`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`
`Plaintiff,
`
`
`
`v.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`
`
`Case No.
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`HUAWEI DEVICE USA INC.,
`HUAWEI TECHNOLOGIES USA INC.,
`AND
`HUAWEI TECHNOLOGIES CO., LTD.,
`
`
`
`
`
`
` Defendants.
`
`
`
`Plaintiff, AGIS Software Development, LLC (“AGIS Software” or “Plaintiff”) files this
`
`First Amended Complaint against Defendants Huawei Device USA Inc., Huawei Device Co.,
`
`Ltd., and Huawei Device (Dongguan) Co., Ltd. (collectively, “Defendants” or “Huawei”) for
`
`patent infringement under 35 U.S.C. § 271. Based upon information provided by counsel for
`
`Huawei regarding the appropriate parties to this case, this First Amended Complaint replaces
`
`former-defendants Huawei Technologies USA Inc. and Huawei Technologies Co., Ltd. with
`
`new-defendants Huawei Device Co., Ltd. and Huawei Device (Dongguan) Co., Ltd.
`
`
`
`Plaintiff 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
`
`
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 2 of 26 PageID #: 248
`
`
`
`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 Device Co., Ltd. is a Chinese
`
`corporation that does business in Texas, directly or through intermediaries, and maintains its
`
`principal place of business in Bantian, Longggang District, Shenzhen, China, 518129. Upon
`
`information and belief, Huawei Device Co., Ltd. does business in Texas and in the judicial
`
`Eastern District of 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. Upon information and belief,
`
`Huawei Device Co., Ltd. is a wholly-owned subsidiary of Huawei Technologies Co., Ltd.
`
`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 Device (Dongguan) Co., Ltd. is
`
`a Chinese corporation that does business in Texas, directly or through intermediaries, and
`
`maintains its principal place of business at Songshan Lake Science and Technology Industrial
`
`Zone, Dongguan, Guangdong, China, 523808. Upon information and belief, Huawei Device
`
`(Dongguan) Co., Ltd does business in Texas and in the judicial Eastern District of 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
`
`
`
`2
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 3 of 26 PageID #: 249
`
`
`
`Eastern District of Texas. Upon information and belief, Huawei Device (Dongguan) Co., Ltd. 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.
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b).
`
`Defendants Huawei Device Co., Ltd. and Huawei Device (Dongguan) Co., Ltd. are foreign
`
`corporations and may be sued in this judicial district. Venue is further proper against Huawei
`
`Device USA Inc. because the company is incorporated in the State of Texas and, thus, resides 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.
`
`
`
`3
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 4 of 26 PageID #: 250
`
`
`
`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
`
`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.
`
`
`
`4
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 5 of 26 PageID #: 251
`
`
`
`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.
`
`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,
`
`
`
`5
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 6 of 26 PageID #: 252
`
`
`
`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.
`
`
`
`
`
`6
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 7 of 26 PageID #: 253
`
`
`
`
`
`
`
`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
`
`
`
`7
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 8 of 26 PageID #: 254
`
`
`
`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
`
`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
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 9 of 26 PageID #: 255
`Case 2:17-cv—00513-JRG Document 20 Filed 08/17/17 Page 9 of 26 PageID #: 255
`
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`9
`
`
`
`
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 10 of 26 PageID #: 256
`
`
`
`
`
`(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
`
`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.
`
`
`
`10
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 11 of 26 PageID #: 257
`
`
`
`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).
`
`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
`
`
`
`11
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 12 of 26 PageID #: 258
`
`
`
`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.
`
`
`
`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
`
`
`
`12
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 13 of 26 PageID #: 259
`
`
`
`SMS-based messages include location information as depicted below. (e.g.,
`
`https://blog.google/topics/rcs/delivering-rcs-messaging-android-users-worldwide/)
`
`
`
`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/)
`
`
`
`13
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 14 of 26 PageID #: 260
`
`
`
`
`
`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)
`
`
`
`14
`
`
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 15 of 26 PageID #: 261
`
`
`
`
`
`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’
`
`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.
`
`
`
`15
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 16 of 26 PageID #: 262
`
`
`
`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
`
`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).
`
`
`
`16
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 17 of 26 PageID #: 263
`
`
`
`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)
`
`
`
`
`
`
`
`17
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 18 of 26 PageID #: 264
`
`
`
`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
`
`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/)
`
`
`
`18
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 19 of 26 PageID #: 265
`
`
`
`
`
`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’
`
`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.
`
`
`
`19
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 20 of 26 PageID #: 266
`
`
`
`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
`
`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
`
`
`
`20
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 21 of 26 PageID #: 267
`
`
`
`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.,
`
`https://support.google.com/plus/answer/3302509?hl=en&co=GENIE.Platform%3DAndroid&oco
`
`=1; https://support.google.com/mail/answer/30970?hl=en)
`
`
`
`21
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 22 of 26 PageID #: 268
`
`
`
`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
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`
`
`22
`
`
`
`Case 2:17-cv-00513-JRG Document 20 Filed 08/17/17 Page 23 of 26 PageID #: 269
`
`
`
`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
`
`infringement of at least one valid and enforceable claim of the ’838 Patent. Defendan