Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 1 of 362
`
`Exhibit 12
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 2 of 362
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`
`
`Defendants.
`
`
`
`
`Case No. 2:21-cv-00024-JRG
`(CONSOLIDATED CASE)
`
`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
`§
`§
`
`§
`
`§
`§
`§
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`
`LYFT, INC.,
`
`v.
`
`
`
`Defendant.
`
`Plaintiff AGIS Software Development LLC (“AGIS”) hereby makes the following
`
`infringement disclosures under the Patent Local Rules with respect to United States Patent
`
`Nos. 7,031,728; 7,630,724; 8,213,970; 10,299,100, and 10,341,838 (collectively, “Patents-in-
`
`Suit”). AGIS’s investigation is ongoing and discovery has not yet commenced. Accordingly,
`
`these disclosures are based on information available to AGIS at this time. AGIS reserves the
`
`right to supplement this disclosure after further discovery from defendant and non-parties,
`
`particularly documents and other discovery regarding the Lyft Accused Products set forth below.
`
`AGIS also reserves the right to assert additional claims of the Patents-in-Suit, accuse different
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 3 of 362
`
`products, or find alternative literal and/or equivalent infringing elements in the Lyft Accused
`
`Products.
`
`I.
`
`DISCLOSURE OF ASSERTED CLAIMS AND INFRINGEMENT
`CONTENTIONS PURSUANT TO PATENT LOCAL RULE 3-1
`
`A.
`
`ASSERTED CLAIMS
`
`Defendant Lyft, Inc. (“Defendant” or “Lyft”) has infringed and continues to infringe at
`
`least the following claims of the Patents-in-Suit in connection with the Lyft Accused Products set
`
`forth below:
`
`• Claim 7 of the ’728 Patent;
`
`• Claims 9, 12-16 of the ’724 Patent;
`
`• Claims 2, 10-13 of the ’970 Patent;
`
`• Claims 1-31 of the ’100 Patent; and
`
`• Claims 1-26 of the ’838 Patent.
`
`AGIS reserves the right to seek leave of court to add, delete, substitute, or otherwise
`
`amend this list of asserted claims should further discovery, the Court’s claim construction, or
`
`other circumstances so merit.
`
`B.
`
`ACCUSED INSTRUMENTALITIES
`
`AGIS is currently aware that the following Lyft Products infringe each of the Patents-in-
`
`Suit, either alone or in concert with one or more other Lyft Accused Products:
`
`• Lyft applications, services, and servers; and
`
`• Lyft Driver applications, services, and servers.
`
`AGIS reserves the right to amend this list of accused instrumentalities, as well as other
`
`information contained in this document and the exhibits hereto, to incorporate new information
`
`2
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 4 of 362
`
`learned during the course of discovery including, but not limited to, the inclusion of newly-
`
`released products or any other equivalent devices ascertained through discovery.
`
`C.
`
`CLAIM CHARTS
`
`Claim charts identifying a location of every element of every asserted claim of the
`
`Patents-in-Suit within Lyft Accused Products are attached hereto as Exhibits A-E. AGIS
`
`believes that the citations in the claim charts are representative of all Lyft Accused Products. For
`
`example, where AGIS cites reference material or images representing an application, service, or
`
`server that citation is representative for all other such applications, services, or servers including
`
`all prior and future versions unless otherwise noted. AGIS reserves the right to amend these
`
`claim charts as well as other information contained in this document and the exhibits hereto, to
`
`incorporate new information learned during the course of discovery including, but not limited to,
`
`information that is not publicly available or readily discernible without discovery. AGIS further
`
`reserves the right to amend these claim charts, as well as other information contained in this
`
`document and the exhibits attached hereto, pursuant to Patent Local Rules 3-1(g) and 3-6.
`
`D.
`
`LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
`
`AGIS asserts that, under the proper construction of the asserted claims and their claim
`
`terms, the limitations of the asserted claims of the Patents-in-Suit are literally present in the Lyft
`
`Accused Products as set forth in the claim charts attached hereto as Exhibits A-E. AGIS
`
`contends that any and all elements found not to be literally infringed are infringed under the
`
`doctrine of equivalents because the differences between the claimed inventions and the accused
`
`instrumentalities, if any, are insubstantial.
`
`AGIS contends that Lyft directly infringes the asserted claims by making, using, offering
`
`for sale, selling, and importing into the United States the accused instrumentalities as well as
`
`indirectly infringe by contributing to and/or inducing others (e.g., Lyft customers or its Lyft
`
`3
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 5 of 362
`
`customers’ customers) to directly infringe those claims by making, using, offering for sale, or
`
`selling the Lyft Accused Products. AGIS contends that Lyft directly infringes the asserted
`
`claims by testing the Lyft Accused Products in the United States.
`
`Pursuant to Patent Local Rule 3-6(a)(1), AGIS reserves the right to amend its
`
`Infringement Contentions as to literal infringement or infringement under the doctrine of
`
`equivalents, e.g., in light of the Court’s claim construction.
`
`E.
`
`PRIORITY DATES
`
`Under P.R. 3-1(e), each of the asserted claims of the Patents-in-Suit are entitled to a
`
`priority date of at least as early as September 21, 2004.1 AGIS reserves the right to establish an
`
`earlier date of invention based upon actions related to conception and reduction to practice of the
`
`claimed inventions.
`
`F.
`
`AGIS’S OWN PRODUCTS
`
`Pursuant to P.R. 3-1(f), AGIS contends that AGIS, Inc.’s LifeRing products are covered
`
`by at least one of claim 7 of the ’728 Patent; claims 9, 12-16 of the ’724 Patent; claims 2, 10-13
`
`of the ’970 Patent; claims 1-31 of the ’100 Patent; and claims 1-26 of the ’838 Patent. AGIS’s
`
`investigation is ongoing and AGIS reserves the right to supplement, amend, or amend these
`
`contentions in view of facts learned during discovery, the release of new products, or the
`
`modification of current products, and/or the Court’s claim construction.
`
`II.
`
`PRODUCTION OF DOCUMENTS PURSUANT TO PATENT LOCAL RULE 3-2
`
`
`1 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).
`
`4
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 6 of 362
`
`AGIS is producing or making available for inspection documents that are in AGIS’s
`
`possession, custody, or control as set forth in Patent Local Rule 3-2. An AGIS 3-2 Production
`
`Index identifying these documents is attached hereto.
`
`This preliminary identification of documents is for convenience and is not an admission
`
`that each document falls within any exemplary categories in the Patent Local Rules, or that any
`
`document qualifies as prior art. AGIS is continuing with its investigation, particularly with
`
`respect to ESI. Thus, AGIS reserves its right to add to, delete from, or otherwise modify its
`
`disclosures in this section as its investigation proceeds.
`
`Production of these documents is governed by Patent Local Rule 2-2, and, with the
`
`exception of documents produced pursuant to P.R. 3.2(c) and public documents listed in the
`
`infringement charts, are considered “Confidential – Outside Attorneys Eyes Only” and disclosure
`
`of the confidential document or information shall be limited to each party’s outside attorney(s) of
`
`record and the employees of such outside attorney(s).
`
`Dated: May 19, 2021
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`5
`
`FABRICANT LLP
`
`
`
`
`
` /s/ Alfred R. Fabricant
`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 Road, Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 7 of 362
`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 7 of 362
`
`ATTORNEYS FOR PLAINTIFF,
`ATTORNEYSFOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`AGIS SOFTWARE DEVELOPMENT
`LLC
`LLC
`
`6
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 8 of 362
`
`CERTIFICATE OF SERVICE
`
`The undersigned hereby certifies that, on May 19, 2021, all counsel of record are being
`
`served with a copy of this document via electronic mail.
`
`
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 9 of 362
`
`AGIS 3-2 PRODUCTION INDEX
`
`
`
`3-2(a)
`
`3-2(b)
`
`
`
`3-2(c)
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Bates Start
`AGISSOFTWARE_0000001
`
`Bates End
`AGISSOFTWARE_0000062
`
`
`
`
`Bates Start
`AGISSOFTWARE_0007713
`
`Bates End
`AGISSOFTWARE_0007871
`
`
`
`
`Bates Start
`AGISSOFTWARE_0000063
`
`Bates End
`AGISSOFTWARE_0007712
`
`Public Documents Listed in Infringement Charts
`
`
`
`Bates Start
`AGIS-LYFT0000001
`
`
`Bates End
`
`AGIS-LYFT0000114
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 10 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`
`Based on information presently available, AGIS Software Development LLC (“AGIS”) contends that Defendant Lyft Inc.
`
`(collectively “Lyft” or “Defendant”) infringes claims 1-26 (the “Asserted Claims”) of U.S. Patent No. 10,341,838 (the “’838 Patent”)
`through the Accused Products which are manufactured, sold, offered for sale, and/or used by Lyft.
`
`The Accused Products comprise all versions of the Lyft Application made, used, sold, offered for sale, or otherwise provided,
`
`after September 21, 2004. For example, the Accused Products comprise the Lyft application installed on all Android, iOS, Blackberry,
`and Windows Mobile based mobile devices (e.g. smartphones, tablets, laptops, and smart watches), and any variants thereof. AGIS
`reserves the right to amend this list of Accused Products as discovery progresses.
`
`Lyft directly infringes each of the Asserted Claims by using, importing, testing, selling, and/or offering for sale the Accused
`
`Products in violation of 35 U.S.C. § 271(a).
`
`Lyft indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including its users
`
`and/or customers, to directly infringe through their operation and use of the Accused Products. Lyft has knowingly and intentionally
`induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing the Accused Products to third parties with
`the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Lyft’s marketing and promotional materials for the Accused Products are found, for example, on
`Lyft’s website, and in App stores of operating systems for which the Accused Products are made available. For example, Lyft’s website
`offers customers instructions and/or manuals for the Accused Products that instruct customers to, among other things, use the accused
`services in the Accused Products. Lyft’s website also offers support to customers, including instruction to, among other things, use the
`Accused Products share location information with a group of users. On information and belief, Lyft knows that its actions will result in
`infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement
`of the Asserted Claims but has taken deliberate actions to avoid learning these facts.
`
`Lyft also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, offering
`
`for sale, and otherwise providing the Accused Products, which when used directly infringe the Asserted Claims. The Accused Products
`constitute a material part of the Asserted Claims.
`
`On information and belief, the charted version of the Lyft application is representative of all versions of the Accused Products,
`
`including all variants of the Accused Products made, sold, offered for sale, or used on any version of the Android, iOS, Blackberry, and
`Windows Mobile operating systems.
`
`
`
`A-1
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 11 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`
`AGIS does not concede that any claims of the ʼ838 Patent that are not listed below are not infringed by the identified Accused
`
`Products. Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way
`foreclose AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These
`contentions are preliminary in nature, and an analysis of Lyft’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, AGIS reserves
`the right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Lyft, including, but not limited to,
`positions on claim construction,1 invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`
`
`The contents of each claim cell below on which another claim cell depends are expressly incorporated by reference in that
`dependent cell, as if set forth in their entirety therein.
`
`
`1 The construction of claim terms herein is consistent with the constructions in AGIS Software Dev. LLC v. Huawei Device USA, Inc.,
`No. 2:17-cv-00513-JRG, Dkt. No. 205 (Lead Case) (E.D. Tex. Oct. 10, 2018) and AGIS Software Dev. LLC v. Google LLC, No. 2:19-
`cv-00361-JRG, Dkt. No. 147 (Lead Case) (E.D. Tex. Dec. 20, 2020). AGIS reserves the right to update its constructions and
`contentions in view of this Court’s claim construction order.
`
`
`
`A-2
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 12 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Claim
`10,341,838
`1[P]. A method
`performed
`by
`one or more
`servers
`each
`having one or
`more
`processors,
`method
`comprising:
`
`the
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`The Lyft Accused Products perform the computer implemented method as set forth below. Lyft further infringes
`directly and/or indirectly by performing, inducing others to perform, and/or contributing to the performance of: a
`method performed by one or more servers each having one or more processors
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, Lyft provides the Lyft app for passengers and the Lyft Driver app for drivers. The Lyft apps for
`riders and drivers, in conjunction with Lyft’s servers and services, provide users with interactive methods to
`request, view, and track locations of passengers/riders using real-time maps and communications. Lyft provides
`one or more servers with processors (either hardware or software). The Lyft server(s) and their services
`communicate with the Lyft apps for riders and drivers. The Lyft server(s) and their services host information
`related to and instructions for processing user/device/vehicle accounts, location data, and map data.
`
` https://help.lyft.com/hc/en-ca/articles/115013079208-Lyft-Driver-app
`
`
` https://www.lyft.com/drive-with-lyft
`
`A-3
`
`
`
`
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 13 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`
`
`Claim
`10,341,838
`
` https://www.lyft.com/hub/posts/how-to-give-a-ride
`
`
`
`
`
`
`A-4
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 14 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`Driver’s device
`displaying
`passenger’s ride
`request message
`
` https://www.youtube.com/watch?v=jVUy9poJDng at 10:24, Annotated
`
`
`
`
`
`
`A-5
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 15 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
` https://www.youtube.com/watch?v=j0RDMLcmOgU at 4:01
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: executing operations on the one or more processors, the operations.
`
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`
`
`
`A-6
`
`1[A]. executing
`operations
`on
`the one or more
`processors,
`the
`
`
`
`

`

`Claim
`10,341,838
`operations
`comprising:
`
`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 16 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`For example, Lyft servers comprise processors which receive passenger’s request for a ride and communicate the
`request to the nearby drivers. The nearby drivers receive the request for a ride from the passengers which they
`accept or decline. The servers further facilitate the communication between the passenger and the allocated driver
`during a ride.
`
`
`Driver’s device
`displaying
`passenger’s ride
`request message
`
` https://www.youtube.com/watch?v=jVUy9poJDng at 10:24, Annotated
`
`
`
`
`A-7
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 17 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
` https://www.youtube.com/watch?v=j0RDMLcmOgU at 4:01
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: obtaining first data provided by a first mobile device corresponding to a vehicle,
`the first data including a first identifier.
`
`
`
`
`A-8
`
`1[B]. obtaining
`first
`data
`provided by a
`first
`mobile
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 18 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Claim
`10,341,838
`device
`corresponding
`to a vehicle, the
`first
`data
`including a first
`identifier
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, the Lyft driver sets up his/her account by providing information including but not limited to name,
`email address, phone number, driver’s license and vehicle information. On information and belief, Lyft assigns
`one or more indentifications associated with the account.
`
`For example, the Lyft Driver app installed in a driver’s mobile device allows a driver to set up his/her account by
`providing information including but not limited to name, email address, phone number, driver’s license and vehicle
`information. The Lyft server(s) perform this limitation when they obtain the account creation data from the Lyft
`app for drivers. The Lyft server(s) also perform this limitation, after account creation, when they obtain the data
`during the sign-in or log-in process from the Lyft app for drivers. On information and belief, the Lyft server(s)
`also perform this limitation when they obtain the data by requesting status or other data via the Lyft app for drivers.
`In all cases, the first identifier is information associated with the identity of the driver, account, vehicle, or Lyft app
`for drivers.
`
`A-9
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 19 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`Source: https://www.lyft.com/driver.
`
`
`
`
`
`A-10
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 20 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`
`
`A-11
`
`
`
`

`

`
`
`Claim
`10,341,838
`
`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 21 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`Source: https://account.lyft.com/auth?next=https%3A%2F%2Fwww.lyft.com%2Flogin%2Fjump.
`
`
` https://help.lyft.com/hc/e/articles/115012925687-Driver-requirements
`
`
`
`
`
`
`A-12
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 22 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
` https://help.lyft.com/hc/e/articles/115013081188
`
`
`
`
` https://help.lyft.com/hc/e/articles/115013081188
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`
`
`
`
`
`A-13
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 23 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Claim
`10,341,838
`1[C]. permitting
`the first mobile
`device
`corresponding
`to the vehicle to
`join
`a
`communication
`network,
`the
`permitting
`based
`on
`determination
`regarding
`the
`first data
`
`a
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: permitting the first mobile device corresponding to the vehicle to join a
`communication network, the permitting based on a determination regarding the first data.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`The Lyft server(s) perform this limitation when the server uses the account or identity information described above
`to add the account/driver/vehicle to the Lyft platform or network of drivers and passengers. The Lyft server(s) also
`perform this limitation when the server uses the account or identity information to create or activate or update an
`account using the account or identity information described above. The Lyft server(s) also perform this limitation
`when a driver completes the sign-in or log-in process. On information and belief, the Lyft server(s) also perform
`this step using a verification or validation process within sign-up, sign-in, or status request process.On information
`and belief, the account or identity information is associated with the Lyft platform or network of drivers and
`passengers or a subset of the platform or network.
`
`A-14
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 24 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`Source: https://www.lyft.com/driver.
`
`
`
`
`
`
`A-15
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 25 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`
`
`A-16
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 26 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`Source: https://account.lyft.com/auth?next=https%3A%2F%2Fwww.lyft.com%2Flogin%2Fjump.
`
`
`
`Claim
`10,341,838
`
` https://help.lyft.com/hc/e/articles/115012925687-Driver-requirements
`
`
`
`
`
`
`A-17
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 27 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
` https://help.lyft.com/hc/e/articles/115013081188
`
`
`
`
` https://help.lyft.com/hc/e/articles/115013081188
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`
`
`
`
`
`A-18
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 28 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Claim
`10,341,838
`1[D]. obtaining
`second
`data
`provided by a
`second mobile
`device
`corresponding
`to a participant,
`the second data
`including
`a
`second
`identifier
`associated with
`the participant
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: obtaining second data provided by a second mobile device corresponding to a
`participant, the second data including a second identifier associated with the participant.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, the Lyft app installed on a passenger’s mobile device allows a passenger to set up his/her account by
`providing information including but not limited to name, email address and phone number. The Lyft server(s)
`perform this limitation when they obtain the account creation data from the Lyft app for riders. The Lyft server(s)
`also perform this limitation, after account creation, when they obtain the data during the sign-in or log-in process
`from the Lyft app for riders. On information and belief, the Lyft server(s) also perform this limitation when they
`obtain the data by requesting status or other data via the Lyft app for riders. In all cases, the second identifier is
`information associated with the identity of the rider, account, device, phone number, or Lyft app for riders.
`
`
`A-19
`
`
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 29 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`Source: https://help.lyft.com/hc/e/articles/115012926947-How-to-create-a-Lyft-account.
`
`
`
`
`
`
`A-20
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 30 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`
`
`A-21
`
`
`
`

`

`
`
`Claim
`10,341,838
`
`1[E]. allowing
`the
`second
`mobile device
`corresponding
`to
`the
`participant
`to
`join
`the
`communication
`network,
`the
`allowing based
`on
`a
`determination
`regarding
`the
`second data
`
`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 31 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`Source: https://account.lyft.com/auth?next=https%3A%2F%2Fwww.lyft.com%2Flogin%2Fjump.
`
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: allowing the second mobile device corresponding to the participant to join the
`communication network, the allowing based on a determination regarding the second data.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`The Lyft server(s) perform this limitation when the server uses the account or identity information described above
`to add the account/rider/phone number/Lyft app for riders to the Lyft platform or network of drivers and passengers.
`The Lyft server(s) also perform this limitation when the server uses the account or identity information to create or
`activate or update an account using the account or identity information described above. The Lyft server(s) also
`perform this limitation when a rider completes the sign-in or log-in process. On information and belief, the Lyft
`server(s) also perform this step using a verification or validation process within sign-up, sign-in, or status request
`process. On information and belief, the account or identity information is associated with the Lyft platform or
`network of drivers and passengers or a subset of the platform or network.
`
`
`
`
`
`A-22
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 32 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`Source: https://help.lyft.com/hc/e/articles/115012926947-How-to-create-a-Lyft-account
`
`
`
`
`
`
`A-23
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 33 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`Claim
`10,341,838
`
`
`
`A-24
`
`
`
`

`

`Case 5:21-cv-04653-BLF Document 78-13 Filed 03/28/22 Page 34 of 362
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`Source: https://account.lyft.com/auth?next=https%3A%2F%2Fwww.lyft.com%2Flogin%2Fjump.
`
`
`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves the
`right to supplement these contentions pursuant to production of such source code by Lyft and to the extent
`Defendant requires additional information in accordance with P.R. 3-1 and for any other reasons.
`
`The Lyft Accused Products infringe directly and/or indirectly by performing, inducing others to perform, and/or
`contributing to the performance of: receiving vehicle location data provided by the first mobile device
`corresponding to the vehicle, wherein the vehicle location data are associated with the first identifier and indicate
`coordinates of a geographical location of the first mobile device.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`The Lyft server(s) perform this limitation when they