Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 1 of 7 PageID #: 8602
`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 1 of 7 PageID #: 8602
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` EXHIBIT 7
`EXHIBIT 7
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 1 of 7 PageID #: 8602
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` EXHIBIT 7
`EXHIBIT 7
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 2 of 7 PageID #: 8603
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`
`
`
`v.
`
`Plaintiff,
`
`
`HTC CORPORATION,
`
`
`
`
`
`
` Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`
`
`Civil Action No. 2:17-CV-514-JRG
`(Lead Case)
`
`JURY TRIAL DEMANDED
`
`
`§
`
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`Plaintiff AGIS Software Development LLC (“AGIS”) hereby makes the following
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`infringement disclosures under the Patent Local Rules with respect to United States Patent Nos.
`
`9,467,838 (the “’838 Patent”), 9,445,251 (the “’251 Patent”), 9,408,055 (the “’055 Patent”), and
`
`8,213,970 (the “’970 Patent”) (collectively, “patents-in-suit”). AGIS’s investigation is ongoing and
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`discovery has not yet commenced. Accordingly, these disclosures are based on information
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`available to AGIS at this time. AGIS reserves the right to supplement this disclosure after further
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`discovery from the defendants and non-parties, particularly documents and other discovery
`
`regarding the HTC Accused Products set forth below. AGIS also reserves the right to assert
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`additional claims of the patents-in-suit, accuse different products, or find alternative literal and/or
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`equivalent infringing elements in the HTC Accused Products.
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`
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 3 of 7 PageID #: 8604
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`
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` Vivid
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` Wildfire
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` Wildfire (CDMA)
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` Wildfire CDMA
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` Wildfire S
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` Wildfire S (CDMA)
`
` Wildfire S (GSM)
`
` Wing / P4350 (Herald)
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` xda II / MDA II
`
` FLYER
`
` JETSTREAM
`
` FLYER WI-FI
`
` EVO View 4G
`
` FLYER CDMA
`
` Desire 12
`
` Desire 12+
`
`AGIS reserves the right to amend this list of accused instrumentalities, as well as other
`
`information contained in this document and the exhibits hereto, to incorporate new information
`
`learned during the course of discovery, including, but not limited to, the inclusion of newly-
`
`released products or any other equivalent devices ascertained through discovery.
`
`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`
`16
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`
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 4 of 7 PageID #: 8605
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`
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`C.
`
`CLAIM CHARTS
`
`Claim charts identifying a location of every element of every asserted claim of the patents-
`
`in-suit within HTC Accused Products are attached hereto as Exhibits A–D.1 AGIS believes that
`
`the citations in the claim charts are representative of all HTC Accused Products. For example,
`
`where AGIS cites reference material or images representing a phone or tablet, that citation is
`
`representative for all other such phones or tablets including all prior and future versions unless
`
`otherwise noted. AGIS reserves the right to amend these claim charts as well as other information
`
`contained in this document and the exhibits hereto, to incorporate new information learned during
`
`the course of discovery, including, but not limited to, information that is not publically available
`
`or readily discernible without discovery. AGIS further reserves the right to amend these claim
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`charts, as well as other information contained in this document and the exhibits attached hereto,
`
`pursuant to Patent Local Rules 3-1(g) and 3-6.
`
`D.
`
`LITERAL INFRINGEMENT AND DOCTRINE OF EQUIVALENTS
`
`AGIS asserts that, under the proper construction of the asserted claims and their claim
`
`terms, the limitations of the asserted claims of the patents-in-suit are literally present in the HTC
`
`Accused Products as set forth in the claim charts attached hereto as Exhibits A–D. AGIS
`
`contends that any and all elements found not to be literally infringed are infringed under the
`
`
`
` 1
`
`Exhibits B-D, previously served on January 19, 2018, remain the operative claim charts. An
`
`
`amended Exhibit A is attached hereto.
`
`
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`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`
`17
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 5 of 7 PageID #: 8606
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`
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`doctrine of equivalents because the differences between the claimed inventions and the accused
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`instrumentalities, if any, are insubstantial.
`
`AGIS contends that HTC directly infringes the asserted claims by making, using, offering
`
`for sale, selling, and importing in to the United States the accused instrumentalities as well as
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`indirectly infringe by contributing to and/or inducing others (e.g., HTC customers or its HTC
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`customers’ customers) to directly infringe those claims by making, using, offering for sale or
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`selling the HTC Accused Products. AGIS contends that HTC directly infringes the asserted
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`claims by testing the HTC Accused Products in the United States. AGIS contends that HTC
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`infringes the asserted claims by contributing to and/or inducing Mobile Network Operators
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`(MNOs) and/or jointly-and-directly infringing the asserted claims with MNOs by making, using,
`
`offering for sale, selling, and importing in to the United States the accused instrumentalities.
`
`Pursuant to Patent Local Rule 3-6(a)(1), AGIS reserves the right to amend its Infringement
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`Contentions as to literal infringement or infringement under the doctrine of equivalents, e.g., in
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`light of the Court’s claim construction.
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`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`
`18
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 6 of 7 PageID #: 8607
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`
`
`E.
`
`PRIORITY DATES
`
`Under P.R. 3-1(e), each of the asserted claims of the patents-in-suit are entitled to a
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`priority date of at least as early as September 21, 2004.2 AGIS reserves the right to establish an
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`earlier date of invention based upon actions related to conception and reduction to practice of the
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`claimed inventions.
`
`F.
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`AGIS’S OWN PRODUCTS
`
`At the present time, AGIS does not intend to rely on the assertion that its own apparatuses,
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`products, devices, processes, methods, acts, or other instrumentalities practice the claimed
`
`inventions. AGIS reserves the right to amend this statement to identify covered products as
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`discovery progresses.
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`II.
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`PRODUCTION OF DOCUMENTS PURSUANT TO PATENT LOCAL RULE 3-2
`
`AGIS is producing or making available for inspection documents that are in AGIS’S
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`possession, custody or control as set forth in Patent Local Rule 3-2. An AGIS 3-2 Production
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`Index identifying these documents is attached hereto.
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`This preliminary identification of documents is for convenience and is not an admission
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`that each document falls within any exemplary categories in the Patent Local Rules, or that any
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`2 AGIS continues to rely on interim priority dates identified in each of the Patents-in-Suit to
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`establish priority prior to the actual filing date of the Patents-in-Suit (e.g., interim priority date
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`April 18, 2006 which corresponds to the filing date of U.S. Patent No. 7,630,724).
`
`
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`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`
`19
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`Case 2:17-cv-00514-JRG Document 123-9 Filed 01/28/19 Page 7 of 7 PageID #: 8608
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`document qualifies as prior art. AGIS is continuing with its investigation, particularly with
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`respect to ESI. Thus, AGIS reserves its right to add to, delete from, or otherwise modify its
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`disclosures in this section as its investigation proceeds.
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`Production of these documents is governed by Patent Local Rule 2-2, and, with the
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`exception of documents produced pursuant to P.R. 3.2(c) and public documents listed in the
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`infringement charts, are considered “Confidential – Outside Attorneys Eyes Only” and disclosure
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`of the confidential document or information shall be limited to each party’s outside attorney(s) of
`
`record and the employees of such outside attorney(s).
`
`Dated:
`
` December 19, 2018
`
`
`
`
`
`
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`
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`Respectfully submitted,
`
`BROWN RUDNICK LLP
`
` /s/ Vincent J. Rubino
`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
`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
`eiturralde@brownrudnick.com
`
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`
`20
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`PLAINTIFF’S DISCLOSURE OF ASSERTED CLAIMS
`AND INFRINGEMENT CONTENTIONS
`
`
`
`
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