Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 1 of 16 PageID #: 320
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`Plaintiff,
`
`Civil Action No. 2:17-CV-516-JRG
`
`v.
`
`APPLE INC.,
`
`Defendant.
`
`APPLE’S ANSWER TO PLAINTIFF’S FIRST AMENDED
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Defendant Apple Inc. (“Apple”) answers Plaintiff’s First Amended Complaint for Patent
`
`Infringement (“Amended Complaint”) filed by AGIS Software Development LLC (“AGIS”) (D.I.
`
`32) as follows:
`
`THE PARTIES1
`
`1.
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`Apple has insufficient knowledge or information to admit or deny the allegations
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`in Amended Complaint paragraph 1 and on that basis denies all such allegations.
`
`2.
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`Apple admits that it is a corporation organized and existing under the laws of
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`California and has a principal place of business at 1 Infinite Loop, Cupertino, California 95014.
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`Apple admits that it has retail stores at 2601 Preston Road, Frisco, Texas, and 6121 West Park
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`Boulevard, Plano, Texas, as well as other locations in Texas. Apple admits that it offers and sells
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`its products and/or services, including those accused herein of infringement, to customers and
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`1 For clarity and ease of reference, Apple repeats herein the section headers recited in AGIS’s
`Amended Complaint. To the extent any section header is construed to be a factual allegation,
`Apple denies any and all such allegations.
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`

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`Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 2 of 16 PageID #: 321
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`potential customers located in Texas, including in the judicial Eastern District of Texas. Apple
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`admits that it may be served with process through its registered agent for service in Texas: CT
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`Corporation System, 1999 Bryant Street, Suite 900, Dallas, Texas 75201. To the extent any factual
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`allegations remain in the Amended Complaint paragraph 2, Apple denies them.
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`JURISDICTION AND VENUE
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`3.
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`Apple admits that AGIS purports to bring an action for patent infringement. Apple
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`states that the remaining allegations in the Amended Complaint paragraph 3 contain legal
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`conclusions that require no answer. To the extent an answer is required, Apple denies that any
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`factual or legal basis exists for any of AGIS’s claims against Apple in this action, or that AGIS is
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`entitled to any relief whatsoever from Apple or this Court. To the extent any factual allegations
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`remain in the Amended Complaint paragraph 3, Apple denies them.
`
`4.
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`Apple admits that it has retail stores in the Eastern District of Texas. Apple admits
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`that it has transacted business in the Eastern District of Texas. Apple denies that it has committed
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`or induced acts of patent infringement in this judicial district or in any other district. Apple further
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`denies that venue is proper in this District, and further asserts that a District Court in the Northern
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`District of California would be a clearly more convenient venue, and on that additional basis,
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`denies the propriety of venue in this district. To the extent any factual allegations remain in the
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`Amended Complaint paragraph 4, Apple denies them.
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`5.
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`Apple admits that it has conducted business in the Eastern District of Texas. Apple
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`denies that it has committed, induced, or contributed to acts of patent infringement in this judicial
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`district or in any other district. Apple states that the remaining allegations in the Amended
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`Complaint paragraph 5 contain legal conclusions that require no answer. To the extent an answer
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`is required, Apple admits that it is subject to personal jurisdiction in this Court for the purposes of
`
`2
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`

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`this action, but denies that any factual or legal basis exists for any of AGIS’s claims against Apple
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`in this action, or that AGIS is entitled to any relief whatsoever from Apple or this Court. To the
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`extent any factual allegations remain in the Amended Complaint paragraph 5, Apple denies them.
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`PATENTS-IN-SUIT
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`6.
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`Apple admits that according to the records of the U.S. Patent and Trademark Office
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`(“USPTO”), on July 3, 2012, the USPTO issued United States Patent No. 8,213,970 (the “’970
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`patent”), but denies that the ’970 patent was duly and legally issued. Apple admits that the ’970
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`patent is entitled “Method of Utilizing Forced Alerts for Interactive Remote Communications.”
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`Apple admits that, on information and belief, Exhibit A to the Amended Complaint appears to be
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`a copy of the ’970 patent.
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`7.
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`Apple admits that according to the records of the USPTO, on August 2, 2016, the
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`USPTO issued United States Patent No. 9,408,055 (the “’055 patent”), but denies that the ’055
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`patent was duly and legally issued. Apple admits that the ’055 patent is entitled “Method to
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`Provide Ad Hoc and Password Protected Digital and Voice Networks.” Apple admits that, on
`
`information and belief, Exhibit B to the Amended Complaint appears to be a copy of the ’055
`
`patent.
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`8.
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`Apple admits that according to the records of the USPTO, on September 13, 2016,
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`the USPTO issued United States Patent No. 9,445,251 (the “’251 patent”), but denies that the ’251
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`patent was duly and legally issued. Apple admits that the ’251 patent is entitled “Method to
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`Provide Ad Hoc and Password Protected Digital and Voice Networks.” Apple admits that, on
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`information and belief, Exhibit C to the Amended Complaint appears to be a copy of the ’251
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`patent.
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`3
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`

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`9.
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`Apple admits that according to the records of the USPTO, on October 11, 2016, the
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`USPTO issued United States Patent No. 9,467,838 (the “’838 patent”), but denies that the ’838
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`patent was duly and legally issued. Apple admits that the ’838 patent is entitled “Method to
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`Provide Ad Hoc and Password Protected Digital and Voice Networks.” Apple admits that, on
`
`information and belief, Exhibit D to the Amended Complaint appears to be a copy of the ’838
`
`patent.
`
`10.
`
`Apple admits that according to the records of the USPTO, on August 29, 2017, the
`
`USPTO issued U.S. Patent No. 9,749,829 (the “’829 Patent”), but denies that the ’829 patent was
`
`duly and legally issued. Apple admits that the ’829 patent is entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” Apple admits that, on information and
`
`belief, Exhibit E to the Amended Complaint appears to be a copy of the ’829 patent.
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`FACTUAL ALLEGATIONS
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`11.
`
`Apple has insufficient knowledge or information to admit or deny the allegations
`
`in Amended Complaint paragraph 11 and on that basis denies all such allegations.
`
`12.
`
`Apple has insufficient knowledge or information to admit or deny the allegations
`
`in Amended Complaint paragraph 12 and on that basis denies all such allegations.
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`13.
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`Apple has insufficient knowledge or information to admit or deny the factual
`
`allegations in Amended Complaint paragraph 13 and on that basis denies all such allegations.
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`14.
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`Apple has insufficient knowledge or information to admit or deny the factual
`
`allegations in Amended Complaint paragraph 14 and on that basis denies all such allegations.
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`15.
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`Apple admits that it has manufactured, used, sold, offered for sale, and/or imported
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`into the United States iPhone versions 4, 4s, 5, 5s, SE, 6s, 6s+, 7, 7+, 7 Red, 8, X, and SE, iPad
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`versions 1 through 3, iPad Air versions 1 and 2, iPad Mini versions 1 through 4, and iPad Pro 9.7,
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`4
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`

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`10.5, and 12.9, and Apple Watch versions Series 1, Series 2, Series 3, Nike+, and Hermes
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`(collectively, the “Accused Devices”). Apple denies the remaining factual allegations of the first
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`sentence of Amended Complaint paragraph 15. Apple admits that it currently makes available
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`the Apple Maps, Find My iPhone, Find My Friends, and iMessage apps as components of certain
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`of its iOS operating systems software and as downloads on Apple’s App Store. Apple denies the
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`remaining allegations of Amended Complaint paragraph 15.
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`16.
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`Amended Complaint paragraph 16 contains legal conclusions to which no response
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`is required, at least to the extent Amended Complaint paragraph 16 alleges that the Accused
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`Devices meet the limitations recited in the claims of the Patents-In-Suit. To the extent a response
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`is deemed to be required, Apple denies the allegations of Amended Complaint paragraph 16.
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`COUNT I
`(Infringement of the ’970 Patent)
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`17.
`
`Apple incorporates by reference its responses to Amended Complaint paragraphs
`
`1-16 as if fully set forth herein.
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`18.
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`Apple admits that it has not entered into a license with AGIS concerning the ’970
`
`patent. Apple denies any remaining factual allegations of Amended Complaint paragraph 18.
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`19.
`
`20.
`
`21.
`
`22.
`
`Apple denies the allegations of Amended Complaint paragraph 19.
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`Apple denies the allegations of Amended Complaint paragraph 20.
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`Apple denies the allegations of Amended Complaint paragraph 21.
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`Apple admits that its website includes certain instructions concerning its Find My
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`iPhone app. Apple denies the remaining allegations of Amended Complaint paragraph 22.
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`23.
`
`24.
`
`25.
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`Apple denies the allegations of Amended Complaint paragraph 23.
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`Apple denies the allegations of Amended Complaint paragraph 24.
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`Apple denies the allegations of Amended Complaint paragraph 25.
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`5
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`

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`Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 6 of 16 PageID #: 325
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`COUNT II
`(Infringement of the ’055 Patent)
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`26.
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`Apple incorporates by reference its responses to Amended Complaint paragraphs
`
`1-25 as if fully set forth herein.
`
`27.
`
`Apple admits that it has not entered into a license with AGIS concerning the ’055
`
`patent. Apple denies any remaining factual allegations of Amended Complaint paragraph 27.
`
`28.
`
`29.
`
`30.
`
`31.
`
`Apple denies the allegations of Amended Complaint paragraph 28.
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`Apple denies the allegations of Amended Complaint paragraph 29.
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`Apple denies the allegations of Amended Complaint paragraph 30.
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`Apple admits that its website includes instructions concerning its Find My Friends
`
`app. Apple denies the remaining allegations of Amended Complaint paragraph 31.
`
`32.
`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`38.
`
`39.
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`Apple denies the allegations of Amended Complaint paragraph 32.
`
`Apple denies the allegations of Amended Complaint paragraph 33.
`
`Apple denies the allegations of Amended Complaint paragraph 34.
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`Apple denies the allegations of Amended Complaint paragraph 35.
`
`Apple denies the allegations of Amended Complaint paragraph 36.
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`Apple denies the allegations of Amended Complaint paragraph 37.
`
`Apple denies the allegations of Amended Complaint paragraph 38.
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`Apple denies the allegations of Amended Complaint paragraph 39.
`
`COUNT III
`(Infringement of the ’251 Patent)
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`40.
`
`Apple incorporates by reference its responses to Amended Complaint paragraphs
`
`1-39 as if fully set forth herein.
`
`41.
`
`Apple admits that it has not entered into a license with AGIS concerning the ’055
`
`patent. Apple denies any remaining factual allegations of Amended Complaint paragraph 41.
`
`6
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`

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`42.
`
`43.
`
`44.
`
`45.
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`Apple denies the allegations of Amended Complaint paragraph 42.
`
`Apple denies the allegations of Amended Complaint paragraph 43.
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`Apple denies the allegations of Amended Complaint paragraph 44.
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`Apple admits that its website includes instructions concerning its Find My Friends
`
`app. Apple denies the remaining allegations of Amended Complaint paragraph 45.
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`51.
`
`52.
`
`53.
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`Apple denies the allegations of Amended Complaint paragraph 46.
`
`Apple denies the allegations of Amended Complaint paragraph 47.
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`Apple denies the allegations of Amended Complaint paragraph 48.
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`Apple denies the allegations of Amended Complaint paragraph 49.
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`Apple denies the allegations of Amended Complaint paragraph 50.
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`Apple denies the allegations of Amended Complaint paragraph 51.
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`Apple denies the allegations of Amended Complaint paragraph 52.
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`Apple denies the allegations of Amended Complaint paragraph 53.
`
`COUNT IV
`(Infringement of the ’838 Patent)
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`54.
`
`Apple incorporates by reference its responses to Amended Complaint paragraphs
`
`1-53 as if fully set forth herein.
`
`55.
`
`Apple admits that it has not entered into a license with AGIS concerning the ’838
`
`patent. Apple denies any remaining factual allegations of Amended Complaint paragraph 55.
`
`56.
`
`57.
`
`58.
`
`59.
`
`Apple denies the allegations of Amended Complaint paragraph 56.
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`Apple denies the allegations of Amended Complaint paragraph 57.
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`Apple denies the allegations of Amended Complaint paragraph 58.
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`Apple admits that its website includes instructions concerning its Find My Friends
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`app. Apple denies the remaining allegations of Amended Complaint paragraph 59.
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`7
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`

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`60.
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`61.
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`62.
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`63.
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`64.
`
`65.
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`66.
`
`67.
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`Apple denies the allegations of Amended Complaint paragraph 60.
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`Apple denies the allegations of Amended Complaint paragraph 61.
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`Apple denies the allegations of Amended Complaint paragraph 62.
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`Apple denies the allegations of Amended Complaint paragraph 63.
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`Apple denies the allegations of Amended Complaint paragraph 64.
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`Apple denies the allegations of Amended Complaint paragraph 65.
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`Apple denies the allegations of Amended Complaint paragraph 66.
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`Apple denies the allegations of Amended Complaint paragraph 67.
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`COUNT V
`(Infringement of the ’829 Patent)
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`68.
`
`Apple incorporates by reference its responses to Amended Complaint paragraphs
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`1-67 as if fully set forth herein.
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`69.
`
`Apple admits that it has not entered into a license with AGIS concerning the ’829
`
`patent. Apple denies any remaining factual allegations of Amended Complaint paragraph 69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`Apple denies the allegations of Amended Complaint paragraph 70.
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`Apple denies the allegations of Amended Complaint paragraph 71.
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`Apple denies the allegations of Amended Complaint paragraph 72.
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`Apple admits that its website includes instructions concerning its Find My Friends
`
`app. Apple denies the remaining allegations of Amended Complaint paragraph 73.
`
`74.
`
`75.
`
`76.
`
`77.
`
`78.
`
`Apple denies the allegations of Amended Complaint paragraph 74.
`
`Apple denies the allegations of Amended Complaint paragraph 75.
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`Apple denies the allegations of Amended Complaint paragraph 76.
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`Apple denies the allegations of Amended Complaint paragraph 77.
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`Apple denies the allegations of Amended Complaint paragraph 78.
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`8
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`

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`79.
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`80.
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`81.
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`Apple denies the allegations of Amended Complaint paragraph 79.
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`Apple denies the allegations of Amended Complaint paragraph 80.
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`Apple denies the allegations of Amended Complaint paragraph 81.
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`DEMAND FOR JURY TRIAL
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`Apple hereby demands a jury for all issues so triable.
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`PRAYER FOR RELIEF
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`Apple denies that AGIS is entitled to any relief, either as prayed for in its Amended
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`Complaint or otherwise.
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`GENERAL DENIAL
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`Apple further denies each and every allegation contained in the Amended Complaint to
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`which Apple has not specifically admitted, denied, or otherwise responded to herein.
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`APPLE’S DEFENSES
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`Apple asserts the following defenses in response to the allegations of the Amended
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`Complaint, undertaking the burden of proof only as to those defenses deemed affirmative defenses
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`by law, regardless of how such defenses are denominated herein. Apple reserves the right to assert
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`any additional defenses as they become known during the course of this action.
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`First Defense – Patent Invalidity
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`AGIS’s purported claims for infringement of the ’970 patent are barred because the claims
`
`of the ’970 patent are invalid for failure to comply with the requirements of Title 35, United States
`
`Code, including at least §§ 101, 102, 103, and 112.
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`AGIS’s purported claims for infringement of the ’055 patent are barred because the claims
`
`of the ’055 patent are invalid for failure to comply with the requirements of Title 35, United States
`
`Code, including at least §§ 101, 102, 103, and 112.
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`9
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`

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`AGIS’s purported claims for infringement of the ’251 patent are barred because the claims
`
`of the ’251 patent are invalid for failure to comply with the requirements of Title 35, United States
`
`Code, including at least §§ 101, 102, 103, and 112.
`
`AGIS’s purported claims for infringement of the ’838 patent are barred because the claims
`
`of the ’838 patent are invalid for failure to comply with the requirements of Title 35, United States
`
`Code, including at least §§ 101, 102, 103, and 112.
`
`AGIS’s purported claims for infringement of the ’829 patent are barred because the claims
`
`of the ’829 patent are invalid for failure to comply with the requirements of Title 35, United States
`
`Code, including at least §§ 101, 102, 103, and 112.
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`Second Defense – Non-Infringement
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`Apple does not infringe and has not infringed, directly, indirectly, contributorily or by
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`inducement, any valid and enforceable claim of the ’970 patent.
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`Apple does not infringe and has not infringed, directly, indirectly, contributorily or by
`
`inducement, any valid and enforceable claim of the ’055 patent.
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`Apple does not infringe and has not infringed, directly, indirectly, contributorily or by
`
`inducement, any valid and enforceable claim of the ’251 patent.
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`Apple does not infringe and has not infringed, directly, indirectly, contributorily or by
`
`inducement, any valid and enforceable claim of the ’838 patent.
`
`Apple does not infringe and has not infringed, directly, indirectly, contributorily or by
`
`inducement, any valid and enforceable claim of the ’829 patent.
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`Third Defense – Prosecution History Estoppel and Disclaimer
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`10
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`

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`The relief sought by AGIS is barred, in whole or in part, under the doctrines of prosecution
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`history estoppel and prosecution disclaimer due to amendments and/or statements made during
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`prosecution related to the ’970 patent and/or in the specification and claims of the ’970 patent.
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`The relief sought by AGIS is barred, in whole or in part, under the doctrines of prosecution
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`history estoppel and prosecution disclaimer due to amendments and/or statements made during
`
`prosecution related to the ’055 patent and/or in the specification and claims of the ’055 patent.
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`The relief sought by AGIS is barred, in whole or in part, under the doctrines of prosecution
`
`history estoppel and prosecution disclaimer due to amendments and/or statements made during
`
`prosecution related to the ’251 patent and/or in the specification and claims of the ’251 patent.
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`The relief sought by AGIS is barred, in whole or in part, under the doctrines of prosecution
`
`history estoppel and prosecution disclaimer due to amendments and/or statements made during
`
`prosecution related to the ’838 patent and/or in the specification and claims of the ’838 patent.
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`The relief sought by AGIS is barred, in whole or in part, under the doctrines of prosecution
`
`history estoppel and prosecution disclaimer due to amendments and/or statements made during
`
`prosecution related to the ’829 patent and/or in the specification and claims of the ’829 patent.
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`Fourth Defense – Prosecution Laches
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`The ’970 patent is unenforceable due to prosecution laches.
`
`The ’055 patent is unenforceable due to prosecution laches.
`
`The ’251 patent is unenforceable due to prosecution laches.
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`The ’838 patent is unenforceable due to prosecution laches.
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`The ’829 patent is unenforceable due to prosecution laches.
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`11
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`Fifth Defense – Equitable Doctrines
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`On information and belief, some or all of AGIS’s claims are barred by one or more of the
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`equitable doctrines of waiver, acquiescence, laches, estoppel (including without limitation
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`equitable estoppel and prosecution history estoppel), and/or unclean hands.
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`Sixth Defense – No Entitlement To Injunctive Relief
`
`AGIS is not entitled to injunctive relief against Apple under the principles of equity
`
`applicable to actions for patent infringement by virtue of 35 U.S.C. § 283. Apple has not
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`infringed and is not infringing the ’970 patent, and the ’970 patent is not valid. Further, any
`
`purported injury to AGIS is not immediate and not irreparable, and AGIS will have an adequate
`
`remedy at law. Further, the public interest and the balance of hardships disfavors an injunction
`
`under the circumstances here.
`
`AGIS is not entitled to injunctive relief against Apple under the principles of equity
`
`applicable to actions for patent infringement by virtue of 35 U.S.C. § 283. Apple has not
`
`infringed and is not infringing the ’055 patent, and the ’055 patent is not valid. Further, any
`
`purported injury to AGIS is not immediate and not irreparable, and AGIS will have an adequate
`
`remedy at law. Further, the public interest and the balance of hardships disfavors an injunction
`
`under the circumstances here.
`
`AGIS is not entitled to injunctive relief against Apple under the principles of equity
`
`applicable to actions for patent infringement by virtue of 35 U.S.C. § 283. Apple has not
`
`infringed and is not infringing the ’251 patent, and the ’251 patent is not valid. Further, any
`
`purported injury to AGIS is not immediate and not irreparable, and AGIS will have an adequate
`
`remedy at law. Further, the public interest and the balance of hardships disfavors an injunction
`
`under the circumstances here.
`
`12
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`

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`AGIS is not entitled to injunctive relief against Apple under the principles of equity
`
`applicable to actions for patent infringement by virtue of 35 U.S.C. § 283. Apple has not
`
`infringed and is not infringing the ’838 patent, and the ’838 patent is not valid. Further, any
`
`purported injury to AGIS is not immediate and not irreparable, and AGIS will have an adequate
`
`remedy at law. Further, the public interest and the balance of hardships disfavors an injunction
`
`under the circumstances here.
`
`AGIS is not entitled to injunctive relief against Apple under the principles of equity
`
`applicable to actions for patent infringement by virtue of 35 U.S.C. § 283. Apple has not
`
`infringed and is not infringing the ’829 patent, and the ’829 patent is not valid. Further, any
`
`purported injury to AGIS is not immediate and not irreparable, and AGIS will have an adequate
`
`remedy at law. Further, the public interest and the balance of hardships disfavors an injunction
`
`under the circumstances here.
`
`Seventh Defense – Limitation on Damages and Costs
`
`AGIS’s claims for damages are barred, in whole or in part, by 35 U.S.C. § 286 or 287.
`
`Moreover, Apple has not engaged in any conduct that would entitle AGIS to a finding that this is
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`an exceptional case, or to an award of enhanced damages, costs, attorneys’ fees, or expenses. To
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`the extent any claims of the Patents-In-Suit are invalid, AGIS is barred from recovering costs by
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`35 U.S.C. § 288.
`
`Eighth Defense – Lack of Notice
`
`Apple did not have notice of any of the Patents-in-Suit prior to service of the Complaint.
`
`For at least this reason, Apple could not have, and did not, indirectly infringe any of the Patents-
`
`in-Suit prior to service of the Complaint.
`
`13
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`

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`Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 14 of 16 PageID #: 333
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`Apple did not have notice of any of the Patents-in-Suit prior to service of the Complaint.
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`For at least this reason, Apple could not have, and did not, willfully infringe any of the Patents-
`
`in-Suit prior to service of the Complaint.
`
`Reservation of Additional Defenses
`
`Apple reserves the right to assert additional defenses in the event that discovery or other
`
`analysis indicates that additional defenses are appropriate.
`
`APPLE’S PRAYER FOR RELIEF
`
`Apple respectfully prays for judgment in its favor and against AGIS, and that Apple be
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`granted the following relief:
`
`a.
`
`b.
`
`c.
`
`Dismissal with prejudice of AGIS’s Amended Complaint in its entirety;
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`Denial of all remedies and relief sought by AGIS in its Amended Complaint;
`
`A finding that this case is exceptional under 35 U.S.C. § 285 and/or other
`
`applicable laws, and awarding Apple its costs, expenses, and disbursements
`
`in this action, including reasonable attorneys’ fees; and
`
`d.
`
`Awarding Apple any other and additional relief as this Court deems just and
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`proper.
`
`APPLE’S DEMAND FOR JURY TRIAL
`
`Apple hereby demands a jury trial on all issues so triable.
`
`14
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`Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 15 of 16 PageID #: 334
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`Dated: October 2, 2017
`
`By:
`
`/s/ Melissa R. Smith
`
`Melissa Richards Smith
`State Bar No. 24001351
`GILLAM & SMITH, LLP
`303 South Washington Ave.
`Marshall, TX 75670
`Tel: (903) 934-8450
`Fax: (903) 934-9257
`melissa@gillamsmithlaw.com
`
`John M. Desmarais
`Michael P. Stadnick
`Ameet A. Modi
`Kerri-Ann Limbeek
`Brian Matty
`DESMARAIS LLP
`230 Park Avenue
`New York, NY 10169
`Telephone: (212) 351-3400
`Facsimile: (212) 351-3401
`Email: jdesmarais@desmaraisllp.com
`Email: mstadnick@desmaraisllp.com
`Email: amodi@desmaraisllp.com
`Email: klimbeek@desmaraisllp.com
`Email: bmatty@desmaraisllp.com
`
`Attorneys for Defendant Apple Inc.
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`15
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`Case 2:17-cv-00516-JRG Document 36 Filed 10/02/17 Page 16 of 16 PageID #: 335
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`CERTIFICATE OF SERVICE
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`The undersigned hereby certifies that a copy of the foregoing was served this 2nd day of
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`October, 2017, by the Court’s electronic document filing system, upon all counsel of record.
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`/s/ Melissa R. Smith
`Melissa R. Smith
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