Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 1 of 68 PageID #: 21245
`Case 2:17-cv-00514—JRG Document 267-3 Filed 03/04/19 Page 1 of 68 PageID #: 21245
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`EXHIBIT 2
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`EXHIBIT 2
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 2 of 68 PageID #: 21246
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`In these Infringement Contentions, AGIS Software Development LLC (“AGIS”) contends that at least the following claims of
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`U.S. Patent No. 8,213,970 (the “’970 Patent”) identified below are infringed by the Accused Products (e.g., phones and tablets) which
`are manufactured, sold, offered for sale, and/or used by LG Electronics, Inc. (“LG”).
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`The Accused Products comprise LG products running the Android mobile operating system and manufactured, used, or sold
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`during and after 2011. For example, the Accused Products comprise the following Android-based phones: V30 (H931, LS998U,
`H932, H932U, VS996, US998, AS998), X charge (US601, SP320, M327, M322), Q6 (US700), G6+ (US997U), G6 (US997, VS988,
`AS993, H871, H872, LS993), Fiesta 2 (L173BL, L164VL), V20 (LS997, H910, H918, US996, VS995), X venture (US701, H700),
`Stylo 3 (LS777), Stylo 3 Plus (MP450, TP450), Tribute HD (LS676), Rebel 2 (L57BL, L58BL, L58VL), Fiesta LTE (L63BL,
`L64VL), Stylo 3 LTE (L83BL, L84VL), K20 plus (MP260, TP260), Grace LTE (L59BL), K3 (AS110, US110, LS450), Stylo 3
`(LS777, M430), Phoenix 3 (M150), Risio 2 (M154), K8 2017 (US215), Stylo 2 V (VS835), K20 (M255, RS501), K20 V (VS501),
`Aristo (M210), Harmony (M257), G5 (VS987, AS992, H820, H830, LS992, RS988, US992), Aristo Silver (MS210), Aristo Cobalt
`Blue (MS210UK), Stylo 2 Plus (MS550BK, K550), Fortune (M153), Tribute HD (LS676), X power (K212, K450, LS755, US610),
`K10 (MS428, K425, K428SG), Stylo 2 (LS775, K540), G Vista (VS880), Escape 3 (K373), Classic (L18VC), Rebel LTE (L43AL,
`L44VL), Treasure LTE (L51AL, L52VL), Premier LTE (L61AL, L62VL), Stylo 2 LTE (L82VL), K7 (MS330, AS375, K330), K8
`(RS500, US375), G4 (US991), K4 (VS425), Optimus Zone 3 (VS425PP), K8 V (VS500, VS500PP), Phoenix 2 (K371), Tribute 5
`(LS675), Spree (K120), G Vista 2 (H740), Escape 2 (H443), Risio (H343), Access LTE (L31L), Leon LTE (H345, MS345), G Stylo
`(H631, MS631, H634, LS770), Volt 2 (LS751), Tribute 2 (LS665), Escape 2 (H445), Logos (US550), Transpyre (VS810PP), G3
`(D850, LS990, D851, AS985, VS985, AS990, US990), Ultimate 2 (L41C), Tribute (LS660), G3 Vigor (D725), Realm (LS620), G
`Vista (D631), Volt (LS740), Optimus Fuel (L34C), Optimus L90 (D415), Optimus F3Q (D520), D820 (D820), G2 (VS9801, D800,
`D801, LS980), Optimus F6 (D500), Enact (VS890), Optimus F3 (VM720, LS720), Rumor Reflex S (LN272S), Optimus F7 (LG870,
`US780), Optimus F5 (AS870), Optimus G Pro (E980), Lucid2 (VS870), Spirit 3G (MS870), LGE960 (LGE960), Optimus REGARD
`(LW770), Mach (LS860), Optimus G (LS970, E970), Optimus L9 (P769), Venice (LG730), Escape (P870), Spectrum 2 (VS930),
`Splendor (US730), Intuition (VS950), Motion 4 (MS770), Optimus Plus (AS695), Elite (LS696), Viper (LS840), Optimus M+
`(MS695), Lucid (VS840), Nitro (P930), Spectrum (VS920), Marquee (LG855), Connect 4G(MS830), Optimus Q (LGL55C), Optimus
`2 (AS680), Ignite (AS855), myTouch Q (LGC800DG, LGC800VL), Optimus One (P504), myTouch (LGE739BK), DoublePlay
`(C729), Optimus Slider (VM701), Esteem (MS910), Enlighten (VS700), Marquee (LS855), Thrill 4G (P925), Revolution (VS910),
`Genesis (US760), G2x (P999), Thrive (P506), Phoenix (P505), Optimus C (LW690), Optimus V (WM670), Optimus U (US670),
`Optimus M (MS690), Axis (LGAS740), Apex (US740), Vortex (VS660), Optimus S (LS670), Ally (VS740), and Optimus T (P509).
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`A-1
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 3 of 68 PageID #: 21247
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`AGIS reserves the right to amend this list of accused phones as discovery progresses. For example, the Accused Products comprise
`the following Android-based tablets: G Pad F2 8.0 (LK460), G Pad X II 8.0 Plus (V530), G Pad X II 10.1 (UK750), G Pad F 8.0 2nd
`Gen (AK495, UK495), G Pad X 8.0 (V520, V521), G Pad II 10.1 Full HD (V940N), G Pad X 10.1 (V930), G Pad II 8.0 HD+ (V498),
`G Pad 8.0 (V480), G Pad 10.1 (V700), G Pad 7.0 (V400), G Pad F 8.0 1st Gen (AK495, V495, V496, UK495), G Pad X 8.3 (VK815,
`VK810), G Pad F 7.0 (LK430), G Pad 7.0 LTE (VK410, UK410, V410), G Pad 10.1 LTE (VK700), G Pad 8.3 Google Play Edition
`(V510), G Pad 8.3 Black (V500), G7 ThinQ, V30S ThinQ, Zone 4, K30, K10 (2018), K8 (2018), Aristo 2, X4+, V30, Q8, Q6, G Pad
`IV 8.0 FHD, X venture, G6, X power2, Stylus 3, G Pad III 10.1 FHD, U, X Skin, X5, X max, X mach, G Pad III 8.0 FHD, G Pad X
`8.0, X power, Stylus 2 Plus, K5, G5 SE, X cam, X screen, K8, Stylus 2, G Pad II 8.3 LTE, V10, Ray, V10, G Pad II 10.1, G Pad II 8.0
`LTE, Wine Smart, Bello II, G4 Beat, G360, G350, G4c, G4 Dual, G Stylo, G4 Stylus, AKA, Magna, Spirit, Leon, Joy, G Flex2, L
`Prime, G2 Lite, G3 Dual-LTE, G3 Screen, F60, L60, L60 Dual, G3 Stylus, L Bello, L Fino, G Pad 8.0 LTE, G Vista, G3 A, L50, L30,
`L20, G Vista (CDMA), G3 LTE-A, G3 S Dual, G3 S, L65 D280, G3 (CDMA), 450, L35, Volt, L80, L80 Dual, Lucid 3 VS876, L65
`Dual D285, G Pad 8.3 LTE, F70 D315, G2 mini LTE (Tegra), G2 mini LTE, G2 mini, L90 Dual D410, L90 D405, L70 D320N, L70
`Dual D325, L45 Dual X132, L40 D160, L40 Dual D170, G Pro 2, Optimus L4 II Tri E470, Optimus L1 II Tri E475, G Flex, Fireweb,
`G Pro Lite, G Pro Lite Dual, Optimus L2 II E435, Vu 3 F300L, G Pad 8.3, Optimus L9 II, Optimus Gj E975W, Optimus L4 II Dual
`E445, Optimus L4 II E440, Optimus Zone VS410, Optimus G Pro E985, OptimusL7 II Dual P715, Optimus L7 II P710, Optimus L5
`II Dual E455, Optimus L5 II E460, Optimus L3 II Dual E435, Optimus L3 II E430, Optimus L1 II E410, Optimus Vu II, Optimus Vu
`II F200, Optimus G E975, Optimus L5 Dual E615, Optimus L9 P760, Motion 4G MS770, Optimus Vu P895, Optimus Elite LS696,
`Optimus LTE2, Optimus True HD LTE P936, Xpression C395, Lucid 4G VS840, Optimus 4X HD P880, Optimus 3D Max P720,
`Optimus 3D Cube SU870, Optimus L7 P700, Optimus L5 E610, Optimus Vu F100S, Optimus LTE Tag, Optimus L3 E400, Optimus
`Pad LTE, Rumor Reflex LN272, Connect 4G MS840, Viper 4G LTE LS840, X350, Prada 3.0, Nitro HD, Optimus 4G LTE P935,
`Extravert VN271, S367, Jil Sander Mobile, Optimus LTE SU640, Optimus LTE LU6200, Optimus EX SU880, Optimus SU880
`Optimus Q2 Lu6500, Optimus Hub E510, Optimus Sol E730, Optimus Net Dual, Optimus Net, Optimus Black (White version),
`Optimus Pro C660. AGIS reserves the right to amend this list of accused tablets as discovery progresses. For example, the Accused
`Products comprise LG products, 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, 4.3, 4.4, 5.0, 5.1,
`6.0, 7.0, 7.1, 8.0, and 8.1. For example, the 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 Phone, 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
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`A-2
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 4 of 68 PageID #: 21248
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`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.
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`AGIS does not concede that any claims of the ’970 Patent that are not listed below are not infringed by the identified products.
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`Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way foreclose
`AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These contentions
`are preliminary in nature, and an analysis of LG’s products, internal documentation, source code, and/or testimony from relevant
`witnesses may more fully and accurately describe the infringing features of its accused products. Accordingly, AGIS reserves the
`right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by LG, including but not limited to
`positions on claim construction, invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
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`Claim
`1[P]. A communication
`system for transmitting,
`receiving, confirming
`receipt, and responding to an
`electronic message,
`comprising: a predetermined
`network of participants,
`wherein each participant has
`a similarly equipped
`PDA/cell phone that
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`Accused Products
`The Accused Products together constitute a “communication system” for transmitting, receiving,
`confirming receipt, and responding to an electronic message, comprising: a predetermined network of
`participants, wherein each participant has a similarly equipped PDA/cell phone that includes a CPU
`and a touch screen display, a CPU, and memory.
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`LG makes, uses, sells, and otherwise provides this communication system by making, using, selling,
`and importing Android OS devices such as Accused Products.
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`The Accused Products meet the claim limitations by providing device-location tracking features such
`as those features described below. For example, the Accused Products meet the claim limitations
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`A-3
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 5 of 68 PageID #: 21249
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`includes a CPU and a touch
`screen display a CPU and
`memory;
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`because they are pre-installed with Android mobile operating systems containing code for providing
`device-location tracking features as provided in the claims limitations herein. For example, the
`Accused Products run applications and/or software that run within the Android mobile operating
`system and that use components of the Android mobile operating system to provide device-location
`tracking features. Upon information and belief, in addition to the components and features of the
`Android mobile operating system itself, the following applications and/or software run within the
`Android mobile operating system and use components of the Android mobile operating system to
`provide device-location tracking features: Android Device Manager, Find My Device.
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`Android Device Manager is the predecessor to Find My Device and has been available as a standard,
`pre-installed feature since 2013 and downloadable as a software application. The current iteration,
`Find My Device, often called the “new and improved Android Device Manager” or “rebranded
`Android Device Manager” is now part of the standard Google Play Protect suite which is “built in and
`enabled on all devices,” i.e., the Accused Products running Android OS. AGIS sets forth the Find My
`Device feature of the Accused Products as representative of this method. AGIS reserves the right to
`supplement these contentions to the extent that LG requires additional information in accordance with
`P.R. 3-1 and for any other reason for which it may deem necessary.
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`See, e.g., https://www.androidcentral.com/find-my-device;
`https://support.google.com/android/answer/6160491?hl=en;
`https://android.googleblog.com/2013/08/find-your-lost-phone-with-android.html;
`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en;
`https://www.blog.google/products/android/google-play-protect/
`Each “Google Account” is associated with a pre-determined number of devices, which include a CPU
`and a touchscreen, and which are registered when a customer acquires an Accused Product, such as a
`LG Android OS based device.
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`A-4
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 6 of 68 PageID #: 21250
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`A-5
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 7 of 68 PageID #: 21251
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://support.google.com/websearch/answer/6128427
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`A-6
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 8 of 68 PageID #: 21252
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://support.google.com/websearch/answer/6128427
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`A-7
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 9 of 68 PageID #: 21253
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`[1A] a data transmission
`means that facilitates the
`transmission of electronic
`files between said PDA/cell
`phones in different
`locations;
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`[1B] a sender PDA/cell
`phone and at least one
`recipient PDA/cell phone for
`each electronic message;
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`[1C] a forced message alert
`software application
`program including a list of
`required possible responses
`to be selected by a
`participant recipient of a
`forced message response
`loaded on each participating
`PDA/cell phone;
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`Each Accused LG System has a data transmission means that facilitates the transmission of electronic
`files between said PDA/cell phones in different locations.
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`This term is governed by 35 U.S.C. 112(6).
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`Function: facilitating the transmission of electronic files between said PDA/cell phones in different
`locations.
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`Structure: communications network server; and equivalents thereof.
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`The claimed data transmission means is the communication network servers, which include networking
`hardware such as network interfaces. These servers include servers provided by Google and LG. (e.g.,
`LG’s mobile update server csmg.lgmobile.com). Additionally, the equivalent hardware structures
`network interfaces that facilitate the transmission are located in each LG Accused Device, such as 3G
`or LTE interfaces, accessed using software in each Accused LG device.
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`LG makes, uses, imports, sells or otherwise provides Android devices, such as the Accused Products,
`to its customers. These devices include PDA/cell phones, i.e. smartphones, tablets, and other devices
`with cellular connections. Each claimed electronic message is sent from at least one Accused Product
`to another Accused Product, which share a common “Google Account.”
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`See claim 1[P]
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`A “message alert software applications program” means “application software that allows an operator
`to create and transmit forced message alerts.”
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`Each Accused LG System has a forced message alert software application program including a list of
`required possible responses to be selected by a participant recipient of a forced message response
`loaded on each participating PDA/cell phone.
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`The claimed forced message alert software application program is the application program executing
`on the Accused LG device that initiates and/or receives a forced message alert, for example, the Find
`My Device application.
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`The application software is the part of the Android Device Manager and later versions, such as Find
`My Device (referred to herein collectively as “Find My Device”) application software that creates and
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`A-8
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 10 of 68 PageID #: 21254
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`transmits the forced message alerts. LG provides the Find My Device application software as a pre-
`installed feature and is downloadable as a software application that allows Android OS users to track
`other LG devices, such as PDA/cell phones and tablets, linked to the same Google Account. Find My
`Devices provides a list of the status for each device within the same Google Account” that tracks
`location status, responses to location requests / time since last update, and actual locations.1
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`The forced message alert software also includes a list of required possible responses to be selected by a
`particular recipient, such as “call owner,” “emergency call,” or entering the recipient’s password,
`pushing or swiping the unlock button, or fingerprint recognition to unlock the phone, for example, as
`described below.
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`1 See, e.g., https://support.google.com/android/answer/6160491?hl=en.
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`A-9
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 11 of 68 PageID #: 21255
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://www.androidcentral.com/how-track-android-phone
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`A-10
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 12 of 68 PageID #: 21256
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://www.androidcentral.com/how-track-android-phone
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`A-11
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 13 of 68 PageID #: 21257
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://www.androidcentral.com/find-my-device
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`A-12
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 14 of 68 PageID #: 21258
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://www.androidcentral.com/find-my-device
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`A-13
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 15 of 68 PageID #: 21259
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en
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`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en
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`A-14
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 16 of 68 PageID #: 21260
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`[1D] means for attaching a
`forced message alert
`software packet to a voice or
`text message creating a
`forced message alert that is
`transmitted by said sender
`PDA/cell phone to the
`recipient PDA/cell phone,
`said forced message alert
`software packet containing a
`list of possible required
`responses and requiring the
`forced message alert
`software on said recipient
`PDA/cell phone to transmit
`an automatic
`acknowledgment to the
`sender PDA/cell phone as
`soon as said forced message
`alert is received by the
`recipient PDA/cell phone;
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`
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`The term “means for attaching a forced message alert software packet to a voice or text message
`creating a forced message alert that is transmitted by said sender PDA/cellphone to the recipient
`PDA/cell phone” is governed by 35 U.S.C. 112(6).
`
`Function: attaching a forced message alert software packet to a voice or text message creating a forced
`message alert that is transmitted by said sender PDA/cell phone to the recipient PDA/cell phone, said
`forced message alert software packet containing a list of possible required responses and requiring the
`forced message alert software on said recipient PDA/cell phone to transmit an automatic
`acknowledgment to the sender PDA/cell phone as soon as said forced message alert is received by the
`recipient PDA/cell phone.
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`Structure: a PC or PDA/cell phone configured to implement the algorithm disclosed in the ’970 Patent
`at 7:8–8:36; and equivalents thereof.
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`Each Accused LG System has means for attaching a forced message alert software packet to a voice or
`text message creating a forced message alert that is transmitted by said sender PDA/cellphone to the
`recipient PDA/cell phone, said forced message alert software packet containing a list of possible
`required responses and requiring the forced message alert software on the recipient PDA/cell phone to
`transmit an automatic acknowledgment to the sender PDA/cell phone as soon as the forced message
`alert is received by the recipient PDA/cell phone.
`
`The claim term “[means for …] requiring the forced message alert software on said recipient PDA/cell
`phone to transmit an automatic acknowledgement to the sender PDA/cell phone as soon as said forced
`message alert is received by the recipient PDA/cell phone” is not construed. Refer to the “means for
`attaching …” term.
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`The claimed means for attaching a forced message alert software packet to a voice or text message is
`the Accused LG device configured to perform the set of instructions (algorithm) in the Find My Device
`application that attaches the alert packet to the message for delivery, e.g., via Google servers.
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`LG’s Find My Device feature allows Android OS users to track other phones, tablets, and computers
`linked to the same Google Account. Find My Device provides a list of the status for each device that
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`A-15
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 17 of 68 PageID #: 21261
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`tracks location status, response to location requests / time since last update, and actual locations.
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`The Sender electronically transmits the message to the Receiver through the use of the Software on the
`Accused Devices. Because this is a security feature, the recipient phones have no control over the
`receipt of the message and thus the message is “forced.”
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`The sender device sends a request and in response, the receiver device sends an automatic
`acknowledgement which confirms that the device is in lock mode (also called “secured”) and provides
`the recipients location. This automatic acknowledgement is shown to the Sender when the Find My
`Device App displays “lock requested” and then “locked” and “secured.”
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`The packet is delivered via TCP/IP or other protocols (including LG’s specific protocols via one or
`more communication network servers via a modem interface, such as a 3G or LTE modem).
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`The algorithm required by the Court’s construction is set forth in the specification at:
`
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`Referring now to FIG. 2, in order to set up a communication network that utilizes the forced
`message alert system, the forced message alert software application program must be installed
`on a plurality of PCs and/or PDA/cell phones. The application will provide for a forced alert
`message that can be designated for transmission according to several criteria: a.) A single PC
`and/or PDA/cell phone, b.) The list of users currently participating in the network, and c.) A
`user or administrator predefined list of network participants.
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`A required response list which will be either preinstalled in the phone application software or
`sent with the forced message alert will be presented to the user operator upon receipt of the
`forced message. When the forced text or voice alert is received, the user operator is presented
`with the required response list. In order to clear the forced text message alert from the user
`operator's PC or PDA/cell phone display, the user operator is required to select a reply from this
`list. If the alert is a voice message, the message keeps repeating at a defined rate until the user
`operator selects from the required response list. A military default response list would typically
`consist of choices such as, “will comply,” “will not comply,” and “have complied.” However,
`depending on the nature of the industry in which the users in the communication network are
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`A-16
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 18 of 68 PageID #: 21262
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`in, this default response list could vary significantly.
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`The contact and identifying information for each PC and PDA/cell phone that is anticipated to
`be a member of the communication network and the default response list is loaded on to every
`member PC and PDA/cell phone in the preferred embodiment. This step makes sure the each
`user of the communication network has, in addition to the necessary software, the necessary
`information to send a forced message alert to any and every known member of the
`communication network. When operating in an open network mode where all that know the
`password can join the network, the default list is created or expanded as new members join.
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`Referring now to FIG. 3A and FIG. 3B, the process of sending a forced message alert from a
`PC or PDA/cell phone begins with a sender selecting the forced message alert software
`application program on a sender PC or PDA/cell phone. The sender can then select by said
`sender PC or PDA/cell phone to type a text message or record a voice message or select
`the text alert or voice alert from a list. Once the sender types a text message or records a
`voice message or selects a voice or text message on said PC or PDA/cell phone, the sender
`can then use a soft switch or selection from a list to send the forced alert to: a.) Another
`network participant, b.) The current PC or PDA/cell phone network participants or c.) A
`user or administrator predefined list of network participants. The response list from
`which the message receiver must select can either be included in the forced alert message
`or be preloaded in each phone. The forced alert message is then transmitted via TCP/IP
`or other digital transmission means to every PC or PDA/cell phone designated to receive the
`forced message alert either directly or through a server whose function is to retransmit the
`messages to the correct users in the communications network.
`
`After the forced message alert is transmitted, the sender PC or PDA/cell phone monitors for and
`receives electronic transmissions with acknowledgments of receipt from the PCs or PDA/cell
`phones that have received the forced message alert. Then, the sender PC or PDA/cell phone
`provides an indication of which of the PC or PDA/cell phone that the forced message alert was
`sent to have acknowledged receipt and which of the PC or PDA/cell phone that the forced
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`message alert was sent to have not acknowledged receipt on its display. The sender PC or
`PDA/cell phone will then periodically resend the forced message alert to the PC or PDA/cell
`phone that have not acknowledged receipt.
`
`The sender PC or PDA/cell phone also monitors for and receives electronic transmissions with
`manual responses to the forced message alert from the PC or PDA/cell phone that received the
`message. As these electronic transmissions with manual responses are received, the sender PC
`or PDA/cell phone displays an indication of the response from each recipient cell phone,
`integrated PDA/cell phone and PC.
`
`Referring now to FIG. 4, the process of receiving, acknowledging and responding to a forced
`message alert from the sender PC or PDA/cell phone begins when an electronic transmission is
`received by a recipient PC or PDA/cell phone. When the electronic transmission is received by
`the recipient PC or PDA/cell phone, the recipient PC or PDA/cell phone identifies the
`transmission as a forced message alert and the forced message alert software application
`program on the recipient PC or PDA/cell phone separates the text or voice message and the
`forced message alert software packet. Immediately following the detection of the forced
`message alert, the forced message alert software application program on the recipient PC
`or PDA/cell phone prepares and electronically transmits an automatic acknowledgement
`of receipt to the sender PC or PDA/cell phone. However, if the recipient PC or PDA/cell
`phone is powered off or is not able to receive electronic transmissions, the forced message alert
`is not received by the recipient PC or PDA/cell phone and no acknowledgment is transmitted. If
`no acknowledgement is received, the sender PC or PDA/cell phone continues to transmit the
`forced alert at a predefined rate until acknowledged.
`
`'970 Patent at 7:8-8:36 (bolded portions include sections emphasized in Markman Order).
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`The Accused Devices are programmed to carry out this algorithm. The Algorithm is accomplished as
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 20 of 68 PageID #: 21264
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`follows:
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`Referring now to FIG. 2, in order to set up a communication network that utilizes the forced
`message alert system, the forced message alert software application program must be installed
`on a plurality of PCs and/or PDA/cell phones. The application will provide for a forced alert
`message that can be designated for transmission according to several criteria: a.) A single PC
`and/or PDA/cell phone, b.) The list of users currently participating in the network, and c.) A
`user or administrator predefined list of network participants.
`
`Regarding this first portion of the required algorithm, the forced message alert software application
`program (i.e. Find My Device) is installed on a plurality of PCs and/or PDA/cell phones. In other
`words, Find My Device functionality that allows other devices to control the smartphone by locking,
`wiping, playing a sound, or displaying a message, comes pre-loaded on Android OS devices as a
`component of Google Play Protect. (Previously called Android Device Manager). Additionally, the
`ability to view other devices on a map and to lock those devices is provided by the LG Accused Device
`running the Find My Device code via the Chrome browser, which also is preinstalled on the Accused
`Devices.
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`Find My Device, as set forth in the example use-case below, can designate a “single PC and/or
`PDA/cell phone” such as the lost phone from a listing of devices.
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 21 of 68 PageID #: 21265
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`Regarding the next portion of the algorithm:
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`
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`A required response list which will be either preinstalled in the phone application software or
`sent with the forced message alert will be presented to the user operator upon receipt of the
`forced message. When the forced text or voice alert is received, the user operator is presented
`with the required response list. In order to clear the forced text message alert from the user
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`operator's PC or PDA/cell phone display, the user operator is required to select a reply from this
`list. If the alert is a voice message, the message keeps repeating at a defined rate until the user
`operator selects from the required response list. A military default response list would typically
`consist of choices such as, “will comply,” “will not comply,” and “have complied.” However,
`depending on the nature of the industry in which the users in the communication network are
`in, this default response list could vary significantly.
`
`The required response list is either preinstalled or sent with the forced message alert. The Find My
`Device lock mode alert allows for two types of alerts – one where defaults are applied (the responses
`include only “emergency” and “unlock” options); and a second option where custom messages may be
`applied (the responses include “emergency,” “unlock” and a custom “call back” phone number). The
`custom response list is depicted in the screenshot below depicting “call owner,” and “emergency call”
`responses, and depicting the ability to unlock by entering the recipients password, pushing or swiping
`the unlock button, or using fingerprint recognition to unlock the phone:
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`Case 2:17-cv-00514-JRG Document 267-3 Filed 03/04/19 Page 23 of 68 PageID #: 21267
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`Exhibit A for US Patent No. 8,213,970 Against LG Accused Products
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`The lock mode screen cannot be changed unless one of the options is selected. Where the “call owner”
`option is selected, the content of the message, i