is forced to file a motion to dismiss, we will seek fees
`and costs from ZTE.
`
`Regards,
`
`Peter
`
`brownrudnick
`
`Peter Lambrianakos
`Partner
`Brown Rudnick LLP
`Seven Times Square
`New York, NY 10036
`T: 212.209.4813
`F: 212.938.2981
`glarnbr'anakogflhrgflnrudnjckxom
`www.brownrudnick.com
`
`Please consider the environment heiorr: printing this ermaié
`
`From: Lavenue, Lionel [maiito:lionel.lavenue@finnegan.com]
`Sent: Tuesday, October 16, 2018 2:02 PM
`To: Rubino, Vincent J.
`Cc: Schulz, Bradford; AGIS—Lit
`Subject: RE: AGIS Software Development, LLC v ZTE Corporation
`
`Vincent —
`
`Please advise whether you will accept service ofthe new Complaint on the AGIS entities in the NDCA.
`
`Regards,
`
`Lionel
`
`REDACTED NOT RELEVANT
`
`