Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 1 of 16 PageID #: 18785
`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 1 of 16 PageID #: 18785
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT 24
`
`EXHIBIT 24
`
`
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 2 of 16 PageID #: 18786
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`Plaintiff,
`
`v.
`
`
`
`
`APPLE INC.,
`
`
`
`
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`Civil Action No. 2:17-cv-513-JRG
`LEAD CASE
`
`Civil Action No. 2:17-cv-0516-JRG
`Consolidated Case
`
`APPLE INC.’S FINAL ELECTION OF PRIOR ART REFERENCES
`
`Defendant Apple Inc. (“Apple”) serves its Final Election of Prior Art References, as set
`
`forth below, pursuant to the Court’s Sixth Amended Docket Control Order (Dkt. No. 193) and in
`
`view of Plaintiff AGIS Software Development, LLC’s (“AGIS”) August 15, 2018 Final Election
`
`of Asserted Claims. Apple expressly reserves its right to assert at or before trial that the patents-
`
`in-suit are invalid for additional reasons, including (without limitation) under 35 U.S.C. §§ 101
`
`and/or 112. Apple further expressly reserves its rights to assert additional prior art references
`
`uncovered during the course of fact discovery (including, but not limited to, any references based
`
`upon discovery from third parties).
`
`In addition, as Apple explained in its December 1, 2017 Patent Rule 3-3 Invalidity
`
`Contentions and April 16, 2018 Amended Patent Rule 3-3 Invalidity Contentions, U.S. Pat. Nos.
`
`9,408,055; 9,445,251; 9,467,838; and 9,749,829 are entitled to a priority date no earlier than
`
`October 31, 2014. Apple expressly reserves its right to assert at trial that, under that priority date,
`
`to the extent that any of the accused Apple products are determined to infringe any claim of any
`
`of those asserted patents, those accused Apple products would also render the claims invalid under
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 3 of 16 PageID #: 18787
`
`at least AIA 35 U.S.C. § 102(a)(1) because they were each in public use and on sale or available
`
`for download before the effective filing date of those patents. Apple further reserves the right to
`
`assert at trial that, under that priority date, earlier AGIS patents and/or applications, including
`
`(without limitation) U.S. Patent No. 7,630,724, would also render the claims invalid under at least
`
`AIA 35 U.S.C. § 102(a)(1) because they were publicly available before the effective filing date of
`
`the those asserted patents.
`
`I.
`
`U.S. Pat. No. 8,213,970
`
`The asserted claims of U.S. Pat. No. 8,213,970 are invalid in view of the following prior
`
`art references alone, in combination with one another, and/or in combination with the knowledge
`
`of a person of ordinary skill in the art prior to the date of the alleged invention of the asserted
`
`claims:
`
` United States Patent No. 7,609,669, entitled “Voice Directed System and Method
`Configured for Assured Messaging to Multiple Recipients” to Sweeney (APL-
`AGIS_00012170
`- APL-AGIS_00012180), anticipates asserted claims, as
`demonstrated in Exhibit A-3 to Apple’s December 1, 2017 invalidity contentions and
`in any subsequent amendments thereto.
`
` United States Patent Application No. 08/0219416, entitled “Method and System for
`Obtaining Feedback from at Least One Recipient Via a Telecommunication Network”
`to Roujinsky (APL-AGIS_00012145 - APLAGIS_00012161), anticipates asserted
`claims, as demonstrated in Exhibit A-2 to Apple’s December 1, 2017 invalidity
`contentions and in any subsequent amendments thereto.
`
` United States Patent No. 7,609,669, entitled “Voice Directed System and Method
`Configured for Assured Messaging to Multiple Recipients” to Sweeney (APL-
`AGIS_00012170 - APL-AGIS_00012180) renders asserted claims obvious in
`combination with United States Patent Application No. 08/0219416, entitled “Method
`and System for Obtaining Feedback from at Least One Recipient Via a
`Telecommunication Network”
`to
`Roujinsky
`(APL-AGIS_00012145
`-
`APLAGIS_00012161), and the knowledge of a person of ordinary skill in the art prior
`to the proper priority date of the asserted claims, as demonstrated in Exhibits A-2 and
`A-3 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` United States Patent Publication No. 2003/0217109, entitled “Method and Apparatus
`for Automatic Notification and Response” to Ordille (APLAGIS_00012105 - APL-
`
`
`
`2
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 4 of 16 PageID #: 18788
`
`AGIS_00012144), anticipates asserted claims, as demonstrated in Exhibit A-1 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent Publication No. 2003/0217109, entitled “Method and Apparatus
`for Automatic Notification and Response” to Ordille (APLAGIS_00012105 - APL-
`AGIS_00012144) renders asserted claims obvious in combination with United States
`Patent No. 5,692,032, entitled “Mobile Terminal Having One Key User Message
`Acknowledgment Function”
`to Seppanen
`(APLAGIS_00012162
`- APL-
`AGIS_00012169), and the knowledge of a person of ordinary skill in the art prior to
`the proper priority date of the asserted claims, as demonstrated in Exhibit A-1 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent Publication No. 2003/0217109, entitled “Method and Apparatus
`for Automatic Notification and Response” to Ordille (APLAGIS_00012105 - APL-
`AGIS_00012144) renders asserted claims obvious in combination with United States
`Patent Publication No. 2006/0178128, entitled “Method of Operating a Mobile
`Communication Device and Mobile Communication System During an Emergency
`Situation” to Eaton (APL-AGIS_00012094 - APL-AGIS_00012104), and the
`knowledge of a person of ordinary skill in the art prior to the proper priority date of the
`asserted claims, as demonstrated in Exhibit A-1 to Apple’s December 1, 2017 invalidity
`contentions and in any subsequent amendments thereto.
`
` United States Patent Publication No. 2003/0217109, entitled “Method and Apparatus
`for Automatic Notification and Response” to Ordille (APLAGIS_00012105 - APL-
`AGIS_00012144), renders asserted claims obvious in combination with United States
`Patent No. 6,148,332, entitled “Mandatory Message Display and Reporting System” to
`Brewer (APL-AGIS_00012914 - APLAGIS_00012922), and the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims,
`as demonstrated in Exhibit A-1 to Apple’s December 1, 2017 invalidity contentions
`and in any subsequent amendments thereto.
`
` United States Patent No. 7,386,589, entitled “Managed Messaging Platform with
`Message Response Aggregation” to Tanumihardja (APLAGIS_00012181 - APL-
`AGIS_00012235) anticipates asserted claims, as demonstrated in Exhibit A-4 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent No. 7,386,589, entitled “Managed Messaging Platform with
`Message Response Aggregation” to Tanumihardja (APLAGIS_00012181 - APL-
`AGIS_00012235), renders asserted claims obvious in combination with United States
`Patent No. 5,692,032, entitled “Mobile Terminal Having One Key User Message
`Acknowledgment Function”
`to Seppanen
`(APLAGIS_00012162
`- APL-
`AGIS_00012169), and the knowledge of a person of ordinary skill in the art prior to
`the proper priority date of the asserted claims, as demonstrated in Exhibit A-4 to
`
`
`
`3
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 5 of 16 PageID #: 18789
`
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent No. 7,386,589, entitled “Managed Messaging Platform with
`Message Response Aggregation” to Tanumihardja (APLAGIS_00012181 - APL-
`AGIS_00012235), renders asserted claims obvious in combination with United States
`Patent Publication No. 2006/0178128, entitled “Method of Operating a Mobile
`Communication Device and Mobile Communication System During an Emergency
`Situation” to Eaton (APL-AGIS_00012094 - APL-AGIS_00012104), and the
`knowledge of a person of ordinary skill in the art prior to the proper priority date of the
`asserted claims, as demonstrated in Exhibit A-4 to Apple’s December 1, 2017 invalidity
`contentions and in any subsequent amendments thereto.
`
` United States Patent No. 7,386,589, entitled “Managed Messaging Platform with
`Message Response Aggregation” to Tanumihardja (APLAGIS_00012181 - APL-
`AGIS_00012235), renders asserted claims obvious in combination with United States
`Patent No. 6,148,332, entitled “Mandatory Message Display and Reporting System” to
`Brewer (APL-AGIS_00012914 - APLAGIS_00012922), and the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims,
`as demonstrated in Exhibit A-4 to Apple’s December 1, 2017 invalidity contentions
`and in any subsequent amendments thereto.
`
` United States Patent No. 6,816,878, entitled “Alert Notification System” to Zimmers
`(APL-AGIS_00012236 - APL-AGIS_00012283), renders asserted claims obvious in
`combination with United States Patent Publication No. 2003/0217109, entitled
`“Method and Apparatus for Automatic Notification and Response” to Ordille
`(APLAGIS_00012105 - APL-AGIS_00012144); United States Patent No. 5,692,032,
`entitled “Mobile Terminal Having One Key User Message Acknowledgment Function”
`to Seppanen (APLAGIS_00012162 - APL-AGIS_00012169); and the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims,
`as demonstrated in Exhibit A-5 to Apple’s December 1, 2017 invalidity contentions
`and in any subsequent amendments thereto.
`
` United States Patent No. 6,816,878, entitled “Alert Notification System” to Zimmers
`(APL-AGIS_00012236 - APL-AGIS_00012283), renders asserted claims obvious in
`combination with United States Patent Publication No. 2003/0217109, entitled
`“Method and Apparatus for Automatic Notification and Response” to Ordille
`(APLAGIS_00012105 - APL-AGIS_00012144); United States Patent Publication No.
`2006/0178128, entitled “Method of Operating a Mobile Communication Device and
`Mobile Communication System During an Emergency Situation” to Eaton (APL-
`AGIS_00012094 - APL-AGIS_00012104); and the knowledge of a person of ordinary
`skill in the art prior to the proper priority date of the asserted claims, as demonstrated
`in Exhibit A-5 to Apple’s December 1, 2017 invalidity contentions and in any
`subsequent amendments thereto.
`
` United States Patent No. 6,816,878, entitled “Alert Notification System” to Zimmers
`(APL-AGIS_00012236 - APL-AGIS_00012283), renders asserted claims obvious in
`
`
`
`4
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 6 of 16 PageID #: 18790
`
`combination with United States Patent No. 6,148,332, entitled “Mandatory Message
`Display
`and Reporting System”
`to Brewer
`(APL-AGIS_00012914
`-
`APLAGIS_00012922); United States Patent No. 5,692,032, entitled “Mobile Terminal
`Having One Key User Message Acknowledgment Function”
`to Seppanen
`(APLAGIS_00012162 - APL-AGIS_00012169); and the knowledge of a person of
`ordinary skill in the art prior to the proper priority date of the asserted claims, as
`demonstrated in Exhibit A-5 to Apple’s December 1, 2017 invalidity contentions and
`in any subsequent amendments thereto.
`
` United States Patent No. 6,816,878, entitled “Alert Notification System” to Zimmers
`(APL-AGIS_00012236 - APL-AGIS_00012283), renders asserted claims obvious in
`combination with United States Patent No. 6,148,332, entitled “Mandatory Message
`Display
`and Reporting System”
`to Brewer
`(APL-AGIS_00012914
`-
`APLAGIS_00012922); United States Patent Publication No. 2006/0178128, entitled
`“Method of Operating a Mobile Communication Device and Mobile Communication
`System During an Emergency Situation” to Eaton (APL-AGIS_00012094 - APL-
`AGIS_00012104); and the knowledge of a person of ordinary skill in the art prior to
`the proper priority date of the asserted claims, as demonstrated in Exhibit A-5 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
`II.
`
`U.S. Pat. No. 9,408,055
`
`The asserted claims of U.S. Pat. No. 9,408,055 are invalid in view of the following prior
`
`art references alone, in combination with one another, and/or in combination with the knowledge
`
`of a person of ordinary skill in the art prior to the date of the alleged invention of the asserted
`
`claims:
`
` AGIS’s LifeRing1 product and its prototypes anticipate asserted claims, as described in
`at least the materials identified in Exhibit B-2 to Apple’s Patent Rule 3-3 Invalidity
`Contentions served December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity
`Contentions served April 16, 2018, and in any subsequent amendments thereto.
`
` The Force XXI Battle Command, Brigade and Below system anticipates asserted
`claims and renders asserted claims obvious in combination with the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims
`or in combination with United States Patent Application No. 2002/0115453, entitled
`“Method and System for Location Based Wireless Communication Services” to Poulin
`(APL-AGIS_00011986 - APL-AGIS_00012004) or in combination with United States
`
`
`1 Apple’s contentions regarding LifeRing are based on AGIS’s own contentions and actions regarding the LifeRing
`product practicing asserted claims (e.g., discovery responses and patent marking), as well as Apple’s contention that
`the asserted claims are entitled to a priority date no earlier than October 31, 2014. Apple’s discovery into the operation
`of the LifeRing product is ongoing, but AGIS’s production of discovery concerning the system remains deficient.
`5
`
`
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 7 of 16 PageID #: 18791
`
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), as described in at least the materials identified in Exhibit B-14 to
`Apple’s Patent Rule 3-3 Invalidity Contentions served December 1, 2017, Apple’s
`Amended Patent Rule 3-3 Invalidity Contentions served April 16, 2018, and in any
`subsequent amendments thereto.
`
` The ActiveCampus system renders asserted claims obvious in combination with the
`knowledge of a person of ordinary skill in the art prior to the proper priority date of the
`asserted claims or in combination with United States Patent Application No.
`2007/0281690, entitled “Displaying and Tagging Places of Interest on Location-Aware
`Mobile Communication Devices
`in a Local Area Network”
`to Altman
`(APLAGIS_00011797 - APL-AGIS_00011823), as described in at least the materials
`identified in Exhibit B-1 to Apple’s Patent Rule 3-3 Invalidity Contentions served
`December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity Contentions served
`April 16, 2018, and in any subsequent amendments thereto.
`
` United States Patent Application No. 2007/0281690, entitled “Displaying and Tagging
`Places of Interest on Location-Aware Mobile Communication Devices in a Local Area
`Network” to Altman (APLAGIS_00011797 - APL-AGIS_00011823) renders asserted
`claims obvious in combination with the knowledge of a person of ordinary skill in the
`art prior to the proper priority date of the asserted claims or in combination with United
`States Patent No. 6,867,733, entitled “Method and System for a Plurality of Mobile
`Units
`to Locate One Another”
`to Sandhu (APLAGIS_00012005 - APL-
`AGIS_00012017), as demonstrated in Exhibit B-3 to Apple’s December 1, 2017
`invalidity contentions and in any subsequent amendments thereto.
`
` United States Patent No. 7,353,034, entitled “Location Sharing and Tracking Using
`Mobile Phones or Other Wireless Devices” to Haney (APL-AGIS_00011875 - APL-
`AGIS_00011939) anticipates the asserted claims, as demonstrated in Exhibit B-7 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent No. 6,867,733, entitled “Method and System for a Plurality of
`Mobile Units to Locate One Another” to Sandhu (APLAGIS_00012005 - APL-
`AGIS_00012017), renders obvious the asserted claims in combination with United
`States Patent No. 7,271,742, entitled “Method and Apparatus for Sending, Retrieving
`and Planning Location Relevant Information” to Sheha (APL-AGIS_00012018 - APL-
`AGIS_00012072); United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823); and the knowledge of a person or ordinary skill in the art
`prior to the proper priority date of the asserted claims, as demonstrated in Exhibits B-
`3 and B-12 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
`
`
`6
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 8 of 16 PageID #: 18792
`
` United States Patent Application No. 2002/0115453, entitled “Method and System for
`Location Based Wireless Communication Services” to Poulin (APL-AGIS_00011986
`- APL-AGIS_00012004) anticipates asserted claims and renders asserted claims
`obvious in combination with United States Patent Application No. 2007/0281690,
`entitled “Displaying and Tagging Places of Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823) and the knowledge of a person or ordinary skill in the art prior
`to the proper priority date of the asserted claims, as demonstrated in Exhibits B-3 and
`B-10 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` The Navizon system renders asserted claims obvious in combination with United States
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), and the knowledge of a person or ordinary skill in the art prior to
`the proper priority date of the asserted claims, as described in at least the materials
`identified in Exhibits B-7 and B-9 to Apple’s Patent Rule 3-3 Invalidity Contentions
`served December 1, 2017, and in any subsequent amendments thereto.
`
` The Automatic Packet/Position Reporting System renders asserted claims obvious in
`combination with United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823), as described in at least the materials identified in Exhibit B-
`4 to Apple’s Patent Rule 3-3 Invalidity Contentions served December 1, 2017, and in
`any subsequent amendments thereto.
`
`III. U.S. Pat. No. 9,445,251
`
`The asserted claims of U.S. Pat. No. 9,445,251 are invalid in view of the following prior
`
`art references alone, in combination with one another, and/or in combination with the knowledge
`
`of a person of ordinary skill in the art prior to the date of the alleged invention of the asserted
`
`claims:
`
` AGIS’s LifeRing2 product and its prototypes anticipate asserted claims, as described in
`at least the materials identified in Exhibit B-2 to Apple’s Patent Rule 3-3 Invalidity
`Contentions served December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity
`Contentions served April 16, 2018, and in any subsequent amendments thereto.
`
`
`2 Apple’s contentions regarding LifeRing are based on AGIS’s own contentions and actions regarding the LifeRing
`product practicing asserted claims (e.g., discovery responses and patent marking), as well as Apple’s contention that
`the asserted claims are entitled to a priority date no earlier than October 31, 2014. Apple’s discovery into the operation
`of the LifeRing product is ongoing, but AGIS’s production of discovery concerning the system remains deficient.
`7
`
`
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 9 of 16 PageID #: 18793
`
` The Force XXI Battle Command, Brigade and Below system anticipates asserted
`claims and renders asserted claims obvious in combination with the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims
`or in combination with United States Patent Application No. 2002/0115453, entitled
`“Method and System for Location Based Wireless Communication Services” to Poulin
`(APL-AGIS_00011986 - APL-AGIS_00012004) or in combination with United States
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), as described in at least the materials identified in Exhibit B-2 to
`Apple’s Patent Rule 3-3 Invalidity Contentions served December 1, 2017, Apple’s
`Amended Patent Rule 3-3 Invalidity Contentions served April 16, 2018, and in any
`subsequent amendments thereto.
`
` The ActiveCampus system renders asserted claims obvious in combination with the
`knowledge of a person of ordinary skill in the art prior to the proper priority date of the
`asserted claims or in combination with United States Patent Application No.
`2007/0281690, entitled “Displaying and Tagging Places of Interest on Location-Aware
`Mobile Communication Devices
`in a Local Area Network”
`to Altman
`(APLAGIS_00011797 - APL-AGIS_00011823), as described in at least the materials
`identified in Exhibit B-1 to Apple’s Patent Rule 3-3 Invalidity Contentions served
`December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity Contentions served
`April 16, 2018, and in any subsequent amendments thereto.
`
` United States Patent Application No. 2007/0281690, entitled “Displaying and Tagging
`Places of Interest on Location-Aware Mobile Communication Devices in a Local Area
`Network” to Altman (APLAGIS_00011797 - APL-AGIS_00011823) renders asserted
`claims obvious in combination with the knowledge of a person of ordinary skill in the
`art prior to the proper priority date of the asserted claims or in combination with United
`States Patent No. 6,867,733, entitled “Method and System for a Plurality of Mobile
`Units
`to Locate One Another”
`to Sandhu (APLAGIS_00012005 - APL-
`AGIS_00012017), as demonstrated in Exhibit C-3 to Apple’s December 1, 2017
`invalidity contentions and in any subsequent amendments thereto.
`
` United States Patent No. 7,353,034, entitled “Location Sharing and Tracking Using
`Mobile Phones or Other Wireless Devices” to Haney (APL-AGIS_00011875 - APL-
`AGIS_00011939) anticipates the asserted claims, as demonstrated in Exhibit C-7 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent No. 6,867,733, entitled “Method and System for a Plurality of
`Mobile Units to Locate One Another” to Sandhu (APLAGIS_00012005 - APL-
`AGIS_00012017), renders obvious the asserted claims in combination with United
`States Patent No. 7,271,742, entitled “Method and Apparatus for Sending, Retrieving
`and Planning Location Relevant Information” to Sheha (APL-AGIS_00012018 - APL-
`AGIS_00012072); United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`
`
`
`8
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 10 of 16 PageID #: 18794
`
`- APL-AGIS_00011823); and the knowledge of a person or ordinary skill in the art
`prior to the proper priority date of the asserted claims, as demonstrated in Exhibits C-
`3 and C-12 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` United States Patent Application No. 2002/0115453, entitled “Method and System for
`Location Based Wireless Communication Services” to Poulin (APL-AGIS_00011986
`- APL-AGIS_00012004) anticipates asserted claims and renders asserted claims
`obvious in combination with United States Patent Application No. 2007/0281690,
`entitled “Displaying and Tagging Places of Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823) and the knowledge of a person or ordinary skill in the art prior
`to the proper priority date of the asserted claims, as demonstrated in Exhibits C-3 and
`C-10 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` The Navizon system renders asserted claims obvious in combination with United States
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), and the knowledge of a person or ordinary skill in the art prior to
`the proper priority date of the asserted claims, as described in at least the materials
`identified in Exhibits C-7 and C-9 to Apple’s Patent Rule 3-3 Invalidity Contentions
`served December 1, 2017, and in any subsequent amendments thereto.
`
` The Automatic Packet/Position Reporting System renders asserted claims obvious in
`combination with United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823), as described in at least the materials identified in Exhibit C-
`4 to Apple’s Patent Rule 3-3 Invalidity Contentions served December 1, 2017, and in
`any subsequent amendments thereto.
`
`IV. U.S. Pat. No. 9,467,838
`
`The asserted claims of U.S. Pat. No. 9,467,838 are invalid in view of the following prior
`
`art references alone, in combination with one another, and/or in combination with the knowledge
`
`of a person of ordinary skill in the art prior to the date of the alleged invention of the asserted
`
`claims:
`
` AGIS’s LifeRing3 product and its prototypes anticipate asserted claims, as described in
`at least the materials identified in Exhibit B-2 to Apple’s Patent Rule 3-3 Invalidity
`
`3 Apple’s contentions regarding LifeRing are based on AGIS’s own contentions and actions regarding the LifeRing
`product practicing asserted claims (e.g., discovery responses and patent marking), as well as Apple’s contention that
`9
`
`
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 11 of 16 PageID #: 18795
`
`Contentions served December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity
`Contentions served April 16, 2018, and in any subsequent amendments thereto.
`
` The Force XXI Battle Command, Brigade and Below system anticipates asserted
`claims and renders asserted claims obvious in combination with the knowledge of a
`person of ordinary skill in the art prior to the proper priority date of the asserted claims
`or in combination with United States Patent Application No. 2002/0115453, entitled
`“Method and System for Location Based Wireless Communication Services” to Poulin
`(APL-AGIS_00011986 - APL-AGIS_00012004) or in combination with United States
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), as described in at least the materials identified in Exhibit B-2 to
`Apple’s Patent Rule 3-3 Invalidity Contentions served December 1, 2017, Apple’s
`Amended Patent Rule 3-3 Invalidity Contentions served April 16, 2018, and in any
`subsequent amendments thereto.
`
` The ActiveCampus system renders asserted claims obvious in combination with the
`knowledge of a person of ordinary skill in the art prior to the proper priority date of the
`asserted claims or in combination with United States Patent Application No.
`2007/0281690, entitled “Displaying and Tagging Places of Interest on Location-Aware
`Mobile Communication Devices
`in a Local Area Network”
`to Altman
`(APLAGIS_00011797 - APL-AGIS_00011823), as described in at least the materials
`identified in Exhibit B-2 to Apple’s Patent Rule 3-3 Invalidity Contentions served
`December 1, 2017, Apple’s Amended Patent Rule 3-3 Invalidity Contentions served
`April 16, 2018, and in any subsequent amendments thereto.
`
` United States Patent Application No. 2007/0281690, entitled “Displaying and Tagging
`Places of Interest on Location-Aware Mobile Communication Devices in a Local Area
`Network” to Altman (APLAGIS_00011797 - APL-AGIS_00011823) renders asserted
`claims obvious in combination with the knowledge of a person of ordinary skill in the
`art prior to the proper priority date of the asserted claims or in combination with United
`States Patent No. 6,867,733, entitled “Method and System for a Plurality of Mobile
`Units
`to Locate One Another”
`to Sandhu (APLAGIS_00012005 - APL-
`AGIS_00012017), as demonstrated in Exhibit D-3 to Apple’s December 1, 2017
`invalidity contentions and in any subsequent amendments thereto.
`
` United States Patent No. 7,353,034, entitled “Location Sharing and Tracking Using
`Mobile Phones or Other Wireless Devices” to Haney (APL-AGIS_00011875 - APL-
`AGIS_00011939) anticipates the asserted claims, as demonstrated in Exhibit D-7 to
`Apple’s December 1, 2017 invalidity contentions and in any subsequent amendments
`thereto.
`
` United States Patent No. 6,867,733, entitled “Method and System for a Plurality of
`Mobile Units to Locate One Another” to Sandhu (APLAGIS_00012005 - APL-
`
`the asserted claims are entitled to a priority date no earlier than October 31, 2014. Apple’s discovery into the operation
`of the LifeRing product is ongoing, but AGIS’s production of discovery concerning the system remains deficient.
`10
`
`
`
`

`

`Case 2:17-cv-00513-JRG Document 286-1 Filed 01/14/19 Page 12 of 16 PageID #: 18796
`
`AGIS_00012017), renders obvious the asserted claims in combination with United
`States Patent No. 7,271,742, entitled “Method and Apparatus for Sending, Retrieving
`and Planning Location Relevant Information” to Sheha (APL-AGIS_00012018 - APL-
`AGIS_00012072); United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823); and the knowledge of a person or ordinary skill in the art
`prior to the proper priority date of the asserted claims, as demonstrated in Exhibits D-
`3 and D-12 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` United States Patent Application No. 2002/0115453, entitled “Method and System for
`Location Based Wireless Communication Services” to Poulin (APL-AGIS_00011986
`- APL-AGIS_00012004) anticipates asserted claims and renders asserted claims
`obvious in combination with United States Patent Application No. 2007/0281690,
`entitled “Displaying and Tagging Places of Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797
`- APL-AGIS_00011823) and the knowledge of a person or ordinary skill in the art prior
`to the proper priority date of the asserted claims, as demonstrated in Exhibits D-3 and
`D-10 to Apple’s December 1, 2017 invalidity contentions and in any subsequent
`amendments thereto.
`
` The Navizon system renders asserted claims obvious in combination with United States
`Patent No. 7,353,034, entitled “Location Sharing and Tracking Using Mobile Phones
`or Other Wireless Devices”
`to Haney
`(APL-AGIS_00011875
`- APL-
`AGIS_00011939), and the knowledge of a person or ordinary skill in the art prior to
`the proper priority date of the asserted claims, as described in at least the materials
`identified in Exhibits D-7 and D-9 to Apple’s Patent Rule 3-3 Invalidity Contentions
`served December 1, 2017, and in any subsequent amendments thereto.
`
` The Automatic Packet/Position Reporting System renders asserted claims obvious in
`combination with United States Patent Application No. 2007/0281690, entitled
`“Displaying and Tagging Places of
`Interest on Location-Aware Mobile
`Communication Devices in a Local Area Network” to Altman (APLAGIS_00011797