Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 1 of 27 PageID #: 1583
`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 1 of 27 PageID #: 1583
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 2 of 27 PageID #: 1584
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`
`
`Plaintiff,
`
`v.
`
`HUAWEI DEVICE USA INC., HUAWEI
`DEVICE CO., LTD. AND HUAWEI DEVICE
`(DONGGUAN) CO., LTD.
`
`Defendants.
`
`LEAD CASE NO. 2:17-cv-513-JRG
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`
`JURY TRIAL DEMANDED
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`
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`
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Defendant.
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`MEMBER CASE NO. 2:17-cv-515-JRG
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`
`JURY TRIAL DEMANDED
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`
`
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`PLAINTIFF’S INITIAL DISCLOSURES TO THE HUAWEI DEFENDANTS
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`Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure and the Opposed
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`Docket Control Order (Dkt. 61) filed by the parties in this matter, Plaintiff AGIS Software
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`Development LLC (“AGIS”), hereby makes the following initial disclosures to Defendants
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`Huawei Device USA Inc., Huawei Device Co. Ltd., and Huawei Device (Dongguan) Co. Ltd.
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`(collectively, “Huawei” and/or “Defendants”). AGIS makes these initial disclosures based on
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`information obtained to date and available to AGIS and without the full benefit of any discovery
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`or disclosures from Huawei or any potentially relevant third parties. Moreover, AGIS has not
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 3 of 27 PageID #: 1585
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`had the opportunity to fully investigate all possible claims as discovery for AGIS has only just
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`begun, and therefore, AGIS reserves the right to amend and/or supplement these disclosures,
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`pursuant to Rule 26(e) of the Federal Rules of Civil Procedure, as additional information
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`becomes available during the course of this lawsuit.
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`AGIS’s initial disclosures are made without, in any way, waiving (i) the right to object to
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`any discovery requests or to the admissibility of any evidence on the grounds of privilege, work
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`product immunity, relevance, competency, materiality, hearsay, or any other proper ground in
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`this action or in any other action; (ii) the right to object to the use of any such information, for
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`any purpose, in whole or in part, in any proceeding in this action or in any other action; or (iii)
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`the right to object to any and all grounds to any other discovery request or proceeding involving
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`or relating to the subject matter of these disclosures in any proceeding in this action or in any
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`other action.
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`AGIS submits, based on information reasonably available to it at this time, and subject to
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`the limitations set forth above, the following initial disclosures:
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`(a)
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`The Correct Name of the Parties to the Lawsuit.
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`AGIS believes that the correct entities have been named as the plaintiff and as the
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`defendants in this lawsuit.
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`(b)
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`The Names, Address, and Telephone Number of Any Potential Parties.
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`AGIS is continuing its investigation into this issue and reserves the right to supplement
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`this response and identify additional parties to the lawsuit. AGIS is not presently aware of any
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`potential parties.
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`(c)
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`Legal Theories and, in General, the Factual Bases of AGIS’s Claims or
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`Defenses.
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`2
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 4 of 27 PageID #: 1586
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`AGIS has identified its current legal theories in its Amended Complaint (Dkt. 20) and
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`Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions (“PICS”) served in
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`accordance with P.R. 3-1, accompanied by claim charts, all of which AGIS hereby incorporates
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`by reference. AGIS reserves the right to raise additional claims as discovery progresses and as
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`the law in this area is developed further during the pendency of this litigation.
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`Plaintiff’s PICS identify that the Huawei Accused Products, as defined therein, infringe at
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`least each of claims 1-54 of U.S. Patent No. 9,467, 838 (the “’838 patent”); claims 1-35 of U.S.
`
`Patent No. 9,445,251 (the “’251 patent”); claims 1-54 of U.S. Patent No. 9,408,055 (the “’055
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`patent”); and claims 1 and 3-9 of U.S. Patent No. 8,213,970 (the “’970 patent”) (collectively
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`“Asserted Patents”). Plaintiff’s PICS also identify the Huawei Accused Products including, but
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`not limited to, the following phones and tablets (and any variants of the models listed below):
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` Activa 4G
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` Ascend
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` Ascend D1
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` Ascend D1 Quad
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` Ascend D1 Quad XL
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` Ascend D2
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` Ascend G300
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` Ascend G350
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` Ascend G510
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` Ascend G525
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` Ascend G526
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` Ascend G6
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`3
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 5 of 27 PageID #: 1587
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` Ascend G600
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` Ascend G610
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` Ascend G615
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` Ascend G620
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` Ascend G620S
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` Ascend G630
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` Ascend G7
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` Ascend G700
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` Ascend II
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` Ascend Mate
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` Ascend Mate 2 4G
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` Ascend Mate7
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` Ascend P1 LTE
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` Ascend P1 LTE
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` Ascend P1 S
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` Ascend P2
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` Ascend P6
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` Ascend P7
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` Ascend P7 Mini
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` Ascend Q
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` Ascend W1
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` Ascend W2
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` Ascend Y
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`4
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 6 of 27 PageID #: 1588
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` Ascend Y200
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` Ascend Y210
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` Ascend Y220
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` Ascend Y221
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` Ascend Y300
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` Ascend Y300II
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` Ascend Y320
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` Ascend Y330
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` Ascend Y511
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` Ascend Y520
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` Ascend Y530
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` Ascend Y540
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` Ascend Y550
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` Ascend Y600
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` 4Afrika
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` Boulder
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` G535
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` G6
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` G610
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` G630
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` G6600
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` G6620
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` G7010
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`5
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 7 of 27 PageID #: 1589
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` G740
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` G8
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` GR3
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` GR5
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` GR5
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` GR5 2017
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` GT3
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` Honor
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` Honor 3C
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` Honor 3X
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` Honor 4 Play
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` Honor 4C
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` Honor 4X
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` Honor 5C
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` Honor 5X
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` Honor 6
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` Honor 6 Plus
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` Honor 6C
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` Honor 6X (64GB and 32GB)
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` Honor 7
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` Honor 7i
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` Honor 7X
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` Honor 8
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`6
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 8 of 27 PageID #: 1590
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` Honor 8 Lite (64GB and 32 GB)
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` Honor 9
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` Honor 9i
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` Honor Note 8
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` Honor V8
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` Honor V9
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`
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`Ideaos X5
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`
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`IDEOS S7
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`
`
`IDEOS X1
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`
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`IDEOS X2
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`
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`IDEOS X3
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`
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`IDEOS X6
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` M228
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` M328
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` M735
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` M750
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` M835
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` Mate
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` Mate 10
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` Mate 10 Lite
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` Mate 10 Porsche Design
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` Mate 10 Pro
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` Mate 8
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`7
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 9 of 27 PageID #: 1591
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` Mate 9
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` Mate 9 Porsche Design
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` Mate 9 Pro
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` Mate S
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` Mercury
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` Nova
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` Nova 2
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` Nova 2 Plus
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` Nova 2i
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` Nova Plus
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` P10
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` P10 Lite
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` P10 Plus
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` P6
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` P8
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` P8 Lite
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` P8 Lite 2017
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` P8MAX
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` P9
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` P9 Lite
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` P9 Lite Mini
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` P9 Plus
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` PAL
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`8
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 10 of 27 PageID #: 1592
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` Pillar
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` Pinnacle
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` Pinnacle 2
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` Premia 4G
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` SNAPTO
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` Sonic
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` Summit
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` U120
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` U1280
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` U3200
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` U7520
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` U8100
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` U8110
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` U8150 IDEOS
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` U8230
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` U8300
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` U9200-1
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` U9500-1
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` U9510E
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` Union
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` Valiant
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` Verge
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` Vision
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`9
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 11 of 27 PageID #: 1593
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` Vitria
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` W2
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` Y210-0010
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` Y3
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` Y3 2017
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` Y320
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` Y330
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` Y3II
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` Y5
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` Y530
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` Y550
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` Y560
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` Y5II
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` Y6
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` Y6 2017
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` Y6 Pro
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` Y625
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` Y635
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` Y6II
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` Y7
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` Y7 2017
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` Y7 Prime
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` dtab d-01H
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`
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`10
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 12 of 27 PageID #: 1594
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` Honor X1
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` Honor X2
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`
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`IDEOS S7
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` Matebook
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` Matebook D
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` Matebook E
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` Matebook X
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` MediaPad
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` MediaPad 10 FHD
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` MediaPad 10 Link
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` MediaPad 10 Link
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` MediaPad 10 Link LTE
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` MediaPad 10 Link Plus
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` MediaPad 7 Lite
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` MediaPad 7 Vogue
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` MediaPad 7 Vogue
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` MediaPad 7 Youth
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` MediaPad 7 Youth2
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` MediaPad M1
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` MediaPad M2
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` MediaPad M2 10-inch
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` MediaPad M2 8.0
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` MediaPad M3
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`
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`11
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 13 of 27 PageID #: 1595
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` MediaPad M3 lite 10
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` MediaPad S7 Slim
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` MediaPad T1 10
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` MediaPad T1 7.0
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` MediaPad T1 8.0
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` MediaPad T1 8.0 WIFI
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` MediaPad T2 10.0 Pro
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` MediaPad T2 7.0
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` MediaPad T3
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` MediaPad T3 7
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` MediaPad X1
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` MediaPad X2
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`The Huawei Accused Products comprise Huawei phones and tablets, including but not
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`limited to the phones and tablets as described herein, running the following versions (and all
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`intervening updates and sub-versions) of the Android mobile operating system: Android 2.3, 4.0,
`
`4.1, 4.2, 4.3, 4.4, 5.0, 5.1, 6.0, 7.0, 7.1, 8.0, and 8.1. The Huawei Accused Products comprise
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`Huawei products, including but not limited to the phones and tablets as described herein, running
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`any versions of the following Android-based applications and/or software: Android Device
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`Manager, Find My Device, Google Latitude, Google Plus, Google Hangouts, Google Maps,
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`Google Assistant, Google Search, Google Messages, Android Messenger, Google Allo, Google
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`Duo, Gmail, and Google Chrome. For example, the Huawei Accused Products comprise Huawei
`
`products, including but not limited to the phones and tablets described herein, participating in
`
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`12
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 14 of 27 PageID #: 1596
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`any networks and/or services related to the execution and/or use of the Android mobile operating
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`system versions and Android-based applications and/or software described herein.
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`The claim charts annexed to Plaintiff’s PICS show where each element of the asserted
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`claims is present in the Huawei Accused Products. AGIS believes that the Huawei Accused
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`Products cited in the claim charts are representative of the Huawei Accused Products (i.e., the
`
`above-identified phones and tablets). To the extent Huawei alleges that any limitations are not
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`met literally, the Huawei Accused Products infringe the Asserted Patents under the doctrine of
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`equivalents because the differences between the claimed inventions and the Huawei Accused
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`Products, if any, are insubstantial, and directly infringe the Asserted Patents because they make,
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`use, offer for sale, sell, and import into the United States the Huawei Accused Products, as well
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`as indirectly infringe by contributing to and/or inducing others (e.g., Huawei’s suppliers,
`
`Huawei’s customers of their customers’ customers) to directly infringe those claims by making,
`
`using, offering for sale or selling the Huawei Accused Products.
`
`In general, the Huawei Accused Products infringe the ’838 Patent because they include,
`
`among other things, at least the features implemented in Android Device Manager, Find My
`
`Device, Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant,
`
`Google Search, Google Messages, Android Messenger, Google Allo, Google Duo, Gmail, and
`
`Google Chrome, among other applications and/or features relevant to the claims of the Asserted
`
`Patents in accordance with Huawei’s instructions and thereby directly infringe at least one claim
`
`of the ’838 Patent. The Huawei Accused Products include pre-installed 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
`
`Huawei Accused Products. The Huawei Accused Products include functionality that allows
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`13
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 15 of 27 PageID #: 1597
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`users to form groups with other users such that users may view each others’ locations on a map
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`and engage in communication including text, voice, and multimedia based communication.
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`Additionally, the users may form groups that include their own devices in order to track their
`
`own lost or stolen devices. For example, the Huawei Accused Products 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 which is
`
`integrated with Google Messages or Android Messenger and which is also pre-installed on the
`
`Huawei Accused Products. The exemplary Huawei Accused Products are programmed to obtain
`
`contact information from other users’ devices, where that contact information includes phone
`
`numbers. The Huawei Accused Products are further programmed, at least through the messaging
`
`applications, Google Maps, and/or Find My Device, to facilitate the communication of location
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`information. This location information is presented on interactive displays on the Huawei
`
`Accused Products 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. The Huawei Accused Products are further
`
`programmed to permit interaction with the display where a user may select one or more symbols
`
`and where the Huawei Accused Products further permit data to be sent to other devices based on
`
`that interaction. The Huawei Accused Products 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.
`
`In general, the Huawei Accused Products infringe the ’251 Patent because they include,
`
`among other things, at least the features implemented in Android Device Manager, Find My
`
`Device, Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant,
`
`
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`14
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 16 of 27 PageID #: 1598
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`Google Search, Google Messages, Android Messenger, Google Allo, Google Duo, Gmail, and
`
`Google Chrome, among other applications and/or features relevant to the claims of the Asserted
`
`Patents in accordance with Huawei’s instructions and thereby directly infringe at least one claim
`
`of the ’251 Patent. The Huawei Accused Products include pre-installed 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
`
`Huawei Accused Products. The Huawei Accused Products 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. For example, the Huawei Accused Products 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 which is
`
`integrated with Google Messages or Android Messenger and which is also pre-installed on the
`
`Huawei Accused Products. The exemplary Huawei Accused Products are programmed to obtain
`
`contact information from other users’ devices, where that contact information includes phone
`
`numbers. The Huawei Accused Products are further programmed, at least through Google
`
`Hangouts and the messaging applications, to facilitate the initiation of Internet Protocol (IP)
`
`based communication between devices with SMS messages and other text messages. The IP-
`
`and SMS-based messages include location information. This location information is presented
`
`on interactive displays on the Huawei Accused Products 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. The
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`15
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 17 of 27 PageID #: 1599
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`Huawei Accused Products are further programmed to permit interaction with the display where a
`
`user may select one or more symbols and where the Huawei Accused Products further permit
`
`data to be sent to other devices based on that interaction. The Huawei Accused Products 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.
`
`In general, the Huawei Accused Products infringe the ’055 Patent because they include,
`
`among other things, at least the features implemented in Android Device Manager, Find My
`
`Device, Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant,
`
`Google Search, Google Messages, Android Messenger, Google Allo, Google Duo, Gmail, and
`
`Google Chrome, among other applications and/or features relevant to the claims of the Asserted
`
`Patents in accordance with Huawei’s instructions and thereby directly infringe at least one claim
`
`of the ’055 Patent. The Huawei Accused Products include pre-installed 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
`
`Huawei Accused Products. The Huawei Accused Products 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. For example, the Huawei Accused Products 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 which is
`
`integrated with Google Messages or Android Messenger and which is also pre-installed on the
`
`Huawei Accused Products. The exemplary Huawei Accused Products are programmed to obtain
`
`
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`16
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 18 of 27 PageID #: 1600
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`contact information from other users’ devices, where that contact information includes phone
`
`numbers. The Huawei Accused Products are further programmed, at least through the messaging
`
`applications, Google Maps, and/or Find My Device, to facilitate the communication of location
`
`information. This location information is presented on interactive displays on the Huawei
`
`Accused Products 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. The Huawei Accused Products are further
`
`programmed to permit interaction with the display where a user may select one or more symbols
`
`and where the Huawei Accused Products further permit data to be sent to other devices based on
`
`that interaction. The Huawei Accused Products 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.
`
`In general, the Huawei Accused Products infringe the ’970 Patent because they include,
`
`among other things, at least the features implemented in Android Device Manager, Find My
`
`Device, Google Latitude, Google Plus, Google Hangouts, Google Maps, Google Assistant,
`
`Google Search, Google Messages, Android Messenger, Google Allo, Google Duo, Gmail, and
`
`Google Chrome, among other applications and/or features relevant to the claims of the Asserted
`
`Patents in accordance with Huawei’s instructions and thereby directly infringe at least one claim
`
`of the ’970 Patent. The Huawei Accused Products include pre-installed 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
`
`Huawei Accused Products. The Huawei Accused Products include functionality that allows
`
`users to form groups with other users such that users may view each others’ locations on a map
`
`
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`17
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`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 19 of 27 PageID #: 1601
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`
`
`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. For example, the Huawei Accused Products 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 which is
`
`integrated with Google Messages or Android Messenger and which is also pre-installed on the
`
`Huawei Accused Products. The exemplary Huawei Accused Products are programmed to obtain
`
`contact information from other users’ devices, where that contact information includes phone
`
`numbers. The Huawei Accused Products are further programmed, at least through the messaging
`
`applications, Google Maps, and/or Find My Device, to facilitate the communication of location
`
`information. This location information is presented on interactive displays on the Huawei
`
`Accused Products 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. The Huawei Accused Products are further
`
`programmed to permit interaction with the display where a user may select one or more symbols
`
`and where the Huawei Accused Products further permit data to be sent to other devices based on
`
`that interaction. The Huawei Accused Products 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.
`
`Huawei directly infringes by, among other things, making, using, selling, offering to sell,
`
`and importing the Huawei Accused Products or devices incorporating those products. Huawei
`
`induces infringement by, among other things, instructing or otherwise inducing end users and/or
`
`resellers of the Huawei Accused Products or products that incorporate the Huawei Accused
`
`
`
`18
`
`

`

`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 20 of 27 PageID #: 1602
`
`
`
`Products to directly infringe by using or selling those products or by making, using, or selling
`
`products that incorporate the Huawei Accused Products. Huawei contributorily infringes by,
`
`among other things, making, using, selling, offering to sell, and importing components of the
`
`Huawei Accused Products, including products that incorporate the Huawei Accused Products of
`
`those products, which have no substantial non-infringing uses.
`
`To the extent that Huawei may contend that the Asserted Patents are invalid under one or
`
`more grounds specified in 35 U.S.C. §§101, 102, 103, and/or 112, AGIS denies such contentions.
`
`AGIS is not aware of any prior art that renders the claims of the Asserted Patents invalid by
`
`anticipation or obviousness, and the Asserted Patents cover patentable subject matter and comply
`
`with all of the statutory requirements of 35 U.S.C. §§ 101 and 112. AGIS also denies that the
`
`Huawei is or will be entitled to relief under 35 U.S.C. § 285.
`
`(d)
`
`Individuals with Knowledge of Relevant Facts
`
`Based on currently known information, AGIS believes that the following individuals are
`
`likely to have discoverable information regarding the parties’ claims or defenses in this litigation,
`
`unless solely for the purposes of impeachment. These individuals are identified based upon
`
`AGIS’s current understanding of the parties’ claims and defenses, and AGIS expressly reserves
`
`the right to supplement, limit, or otherwise amend the list below as the case progresses. Any
`
`employee of AGIS, who is listed in these disclosures or in any supplement thereto may only be
`
`contacted through AGIS’s counsel of record.
`
`
`
`19
`
`

`

`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 21 of 27 PageID #: 1603
`
`
`
`Name
`
`Subject
`
`Malcolm K. Beyer, Jr*
`AGIS Software Development
`LLC,
`Jupiter, Florida
`
`Christopher R. Rice*
`AGIS, Inc.1
`Redmond, WA
`
`Mr. Beyer is a named inventor on the ’838, ’251,
`’055, ’970, ’and ’829 Patents. He holds the
`position of CEO of AGIS Software Development
`LLC. He possesses knowledge regarding the
`conception and reduction to practice of the ’838,
`’251, ’055, and ’970 Patents.
`
`Mr. Rice is a named inventor on the ’838, ’251, and
`’829 Patents, the former CTO of AGIS, Inc., and a
`current employee of AGIS, Inc. He possesses
`knowledge about the prototyping of the inventions
`described and claimed in the ’838, ’251, ’055, and
`’970 Patents, as well as the conception and
`reduction to practice of the ’838, ’251, ’055, and
`’970 Patents.
`
`Margaret Beyer*
`AGIS Software Development
`LLC,
`Jupiter, Florida
`
`Mrs. Beyer is the Corporate Secretary of AGIS
`Software Development LLC. She possesses
`knowledge regarding AGIS Software Development
`LLC’s business.
`
`Sandel Blackwell*
`AGIS Software Development
`LLC,
`Lenexa, Kansas
`Jupiter, Florida
`
`Malcolm K. Beyer, II*
`743 Saint Albans Dr.,
`Boca Raton, FL 33846
`
`Mr. Blackwell is the President of AGIS Software
`Development LLC. He possesses knowledge
`regarding the technical aspects of the ’838, ’251,
`’055, and ’970 Patents, including the prototyping
`and implementations of the inventions described
`and claimed in the Asserted Patents. He also
`possesses knowledge regarding AGIS Software
`Development LLC’s business.
`
`Mr. Beyer is a System Administrator and
`programmer for AGIS, Inc. He has knowledge
`regarding AGIS, Inc.’s current and past commercial
`products.
`
`Ronald Wisneski*
`
`Mr. Wisneski is the CFO/Treasurer of AGIS
`
`
`
`
`
`
`1 AGIS Software Development LLC and Advanced Ground Information Systems, Inc. (“AGIS, Inc.”) are
`
`subsidiaries of AGIS Holdings, Inc.
`
`
`
`20
`
`

`

`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 22 of 27 PageID #: 1604
`
`
`
`Name
`
`Subject
`
`AGIS Software Development
`LLC
`Jupiter, Florida
`
`Software Development LLC. He possesses
`knowledge about AGIS Software Development
`LLC’s business and financial information.
`
`Barry L. Haley
`Malin, Haley & DiMaggio, P.A.
`1936 South Andrews Ave.
`Fort Lauderdale, FL 33316
`
`Mr. Haley is the patent prosecuting attorney of
`record for the ’838, ’251, ’055, and ’970 Patents
`and is believed to have knowledge concerning the
`prosecution of those patents.
`
`Ms. Clark is a quality assurance and customer
`delivery representative who has knowledge
`regarding the development of AGIS, Inc. products
`and knowledge related to marking of AGIS, Inc.
`products with the Asserted Patents.
`
`Mr. Armstrong is a former employee and current
`consultant for AGIS, Inc. Mr. Armstrong has
`knowledge regarding the development of AGIS,
`Inc.’s LifeRing and ASSIST products and
`knowledge related to marking of AGIS, Inc.
`products with the Asserted Patents.
`
`Mr. Sietsema is an employee in AGIS, Inc.’s
`Austin, Texas office and has knowledge regarding
`contracts related to AGIS, Inc. products.
`
`The firm is the patent prosecuting firm for the ’838,
`’251, ’055, and ’970 Patents.
`
`Upon information and belief, Huawei Device USA,
`Inc. manufactures, markets, sells, uses, and induces
`customers to use the Huawei Accused Products.
`Upon information and belief, Huawei Device USA,
`Inc. has knowledge regarding the development,
`sales, technical support, marketing, financials,
`customer use data, and other information related to
`
`Rebecca Clark*
`AGIS, Inc.
`Lenexa, Kansas
`
`Eric Armstrong*
`Allen, Texas
`
`David Sietsema*
`AGIS, Inc.
`Austin, TX
`
`Goodwin Proctor LLP2
`100 Northern Ave.
`Boston, MA 02210
`
`Huawei Device USA, Inc.
`5700 Tennyson Parkway
`Suite 600
`Plano, TX 75024
`
`
`
`
`
`
`2 A full list of Goodwin Procter LLP attorneys of record in the prosecution of the Asserted Patents is available on the
`
`USPTO’s Public PAIR website.
`
`
`
`21
`
`

`

`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 23 of 27 PageID #: 1605
`
`
`
`
`
`Name
`
`Subject
`
`Huawei Device Co., Ltd.
`Bantian, Longgang District,
`Shenzhen, China, 518129
`
`Huawei Device (Dongguan) Co.,
`Ltd.
`Songshan Lake Science and
`Technology Industrial Zone,
`Dongguan, Guangdong, China,
`523808
`
`AT&T Mobility LLC
`1025 Lenox Park Blvd.
`Atlanta, GA 30319
`
`AT&T Mobility LLC
`208 S. Akard St.
`Dallas, TX 75202
`
`infringement and damages. Upon information and
`belief, Huawei Device USA, Inc. has knowledge
`Huawei’s knowledge of the ’838, ’251, ’055, and
`’970 Patents.
`
`Upon information and belief, Huawei Device Co.,
`Ltd. manufactures, markets, sells, uses, and induces
`customers to use the Huawei Accused Products.
`Upon information and belief, Huawei Device Co.,
`Ltd. has knowledge regarding the development,
`sales, technical support, marketing, financials,
`customer use data, and other information related to
`infringement and damages. Upon information and
`belief, Huawei Device Co., Ltd. has knowledge
`regarding Huawei’s first knowledge of the ’838,
`’251, ’055, and ’970 Patents.
`
`Upon information and belief, Huawei Device
`(Dongguan) Co., Ltd. manufactures, markets, sells,
`uses, and induces customers to use the Huawei
`Accused Products. Upon information and belief,
`Huawei Device (Dongguan) Co., Ltd. has
`knowledge regarding the development, sales,
`technical support, marketing, financials, customer
`use data, and other information related to
`infringement and damages. Upon information and
`belief, Huawei Device (Dongguan) Co., Ltd. has
`knowledge regarding Huawei’s first knowledge of
`the ’838, ’251, ’055, and ’970 Patents.
`
`Upon information and belief, AT&T has
`knowledge regarding customer use data, sales,
`marketing, infringement, and damages concerning
`the Huawei Accused Products. Upon information
`and belief, AT&T has customer use and market
`data regarding the features of the ’838, ’251, ’055,
`and ’970 Patents.
`
`Upon information and belief, AT&T has
`knowledge regarding customer use data, sales,
`marketing, infringement, and damages concerning
`the Huawei Accused Products. Upon information
`and belief, AT&T has customer use and market
`data regarding the features of the ’838, ’251, ’055,
`and ’970 Patents.
`
`Verizon Wireless
`
`Upon information and belief, Verizon has
`
`22
`
`

`

`Case 2:17-cv-00513-JRG Document 74-2 Filed 01/05/18 Page 24 of 27 PageID #: 1606
`
`
`
`Name
`
`Subject
`
`Basking Ridge Operational
`Headquarters
`One Verizon Way, Basking
`Ridge, New Jersey 07920
`
`Sprint Corporation
`6200 Sprint Pkwy. Overland
`Park, KS 66251
`
`knowledge regarding customer use data, sales,
`marketing, infringement, and damages concerning
`the Huawei Accused Products. Upon information
`and belief, Verizon has customer use and market
`data regarding the features of the ’838, ’251, ’055,
`and ’970 Patents.
`
`Upon information and belief, Sprint has knowledge
`regarding customer use data, sales, marketing,
`infringement, and damages concerning the Huawei
`Accused Products. Upon information and belief,
`Sprint has customer use and market data regarding
`the features of the ’838, ’251, ’055, and ’970
`Patents.
`
`* indicates that party is to be contacted through counsel for AGIS Software Development,
`LLC.
`
`AGIS reserves the right to supplement this disclosure pursuant to Fed. R. Civ. P. 26(e) as
`
`its investigation continues.
`
`(e)
`
`Indemnity and Insurance Agreements
`
`At this time, AGIS is not aware of any indemnity or insuring agreements under which
`
`any person or entity may be liable to satisfy part or all of any judgment entered in this action
`
`against AGIS, or to indemnify or reimburse AGIS for payments made to satisfy any such
`
`judgment.
`
`(f)
`
`Relevant Settlement Agreements
`
`At this time, AGIS is unaware of any specific settlement agreements.
`
`(g)
`
`Any Statement of Any Party to the Litigation
`
`At this time, AGIS is aware of no statements on behalf of AGIS other than those
`
`disclosed in the pleadings, initial disclosures, or other documents filed with the Court or served
`
`upon counsel of record in this litigation. Statements were made by or on behalf of the inventors
`
`and assignee of t