throbber
IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA INC.,
`HUAWEI TECHNOLOGIES USA INC.,
`AND
`HUAWEI TECHNOLOGIES CO., LTD.,
`
` Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case No. 2:17-cv-513
`
`JURY TRIAL DEMANDED
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, AGIS Software Development, LLC (“AGIS Software” or “Plaintiff”) files this
`
`Original Complaint against Defendants Huawei Device USA Inc., Huawei Technologies USA
`
`Inc., and Huawei Technologies Co., Ltd. (collectively, “Defendants” or “Huawei”) 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, and 8,213,970 (collectively,
`
`the “patents-in-suit”).
`
`2.
`
`Upon information and belief, Defendant Huawei Technologies Co., Ltd. is a
`
`Chinese company that does business in Texas, directly or through intermediaries, and maintains
`
`Apple Inc. 1010
`U.S. Patent No. 9,445,251
`
`

`

`
`
`its principal place of business in Shenzhen, China. Upon information and belief, Huawei
`
`Technologies Co., Ltd. does business in Texas, directly or through intermediaries and 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, Defendant Huawei Device USA Inc., is a Texas
`
`corporation with its principal place of business located at 5700 Tennyson Parkway, Suite 600,
`
`Plano, Texas 75024, and may be served with process through its registered agent, CT
`
`Corporation System, 350 North Paul St., Ste. 2900, Dallas, Texas 75201. Upon information and
`
`belief, Huawei Device USA Inc. is a wholly-owned subsidiary of Huawei Technologies Co., Ltd.
`
`4.
`
`Upon information and belief, Defendant Huawei Technologies USA, Inc., is a
`
`Texas corporation with its principal place of business located at 5700 Tennyson Parkway, Suite
`
`500, Plano, TX 75024 and may be served with process through its registered agent, CT
`
`Corporation System, 1999 Bryan St., Suite 900, Dallas, TX 75201-3136. Upon information and
`
`belief, Huawei Device USA Inc. is a wholly-owned subsidiary of Huawei Technologies Co., Ltd.
`
`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 Defendants. Defendants conduct
`
`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 States.
`
`
`
`2
`
`

`

`
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Huawei
`
`Technologies Co., Ltd. is a foreign corporation and may be sued in this judicial district. Venue
`
`is further proper against Huawei Technologies USA Inc. and Huawei Device USA Inc. because
`
`both companies are incorporated in the State of Texas and, thus, reside in Texas. 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
`
`8.
`
`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.
`
`9.
`
`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.
`
`10.
`
`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.
`
`11.
`
`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
`
`
`
`3
`
`

`

`
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’838
`
`Patent is attached hereto as Exhibit D.
`
`FACTUAL ALLEGATIONS
`
`12. 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.
`
`13.
`
`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.
`
`14.
`
`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.
`
`
`
`4
`
`

`

`
`
`15.
`
`AGIS Software and all previous assignees of the patents-in-suit have complied
`
`with the requirements of 35 U.S.C. § 287(a).
`
`16.
`
`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.
`
`17.
`
`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 Union, Mate 9, Nexus 6P, GX8, and P8lite) (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 Phone, Find My Device,
`
`Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google Latitude,
`
`among other applications and/or features relevant to the patents-in-suit. The Accused Devices
`
`include software, including but not limited to the above-listed applications and/or features as
`
`components of its operating system and as downloads from a pre-installed application store, such
`
`as the Play Store, in the Accused Devices. The Accused Devices include functionality that
`
`allows users to form groups with other users such that users may view each others’ 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.
`
`
`
`5
`
`

`

`
`
`9
`
`Protect your phone,even if
`you lose it
`
`yoody can lose their pho
`
`o Device Manager
`
`Genel com
`
`
`
`TeROU
`~ ¢ =Birkbeck, University
`
`i A Bs)
`
`,
`
`/
`RussellSquare »
`
`Find My Device
`
`»
`
`f
`of tengo
`
`Senate HouseLibrary O
`
`oy
`
`go The British Museum @
`
`Google
`ndon_ as.
`
`4
`
`be
`
`—
`
`=
`
`2.
`
`“i
`
`ul
`
`Rachel's phone
`
`Lastseenjustnow
`
`100% @ Freewiri
`
`(J) PLaY SOUND
`
`é] Lock
`
`%]
`
`ERASE
`
`<
`
`)
`
`|
`
`6
`
`
`
`
`
`Cc
`
`>
`
`>
`
`>
`
`
`
`

`

`
`
`COUNT I
`(Infringement of the ’970 Patent)
`
`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`19.
`
`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.
`
`20.
`
`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).
`
`21.
`
`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).
`
`22.
`
`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 Phone, Find My
`
`Device, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`
`
`7
`
`

`

`
`
`Latitude, and Google Maps 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, Huawei 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.huawei.com, consumer.huawei.com,
`
`http://devicehelp.virginmobileusa.com/document/HowToSetupGuide/Union/Virgin_Mobile/en/U
`
`se_Android_Device_Manager_with_your_Huawei_Union, and Huawei 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).
`
`23.
`
`For example, Defendants directly and/or indirectly instruct their customers to
`
`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
`
`
`
`
`
`8
`
`

`

`
`
`
`
`
`
`(https://support.google.com/accounts/answer/3265955?hl=en)
`
`24.
`
`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.
`
`25.
`
`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.
`
`26.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`
`
`9
`
`

`

`
`
`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)
`
`27.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`28.
`
`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.
`
`29.
`
`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).
`
`30.
`
`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).
`
`
`
`10
`
`

`

`
`
`31.
`
`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, Find My
`
`Phone, 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 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.huawei.com, consumer.huawei.com, and
`
`Huawei 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).
`
`32.
`
`For example, Defendants’ exemplary Accused Devices are pre-installed with at
`
`least the Google Maps app which allows users to share their location and 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.
`
`
`
`11
`
`
`
`

`

`
`
`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.google.com/nexus/answer/6118731?hl=en&ref_topic=6118711)
`
`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 Google Hangouts and
`
`the Messages apps. (e.g.,
`
`https://play.google.com/store/apps/details?id=com.google.android.apps.messaging&hl=en;
`
`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/)
`
`
`
`
`
`12
`
`

`

`
`
`35.
`
`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/)
`
`
`
`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.,
`
`https://support.google.com/maps/answer/144361?co=GENIE.Platform%3DAndroid&hl=en)
`
`
`
`13
`
`

`

`
`
`
`
`
`
`37.
`
`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.
`
`38.
`
`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.
`
`39.
`
`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 ’055 Patent. Defendants’
`
`
`
`14
`
`

`

`
`
`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 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`41.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any products that embody the inventions of the ’251 Patent.
`
`42.
`
`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).
`
`43.
`
`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.
`
`44.
`
`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
`
`
`
`15
`
`

`

`
`
`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.huawei.com, consumer.huawei.com, and Huawei 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).
`
`45.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their location and 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.
`
`46.
`
`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)
`
`
`
`16
`
`

`

`
`
`47.
`
`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).
`
`
`
`48.
`
`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
`
`
`
`
`
`17
`
`

`

`
`
`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/)
`
`
`
`49.
`
`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.
`
`50.
`
`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.
`
`51.
`
`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.
`
`52.
`
`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’
`
`
`
`18
`
`

`

`
`
`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)
`
`53.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`54.
`
`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.
`
`55.
`
`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).
`
`56.
`
`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).
`
`57.
`
`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
`
`
`
`19
`
`

`

`
`
`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.huawei.com, consumer.huawei.com, and Huawei agents
`
`and representatives located within this judicial district. Defendants are thereby liable for
`
`infringement of the ’838 Patent under 35 U.S.C. § 271(b).
`
`58.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their location and 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.
`
`59.
`
`The exemplary Accused Devices are programmed to form and join groups by
`
`
`
`transmitting messages. (e.g.,
`
`
`
`20
`
`

`

`
`
`https://support.google.com/plus/answer/3302509?hl=en&co=GENIE.Platform%3DAndroid&oco
`
`=1; https://support.google.com/mail/answer/30970?hl=en)
`
`60.
`
`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://developers.google.com/maps/documentation/android-api/location).
`
`
`
`
`
`61.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Devices which include interactive maps and a plurality of user selectable symbols
`
`
`
`21
`
`

`

`
`
`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/)
`
`
`
`62.
`
`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.
`
`63.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’838 Patent in an amount to be proved at trial.
`
`64.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’838 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`65.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`
`
`22
`
`

`

`
`
`infringement of at least one valid and enforceable claim of the ’838 Patent. Defendants’
`
`infringement of the ’838 Patent have been and continue to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, AGIS Software prays for relief against Defendants as follows:
`
`a.
`
`Entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the patents-in-suit;
`
`b.
`
`Entry of judgment declaring that Defendants’ infringement of the patents-in-suit
`
`has been willful and deliberate;
`
`c.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with them, from further acts of infringement of the patents-in-suit;
`
`d.
`
`An order awarding damages sufficient to compensate AGIS Software for
`
`Defendants’ infringement of the patents-in-suit, but in no event less than a reasonable royalty,
`
`together with interest and costs;
`
`e.
`
`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
`
`result of Defendants’ willful and deliberate infringement of the patents-in-suit;
`
`f.
`
`Entry of judgment declaring that this case is exceptional and awarding AGIS
`
`Software its costs and reasonable attorney fees under 35 U.S.C. § 285; and
`
`g.
`
`Such other and further relief as the Court deems just and proper.
`
`Dated: June 21, 2017
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`23
`
`

`

`
`
`
`
`
`
`
`
`MCKOOL SMITH, P.C.
`
`/s/ Sam Baxter
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`24
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket