Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 1 of 23 PageID #: 3313
`Case 2:17-cv—00513-JRG Document 77-2 Filed 01/05/18 Page 1 of 23 PageID #: 3313
`
`EXHIBIT 2
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`EXHIBIT 2
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 2 of 23 PageID #: 3314
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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
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`AGIS SOFTWARE DEVELOPMENT, LLC
`
`Plaintiff,
`
`v.
`
`LG ELECTRONICS, INC.
`
`Defendant.
`
`MEMBER CASE NO. 2:17-cv-515-JRG
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`PLAINTIFF’S INITIAL DISCLOSURES TO LG ELECTRONICS, INC.
`
`Pursuant to Rule 26(a)(1) of the Federal Rules of Civil Procedure and the Opposed
`
`Docket Control Order (Dkt. 61) filed by the parties in this matter, Plaintiff AGIS Software
`
`Development LLC (“AGIS”), hereby makes the following initial disclosures to Defendant LG
`
`Electronics, Inc. (“LG” or “Defendant”). AGIS makes these initial disclosures based on
`
`information obtained to date and available to AGIS and without the full benefit of any discovery
`
`or disclosures from LG or any potentially relevant third parties. Moreover, AGIS has not had the
`
`opportunity to fully investigate all possible claims as discovery for AGIS has only just begun,
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`
`
`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 3 of 23 PageID #: 3315
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`and therefore, AGIS reserves the right to amend and/or supplement these disclosures, pursuant to
`
`Rule 26(e) of the Federal Rules of Civil Procedure, as additional information becomes available
`
`during the course of this lawsuit.
`
`AGIS’s initial disclosures are made without, in any way, waiving (i) the right to object to
`
`any discovery requests or to the admissibility of any evidence on the grounds of privilege, work
`
`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
`
`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
`
`other action.
`
`AGIS submits, based on information reasonably available to it at this time, and subject to
`
`the limitations set forth above, the following initial disclosures:
`
`(a)
`
`The Correct Name of the Parties to the Lawsuit.
`
`AGIS believes that the correct entities have been named as the plaintiff and as the
`
`defendant in this lawsuit.
`
`(b)
`
`The Names, Address, and Telephone Number of Any Potential Parties.
`
`AGIS is continuing its investigation into this issue and reserves the right to supplement
`
`this response and identify additional parties to the lawsuit. AGIS is not presently aware of any
`
`potential parties.
`
`(c)
`
`Legal Theories and, in General, the Factual Bases of AGIS’s Claims or
`
`Defenses.
`
`
`
`2
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 4 of 23 PageID #: 3316
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`
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`AGIS has identified its current legal theories in its Complaint (Member Case, Dkt. 1) and
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`Plaintiff’s Disclosure of Asserted Claims and Infringement Contentions (“PICS”) served in
`
`accordance with P.R. 3-1, accompanied by claim charts, all of which AGIS hereby incorporates
`
`by reference. AGIS reserves the right to raise additional claims as discovery progresses and as
`
`the law in this area is developed further during the pendency of this litigation.
`
`Plaintiff’s PICS identify that the LG Accused Products, as defined therein, infringe at
`
`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
`
`patent”); and claims 1 and 3-9 of U.S. Patent No. 8,213,970 (the “’970 patent”) (collectively
`
`“Asserted Patents”). Plaintiff’s PICS also identify the LG Accused Products including, but not
`
`limited to, the following phones and tablets (and any variants of the models listed below):
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` V30 (H931, LS998U, H932, H932U, VS996, US998, AS998),
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` X charge (US601, SP320, M327, M322),
`
` Q6 (US700),
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` G6+ (US997U),
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` G6 (US997, VS988, AS993, H871, H872, LS993),
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` Fiesta 2 (L173BL, L164VL)
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` V20 (LS997, H910, H918, US996, VS995)
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` X venture (US701, H700), Stylo 3 (LS777)
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` Stylo 3 Plus (MP450, TP450)
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` Tribute HD (LS676)
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` Rebel 2 (L57BL, L58BL, L58VL)
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` Fiesta LTE (L63BL, L64VL)
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`
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`3
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 5 of 23 PageID #: 3317
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` Stylo 3 LTE (L83BL, L84VL)
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` K20 plus (MP260, TP260)
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` Grace LTE (L59BL)
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` K3 (AS110, US110, LS450)
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` Stylo 3 (LS777, M430)
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` Phoenix 3 (M150)
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` Risio 2 (M154)
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` K8 2017 (US215)
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` Stylo 2 V (VS835)
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` K20 (M255, RS501)
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` K20 V (VS501)
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` Aristo (M210)
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` Harmony (M257)
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` G5 (VS987, AS992, H820, H830, LS992, RS988, US992)
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` Aristo Silver (MS210)
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` Aristo Cobalt Blue (MS210UK)
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` Stylo 2 Plus (MS550BK, K550)
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` Fortune (M153)
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` Tribute HD (LS676)
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` X power (K212, K450, LS755, US610)
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` K10 (MS428, K425, K428SG)
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` Stylo 2 (LS775, K540)
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` G Vista (VS880)
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`4
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 6 of 23 PageID #: 3318
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` Escape 3 (K373)
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` Classic (L18VC)
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` Rebel LTE (L43AL, L44VL)
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` Treasure LTE (L51AL, L52VL)
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` Premier LTE (L61AL, L62VL)
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` Stylo 2 LTE (L82VL)
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` K7 (MS330, AS375, K330)
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` K8 (RS500, US375)
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` G4 (US991)
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` K4 (VS425)
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` Optimus Zone 3 (VS425PP)
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` K8 V (VS500, VS500PP)
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` Phoenix 2 (K371)
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` Tribute 5 (LS675)
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` Spree (K120)
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` G Vista 2 (H740)
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` Escape 2 (H443)
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` Risio (H343)
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` Access LTE (L31L)
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` Leon LTE (H345, MS345)
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` G Stylo (H631, MS631, H634, LS770)
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` Volt 2 (LS751)
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` Tribute 2 (LS665)
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`5
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 7 of 23 PageID #: 3319
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` Escape 2 (H445)
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` Logos (US550)
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` Transpyre (VS810PP)
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` G3 (D850, LS990, D851, AS985, VS985, AS990, US990)
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` Ultimate 2 (L41C)
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` Tribute (LS660)
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` G3 Vigor (D725)
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` Realm (LS620)
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` G Vista (D631)
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` Volt (LS740)
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` Optimus Fuel (L34C)
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` Optimus L90 (D415)
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` Optimus F3Q (D520)
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` D820
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` G2 (VS9801, D800, D801, LS980)
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` Optimus F6 (D500)
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` Enact (VS890)
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` Optimus F3 (VM720, LS720)
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` Rumor Reflex S (LN272S)
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` Optimus F7 (LG870, US780)
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` Optimus F5 (AS870)
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` Optimus G Pro (E980)
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` Lucid2 (VS870)
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`6
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 8 of 23 PageID #: 3320
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` Spirit 3G (MS870)
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` LGE960 (LGE960)
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` Optimus REGARD (LW770)
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` Mach (LS860)
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` Optimus G (LS970, E970)
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` Optimus L9 (P769)
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` Venice (LG730)
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` Escape (P870)
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` Spectrum 2 (VS930)
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` Splendor (US730)
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`
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`Intuition (VS950)
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` Motion 4 (MS770)
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` Optimus Plus (AS695)
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` Elite (LS696)
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` Viper (LS840)
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` Optimus M+ (MS695)
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` Lucid (VS840)
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` Nitro (P930)
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` Spectrum (VS920)
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` Marquee (LG855)
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` Connect 4G(MS830)
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` Optimus Q (LGL55C)
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` Optimus 2 (AS680)
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`
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`7
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 9 of 23 PageID #: 3321
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`
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`Ignite (AS855)
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` myTouch Q (LGC800DG, LGC800VL)
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` Optimus One (P504)
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` myTouch (LGE739BK)
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` DoublePlay (C729)
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` Optimus Slider (VM701)
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` Esteem (MS910)
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` Enlighten (VS700)
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` Marquee (LS855)
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` Thrill 4G (P925)
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` Revolution (VS910)
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` Genesis (US760)
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` G2x (P999)
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` Thrive (P506)
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` Phoenix (P505)
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` Optimus C (LW690)
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` Optimus V (WM670)
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` Optimus U (US670)
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` Optimus M (MS690)
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` Axis (LGAS740)
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` Apex (US740)
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` Vortex (VS660)
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` Optimus S (LS670)
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`8
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 10 of 23 PageID #: 3322
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` Optimus T (P509)
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` Ally (VS740)
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` G Pad F2 8.0 (LK460)
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` G Pad X II 8.0 Plus (V530)
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` G Pad X II 10.1 (UK750)
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` G Pad F 8.0 2nd Gen (AK495, UK495)
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` G Pad X 8.0 (V520, V521)
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` G Pad II 10.1 Full HD (V940N)
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` G Pad X 10.1 (V930)
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` G Pad II 8.0 HD+ (V498)
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` G Pad 8.0 (V480)
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` G Pad 10.1 (V700)
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` G Pad 7.0 (V400)
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` G Pad F 8.0 1st Gen (AK495, V495, V496, UK495)
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` G Pad X 8.3 (VK815, VK810)
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` G Pad F 7.0 (LK430)
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` G Pad 7.0 LTE (VK410, UK410, V410)
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` G Pad 10.1 LTE (VK700)
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` G Pad 8.3 Google Play Edition (V510)
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` G Pad 8.3 Black (V500)
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`The LG Accused Products comprise LG phones and tablets, including but not limited to
`
`the phones and tablets as described herein, running the following versions (and all intervening
`
`updates and sub-versions) of the Android mobile operating system: Android 2.3, 4.0, 4.1, 4.2,
`
`
`
`9
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 11 of 23 PageID #: 3323
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`
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`4.3, 4.4, 5.0, 5.1, 6.0, 7.0, 7.1, 8.0, and 8.1. The LG Accused Products comprise LG products,
`
`including but not limited to the phones and tablets as described herein, running any versions of
`
`the following Android-based applications and/or software: 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. For example, the LG Accused Products comprise LG products, including but
`
`not limited to the phones and tablets described herein, participating in any networks and/or
`
`services related to the execution and/or use of the Android mobile operating system versions and
`
`Android-based applications and/or software described herein.
`
`The claim charts annexed to Plaintiff’s PICS show where each element of the asserted
`
`claims is present in the LG Accused Products. AGIS believes that the LG Accused Products
`
`cited in the claim charts are representative of the LG Accused Products (i.e., the above-identified
`
`phones and tablets). To the extent LG alleges that any limitations are not met literally, the LG
`
`Accused Products infringe the Asserted Patents under the doctrine of equivalents because the
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`differences between the claimed inventions and the LG Accused Products, if any, are
`
`insubstantial, and directly infringe the Asserted Patents because they make, use, offer for sale,
`
`sell, and import into the United States the LG Accused Products, as well as indirectly infringe by
`
`contributing to and/or inducing others (e.g., LG’s suppliers, LG’s customers of their customers’
`
`customers) to directly infringe those claims by making, using, offering for sale or selling the LG
`
`Accused Products.
`
`In general, the LG 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,
`
`
`
`10
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`

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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 12 of 23 PageID #: 3324
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`
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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 LG’s instructions and thereby directly infringe at least one claim of
`
`the ’838 Patent. The LG 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 LG
`
`Accused Products. The LG 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 LG 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 LG Accused Products.
`
`The exemplary LG Accused Products are programmed to obtain contact information from other
`
`users’ devices, where that contact information includes phone numbers. The LG 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 LG 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 LG Accused Products are further programmed to permit interaction with the
`
`display where a user may select one or more symbols and where the LG Accused Products
`
`
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`11
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 13 of 23 PageID #: 3325
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`further permit data to be sent to other devices based on that interaction. The LG 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 LG 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,
`
`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 LG’s instructions and thereby directly infringe at least one claim of
`
`the ’251 Patent. The LG 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 LG
`
`Accused Products. The LG 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 LG 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 LG Accused Products.
`
`The exemplary LG Accused Products are programmed to obtain contact information from other
`
`users’ devices, where that contact information includes phone numbers. The LG Accused
`
`Products are further programmed, at least through Google Hangouts and the messaging
`
`
`
`12
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 14 of 23 PageID #: 3326
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`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 LG
`
`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 LG Accused Products are further
`
`programmed to permit interaction with the display where a user may select one or more symbols
`
`and where the LG Accused Products further permit data to be sent to other devices based on that
`
`interaction. The LG 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 LG 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 LG’s instructions and thereby directly infringe at least one claim of
`
`the ’055 Patent. The LG 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 LG
`
`Accused Products. The LG 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
`
`
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`13
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 15 of 23 PageID #: 3327
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`
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`users may form groups that include their own devices in order to track their own lost or stolen
`
`devices. For example, the LG 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 LG Accused Products.
`
`The exemplary LG Accused Products are programmed to obtain contact information from other
`
`users’ devices, where that contact information includes phone numbers. The LG 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 LG 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 LG Accused Products are further programmed to permit interaction with the
`
`display where a user may select one or more symbols and where the LG Accused Products
`
`further permit data to be sent to other devices based on that interaction. The LG 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 LG 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 LG’s instructions and thereby directly infringe at least one claim of
`
`
`
`14
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`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 16 of 23 PageID #: 3328
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`
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`the ’970 Patent. The LG 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 LG
`
`Accused Products. The LG 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 LG 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 LG Accused Products.
`
`The exemplary LG Accused Products are programmed to obtain contact information from other
`
`users’ devices, where that contact information includes phone numbers. The LG 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 LG 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 LG Accused Products are further programmed to permit interaction with the
`
`display where a user may select one or more symbols and where the LG Accused Products
`
`further permit data to be sent to other devices based on that interaction. The LG 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.
`
`
`
`15
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 17 of 23 PageID #: 3329
`
`
`
`LG directly infringes by, among other things, making, using, selling, offering to sell, and
`
`importing the LG Accused Products or devices incorporating those products. LG induces
`
`infringement by, among other things, instructing or otherwise inducing end users and/or resellers
`
`of the LG Accused Products or products that incorporate the LG Accused Products to directly
`
`infringe by using or selling those products or by making, using, or selling products that
`
`incorporate the LG Accused Products. LG contributorily infringes by, among other things,
`
`making, using, selling, offering to sell, and importing components of the LG Accused Products,
`
`including products that incorporate the LG Accused Products of those products, which have no
`
`substantial non-infringing uses.
`
`To the extent that LG 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
`
`LG 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.
`
`
`
`16
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 18 of 23 PageID #: 3330
`
`
`
`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.
`
`
`
`17
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 19 of 23 PageID #: 3331
`
`
`
`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. 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, LG manufactures,
`markets, sells, uses, and induces customers to use
`the LG Accused Products. Upon information and
`belief, LG has knowledge regarding the
`development, sales, technical support, marketing,
`financials, customer use data, and other information
`related to infringement and damages. Upon
`
`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
`
`LG Electronics, Inc.
`LG Twin Towers 20,
`Yeouido-Dong, Yeongdeungpo-
`Gu,
`Seoul, South Korea 150-721
`
`
`
`
`
`
`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.
`
`
`
`18
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 20 of 23 PageID #: 3332
`
`
`
`Name
`
`Subject
`
`AT&T Mobility LLC
`1025 Lenox Park Blvd.
`Atlanta, GA 30319
`
`AT&T Mobility LLC
`208 S. Akard St.
`Dallas, TX 75202
`
`Verizon Wireless
`Basking Ridge Operational
`Headquarters
`One Verizon Way, Basking
`Ridge, New Jersey 07920
`
`Sprint Corporation
`6200 Sprint Pkwy. Overland
`Park, KS 66251
`
`information and belief, LG has knowledge
`concerning LG’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 LG 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 LG 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, Verizon has
`knowledge regarding customer use data, sales,
`marketing, infringement, and damages concerning
`the LG 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 LG
`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
`
`
`
`19
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 21 of 23 PageID #: 3333
`
`
`
`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 the Asserted Patents to the U.S. Patent Office during prosecution of the Asserted
`
`Patents, including statements relevant to patentability and scope of the claimed invention.
`
`(h) Computation of Damages
`
`AGIS will disclose its computation of damages in accordance with the schedule for
`
`expert disclosures.
`
`
`
`Dated: December 22, 2017
`
`
`
`
`
`Respectfully Submitted,
`
`BROWN RUDNICK LLP
`
` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email:plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`
`
`
`20
`
`

`

`Case 2:17-cv-00513-JRG Document 77-2 Filed 01/05/18 Page 22 of 23 PageID #: 3334
`
`
`
`
`
`
`
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`Samuel F. Baxter
`Texas State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 e. Houston Street, Suite 300
`Marshall, Texas 7567