`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`
`Plaintiff,
`
`
`
`
`
`Case No. 2:17-cv-516
`
`JURY TRIAL DEMANDED
`
`
`
`
`§§§§§§§§§§§§§
`
`
`APPLE, INC.,
`
`
`
`v.
`
`
`
`
`
` Defendant.
`
`
`
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT
`FOR PATENT INFRINGEMENT
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”), files this
`
`First Amended Complaint against Defendant, Apple, Inc. (“Apple”), 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, Defendant Apple is a California corporation having
`
`a principal place of business in Cupertino, California and regular and established places of
`
`business at 2601 Preston Road, Frisco, Texas, and 6121 West Park Boulevard, Plano, Texas, as
`
`well as other locations in Texas. Apple offers and sells its products and/or services, including
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 2 of 33 PageID #: 182
`
`
`
`those accused herein of infringement, to customers and potential customers located in Texas,
`
`including in the judicial Eastern District of Texas. Apple may be served with process through its
`
`registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
`
`Dallas, Texas 75201.
`
`JURISDICTION AND VENUE
`
`3.
`
`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.
`
`4.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Apple
`
`has regular and established places of business in this judicial district, including in Frisco and
`
`Plano, is deemed to reside in this judicial district, has committed acts of infringement in this
`
`judicial district, and/or has purposely transacted business involving the accused devices in this
`
`judicial district.
`
`5.
`
`This Court has personal jurisdiction over Apple. Apple conducts business and has
`
`committed acts of patent infringement and/or has induced acts of patent infringement by others
`
`in this judicial district and/or has contributed to patent infringement by others in this judicial
`
`district, the State of Texas, and elsewhere in the United States.
`
`PATENTS-IN-SUIT
`
`6.
`
`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.
`
`
`
`2
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 3 of 33 PageID #: 183
`
`
`
`7.
`
`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.
`
`8.
`
`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.
`
`9.
`
`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.
`
`10.
`
`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
`
`11. 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
`
`
`
`3
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 4 of 33 PageID #: 184
`
`
`
`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.
`
`12.
`
`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.
`
`13.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’055, ’251, ’838,
`
`and ’829 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.
`
`14.
`
`AGIS Software and all previous assignees of the patents-in-suit have complied
`
`with the requirements of 35 U.S.C. § 287(a).
`
`15.
`
`Apple manufactures, uses, sells, offers for sale, and/or imports into the United
`
`States electronic devices such as, but not limited to: iPhones (including but not limited to
`
`versions 4, 4s, 5, 5s, SE, 6s, 6s+, 7, 7+, 7 Red, 8, X, and SE), iPads (including but not limited to
`
`iPad versions 1 through 3, iPad Air versions 1 and 2, iPad Mini versions 1 through 4, and iPad
`
`Pro 9.7, 10.5, and 12.9), and Apple Watch (including but not limited to Apple Watch versions
`
`Series 1, Series 2, Series 3, Nike+, and Hermes) (collectively, the “Accused Devices”), all of
`
`which are pre-configured or adapted with Apple’s own map-based communication applications
`
`
`
`4
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 5 of 33 PageID #: 185
`
`
`
`and/or features such as, but not limited to: Apple Maps, Find My iPhone, Find My Friends, and
`
`iMessage apps. Apple provides software such as, but not limited to: Apple Maps, Find My
`
`iPhone, Find My Friends, and iMessage apps as components of its iOS operating systems
`
`software and as downloads on Apple’s App Store. The Accused Devices, together with Apple’s
`
`software components such as, but not limited to Apple Maps, Find My iPhone, Find My Friends,
`
`and iMessage apps are configured to interact with Apple’s servers which provide the Apple
`
`Maps service, the Apple iCloud service, and the Apple iMessage service, among other services
`
`provided by Apple and utilized by Apple’s customers when operating the Accused Devices such
`
`as the iPhones and iPads identified herein.
`
`16.
`
`The Accused Devices include functionalities that allow users to form groups with
`
`other users and/or Accused Devices; to view the geographical locations, which may be
`
`continuously updated, of other users and/or Accused Devices in the groups; and to engage in
`
`communications between users and/or Accused Devices in the groups, including text, voice, and
`
`multimedia-based communications. The Accused Devices include additional functionalities that
`
`allow users to form groups to include their own Accused Devices and track their own lost or
`
`stolen Accused Devices (as shown below); to send and receive communications from their own
`
`lost or stolen Accused Devices; and to remotely control the lost or stolen Accused Devices.
`
`
`
`5
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 6 of 33 PageID #: 186
`
`
`
`COUNT I
`(Infringement of the ’970 Patent)
`
`
`
`17.
`
`Paragraphs 1 through 16 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`18.
`
`AGIS Software has not licensed or otherwise authorized Apple to make, use, offer
`
`for sale, sell, or import any Accused Devices and/or products that embody the inventions of the
`
`’970 Patent.
`
`19.
`
`Apple has and continues 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).
`
`20.
`
`Apple has and continues 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
`
`
`
`6
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 7 of 33 PageID #: 187
`
`
`
`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, Apple, 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 continues to actively, knowingly, and
`
`intentionally induce, direct infringement of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`21.
`
`For example, Apple has indirectly infringed and continues to indirectly infringe at
`
`least claim 6 of the ’970 Patent in the United States because Apple’s customers use such devices,
`
`including at least the Find My iPhone, Find My Friends, and iMessage Apps installed on the
`
`Accused Devices, in accordance with Apple’s instructions and thereby directly infringe at least
`
`claim 6 of the ’970 Patent in violation of 35 U.S.C. § 271(a). Apple actively, knowingly, and
`
`intentionally instructs its 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.apple.com, support.apple.com, appleid.apple.com, itunes.apple.com, and
`
`the “Genius Bars” located in Apple locations within this judicial district. Apple is thereby liable
`
`for infringement of the ’970 Patent under 35 U.S.C. § 271(b).
`
`22.
`
`For example, Apple, on its website, includes instructions for using its Find My
`
`iPhone app on
`
`the exemplary Accused Devices
`
`(e.g., https://support.apple.com/en-
`
`us/HT201472). This website sets forth at least the process by which a user of the exemplary
`
`Accused Devices may perform the steps of claim 6 of the ’970 Patent as depicted below.
`
`
`
`7
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 8 of 33 PageID #: 188
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 8 of 33 PagelD #: 188
`
`
`
`
`
`
`
`
`
`
`
`“AABB866
`
`7
`
`@ sate
`(OD news
`© Horm
`
`© vm
`(B came canta
`
`if Find My iPhone is tured on, you can use it to
`
`if Find My iPhone isn't on, change your passwords
`
`lf Find My iPhoneis enabled on your missing device
`You can use Find My iPhone to find your device and take additional actions that can help you recover it and keep
`your data safe.
`
`1L Sign in to idlowd.com/find on a Mac or PC, or use the Find My iPhone app on another iPhone, iPad, or iPod
`touch.
`
`2. Find your device. Open Find My iPhone, and select a device to view its location on a map. ff the device is
`nearby, you can have it play a sound to help you or someone nearby find it.
`3. Tum on Lost Mode. Using Lost Mode, you can remotely lock your device with a passcode, display a custom
`message with your phone number on your missing device's Lock screen, and keep track of your device's
`location. if you added credit or debit cards to Apple Pay, the ability to make payments using Apple Pay on the
`device is suspended when you put your device in Lost Mode.
`
`
`
`8
`
`Apple Inc.
`Exhibit 1013
`Page 008
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 9 of 33 PageID #: 189
`
`
`
`
`
`23.
`
`AGIS Software has suffered damages as a result of Apple’s direct and indirect
`
`infringement of the ’970 Patent in an amount to be proved at trial.
`
`24.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Apple’s infringement of the ’970 Patent for which there is no adequate remedy at law,
`
`unless Apple’s infringement is enjoined by this Court.
`
`25.
`
`Apple has committed and continues to commit acts of infringement that Apple
`
`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. Apple’s infringement of the ’970 Patent
`
`
`
`9
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 10 of 33 PageID #: 190
`
`
`
`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)
`
`26.
`
`Paragraphs 1 through 16 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`27.
`
`AGIS Software has not licensed or otherwise authorized Apple to make, use, offer
`
`for sale, sell, or import any Accused Devices and/or products that embody the inventions of the
`
`’055 Patent.
`
`28.
`
`Apple has and continues 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).
`
`29.
`
`Apple has and continues 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, Apple, 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 continues to actively, knowingly, and intentionally
`
`induce, direct infringement of the ’055 Patent in violation of 35 U.S.C. § 271(b).
`
`30.
`
`For example, Apple has indirectly infringed and continues to indirectly infringe at
`
`least claim 28 of the ’055 Patent in the United States because Apple’s customers use such
`
`devices, including at least the iMessage, Find My iPhone, Find My Friends, and Apple Maps
`
`
`
`10
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 11 of 33 PageID #: 191
`
`
`
`apps installed on the Accused Devices, in accordance with Apple’s instructions and thereby
`
`directly infringe at least one claim of the ’055 Patent in violation of 35 U.S.C. § 271(a). Apple
`
`actively, knowingly, and intentionally instructs its 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.apple.com, support.apple.com, appleid.apple.com,
`
`itunes.apple.com, and the “Genius Bars” located in Apple locations within this district. Apple is
`
`thereby liable for infringement of the ’055 Patent under 35 U.S.C. § 271(b).
`
`31.
`
`For example, Apple, on its website, includes instructions for using its Find My
`
`Friends app on
`
`the exemplary Accused Devices.
`
` (e.g., https://support.apple.com/en-
`
`us/HT201060). According to Apple’s website, the exemplary Accused Devices allow users to
`
`utilize the Find My Friends app and the Messages app to “keep tabs on each other” by viewing
`
`other users’ locations on a map and to communicate with them via the map interface.
`
`
`
`11
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 12 of 33 PageID #: 192
`
`
`
`32.
`
`Additionally, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Apple’s servers which provide the iCloud service,
`
`Apple Maps service, and iMessage service, among other relevant services. The exemplary
`
`Accused Devices further allow users to retrieve map information from multiple sources including
`
`street-view maps, as well as satellite renderings.
`
`33.
`
`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.apple.com/explore/messages; http://help.apple.com/iphone/10/#/iph3e0ca2db)
`
`
`
`12
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 13 of 33 PageID #: 193
`
`
`
`34.
`
`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 the iMessage apps. (e.g.,
`
`https://support.apple.com/en-us/HT207006).
`
`
`
`35.
`
`The IP- and SMS-based messages include location information that allows users
`
`to keep track of other devices. (e.g., https://support.apple.com/en-us/HT201060). 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://support.apple.com/kb/ph2698?locale=en_US)
`
`
`
`13
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 14 of 33 PageID #: 194
`
`
`
`
`
`36.
`
`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., http://www.imore.com/how-share-location-contacts-and-more-
`
`imessages-iphone-or-ipad)
`
`
`
`14
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 15 of 33 PageID #: 195
`
`
`
`37.
`
`AGIS Software has suffered damages as a result of Apple’s direct and indirect
`
`infringement of the ’055 Patent in an amount to be proved at trial.
`
`
`
`
`
`15
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 16 of 33 PageID #: 196
`
`
`
`38.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Apple’s infringement of the ’055 Patent for which there is no adequate remedy at law,
`
`unless Apple’s infringement is enjoined by this Court.
`
`39.
`
`Apple has committed and continues to commit acts of infringement that Apple
`
`actually knew or should have known constituted an unjustifiably high risk of infringement of at
`
`least one valid and enforceable claim of the ’055 Patent. Apple’s 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)
`
`40.
`
`Paragraphs 1 through 16 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`41.
`
`AGIS Software has not licensed or otherwise authorized Apple to make, use, offer
`
`for sale, sell, or import any Accused Devices and/or products that embody the inventions of the
`
`’251 Patent.
`
`42.
`
`Apple has and continues to directly infringe one or more claims 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).
`
`43.
`
`Apple has and continues 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, Apple, with knowledge that the
`
`
`
`16
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 17 of 33 PageID #: 197
`
`
`
`Accused Devices infringe the ’251 Patent at least as of the date of this Complaint, actively,
`
`knowingly, and intentionally induced, and continues to actively, knowingly, and intentionally
`
`induce, direct infringement of the ’251 Patent in violation of 35 U.S.C. § 271(b).
`
`44.
`
`For example, Apple has indirectly infringed and continues to indirectly infringe at
`
`least one claim of the ’251 Patent in the United States because Apple’s customers use such
`
`devices, including at least the iMessage, Find My iPhone, Find My Friends, and Apple Maps
`
`apps installed on the Accused Devices, in accordance with Apple’s instructions and thereby
`
`directly infringe at least one claim of the ’251 Patent in violation of 35 U.S.C. § 271(a). Apple
`
`actively, knowingly, and intentionally instructs its 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.apple.com, support.apple.com, appleid.apple.com,
`
`itunes.apple.com, and the “Genius Bars” located in Apple locations within this judicial district.
`
`Apple is thereby liable for infringement of the ’251 Patent under 35 U.S.C. § 271(b).
`
`45.
`
`For example, Apple, on its website, includes instructions for using its Find My
`
`Friends app on
`
`the exemplary Accused Devices.
`
` (e.g., https://support.apple.com/en-
`
`us/HT201060). According to Apple’s website, the exemplary Accused Devices allow users to
`
`utilize the Find My Friends app and the Messages app to “keep tabs on each other” by viewing
`
`other users’ locations on a map and to communicate with them via the map interface.
`
`
`
`17
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 18 of 33 PageID #: 198
`
`
`
`
`
`46.
`
`Additionally, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Apple’s servers which provide the iCloud service,
`
`Apple Maps service, and iMessage service, among other relevant services. The exemplary
`
`Accused Devices further allow users to retrieve map information from multiple sources including
`
`street-view maps, as well as satellite renderings.
`
`47.
`
`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.apple.com/en-us/HT201493).
`
`48.
`
`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.,
`
`
`
`18
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 19 of 33 PageID #: 199
`
`
`
`https://developer.apple.com/library/content/documentation/UserExperience/Conceptual/Location
`
`AwarenessPG/Introduction/Introduction.html#//apple_ref/doc/uid/;
`
`https://developer.apple.com/library/content/documentation/UserExperience/Conceptual/Location
`
`AwarenessPG/CoreLocation/CoreLocation.html#//apple_ref/doc/).
`
`
`
`
`
`49.
`
`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://support.apple.com/en-us/HT201060)
`
`
`
`19
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 20 of 33 PageID #: 200
`
`
`
`
`
`50.
`
`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.
`
`51.
`
`AGIS Software has suffered damages as a result of Apple’s direct and indirect
`
`infringement of the ’251 Patent in an amount to be proved at trial.
`
`52.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Apple’s infringement of the ’251 Patent for which there is no adequate remedy at law,
`
`unless Apple’s infringement is enjoined by this Court.
`20
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 21 of 33 PageID #: 201
`
`
`
`53.
`
`Apple has committed and continues to commit acts of infringement that Apple
`
`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. Apple’s 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)
`
`54.
`
`Paragraphs 1 through 16 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`55.
`
`AGIS Software has not licensed or otherwise authorized Apple to make, use, offer
`
`for sale, sell, or import any Accused Devices and/or products that embody the inventions of the
`
`’838 Patent.
`
`56.
`
`Apple has and continues 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).
`
`57.
`
`Apple has and continues 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, Apple, 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 continues to actively, knowingly, and intentionally
`
`induce, direct infringement of the ’838 Patent in violation of 35 U.S.C. § 271(b).
`
`
`
`21
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 22 of 33 PageID #: 202
`
`
`
`58.
`
`For example, Apple has indirectly infringed and continues to indirectly infringe at
`
`least claim 54 of the ’838 Patent in the United States because Apple’s customers use such
`
`devices, including at least the Messages, iMessage, Find My iPhone, Find My Friends, and
`
`Apple Maps apps installed on the Accused Devices, in accordance with Apple’s instructions and
`
`thereby directly infringe at least one claim of the ’838 Patent in violation of 35 U.S.C. § 271(a).
`
`Apple 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.apple.com,
`
`support.apple.com,
`
`appleid.apple.com,
`
`itunes.apple.com, and the “Genius Bars” located in Apple locations within this judicial district.
`
`Apple is thereby liable for infringement of the ’838 Patent under 35 U.S.C. § 271(b).
`
`59.
`
`For example, Apple, on its website, includes instructions for using its Find My
`
`Friends app on
`
`the exemplary Accused Devices.
`
` (e.g., https://support.apple.com/en-
`
`us/HT201060). According to Apple’s website, the exemplary Accused Devices allow users to
`
`utilize the Find My Friends app and the Messages app to “keep tabs on each other” by viewing
`
`other users’ locations on a map and to communicate with them via the map interface.
`
`
`
`22
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 23 of 33 PageID #: 203
`
`
`
`60.
`
`Additionally, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Apple’s servers which provide the iCloud service,
`
`Apple Maps service, and iMessage service, among other relevant services. The exemplary
`
`Accused Devices further allow users to retrieve map information from multiple sources including
`
`street-view maps as well as satellite renderings.
`
`61.
`
`The exemplary Accused Devices are programmed to form and join groups by
`
`transmitting messages. (See, e.g., https://support.apple.com/en-us/HT201493)
`
`
`
`62.
`
`The exemplary Accused Devices are further programmed
`
`to facilitate
`
`participation in the groups by communicating with one or more servers and sending to and
`
`receiving location information as depicted below. (e.g.,
`
`https://developer.apple.com/library/content/documentation/UserExperience/Conceptual/Location
`
`AwarenessPG/Introduction/Introduction.html#//apple_ref/doc/uid/;
`
`https://developer.apple.com/library/content/documentation/UserExperience/Conceptual/Location
`
`AwarenessPG/CoreLocation/CoreLocation.html#//apple_ref/doc/).
`
`
`
`23
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 24 of 33 PageID #: 204
`
`
`
`
`
`
`
`63.
`
`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://support.apple.com/en-us/HT201060)
`
`
`
`24
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 25 of 33 PageID #: 205
`
`
`
`
`
`64.
`
`The exemplary Accused Devices are further programmed to permit users to
`
`request and display additional maps from additional servers by, for example, moving the map
`
`screen and/or by selecting satellite image or other types of 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.
`
`65.
`
`AGIS Software has suffered damages as a result of Apple’s direct and indirect
`
`infringement of the ’838 Patent in an amount to be proved at trial.
`
`66.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Apple’s infringement of the ’838 Patent for which there is no adequate remedy at law,
`
`unless Apple’s infringement is enjoined by this Court.
`25
`
`
`
`
`
`Case 2:17-cv-00516-JRG Document 32 Filed 09/18/17 Page 26 of 33 PageID #: 206
`
`
`
`67.
`
`Apple has committed and continues to commit acts of infringement that Apple
`
`actually knew or should have known constituted an unjustifiably high risk of infringement of at
`
`