Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 1 of 9
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`Exhibit D
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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 2 of 9
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`
`
`v.
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`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
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`
`
`Defendants.
`
`
`
`
`Case No. 2:21-cv-00024-JRG
`(CONSOLIDATED CASE)
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`JURY TRIAL DEMANDED
`
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S FIRST AMENDED DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`
`
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`LYFT, INC.,
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`Plaintiff,
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`v.
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`
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`Defendant.
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`Plaintiff AGIS Software Development LLC (“AGIS”) hereby makes the following
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`amended infringement disclosures under the Patent Local Rules with respect to United States
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`Patent Nos. 7,031,728; 7,630,724; 8,213,970; 10,299,100, and 10,341,838 (collectively,
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`“Patents-in-Suit”). AGIS’s investigation is ongoing and discovery has not yet commenced.
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`Accordingly, these disclosures are based on information available to AGIS at this time. AGIS
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`reserves the right to supplement this disclosure after further discovery from defendant and non-
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`parties, particularly documents and other discovery regarding the Lyft Accused Products set
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`forth below. AGIS also reserves the right to assert additional claims of the Patents-in-Suit,
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 3 of 9
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`accuse different products, or find alternative literal and/or equivalent infringing elements in the
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`Lyft Accused Products.
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`I.
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`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT LOCAL RULE 3-1
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`A.
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`ASSERTED CLAIMS1
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`Defendant Lyft, Inc. (“Defendant” or “Lyft”) has infringed and continues to infringe at
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`least the following claims of the Patents-in-Suit in connection with the Lyft Accused Products set
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`forth below:
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`• Claim 7 of the ’728 Patent;
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`• Claims 9, 12-16 of the ’724 Patent;
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`• Claims 2, 10-13 of the ’970 Patent;
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`• Claims 1-31 of the ’100 Patent; and
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`• Claims 1-26 of the ’838 Patent.
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`AGIS reserves the right to seek leave of court to add, delete, substitute, or otherwise
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`amend this list of asserted claims should further discovery, the Court’s claim construction, or
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`other circumstances so merit.
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`B.
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`ACCUSED INSTRUMENTALITIES
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`AGIS is currently aware that the following Lyft Products infringe each of the Patents-in-
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`Suit, either alone or in concert with one or more other Lyft Accused Products:
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`• Lyft applications, services, and servers; and
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`• Lyft Driver applications, services, and servers.
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`
`1 On August 6, 2021, Lyft declined AGIS’s July 28, 2021 proposal to adopt the Court’s Model
`Order for Focusing Claims and Prior Art to Reduce Costs as to the ’100 Patent and the ’838
`Patent.
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`2
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 4 of 9
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`AGIS reserves the right to amend this list of accused instrumentalities, as well as other
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`information contained in this document and the exhibits hereto, to incorporate new information
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`learned during the course of discovery including, but not limited to, the inclusion of newly-
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`released products or any other equivalent devices ascertained through discovery.
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`C.
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`CLAIM CHARTS
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`Claim charts identifying a location of every element of every asserted claim of the
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`Patents-in-Suit within Lyft Accused Products are attached hereto as Exhibits A-E. AGIS
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`believes that the citations in the claim charts are representative of all Lyft Accused Products. For
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`example, where AGIS cites reference material or images representing an application, service, or
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`server that citation is representative for all other such applications, services, or servers including
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`all prior and future versions unless otherwise noted. AGIS reserves the right to amend these
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`claim charts as well as other information contained in this document and the exhibits hereto, to
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`incorporate new information learned during the course of discovery including, but not limited to,
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`information that is not publicly available or readily discernible without discovery. AGIS further
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`reserves the right to amend these claim charts, as well as other information contained in this
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`document and the exhibits attached hereto, pursuant to Patent Local Rules 3-1(g) and 3-6.
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`D.
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`LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
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`AGIS asserts that, under the proper construction of the asserted claims and their claim
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`terms, the limitations of the asserted claims of the Patents-in-Suit are literally present in the Lyft
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`Accused Products as set forth in the claim charts attached hereto as Exhibits A-E. AGIS
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`contends that any and all elements found not to be literally infringed are infringed under the
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`doctrine of equivalents because the differences between the claimed inventions and the accused
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`instrumentalities, if any, are insubstantial.
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`3
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 5 of 9
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`AGIS contends that Lyft directly infringes the asserted claims by making, using, offering
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`for sale, selling, and importing into the United States the accused instrumentalities as well as
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`indirectly infringe by contributing to and/or inducing others (e.g., Lyft customers or its Lyft
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`customers’ customers) to directly infringe those claims by making, using, offering for sale, or
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`selling the Lyft Accused Products. AGIS contends that Lyft directly infringes the asserted
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`claims by testing the Lyft Accused Products in the United States.
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`Pursuant to Patent Local Rule 3-6(a)(1), AGIS reserves the right to amend its
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`Infringement Contentions as to literal infringement or infringement under the doctrine of
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`equivalents, e.g., in light of the Court’s claim construction.
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`E.
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`PRIORITY DATES
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`Under P.R. 3-1(e), each of the asserted claims of the Patents-in-Suit are entitled to a
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`priority date of at least as early as September 21, 2004.2 AGIS reserves the right to establish an
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`earlier date of invention based upon actions related to conception and reduction to practice of the
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`claimed inventions.
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`F.
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`AGIS’S OWN PRODUCTS
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`Pursuant to P.R. 3-1(f), AGIS contends that AGIS, Inc.’s LifeRing products are covered
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`by at least one of claim 7 of the ’728 Patent; claims 9, 12-16 of the ’724 Patent; claims 2, 10-13
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`of the ’970 Patent; claims 1-31 of the ’100 Patent; and claims 1-26 of the ’838 Patent. AGIS’s
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`investigation is ongoing and AGIS reserves the right to supplement, amend, or amend these
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`contentions in view of facts learned during discovery, the release of new products, or the
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`modification of current products, and/or the Court’s claim construction.
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`2 AGIS continues to rely on interim priority dates identified in each of the Patents-in-Suit to
`establish priority prior to the actual filing date of the Patents-in-Suit (e.g., interim priority date
`April 17, 2006 which corresponds to the filing date of U.S. Patent No. 7,630,724).
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`4
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 6 of 9
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`II.
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`PRODUCTION OF DOCUMENTS PURSUANT TO PATENT LOCAL RULE 3-2
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`AGIS is producing or making available for inspection documents that are in AGIS’s
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`possession, custody, or control as set forth in Patent Local Rule 3-2. An AGIS 3-2 Production
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`Index identifying these documents is attached hereto.
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`This preliminary identification of documents is for convenience and is not an admission
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`that each document falls within any exemplary categories in the Patent Local Rules, or that any
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`document qualifies as prior art. AGIS is continuing with its investigation, particularly with
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`respect to ESI. Thus, AGIS reserves its right to add to, delete from, or otherwise modify its
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`disclosures in this section as its investigation proceeds.
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`Production of these documents is governed by Patent Local Rule 2-2, and, with the
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`exception of documents produced pursuant to P.R. 3.2(c) and public documents listed in the
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`infringement charts, are considered “Confidential – Outside Attorneys Eyes Only” and disclosure
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`of the confidential document or information shall be limited to each party’s outside attorney(s) of
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`record and the employees of such outside attorney(s).
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`Dated: September 27, 2021
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`Respectfully submitted,
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`
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`5
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`FABRICANT LLP
`
`
`
`
`
` /s/ Vincent J. Rubino, III
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Ave., Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 7 of 9
`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 7 of 9
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`ATTORNEYS FOR PLAINTIFF,
`ATTORNEYSFOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`AGIS SOFTWARE DEVELOPMENT
`LLC
`LLC
`
`6
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 8 of 9
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that, on September 27, 2021, all counsel of record are
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`being served with a copy of this document via electronic mail.
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`
`
` /s/ Vincent J. Rubino, III
`Vincent J. Rubino, III
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`
`
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`

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`Case 5:21-cv-04653-BLF Document 102-5 Filed 04/15/22 Page 9 of 9
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`AGIS 3-2 PRODUCTION INDEX
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`
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`3-2(a)
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`3-2(b)
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`3-2(c)
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`Bates Start
`AGISSOFTWARE_0000001
`
`Bates End
`AGISSOFTWARE_0000062
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`
`
`
`Bates Start
`AGISSOFTWARE_0007713
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`Bates End
`AGISSOFTWARE_0007871
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`
`
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`Bates Start
`AGISSOFTWARE_0000063
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`Bates End
`AGISSOFTWARE_0007712
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`Public Documents Listed in Infringement Charts
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`
`
`Bates Start
`AGIS-LYFT0000001
`
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`Bates End
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`AGIS-LYFT0000114
`
`