`Case 2:17-cv-00514-JRG Document 124-21 Filed 01/28/19 Page 1 of 2 PageID #: 8684
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`
` EXHIBIT 19
`EXHIBIT 19
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`
`
`Case 2:17-cv-00514-JRG Document 124-21 Filed 01/28/19 Page 2 of 2 PageID #: 8685
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`
`
`December 4, 2018
`
`VIA EMAIL: VRUBINO@BROWNRUDNICK.COM
`
`Vincent J. Rubino, III
`Brown Rudnick LLP
`7 Times Square
`New York, NY 10036
`
`Re: AGIS Software Development, LLC v. HTC Corp.
`Case No. 2:17-cv-0514 (E.D. Tex.) (Lead Case)
`
`Dear Vincent:
`
`Matthew C. Bernstein
`MBernstein@perkinscoie.com
`D. +1.858.720.5721
`F. +1.858.720.5821
`
`Thank you for your letter dated November 28, 2018. Unfortunately, your letter only reinforces
`that AGIS’s pre-suit claims on the ’970 patent have been brought in bad faith.
`
`It is black letter law that there cannot be induced infringement without notice of the patents-in-
`suit. There was no pre-suit notice, and AGIS’s pre-suit inducement claims are therefore
`frivolous as a matter of law. Likewise, it is black letter law, that in order to directly infringe a
`patent, a defendant must make, use, sell, offer for sale, or import an accused device in the United
`States. It is undisputed that HTC Corp. does none of these things in the United States.
`Moreover, none of the accused devices even have the accused Find My Device or Device
`Manager applications.
`
`AGIS’s infringement claim is at most limited to an inducement case from the time of filing of
`suit. We asked AGIS to so stipulate, but AGIS refused. Accordingly, HTC Corp. will be
`moving on the issue and we will be seeking our fees.
`
`Regards,
`
`
`Matthew C. Bernstein
`
`
`
`
`
`
`
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