`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No.
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`JURY TRIAL DEMANDED
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`LYFT, INC.,
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`v.
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`Defendant.
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 1 of 40 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`Plaintiff,
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendant Lyft, Inc. (“Lyft” or “Defendant”) for patent infringement
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`under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff AGIS Software is a limited liability company organized and existing under
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`the laws of the State of Texas and maintains its principal place of business at 100 W. Houston
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`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and to
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`U.S. Patent Nos. 7,031,728, 7,630,724, 8,213,970, 10,299,100, 10,341,838 and (the “Patents-in-
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`Suit”).
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`2.
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`Defendant Lyft is a Delaware corporation and maintains its principal place of
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`business at 185 Berry Street, #5000, San Francisco, California, 94107, and may be served with
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`process via its registered agent, CT Corporation System at 1999 Bryan Street, Suite 900, Dallas,
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`Texas, 75201. Upon information and belief, Lyft does business in Texas, directly or through
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`intermediaries, and offers its products and/or services, including those accused herein of
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 2 of 40 PageID #: 2
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`infringement, to customers and potential customers located in Texas, including in the judicial
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`Eastern District of Texas.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`4.
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`This Court has personal jurisdiction over Lyft in this action because Lyft has
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`committed acts within the Eastern District of Texas giving rise to this action and has established
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`minimum contacts with this forum such that the exercise of jurisdiction over Lyft would not
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`offend traditional notions of fair play and substantial justice. Lyft conducts business and has
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`committed acts of patent infringement and/or has induced acts of patent infringement by others
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`in this Judicial District and/or has contributed to patent infringement by others in this Judicial
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`District, the State of Texas, and elsewhere in the United States by, among other things, offering
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`to sell and selling products and/or services that infringe the Patents-in-Suit.
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`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
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`1400(b). Lyft is registered to do business in Texas and, upon information and belief, Lyft has
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`transacted business in the Eastern District of Texas and has committed acts of direct and indirect
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`infringement in the Eastern District of Texas. Lyft has regular and established places of business
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`in this Judicial District as set forth below and is deemed to reside in this Judicial District.
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`Lyft Express Drive Locations in this District
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`6.
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`Venue is proper at least because Lyft maintains a regular and established place of
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`business with its Lyft Express Drive location at 928 West Spring Creek Parkway, Plano, Texas
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`75023. The Express Drive location is a physical location of Lyft in this District, from which
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`2
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 3 of 40 PageID #: 3
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`Lyft’s agents and/or employees conduct its business. For example, Lyft Express Drive locations
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`provide Lyft Drivers with rental vehicles to drive for Lyft.1
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`7.
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`Upon information and belief, Lyft leases its Express Drive space at 928 West
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`Spring Creek Parkway from Pep Boys, and/or otherwise compensates Pep Boys for use of its
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`physical space in this District. Upon information and belief, the Lyft Express Drive location is
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`staffed by employees and/or agents of Lyft, and is regularly visited by Lyft drivers, who are also
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`employees and/or agents of Lyft.
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`8.
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`Upon information and belief, Lyft further maintains dedicated pickup locations in
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`this District which are visible through the Lyft application, and are physically marked with Lyft
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`branding. For example, upon information and belief, the Lyft Express Drive at 928 West Spring
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`Creek Parkway, Plano, Texas 75023 further operates as a Lyft pickup location. Lyft offers
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`transportation services directly to customers in this District, including through its website as
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`shown below.
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`1 https://help2.lyft.com/hc/en-us/articles/115013080108-Express-Drive-overview
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`3
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 4 of 40 PageID #: 4
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`2
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`2 https://www.lyft.com/rider/routes/lyft-express-drive-plano-to-dfw-airport
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`4
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 5 of 40 PageID #: 5
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`3
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`Lyft Vehicles in this District
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`9.
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`Venue is proper because the vehicles of Lyft Drivers in this District are its regular
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`and established places of business. The vehicles of Lyft drivers in this District are physical
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`locations of Lyft that are regularly visited by agents or employees of Lyft and are responsible for
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`conducting Lyft’s business.
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`10.
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`Lyft drivers are employees and/or agents who carry out Lyft’s business from its
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`Lyft locations (e.g. their vehicles) in this District. Through the Accused Products in this case
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`(e.g., Lyft and Lyft Driver), Lyft enters into transactions with its passengers, drivers, and other
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`users. Upon information and belief, Lyft collects approximately a 20% of all payments for
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`transportation and delivery services offered through its applications.4
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`3 https://www.lyft.com/rider/routes/lyft-express-drive-plano-to-dfw-airport
`4 See https://www.moneyunder30.com/driving-for-uber-or-
`lyft#:~:text=Lyft%20takes%2020%25%20of%20each,can%20change%20at%20any%20moment
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`5
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 6 of 40 PageID #: 6
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`11.
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`Upon information and belief, there are over one million Lyft drivers in the United
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`States.5 Lyft makes its transportation and delivery services available throughout this District and
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`maintains Lyft drivers with their vehicles in this District at all times.6 Lyft compensates its Lyft
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`drivers for following its policies, both by enabling them to collect payments through the Lyft
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`and/or Lyft Driver applications, and by providing certain guaranteed minimum payments.7
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`12.
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`For example, Lyft controls the terms on which its Lyft drivers do business
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`through in this District, both by exercising technical control of the Lyft, Lyft Driver applications,
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`and by imposing extensive terms and conditions on its drivers.8 Lyft reserves the right to
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`unilaterally modify these terms at any time.9
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`13.
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`For example, Lyft contractually obligates its drivers to follow “Community
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`Guidelines,” and may deactivate the account of any Lyft driver who does not comply. The
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`Community Guidelines require that Lyft’s drivers maintain clean vehicles, be respectful towards
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`Lyft’s customers, “say yes to service animals,” and “keep alcohol, cigarettes, and weapons out of
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`the car,” among other standards imposed by Lyft.10 “Anyone who doesn’t take these guidelines
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`— and Lyft’s Terms of Service — seriously may be permanently removed from the Lyft
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`platform.”11 Lyft further requires that its drivers pass a background check in order to qualify.12
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`5 See https://therideshareguy.com/how-many-uber-drivers-are-
`there/#:~:text=There%20are%20one%20million%20Lyft%20drivers%20in%20the%20US
`6 See e.g. https://www.lyft.com/rider/city-guides/top-nightlife-spot-texarkana
`7 https://help2.lyft.com/hc/en-us/articles/115012927247-Earnings-Guarantee-
`promotions#:~:text=Lyft%20might%20offer%20a%20%24500,least%20%24500%20for%2050
`%20rides
`8 See e.g. https://www.lyft.com/safety
`9 https://www.lyft.com/terms
`10 See https://www.lyft.com/safety/community-guidelines
`11 https://www.lyft.com/safety/community-guidelines
`12 See e.g. https://www.lyft.com/terms
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`6
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 7 of 40 PageID #: 7
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`14.
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`Lyft also encourages drivers to mark their vehicles with Lyft decals, and
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`“emblems.”13 Lyft provides welcome kits with the Lyft emblem to drivers “shortly after being
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`approved to drive.” Lyft also encourages its drivers to use a “look out for bikes and scooters”
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`sticker.14
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`PATENTS-IN-SUIT
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`15.
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`On July 3, 2012, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
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`for Interactive Remote Communications.” A true and correct copy of the ’970 Patent is attached
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`hereto as Exhibit A.
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`16.
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`On December 8, 2009, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 7,630,724 (the “’724 Patent”) entitled “Method of Providing a
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`Cellular Phone/PDA Communication System.” A true and correct copy of the ’724 Patent is
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`attached hereto as Exhibit B.
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`17.
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`On April 18, 2006, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 7,031,728 (the “’728 Patent”) entitled “Cellular Phone/PDA
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`Communication System.” A true and correct copy of the ’728 Patent is attached hereto as
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`Exhibit C.
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`18.
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`On May 21, 2019, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 10,299,100 (the “’100 Patent”), entitled “Method to Provide Ad Hoc and
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`Password Protected Digital and Voice Networks. A true and correct copy of the ’100 Patent is
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`attached hereto as Exhibit D.
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`13 See e.g. https://help2.lyft.com/hc/en-us/articles/115013082088-New-driver-welcome-kit
`14 Id.
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`7
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 8 of 40 PageID #: 8
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`19.
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`On July 2, 2019, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 10,341,838 (the “’838 Patent”), entitled “Method to Provide Ad Hoc and
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`Password Protected Digital and Voice Networks. A true and correct copy of the ’838 Patent is
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`attached hereto as Exhibit E.
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`FACTUAL ALLEGATIONS
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`20. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
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`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
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`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
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`shortly after the September 11, 2001 terrorist attacks because he believed that many first
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`responder and civilian lives could have been saved through the implementation of a better
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`communication system. He envisioned and developed a new communication system that would
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`use integrated software and hardware components on mobile devices to give users situational
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`awareness superior to systems provided by conventional military and first-responder radio
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`systems.
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`21.
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`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
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`provides first-responders, law enforcement, and military personnel with what is essentially a
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`tactical operations center built into hand-held mobile devices. Using GPS-based location
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`technology and existing or special-purpose cellular communication networks, LifeRing users can
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`exchange location, heading, speed, and other information with other members of a group, view
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`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
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`their efforts.
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`22.
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`AGIS Software licenses its patent portfolio, including the ’970, ’724, ’728, ’838,
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`and ’100 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS
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`8
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 9 of 40 PageID #: 9
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`Software and all previous assignees of the Patents-in-Suit have complied with the requirements
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`of 35 U.S.C. § 287(a).
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`23.
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`Defendant has manufactured, used, marketed, distributed, sold, offered for sale,
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`and exported from and imported into the United States products and software that infringe the
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`Patents-in-Suit, e.g., the Lyft and Lyft Driver applications and the related services and/or servers
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`for the applications (collectively, the “Accused Products”). The Accused Products infringe each
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`of the Asserted Patents.
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`24.
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`The Accused Products include functionalities that allow users to form and/or join
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`networks or groups, share and view locations with other users, display symbols corresponding to
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`locations (including locations of other users) on a map, and communicate with other users via
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`text, voice, and multimedia-based communication. Additionally, the Accused Products include
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`functionalities to allow users to form and/or join networks or groups to request a ride. The
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`Accused Products include the functionalities to display map information, including symbols
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`corresponding with users (e.g. drivers and/or passengers), entities, and locations. The Accused
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`Products further include functionalities to send a forced message alert to which a required
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`response must be transmitted, such as when a driver receives a request for a ride. The Accused
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`Products include functionalities to enable communications, such as voice calls between riders
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`and drivers. The Accused Products practice the claims of the Asserted Patents to improve rider
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`and driver experiences and to improve Lyft’s position in the market.
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`9
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 10 of 40 PageID #: 10
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`15
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`15 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
`beta.jpg?w=1390&crop=1
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`10
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 11 of 40 PageID #: 11
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`16
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`COUNT I
`(Infringement of the ’970 Patent)
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`25.
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`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`26.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
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`of the ’970 Patent.
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`27.
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`Defendant infringes, contributes to the infringement of, and/or induces
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`infringement of the ’970 Patent by making, using, selling, offering for sale, distributing,
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`16https://www.lyft.com/driver-application-requirements
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`11
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 12 of 40 PageID #: 12
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`exporting from, and/or importing into the United States products and/or methods covered by one
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`or more claims of the ’970 Patent, including, but not limited to, the Accused Products.
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`28.
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`Defendant has and continues to directly infringe at least claim 10 of the ’970
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`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
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`sale, distributing, exporting from, and/or importing into the United States the Accused Products
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`without authority and in violation of 35 U.S.C. § 271(a).
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`29.
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`Defendant has and continues to indirectly infringe at least claim 10 of the ’970
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
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`distributing, exporting from, and/or importing into the United States the infringing Accused
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`Products and by instructing users of the Accused Products to perform at least the method of
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`claim 10 in the ’970 Patent. For example, Defendant, with knowledge that the Accused Products
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`infringe the ’970 Patent at least as of the date of this Complaint, actively, knowingly, and
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`intentionally induced, and continues to actively, knowingly, and intentionally induce direct
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`infringement of at least claim 10 of the ’970 Patent in violation of 35 U.S.C. § 271(b).
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`30.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 10 of the ’970 Patent in the United States because Defendant’s customers
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`use such Accused Products, including at least the Lyft and Lyft Driver applications alone or in
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`conjunction with additional Accused Products (e.g. supporting hardware and software), in
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`accordance with Defendant’s instructions and thereby directly infringe at least claim 10 of the
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`’970 Patent in violation of 35 U.S.C. § 271. For example, Lyft directly and/or indirectly
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`intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, installations and/or user guides, such as those located at one or more of the following:
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`12
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 13 of 40 PageID #: 13
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`https://www.lyft.com/driver-application-requirements; https://help2.lyft.com/hc/en-us; and Lyft
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`agents and representatives located within this Judicial District. Defendant is thereby also liable
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`for infringement of the ’970 Patent under 35 U.S.C. § 271(b).
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`31.
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`Defendant directly infringes and/or indirectly infringes by practicing a method of
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`receiving, acknowledging, and responding to a forced message alert from a sender PDA/cell
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`phone to a recipient PDA/cell phone, wherein the receipt, acknowledgment, and response to said
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`forced message alert is forced by a forced message alert software application program. For
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`example, the Lyft driver application is a forced message alert software application, which
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`requires acknowledgement of forced message alerts (e.g. ride requests).
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`32.
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`Defendant directly infringes and/or indirectly infringes by receiving an
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`electronically transmitted electronic message; identifying said electronic message as a forced
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`message alert, wherein said forced message alert comprises of a voice or text message and a
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`forced message alert application software packet, which triggers the activation of the forced
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`message alert software application program within the recipient PDA/cell phone. For example,
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`the Lyft Driver application receives an electronically transmitted request for a ride which triggers
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`a forced message alert that locks the device for a period of time until the user sends a response
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`message (decline or accept) to clear the locked display:
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`13
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 14 of 40 PageID #: 14
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`17
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`33.
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`Defendant directly and/or indirectly infringes by transmitting an automatic
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`acknowledgment of receipt to the sender PDA/cell phone, which triggers the forced message
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`alert software application program to take control of the recipient PDA/cell phone and show the
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`content of the text message and a required response list on the display recipient PDA/cell phone
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`or to repeat audibly the content of the voice message on the speakers of the recipient PDA/cell
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`phone and show the required response list on the display recipient PDA/cell phone. For
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`example, receipt of a ride request takes control of the Lyft driver’s cell phone, displays a
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`message with at least a pickup location, and plays an alert until a required response is selected.
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`17https://www.lyft.com/driver-application-requirements.
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`14
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 15 of 40 PageID #: 15
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`34.
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`Defendant directly and/or indirectly infringes by transmitting a selected required
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`response from the response list in order to allow the message required response list to be cleared
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`from the recipient’s cell phone display, whether said selected response is a chosen option from
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`the response list, causing the forced message alert software to release control of the recipient
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`PDA/cell phone and stop showing the content of the text message and a response list on the
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`display recipient PDA/cell phone and/or stop repeating the content of the voice message on the
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`speakers of the recipient PDA/cell phone. For example, the Lyft driver application requires
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`tapping to accept or dismiss a ride request to release control of the recipient cellphone.
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`35.
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`Defendant directly and/or indirectly infringes by displaying the response received
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`from the PDA cell phone that transmitted the response on the sender of the forced alert PDA/cell
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`phone. For example, the Lyft application displays a driver’s response when a request for a ride
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`is accepted.
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`36.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and
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`indirect infringement of the ’970 Patent in an amount to be proved at trial.
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`37.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
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`result of Defendant’s infringement of the ’970 Patent for which there is no adequate remedy at
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`law, unless Defendant’s infringement is enjoined by this Court.
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`38.
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`Defendant has committed and continues to commit acts of infringement that
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`Defendant actually knew or should have known constituted an unjustifiably high risk of
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`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendant’s
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`infringement of the ’970 Patent has been and continues to be willful, entitling AGIS Software to
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`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
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`15
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`COUNT II
`(Infringement of the ’724 Patent)
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`39.
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`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`40.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
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`of the ’724 Patent.
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`41.
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`Defendant has and continues to directly infringe at least claim 9 of the ’724
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`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
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`selling and/or importing into the United States the Accused Products without authority and in
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`violation of 35 U.S.C. § 271(a).
`
`42.
`
`Defendant has and continues to indirectly infringe at least claim 9 of the ’724
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Products and by instructing users of the Accused
`
`Products to perform methods claimed in the ’724 Patent. For example, Defendant, with
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`knowledge that the Accused Products infringe the ’724 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continues to knowingly and
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`intentionally induce direct infringement of the ’724 Patent in violation of 35 U.S.C. § 271(b).
`
`43.
`
`For example, Defendant has indirectly infringed and continues to indirectly
`
`infringe at least claim 9 of the ’724 Patent in the United States because Defendant’s customers
`
`use the Accused Products, including at least the Lyft and Lyft Driver applications, alone or in
`
`conjunction with additional Accused Products (e.g. supporting hardware and software), in
`
`accordance with Defendant’s instructions and thereby directly infringe at least claim 9 of the
`
`16
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 17 of 40 PageID #: 17
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`’724 Patent in violation of 35 U.S.C. § 271. For example, Lyft directly and/or indirectly
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`intentionally instructs its customers to infringe through training videos, demonstrations,
`
`brochures, installations and/or user guides, such as those located at one or more of the following:
`
`https://www.lyft.com/driver-application-requirements; https://help2.lyft.com/hc/en-us; and Lyft
`
`agents and representatives located within this Judicial District. Defendant is thereby also liable
`
`for infringement of the ’724 Patent under 35 U.S.C. § 271(b).
`
`44.
`
`Defendant directly and/or indirectly infringes by practicing a method for
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`providing a cellular phone communication network for designated participating users, each user
`
`having a similarly equipped cellular phone that includes a CPU, GPS navigational system, an
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`interact message transmitter and receiver, and a touch screen display comprising: accessing a
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`database in each cell phone that includes a geographical map of a predetermined area for user
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`viewing on the touch screen display; accessing an application program in each cell phone for
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`generating one or more symbols representative of one or more participating users, each of whom
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`have a similarly equipped cellular phone; accessing a database in each cell phone that includes
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`cellular telephone numbers of each of the participating users having similarly equipped cellular
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`phones, said database including the generation of one or more symbols associated with a
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`particular participating user; calling a participating user by touching the symbol on the map
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`display and touching a call switch; connecting each of the cell phones to an internet connection;
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`and exchanging IP addresses using SMS or other digital message format between and among
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`each of the network participant users so that communications between participants is established
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`via IP or transmission of a network participant’s IP address to a server which then transmits data
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`to other network participants using the IP address previously.
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`17
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 18 of 40 PageID #: 18
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`45.
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`For example, the Lyft Driver Application runs on smart phones which include
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`navigation systems and provides a touch screen interface with a geographic map that allows
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`users (e.g. riders) to call other users (e.g. drivers) by touching a symbol on the map display, as
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`depicted below. For example, the Lyft and/or Lyft Driver Applications connect cell phones to an
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`internet connection and exchange IP addresses during a call.
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`18
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`46.
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`For example, the Lyft and Lyft Driver Applications run smart phones which
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`include voice communication, free and operator selected text messages, photograph and video, a
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`CPU, a GPS navigation system, and a touch screen display.
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`47.
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`For example, the Lyft and Lyft Driver Applications enable generating one or
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`more symbols on a touch screen display, such as vehicle symbols corresponding with the
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`location of a smart device running the Lyft Driver Application. Each symbol has a
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`corresponding longitude and latitude.
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`18 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 19 of 40 PageID #: 19
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`48.
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`For example, the Lyft and Lyft Driver Applications provides and stores the phone
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`numbers of users and drivers in the memories of their respective phones (e.g. through
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`communication with a server). The Lyft and Lyft Driver Applications enable a user and/or
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`driver to place a call by selecting a symbol on the touch display.
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`49.
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`Defendant has had knowledge and notice of the ’724 Patent at least as of the filing
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`of the Complaint.
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`50.
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`Defendant has indirectly infringed and continues to indirectly infringe one or
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`more claims of the ’724 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
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`others, such as Defendant’s customers and end-users, in this District and elsewhere in the United
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`States. For example, Defendant’s customers and end-users directly infringe, either literally or
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`under the doctrine of equivalents, through their use of the inventions claimed in the ’724 Patent.
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`Defendant induces this direct infringement through its affirmative acts of manufacturing, selling,
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`19 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 20 of 40 PageID #: 20
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`distributing, and/or otherwise making available the Accused Products, and providing
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`instructions, documentation, and other information to customers and end-users suggesting that
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`they use the Accused Products in an infringing manner, including technical support, marketing,
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`product manuals, advertisements, and online documentation. Because of Defendant’s
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`inducement, Defendant’s customers and end-users use Accused Products in a way Defendant
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`intends and directly infringe the ’724 Patent. Defendant performs these affirmative acts with
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`knowledge of the ’724 Patent and with the intent, or willful blindness, that the induced acts
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`directly infringe the ’724 Patent.
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`51.
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`Defendant has indirectly infringed and continues to indirectly infringe one or
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`more claims of the ’724 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
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`infringement by others, such as customers and end-users, in this District and elsewhere in the
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`United States. Defendant’s affirmative acts of selling and offering to sell the Accused Products
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`in this District and elsewhere in the United States and causing the Accused Products to be
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`manufactured, used, sold, and offered for sale contributes to others’ use and manufacture of the
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`Accused Products such that the ’724 Patent is directly infringed by others. The accused
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`components within the Accused Products are material to the invention of the ’724 Patent, are not
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`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
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`known by Defendant to be especially made or adapted for use in the infringement of the ’724
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`Patent. Defendant performs these affirmative acts with knowledge of the ’724 Patent and with
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`intent, or willful blindness, that they cause the direct infringement of the ’724 Patent.
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`52.
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`AGIS Software has suffered damages as a result of Defendant’s direct and
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`indirect infringement of the ’724 Patent in an amount to be proved at trial.
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`20
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 21 of 40 PageID #: 21
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`53.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
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`result of Defendant’s infringement of the ’724 Patent for which there is no adequate remedy at
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`law, unless Defendant’s infringement is enjoined by this Court.
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`COUNT III
`(Infringement of the ’728 Patent)
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`54.
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`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`55.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, or import any products that embody the inventions of the ’728 Patent.
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`56.
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`Defendant infringes, contributes to the infringement of, and/or induces
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`infringement of the ’728 Patent by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States products and/or methods covered by one
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`or more claims of the ’728 Patent, including, but not limited to, the Accused Products.
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`57.
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`Defendant has and continues to directly infringe at least claim 7 of the ’728
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`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
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`sale, distributing, exporting from, and/or importing into the United States the Accused Products
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`without authority and in violation of 35 U.S.C. § 271(a).
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`58.
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`Defendant has and continues to indirectly infringe at least claim 7 of the ’728
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
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`distributing, exporting from, and/or importing into the United States the infringing Accused
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`Products, and by instructing users of the Accused Products to perform at least the method of
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`claim 7 in the ’728 Patent. For example, Defendant, with knowledge that the Accused Products
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`infringe the ’728 Patent at least as of the date of this Complaint, actively, knowingly, and
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`21
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`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 22 of 40 PageID #: 22
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`intentionally induced, and continues to actively, knowingly, and intentionally induce direct
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`infringement of at least claim 7 of the ’728 Patent in violation of 35 U.S.C. § 271(b).
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`59.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 7 of the ’728 Patent in the United States because Defendant’s customers
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`use such Accused Products, including at least the Lyft and Lyft Driver Applications alone or in
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`conjunction with additional Accused Products (e.g. supporting hardw