Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 1 of 6 PageID #: 14506
`Case 2:17-cv-00514—JRG Document 162-17 Filed 02/13/19 Page 1 of 6 PageID #: 14506
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` EXHIBIT 17
`EXHIBIT 17
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`Case 2:17-cv-00514—JRG Document 162-17 Filed 02/13/19 Page 1 of 6 PageID #: 14506
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` EXHIBIT 17
`EXHIBIT 17
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`Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 2 of 6 PageID #: 14507
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT, LLC,
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`Plaintiff,
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`v.
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`HTC CORPORATION,
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`Defendant.
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`CASE NO. 2:17-CV-0514-JRG
`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`DEFENDANT HTC CORPORATION’S
`SECOND ELECTION OF PRIOR ART REFERENCES
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`Pursuant to the proposed docket control order in this case (Dkt. No. 60), Defendant HTC
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`Corporation serves this Second Election of Prior Art References, in view of Plaintiff AGIS
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`Software Development, LLC’s (“AGIS”) Preliminary Election of Asserted Claims, and in light
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`of AGIS’s Infringement Contentions. HTC reserves its right to assert at or before trial that the
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`Patents-in-Suit are invalid for additional reasons, including (without limitation) under 35 U.S.C.
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`§§ 101, 102, and/or 112. Discovery is on-going and HTC reserves its rights to assert additional
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`prior art references that are uncovered.
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`I. U.S. Pat. No. 8,213,9701
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`1. U.S. Pat. Pub. No. 2003/0217109 (“Ordille”)
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`2. U.S. Pub. No. 2008/0219416 (“Roujinsky”)
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`3. U.S. Pat. No. 7,386,589 (“Tanumihardja”)
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`4. U.S. Pat. No. 7,609,669 (“Sweeney”)
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`1 The prior art references listed are set forth in HTC Corporation’s invalidity contentions, and
`each identification is made in view of and incorporates the respective disclosures and any related
`documentation and evidence set forth therein, as well as any amendments thereto. Furthermore,
`combinations pursuant to 35 U.S.C. 103 with respect to these references are specifically
`identified in HTC Corporation’s Invalidity Contentions, or any amendments thereto.
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`Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 3 of 6 PageID #: 14508
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`5. U.S. Pat. No. 7,619,584 (“Wolf”)
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`6. Int’l Pub. No. WO2008/118878 (“Swanburg”)
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`7. U.S. Pat. No. 6,854,007 (“Hammond”)
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`8. U.S. Pat. No. 5,325,310 (“Johnson”)
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`9. U.S. Pat. No. 5,742,905 (“Pepe”)
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`10. U.S. Pub. No. 2006/0218232 (“Kubala”)
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`11. U.S. Pat. No. 8,369,843 (“Fux”)
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`12. U.S. Pat. No. 8,250,155 (“Corry”)
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`13. US Pub. No. 2010/0125636 (“Kuhlke”)
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`14. U.S. Pat. No. 6,816,878 (“Zimmers”)
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`15. U.S. Pat. No. 7,912,913 (“Accapadi”)
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`II. U.S. Pat. No. 9,445,251
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`1. U.S. Pat. Pub. No. 2007/0281690 (“Altman”)
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`2. U.S. Pat. No. 6,867,733 (“Sandhu”)
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`3. U.S. Pat. No. 7,271,742 (“Sheha”)
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`4. U.S. Pat. No. No. 2002/0115453 (“Poulin”)
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`5. U.S. Pat. No. No. 7,917,866 (“Karam”)
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`6. U.S. Pat. No. 6,204,844 (“Fumarolo”)
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`7. U.S. Pat. No. 6,366,782 (“Fumarolo”)
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`8. U.S. Pat. No. 7,353,034 (“Haney”)
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`9. U.S. Pub. No. US2002/0173906 (“Muramatsu”)
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`10. U.S. Pat. Pub. No. US2002/0027901 (“Liu”)
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`11. The ActiveCampus System (including related documents)
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`12. AGS LifeRing Product and its prototypes (including related documents)
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`13. The Automatic Packet/Position Reporting System (“APRS System”) (including related
`documents and protocols)
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`Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 4 of 6 PageID #: 14509
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`14. The Navizon System (including related documents)
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`15. Force XXI Battle Command, Brigade and Below (“FBCB2”) (including related
`documents)
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`III. U.S. Pat. No. 9,467,838
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`#1-15 from listed in Section II, above.
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`IV. U.S. Pat. No. 9,408,055
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`#1-5, #7, and #11-15 listed in Section II, above.
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`In addition:
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`12. U.S. Pat. No. 7,450,003 (“Weber”)
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`13. U.S. Pat. Pub. No. 2004/0054428 (“Sheha”)
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`14. U.S. Pat. Pub. No. 2004/0157590 (“Lazaridis”)
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`15. U.S. Pat. Pub. No. 2005/0221876 (“Van Bosch”)
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`In addition, as HTC explained in its Invalidity Contentions, U.S. Pat. Nos. 9,408,055;
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`9,445,251; and 9,467,838 are entitled to a priority date no earlier than October 31, 2014. HTC
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`expressly reserves its right to assert at trial that, under that priority date, to the extent that any of
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`the accused HTC products are determined to infringe any claim of any of those asserted patents,
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`those accused HTC products would also render the claims invalid under at least AIA 35 U.S.C. §
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`102(a)(1) because they were each in public use and on sale or available for download before the
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`effective filing date of those patents. HTC further reserves the right to assert at trial that, under
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`that priority date, earlier AGIS patents and/or applications, including (without limitation): U.S.
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`Pat. No. 7,630,724 would also render the claims invalid under at least AIA 35 U.S.C. § 102
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`because they were publicly available before the effective filing date of the those asserted patents.
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`Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 5 of 6 PageID #: 14510
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`Dated: August 29, 2018
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`Respectfully submitted,
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`/s/ Miguel J. Bombach
`Matthew C. Bernstein, (Lead Attorney)
`CA State Bar No. 199240
`mbernstein@perkinscoie.com
`Miguel J. Bombach
`CA State Bar No. 274287
`mbombach@perkinscoie.com
`James Young Hurt (Pro Hac Vice)
`CA State Bar No. 312390
`jhurt@perkinscoie.com
`PERKINS COIE LLP
`11988 El Camino Real, Suite 350
`San Diego, CA 92130-2594
`Tel: (858) 720-5700
`Fax: (858) 720-5799
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`Eric Findlay
`State Bar No. 00789886
`efindlay@findlaycraft.com
`FINDLAY CRAFT, P.C.
`102 N. College Ave., Suite 900
`Tyler, TX 75702
`Tel: (903) 534-1100
`Fax: (903) 534-1137
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`ATTORNEYS FOR DEFENDANT
`HTC CORPORATION
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`Case 2:17-cv-00514-JRG Document 162-17 Filed 02/13/19 Page 6 of 6 PageID #: 14511
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`CERTIFICATE OF SERVICE
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`I hereby certify that on August 29, 2018, the forgoing document was served via e-mail
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`upon counsel for Plaintiff AGIS Software Development LLC.
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`/s/ Miguel J. Bombach
`Miguel J. Bombach
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