Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 1 of 23 PageID #: 800
`Case 2:17-cv—00513-JRG Document 37-11 Filed 11/14/17 Page 1 of 23 PageID #: 800
`
`E X H IB IT 29
`EXHIBIT 29
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 2 of 23 PageID #: 801
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.
`
`
`Plaintiff.
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`ADVANCED GROUND INFORMATION
`SYSTEMS, INC.,
`
`
`
`
`
`vs
`
`LIFE360, INC.,
`
`Defendant.
`
`
`_____________________________________/
`
`
`PLAINTIFF ADVANCED GROUND INFORMATION SYSTEMS, INC.’S
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff Advanced Ground Information Systems, Inc., through its attorneys, for its
`
`complaint against defendant Life360, Inc., alleges as follows:
`
`STATEMENT OF JURISDICTION
`
`1.
`
`This action arises under the patent laws of the United States, Title 35 of the
`
`United States Code, including 35 U.S.C. §§ 271 and 281.
`
`NATURE OF THE ACTION
`
`2.
`
`This is a patent infringement action to stop Life360, Inc.’s (“Life360”) willful
`
`infringement of Advanced Ground Information System, Inc.’s (“AGIS”) United States Patent
`
`No. 7,031,728 entitled “Cellular Phone/PDA Communication System” (hereinafter “the ’728
`
`Patent”; a copy of which is attached hereto as Exhibit A), United States Patent No. 7,764,954
`
`entitled “Method of Providing Cell Phones in a Cell Phone Signal Strength Chart of Multiple
`
`Cell Phones in a Communication Network” (hereinafter “the ’954 Patent”; a copy of which is
`
`attached hereto as Exhibit B), United States Patent No. 8,126,441 entitled “Method of
`
`
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 3 of 23 PageID #: 802
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`Establishing a Cell Phone Network of Participants with a Common Interest” (hereinafter “the
`
`’441 Patent”; a copy of which is attached hereto as Exhibit C); and United States Patent No.
`
`7,672,681 entitled “Method of Renaming Soft Switch Controls in all Participant’s Cell Phones
`
`by an Administrator” (hereinafter “the ’681 Patent”; a copy of which is attached hereto as
`
`Exhibit D) (collectively, the “Patents-in-Suit”). AGIS is the owner of the Patents-in-Suit and
`
`seeks injunctive relief and monetary damages.
`
`THE PARTIES
`
`3.
`
`Plaintiff AGIS is a limited liability company organized and existing under the
`
`laws of the State of Florida with a principal place of business at 92 Lighthouse Drive, Jupiter,
`
`Florida, 33469.
`
`4.
`
`On information and belief, Life360 is a corporation organized and existing under
`
`the laws of the State of Delaware with a principal place of business at 539 Bryant Street, Suite
`
`402, San Francisco, California, 94107.
`
`JURISDICTION AND VENUE
`
`5.
`
`This Court has Federal subject matter jurisdiction over this matter pursuant to 28
`
`U.S.C. §§ 1331 and 1338(a) because it arises under the patent laws of the United States, Title 35
`
`of the United States Code, as it alleges acts of patent infringement.
`
`6.
`
`This Court has personal jurisdiction over Life360. On information and belief,
`
`Life360 either directly or indirectly through one or more of its subsidiaries, affiliates, partners, or
`
`other related parties, has conducted and/or continues to conduct business within the State of
`
`Florida, including the Southern District of Florida. On information and belief, Life360 has
`
`and/or does now, directly or through intermediaries (including distributors, retailers, and others)
`
`ship, distribute, offer for sale, sell, advertise, operate, use and/or direct the operation and use of
`
`2
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 4 of 23 PageID #: 803
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`its Life360 smartphone software application in the United States, the State of Florida, and the
`
`Southern District of Florida. For example, on information and belief, Life360 has caused the
`
`Life360 smartphone software application to be downloaded and used by residents in the
`
`Southern District of Florida through smartphone application stores such as the Google Play
`
`Store. On information and belief, Life360 operates a website that provides instructions on how
`
`to use its Life360 smartphone software application in an infringing manner. On information and
`
`belief, this website is accessible to and has been accessed by residents of the Southern District of
`
`Florida.
`
`7.
`
`8.
`
`AGIS’s main place of business is in the state of Florida.
`
`On information and belief, venue in this judicial district is proper under 28 U.S.C.
`
`§§ 1391 and 1400(b).
`
`MALCOLM K. “CAP” BEYER JR.’S INVENTIONS AND
`LIFE360’S CONTINUING WILLFUL INFRINGEMENT
`
`9.
`
`AGIS is a Florida-based military contractor, software developer, and technology
`
`company. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and a
`
`former Marine, is the company’s CEO and the named inventor of the AGIS patent portfolio. Mr.
`
`Beyer founded AGIS shortly after the September 11, 2001, terrorist attacks because he realized
`
`that many first-responder and civilian lives were lost that day, in part, because of poor
`
`communications systems. He envisioned and developed a new system that would use PDAs and
`
`cell phones to give users situational awareness superior to that provided by conventional military
`
`and first-responder radio systems.
`
`10.
`
`AGIS developed prototypes that matured into its LifeRingTM system. LifeRingTM
`
`provides first responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held or notebook-sized form factors. Using GPS-based
`
`3
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 5 of 23 PageID #: 804
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`location technology and existing or special-purpose cellular communications networks,
`
`LifeRingTM users can exchange location, heading, speed, and other information with other
`
`members of their group, see each other’s locations superimposed onto onscreen 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.
`
`11.
`
`On May 13, 2014, AGIS, through its attorneys, sent a letter to Mr. Chris Hulls,
`
`the Chief Executive Officer of Life360 Inc. (“Life360”). In that letter, AGIS identified the
`
`Patents-in-Suit, and described how Life360’s smartphone software application, entitled
`
`“Life360” (hereinafter “the Life360 smartphone software application”), is described by claims
`
`therein. AGIS invited Life360 to discuss a patent licensing arrangement. Life360 responded to
`
`AGIS’s invitation as follows:
`
`Dear Piece of Shit,
`
`We are currently in the process of retaining counsel and
`investigating this matter. As a result, we will not be able to meet
`your Friday deadline. After reviewing
`this matter with our
`counsel, we will provide a prompt response.
`
`I will pray tonight that karma is real, and that you are its worthy
`recipient,
`
`Chris
`
`Upon information and belief, Life360 has continued to infringe AGIS’s patents.
`
`12.
`
`Life360 makes, sells, and distributes products, including the Life360 smartphone
`
`software application, with which it has infringed and continues to infringe AGIS’s patents,
`
`directly and indirectly. On information and belief, Life360 has been distributing and/or selling
`
`location based smartphone software since 2008, and its software is being used by tens of millions
`
`4
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 6 of 23 PageID #: 805
`
`of users. Life360’s software products depend entirely on location-based reporting and
`
`communication technology invented and patented by Mr. Beyer and AGIS.
`
`13.
`
`AGIS has marked all of its products embodying the inventions claimed in its
`
`patents as prescribed by 35 U.S.C. §287. Life360 was given actual notice of the infringements
`
`alleged in this complaint no later than May 13, 2014, or in the alternative, no later than the date
`
`of service of this complaint upon Life360.
`
`COUNT ONE – INFRINGEMENT OF U.S. PATENT 7,031,728
`
`AGIS incorporates by reference Paragraphs 1 through 13 in their entirety as if
`
`14.
`
`fully set forth herein.
`
`15.
`
`On April 18, 2006, United States Patent No. 7,031,728 (“the ’728 Patent”) was
`
`issued to Mr. Beyer for an invention in a cellular phone/PDA communication system. Mr. Beyer
`
`assigned the ’728 Patent to AGIS, and AGIS has retained the right to sue for past and future
`
`infringement.
`
`16.
`
`Life360 has directly infringed and continues to directly infringe the ’728 Patent
`
`by making, selling, offering for sale, and using communication systems that embody the patented
`
`invention, and has contributed to and induced the use of (and continues to contribute to and
`
`induce the use of) such infringing communication systems by others, and will continue to do so
`
`unless enjoined by this Court.
`
`17.
`
`Life360 has, and continues to, directly infringe the ’728 patent. On information
`
`and belief, Life360’s employees have used the Life360 smartphone software application in the
`
`United States. The Life360 smartphone software application, when used on a smartphone or
`
`tablet, meets all of the limitations of at least claims 3, 4, 7, 8, 10, and 11 of the ’728 Patent. For
`
`example, Life360’s smartphone software application includes a “Family Locator” feature along
`
`5
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 7 of 23 PageID #: 806
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`with map software, messaging software, and call software that allows a user to touch a family
`
`member’s symbol on a map and initiate a rapid voice communication or text message.
`
`18.
`
`Life360 has, and continues to, induce infringement of the ’728 patent. Life360
`
`has distributed, and continues to distribute, the Life360 smartphone software application to users
`
`via, for instance, the Google Play Store. The Google Play Store indicates that Life360 has been
`
`downloaded between five and ten million times. On information and belief, Life360’s users have
`
`used, and continue to use, the Life360 smartphone software application in the United States. The
`
`Life360 smartphone software application, when used on a smartphone or tablet, meets all of the
`
`limitations of at least claims 3, 4, 7, 8, 10, and 11 of the ’728 Patent. For example, Life360’s
`
`smartphone software application includes a “Family Locator” feature along with map software,
`
`messaging software, and call software that allows a user to touch a family member’s symbol on a
`
`map and initiate a rapid voice communication or text message. Life360 knew or was willfully
`
`blind to the fact that its distribution of the Life360 smartphone software application, and
`
`instructions relating to the operation thereof, induced and continues to induce infringement by
`
`users of at least claims 3, 4, 7, 8, 10, and 11 of the ’728 Patent. In AGIS’s May 13, 2014 letter,
`
`Life360 was informed of these infringing activities, including, inter alia, distributing its Life360
`
`smartphone software application and instructions relating to the operation of the same. AGIS’s
`
`letter provided specific examples of the manner in which Life360’s instructions were inducing
`
`users to infringe the ’728 patent. On information and belief, Life360 continues to distribute the
`
`Life360 smartphone software application to users, together with instructions to perform steps
`
`that infringe one or more claims of the ’728 patent. For example, Life360 describes its software
`
`in the Google Play Store as a “Family Locator” that locates family and friends on a private map
`
`and allows users to “chat one-on-one or with everyone within each of [their] Circles.” As a
`
`6
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 8 of 23 PageID #: 807
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`further example, Life360 provides instructions on its website for utilizing its Life360 software—
`
`and, in particular, the “Family Locator” feature—on smartphones and tablets. Life360,
`
`therefore, has and continues to induce infringement by its users.
`
`19.
`
`Life360 has, and continues to, contribute to infringement of the ’728 patent by its
`
`users. For example, through, for instance, the Google Play Store, Life360 has distributed the
`
`Life360 smartphone software application to users knowing the same to be especially made or
`
`especially adapted for infringement of the ’728 patent. The Google Play Store indicates that
`
`Life360 has been downloaded between five and ten million times. On information and belief,
`
`Life360’s users have used the Life360 smartphone software application in the United States.
`
`The Life360 smartphone software application, when used on a smartphone or tablet, meets all of
`
`the limitations of at least claims 3, 4, 7, 8, 10, and 11 of the ’728 Patent. For example, Life360’s
`
`smartphone software application includes a “Family Locator” along with map software,
`
`messaging software, and call software that allows a user to touch a family member’s symbol on a
`
`map and initiate a rapid voice communication or text message. Life360 knew that its distribution
`
`of the Life360 smartphone software application contributed to infringement by its users of at
`
`least claims 3, 4, 7, 8, 10, and 11 of the ’728 Patent no later than May 13, 2014, the date on
`
`which AGIS sent a letter to Life360 identifying its infringement of the ’728 patent. Even though
`
`Life360 knew of these facts, Life360 has continued to distribute the Life360 smartphone
`
`software application, which is especially made for users to infringe one or more claims of the
`
`’728 Patent. For example, Life360 describes its software in the Google Play Store as a “Family
`
`Locator” that locates family and friends on a private map and allows users to “chat one-on-one or
`
`with everyone within each of [their] Circles.” As a further example, Life360 provides
`
`instructions on its website for utilizing its Life360 software—and, in particular, the “Family
`
`7
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 9 of 23 PageID #: 808
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`Locator” feature—on smartphones and tablets. The Life360 smartphone software application is
`
`not a staple article or a commodity of commerce suitable for a substantial non-infringing use.
`
`Life360, therefore, has contributed to, and is currently contributing to, the infringement of others.
`
`20.
`
`Life360 has infringed and continues to infringe despite an objectively high
`
`likelihood that its actions constitute infringement of AGIS’s valid patent rights. On information
`
`and belief, Life360 knew of or should have known of this objectively high risk at least as early as
`
`the launch of each infringing product, but no later than May 13, 2014, the date on which AGIS
`
`sent a letter to Life360 identifying the ’728 patent or—in the alternative—no later than the date
`
`of service of this complaint. Thus, Life360’s infringement of the ’728 patent has been and
`
`continues to be willful.
`
`21.
`
`AGIS has suffered irreparable harm from, and has no adequate remedy at law
`
`against, Life360’s acts of infringement. Unless Life360 is enjoined from its infringement of the
`
`’728 patent, AGIS will suffer further irreparable harm.
`
`22.
`
`As a result of Life360’s acts of infringement, AGIS has suffered and will continue
`
`to suffer damages in an amount to be proven at trial, and pursuant to 35 U.S.C. § 284, requests
`
`the award of such damages, not less than a reasonable royalty. Because of Life360’s willful
`
`infringement, AGIS requests the award of treble damages and attorneys’ fees, pursuant to, for
`
`example, 35 U.S.C. §§ 284 and 285.
`
`
`COUNT TWO – INFRINGEMENT OF U.S. PATENT 7,764,954
`
`AGIS incorporates by reference Paragraphs 1 through 13 in their entirety as if
`
`23.
`
`fully set forth herein.
`
`24.
`
`On July 27, 2010, United States Patent No. 7,764,954 (“the ’954 Patent”) was
`
`issued to Mr. Beyer for an invention in a cellular phone/PDA communication system. Mr. Beyer
`
`8
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 10 of 23 PageID #: 809
`
`assigned the ’954 Patent to AGIS, and AGIS has retained the right to sue for past and future
`
`infringement.
`
`25.
`
`Life360 has directly infringed and continues to directly infringe the ’954 Patent
`
`by making, selling, offering for sale, and using communication systems and software that
`
`provide cellular communications networks that embody the patented invention, and has
`
`contributed to and induced the use of (and continues to contribute to and induce the use of) such
`
`infringing communication systems and software by others, and will continue to do so unless
`
`enjoined by this Court.
`
`26.
`
`Life360 has, and continues to, directly infringe the ’954 patent. On information
`
`and belief, Life360’s employees have used the Life360 smartphone software application in the
`
`United States. The Life360 smartphone software application, when used on a smartphone or
`
`tablet, meets all of the limitations of at least claim 1 of the ’954 Patent. For example, Life360’s
`
`smartphone software application includes a “Family Locator” that allows users to view the
`
`locations of other Life360 users within a “circle” and to initiate communication with those users
`
`by touching symbols on maps. Upon information and belief, these maps are stored on remote
`
`servers and are downloaded from those servers to the smartphones and tablets running the
`
`Life360 smartphone software application.
`
`27.
`
`Life360 has, and continues to, induce infringement of the ’954 patent. Life360
`
`has distributed, and continues to distribute, the Life360 smartphone software application to users
`
`via, for instance, the Google Play Store. The Google Play Store indicates that Life360 has been
`
`downloaded between five and ten million times. On information and belief, Life360’s users have
`
`used, and continue to use, the Life360 smartphone software application in the United States. The
`
`Life360 smartphone software application, when used on a smartphone or tablet, meets all of the
`
`9
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 11 of 23 PageID #: 810
`
`limitations of at least claim 1 of the ’954 Patent. For example, Life360’s smartphone software
`
`application includes a “Family Locator” that allows users to view the locations of other Life360
`
`users within a “circle” and to initiate communication with those users by touching symbols on
`
`maps. Upon information and belief, these maps are stored on remote servers and are
`
`downloaded from those servers to the smartphones and tablets running the Life360 smartphone
`
`software application. Life360 knew or was willfully blind to the fact that its distribution of the
`
`Life360 smartphone software application, and instructions relating to the operation thereof,
`
`induced and continues to induce infringement by users of at least claim 1 of the ’954 Patent. In
`
`AGIS’s May 13, 2014 letter, Life360 was informed of these infringing activities, including, inter
`
`alia, distributing its Life360 smartphone software application and instructions relating to the
`
`operation of the same. AGIS’s letter provided specific examples of the manner in which
`
`Life360’s instructions were inducing users to infringe the ’954 patent. On information and
`
`belief, Life360 continues to distribute the Life360 smartphone software application to users,
`
`together with instructions to utilize the “Family Locator” feature and to perform steps that
`
`infringe one or more claims of the ’954 patent. For example, Life360 describes its software in
`
`the Google Play Store as a “Family Locator” that locates family and friends on a private map and
`
`allows users to “chat one-on-one or with everyone within each of [their] Circles.” As a further
`
`example, Life360 provides instructions on its website for utilizing its Life360 software—and, in
`
`particular, the “Family Locator” feature—on smartphones and tablets. Life360, therefore, has
`
`and continues to induce infringement by its users.
`
`28.
`
`Life360 has, and continues to, contribute to infringement of the ’954 patent by its
`
`users. For example, through, for instance, the Google Play Store, Life360 has distributed the
`
`Life360 smartphone software application to users knowing the same to be especially made or
`
`10
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 12 of 23 PageID #: 811
`
`especially adapted for infringement of the’954 patent. The Google Play Store indicates that
`
`Life360 has been downloaded between five and ten million times. On information and belief,
`
`Life360’s users have used the Life360 smartphone software application in the United States. The
`
`Life360 smartphone software application, when used on a smartphone or tablet, meets all of the
`
`limitations of at least claim 1 of the ’954 Patent. For example, Life360’s smartphone software
`
`application includes a “Family Locator” that allows users to view the locations of other Life360
`
`users within a “circle” and to initiate communication with those users by touching symbols on
`
`maps. Upon information and belief, these maps are stored on remote servers and are
`
`downloaded from those servers to the smartphones and tablets running the Life360 smartphone
`
`software application. Life360 knew that its distribution of the Life360 smartphone software
`
`application contributed to infringement by its users of at least claim 1 of the ’954 Patent no later
`
`than May 13, 2014, the date on which AGIS sent a letter to Life360 identifying its infringement
`
`of the ’954 patent. Even though Life360 knew of these facts, Life360 has continued to distribute
`
`the Life360 smartphone software application, which is especially made for users to infringe one
`
`or more claims of the ’954 Patent. For example, Life360 describes its software in the Google
`
`Play Store as a “Family Locator” that locates family and friends on a private map and allows
`
`users to “chat one-on-one or with everyone within each of [their] Circles.” As a further example,
`
`Life360 provides instructions on its website for utilizing its Life360 software—and, in particular,
`
`the “Family Locator” feature—on smartphones and tablets. The Life360 smartphone software
`
`application is not a staple article or a commodity of commerce suitable for a substantial non-
`
`infringing use. Life360, therefore, has contributed to, and is currently contributing to, the
`
`infringement of others.
`
`11
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 13 of 23 PageID #: 812
`
`29.
`
`Life360 has infringed and continues to infringe despite an objectively high
`
`likelihood that its actions constitute infringement of AGIS’s valid patent rights. On information
`
`and belief, Life360 knew of or should have known of this objectively high risk at least as early as
`
`the launch of each infringing product, but no later than May 13, 2014, the date on which AGIS
`
`sent a letter to Life360 identifying the ’954 patent or—in the alternative—no later than the date
`
`of service of this complaint. Thus, Life360’s infringement of the ’954 patent has been and
`
`continues to be willful.
`
`30.
`
`AGIS has suffered irreparable harm from, and has no adequate remedy at law
`
`against, Life360’s acts of infringement. Unless Life360 is enjoined from its infringement of the
`
`’954 patent, AGIS will suffer further irreparable harm.
`
`31.
`
`As a result of Life360’s acts of infringement, AGIS has suffered and will continue
`
`to suffer damages in an amount to be proven at trial, and pursuant to 35 U.S.C. § 284, requests
`
`the award of such damages, not less than a reasonable royalty. Because of Life360’s willful
`
`infringement, AGIS requests the award of treble damages and attorneys’ fees, pursuant to, for
`
`example, 35 U.S.C. §§ 284 and 285.
`
`COUNT THREE – INFRINGEMENT OF U.S. PATENT 8,126,441
`
`AGIS incorporates by reference Paragraphs 1 through 13 in their entirety as if
`
`32.
`
`fully set forth herein.
`
`33.
`
`On February 28, 2012, United States Patent No. 8,126,441 (“the ’441 Patent”)
`
`was issued to Mr. Beyer for an invention on a method of establishing a cell phone network of
`
`participants with a common interest. Mr. Beyer assigned the ’441 Patent to AGIS, and AGIS has
`
`retained the right to sue for past and future infringement.
`
`12
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 14 of 23 PageID #: 813
`
`34.
`
`Life360 has directly infringed and continues to directly infringe the ’441 Patent
`
`by making, selling, offering for sale, and using communication systems and software that
`
`provide cellular communications networks that embody the patented invention, and has
`
`contributed to and induced the use of (and continues to contribute to and induce the use of) such
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`infringing communication systems and software by others, and will continue to do so unless
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`enjoined by this Court.
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`35.
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`Life360 has, and continues to, directly infringe the ’441 patent. On information
`
`and belief, Life360’s employees have used the Life360 smartphone software application in the
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`United States. The Life360 smartphone software application, when used on a smartphone or
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`tablet, meets all of the limitations of at least claim 1 of the ’441 Patent. For example, the
`
`Life360 smartphone software application includes a “Family Locator” feature that allows users
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`to view the locations of other Life360 users and to initiate communication with those users by
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`touching symbols on a map. The “Family Locator” includes an additional feature that prompts
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`users to poll other Life360 users to prompt them to begin transmitting location information.
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`36.
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`Life360 has, and continues to, induce infringement of the ’441 patent. Life360
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`has distributed, and continues to distribute, the Life360 smartphone software application to users
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`via, for instance, the Google Play Store. The Google Play Store indicates that Life360 has been
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`downloaded between five and ten million times. On information and belief, Life360’s users have
`
`used the Life360 smartphone software application in the United States. The Life360 smartphone
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`software application, when used on a smartphone or tablet, meets all of the limitations of at least
`
`claim 1 of the ’441 patent. For example, the Life360 smartphone software application includes a
`
`“Family Locator” feature that allows users to view the locations of other Life360 users and to
`
`initiate communication with those users by touching symbols on a map. The “Family Locator”
`
`13
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
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`

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`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 15 of 23 PageID #: 814
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`includes an additional feature that prompts users to poll other Life360 users to prompt them to
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`begin transmitting location information. Life360 knew or was willfully blind to the fact that its
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`distribution of the Life360 smartphone software application, and instructions relating to the
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`operation thereof, induced and continues to induce infringement by its users of at least claim 1 of
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`the ’441 Patent. In AGIS’s May 13, 2014 letter, Life360 was informed of these infringing
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`activities, including, inter alia, distributing its Life360 smartphone software application and
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`instructions relating to the operation of the same. AGIS’s letter provided specific examples of
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`the manner in which Life360’s instructions were inducing users to infringe the ’441 patent. On
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`information and belief, Life360 continues to distribute the Life360 smartphone software
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`application to users, together with instructions to utilize the “Family Locator” feature and to
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`perform steps that infringe one or more claims of the ’441 patent. For example, Life360
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`describes its software in the Google Play Store as a “Family Locator” that locates family and
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`friends on a private map and allows users to “chat one-on-one or with everyone within each of
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`[their] Circles.” As a further example, Life360 provides instructions on its website for utilizing
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`its Life360 software—and, in particular, the “Family Locator” feature—on smartphones and
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`tablets. Life360, therefore, has and continues to induce infringement by its users.
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`37.
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`Life360 has, and continues to, contribute to infringement of the ’441 patent by its
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`users. For example, though, for instance, the Google Play Store, Life360 has distributed the
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`Life360 smartphone software application to users knowing the same to be especially made or
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`especially adapted for infringement of the ’441 patent. The Google Play Store indicates that
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`Life360 has been downloaded between five and ten million times. On information and belief,
`
`Life360’s users have used the Life360 smartphone software application in the United States.
`
`The Life360 smartphone software application, when used on a smartphone or tablet, meets all of
`
`14
`LOTT & FISCHER, PL • 355 Alhambra Circle • Suite 1100 • Coral Gables, FL 33134
`Telephone: (305) 448-7089 • Facsimile: (305) 446-6191
`
`

`

`Case 2:17-cv-00513-JRG Document 37-11 Filed 11/14/17 Page 16 of 23 PageID #: 815
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`the limitations of at least claim 1 of the ’441 Patent. For example, the Life360 smartphone
`
`software application includes a “Family Locator” feature that allows users to view the locations
`
`of other Life360 users and to initiate communication with those users by touching symbols on a
`
`map. The “Family Locator” includes an additional feature that prompts users to poll other
`
`Life360 users to prompt them to begin transmitting location information. Life360 knew that its
`
`distribution of the Life360 smartphone software application contributed to infringement by its
`
`users of at least claim 1 of the ’441 Patent no later than May 13, 2014, the date on which AGIS
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`sent a letter to Life360 identifying its infringement of the ’441 patent. Even though Life360
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`knew of or should have known these facts, Life360 has continued to distribute the Life360
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`smartphone software application, which is especially made for users to infringe one or more
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`claims of the ’441 Patent. For example, Life360 describes its software in the Google Play Store
`
`as a “Family Locator” that locates family and friends on a private map and allows users to “chat
`
`one-on-one or with everyone within each of [their] Circles.” As a further example, Life360
`
`provides instructions on its website for utilizing its Life360 software—and, in particular, the
`
`“Family Locator” feature—on smartphones and tablets. The Life360 smartphone software
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`application is not a staple article or a commodity of commerce suitable for a substantial non-
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`infringing use. Life360, therefore, has contributed to, and is currently contributing to, the
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`infringement of others.
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`38.
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`Life360 has infringed and continues to infringe despite an objectively high
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`likelihood that its actions constitute infringement of AGIS’s valid patent rights. On information
`
`and belief, Life360 knew of or should ha