Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 1 of 53 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`Plaintiff,
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`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`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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`§
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`§
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`§
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`§
`§
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`§
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`UBER TECHNOLOGIES INC.,
`d/b/a UBER,
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`
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`Defendant.
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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 Uber Technologies Inc., d/b/a Uber (“Uber” or “Defendant”)
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`for patent infringement 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
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`under the laws of the State of Texas and maintains its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
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`interest in and to U.S. Patent Nos. 7,031,728, 7,630,724, 8,213,970, 10,299,100, 10,341,838 and
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`(the “Patents-in-Suit”).
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`2.
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`Defendant Uber is a Delaware corporation and maintains its principal place of
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`business at 1455 Market Street, #400, San Francisco, California 94103, and may be served with
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`process via its registered agent, Corporation Service Company at 251 Little Falls Drive,
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`Wilmington, Delaware 19808. Upon information and belief, Uber does business in Texas,
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`directly or through intermediaries, and offers its products and/or services, including those
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`

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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 2 of 53 PageID #: 2
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`accused herein of infringement, to customers and potential customers located in Texas, including
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`in the judicial 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 Uber in this action because Uber 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 Uber would not
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`offend traditional notions of fair play and substantial justice. Uber 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). Uber is registered to do business in Texas and, upon information and belief, Uber 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.
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`Uber Greenlight
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`6.
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`For example, venue is proper because Uber maintains a regular and established
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`place of business in this District with an Uber Greenlight Hub at 2301 North Central
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`Expressway, Suite 145, Plano, Texas 75075. The Greenlight Hub at this location is a physical
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`location of Uber in this District, from which Uber’s employees and/or agents conduct its
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`business:
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`7.
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`Upon information and belief, the Uber Greenlight Hub at 2301 North Central
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`Expressway, Suite 145, Plano, Texas 75075 has continued to operate throughout the duration of
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`the COVID-19 pandemic, either regularly or by appointment:
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`1 https://www.google.com/maps/place/Uber+Greenlight/@33.0301283,-
`96.7093791,3a,75y/data=!3m8!1e2!3m6!1sAF1QipOkLpyQMzIEpxtBcxA4O2oatPlBhMu7D0s
`2hyHz!2e10!3e12!6shttps:%2F%2Flh5.googleusercontent.com%2Fp%2FAF1QipOkLpyQMzIE
`pxtBcxA4O2oatPlBhMu7D0s2hyHz%3Dw203-h270-k-
`no!7i3120!8i4160!4m8!1m2!2m1!1suber+greenlight!3m4!1s0x0:0x1a6b77e198ba1b5!8m2!3d3
`3.0308295!4d-96.7095566
`2 https://www.google.com/maps/place/Uber+Greenlight/@33.0301283,-
`96.7093791,3a,75y,90t/data=!3m8!1e2!3m6!1sAF1QipOWt1SM6YgeiSh34D-
`52BLbhje5C4mB5bFBJ7ci!2e10!3e12!6shttps:%2F%2Flh5.googleusercontent.com%2Fp%2FA
`F1QipOWt1SM6YgeiSh34D-52BLbhje5C4mB5bFBJ7ci%3Dw203-h114-k-
`no!7i4032!8i2268!4m8!1m2!2m1!1suber+greenlight!3m4!1s0x0:0x1a6b77e198ba1b5!8m2!3d3
`3.0308295!4d-96.7095566
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`5
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`8.
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`Uber’s Greenlight Hub provides support services to its drivers in this District.3
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`For example, Uber drivers may visit a Greenlight Hub for onboarding, to activate their account,
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`to have their profile pictures taken, for help with fares and payment, to change or remove a
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`“partner,” for assistance after an accident or complaint, to return a lost item, for help operating
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`the Uber application, and for help deleting their account.4
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`9.
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`Upon information and belief, Uber’s Greenlight Hub, including the one in this
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`District, is staffed by employees and/or agents of Uber. Those employees and/or agents carry
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`out Uber’s business in this District by supporting the drivers responsible for its transportation
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`and delivery service. The Uber Greenlight Hub is further regularly visited by Uber drivers, who
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`are also Uber’s employees and/or agents that conduct its business in this District.
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`10.
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`Upon information and belief, Uber also regularly establishes “Uber Spot”
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`locations in this District.5 Uber Spots are “pop-up” locations from which Uber provides similar
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`services to those provided through the Greenlight Hub. 6
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`Uber Vehicles in this District
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`11.
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`Venue is also proper because the vehicles of Uber Drivers in this District are its
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`regular and established places of business. The vehicles of Uber drivers in this District are
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`physical locations of Uber that are regularly visited by agents or employees of Uber and are
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`responsible for conducting Uber’s business.
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`3 See https://help.uber.com/riders/article/greenlight-activation?nodeId=bccdc71d-b47a-44d9-
`9534-46d3d7ac69a5; see also https://www.uber.com/us/en/drive/contact/
`4 See https://help.uber.com/driving-and-delivering/section/book-an-in-person-
`appointment?nodeId=b7283a3d-1f70-48fb-a9e2-022766762104
`5 See e.g. https://www.howiuber.com/newyork
`6 Id.
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`6
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`12.
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`Uber drivers are employees and/or agents who carry out Uber’s business from its
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`Uber’s locations (e.g. their vehicles) in this District. Through its applications, Uber enters
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`transactions with its passengers, drivers, and other users. Upon information and belief, Uber
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`collects approximately a third of all payments for transportation and delivery services offered
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`through its applications.7
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`13.
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`Upon information and belief, there are over 900,000 Uber drivers in the United
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`States.8 Uber makes its transportation and delivery services available throughout this District
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`and maintains Uber drivers with their vehicles in this District at all times.9
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`14.
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`For example, Uber controls the terms on which its drivers do business through in
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`this District, both by exercising technical control of the Uber, Uber Freight, and Uber Eats
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`Applications, and by imposing extensive terms and conditions on its drivers.10
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`15.
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`For example, Uber contractually obligates its drivers to follow “Community
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`Guidelines,” and may deactivate the account of any driver who does not comply. The
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`Community Guidelines require that Uber’s drivers maintain clean vehicles, be respectful towards
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`Uber’s customers, and disclose the use of video or audio recording devices, among other
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`standards imposed by Uber.11 Uber further binds its drivers to follow its Firearms Prohibition
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`7 See https://www.marketwatch.com/story/this-is-how-much-uber-drivers-really-make-2018-05-
`15#:~:text=Uber%20drivers%20typically%20collect%20%2424.77%20per%20hour%20in%20p
`assenger%20fares.&text=From%20that%2C%20Uber%20takes%20%248.33,third%20of%20all
`%20passenger%20fares.&text=Vehicle%20expenses%20like%20gas%20and,into%20account%
`20their%20tax%20deductibility
`8 See https://www.theguardian.com/us-news/2019/mar/22/uber-lyft-ipo-drivers-unionize-low-
`pay-
`expenses#:~:text=According%20to%20Uber%2C%20there%20are,the%20expenses%20associat
`ed%20with%20driving
`9 See e.g. https://www.uber.com/global/en/cities/texarkana/
`10 See e.g. https://www.uber.com/legal/en/
`11 See https://www.uber.com/legal/en/document/?name=general-community-
`guidelines&country=united-states&lang=en
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`7
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`Policy,12 Non-Discrimination Policy,13 its Refund Policy,14 its mandatory face covering policy,15
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`its Service Animal Policy,16 and its Support Conduct Guidelines.17 Uber’s terms dictate when
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`and how its drivers are to provide services and provide Uber the sole authority to change its
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`policies at any time, and to terminate its drivers for virtually any reason.
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`16.
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`Uber also encourages drivers to mark their vehicles with Uber decals, “beacons,”
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`and other Uber “trade dress.”18 Uber provides light-up “beacons” as “an exclusive Uber Pro
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`Gift” to drivers in select cities, including in this District.19
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`17.
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`Uber compensates its drivers for following its policies both by enabling them to
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`collect payments through the Uber and Uber Eats Applications, and by providing certain
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`guaranteed minimum payments. For example, among other promotions, “if your guarantee offer
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`amount is $1,000 and you earn $800 in fares, an additional $100 in tips, and an additional $50 in
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`promotions (for a total of $950), you would receive an additional $200 because your fares didn’t
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`meet the guarantee offer amount.”20
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`12 https://www.uber.com/legal/en/document/?name=firearms-prohibition-
`policy&country=united-states&lang=en
`13 https://www.uber.com/legal/en/document/?name=non-discrimination-policy&country=united-
`states&lang=en
`14 https://www.uber.com/legal/en/document/?name=refund-policy&country=united-
`states&lang=en
`15 https://www.uber.com/blog/your-safety-during-the-new-normal/
`16 https://www.uber.com/legal/en/document/?name=service-animal-policy
`17 https://www.uber.com/legal/en/document/?name=support-conduct-guidelines
`18 See e.g. https://help.uber.com/driving-and-delivering/article/uber-decal-
`requirements?nodeId=421b14ed-0685-4188-9fa3-f2104e881c3f;
`https://ubersticker.hhglobal.com/
`19 https://www.uber.com/us/en/beacon/
`20 See https://www.uber.com/legal/en/document/?name=terms-and-conditions-of-guarantee-
`offers-for-current-drivers&country=united-states&lang=en
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`8
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 9 of 53 PageID #: 9
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`PATENTS-IN-SUIT
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`18.
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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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`19.
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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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`20.
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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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`21.
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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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`22.
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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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`9
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`FACTUAL ALLEGATIONS
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`23. 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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`24.
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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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`25.
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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.’s LifeRing product practices one or more of the
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`patents in the AGIS portfolio and AGIS, Inc. has marked its products accordingly. AGIS
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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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`10
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`26.
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`Uber has manufactured, used, marketed, distributed, sold, offered for sale, and
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`exported from and imported into the United States products and software that infringe the
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`Patents-in-Suit, e.g., the Uber, Uber Driver, Uber Eats, Uber Fleet, Uber Freight, Uber Eats
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`Orders, and Uber Eats Manger Applications and the related services and/or servers for the
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`applications (collectively, the “Accused Products”). The Accused Products infringe each of the
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`Asserted Patents.
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`27.
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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 and/or to
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`schedule a delivery. The Accused Products include functionalities to display map information,
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`including symbols corresponding with users (e.g. drivers and/or passengers), entities, and
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`locations. The Accused Products include functionalities to send a forced message alert to which
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`a required response must be transmitted, such as when a driver receives a request for a ride. The
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`Accused Products include functionalities to enable communications, such as voice calls between
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`users such as riders and drivers. The Accused Products practice the claims of the Asserted
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`Patents to improve rider and driver experiences and to improve Uber’s position in the market.
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`21 https://media.rideguru.com/uploads/driver-pickup-request.png
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`22 https://pageflows.com/media/videos/screenie_571b9f10-8912-43c0-949e-0f62eb0cb093.jpg
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`23
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`COUNT I
`(Infringement of the ’970 Patent)
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`28.
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`Paragraphs 1 through 27 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`29.
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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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`30.
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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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`23 https://1.bp.blogspot.com/-yfeCBIk7Yl4/XGPz-sZI-
`bI/AAAAAAAAGMQ/hkmLi7M4e7A8CB6iiGnBcAJCkWMvGxBgwCLcBGAs/s1600/uber-
`voip-call.jpg
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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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`31.
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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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`32.
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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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`33.
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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 Uber, Uber Driver, Uber Eats, Uber Fleet, Uber
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`Freight, Uber Eats Orders, and Uber Eats Manger Applications alone or in conjunction with
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`additional Accused Products (e.g. supporting hardware and software), in accordance with
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`Defendant’s instructions and thereby directly infringe at least claim 10 of the ’970 Patent in
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`violation of 35 U.S.C. § 271. For example, Uber directly and/or indirectly intentionally instructs
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`its customers to infringe through training videos, demonstrations, brochures, installations and/or
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`15
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`user guides, such as those located at one or more of the following:
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`https://www.uber.com/us/en/drive/basics/?city=dallas; https://help.uber.com/riders/section/a-
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`guide-to-uber?nodeId=5a9e5cd6-88f4-4597-b29a-4feb67d407c2; and Uber agents and
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`representatives located within this Judicial District. Defendant is thereby also liable for
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`infringement of the ’970 Patent under 35 U.S.C. § 271(b).
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`34.
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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 Uber 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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`35.
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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 a voice or text message and a forced
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`message alert application software packet, which triggers the activation of the forced message
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`alert software application program within the recipient PDA/cell phone. For example, the Uber
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`Driver Application receives an electronically transmitted request for a ride which triggers a
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`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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`24
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`36.
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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 Uber 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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`24 https://media.rideguru.com/uploads/driver-pickup-request.png
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`17
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`37.
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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 Uber Driver Application requires
`
`tapping to accept or dismiss a ride request to release control of the recipient cell phone.
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`38.
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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 Uber Application displays a driver’s response when a request for a ride
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`is accepted.
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`39.
`
`Defendant has had knowledge and notice of the ’970 Patent at least as of the filing
`
`of the Complaint.
`
`40.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’970 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Defendant’s customers and end-users, in this District and elsewhere in the United
`
`States. For example, Defendant’s customers and end-users directly infringe, either literally or
`
`under the doctrine of equivalents, through their use of the inventions claimed in the ’970 Patent.
`
`Defendant induces this direct infringement through its affirmative acts of manufacturing, selling,
`
`distributing, and/or otherwise making available the Accused Products, and providing
`
`instructions, documentation, and other information to customers and end-users suggesting that
`
`they use the Accused Products in an infringing manner, including technical support, marketing,
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`18
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 19 of 53 PageID #: 19
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`product manuals, advertisements, and online documentation. Because of Defendant’s
`
`inducement, Defendant’s customers and end-users use Accused Products in a way Defendant
`
`intends and directly infringe the ’970 Patent. Defendant performs these affirmative acts with
`
`knowledge of the ’970 Patent and with the intent, or willful blindness, that the induced acts
`
`directly infringe the ’970 Patent.
`
`41.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’970 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, in this District and elsewhere in the
`
`United States. Defendant’s affirmative acts of selling and offering to sell the Accused Products
`
`in this District and elsewhere in the United States and causing the Accused Products to be
`
`manufactured, used, sold, and offered for sale contributes to others’ use and manufacture of the
`
`Accused Products such that the ’970 Patent is directly infringed by others. The accused
`
`components within the Accused Products are material to the invention of the ’970 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
`
`known by Defendant to be especially made or adapted for use in the infringement of the ’970
`
`Patent. Defendant performs these affirmative acts with knowledge of the ’970 Patent and with
`
`intent, or willful blindness, that they cause the direct infringement of the ’970 Patent.
`
`42.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and
`
`indirect infringement of the ’970 Patent in an amount to be proved at trial.
`
`43.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendant’s infringement of the ’970 Patent for which there is no adequate remedy at
`
`law, unless Defendant’s infringement is enjoined by this Court.
`
`19
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 20 of 53 PageID #: 20
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`COUNT II
`(Infringement of the ’724 Patent)
`
`44.
`
`Paragraphs 1 through 27 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`45.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’724 Patent.
`
`46.
`
`Defendant infringes, contributes to the infringement of, and/or induces
`
`infringement of the ’724 Patent by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States products and/or methods covered by one
`
`or more claims of the ’724 Patent including, but not limited to, the Accused Products.
`
`47.
`
`Defendant has and continues to directly infringe at least claim 9 of the ’724
`
`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
`
`sale, distributing, exporting from, and/or importing into the United States the Accused Products
`
`without authority and in violation of 35 U.S.C. § 271(a).
`
`48.
`
`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, selling, offering for sale,
`
`distributing, exporting from, 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 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 intentionally induce direct infringement of the ’724 Patent in violation of 35
`
`U.S.C. § 271(b).
`
`20
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 21 of 53 PageID #: 21
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`49.
`
`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 Uber, Uber Driver, Uber Eats, Uber Fleet, Uber
`
`Freight, Uber Eats Orders, and Uber Eats Manger 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 ’724 Patent in
`
`violation of 35 U.S.C. § 271. For example, Uber directly and/or indirectly 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.uber.com/us/en/drive/basics/?city=dallas; https://help.uber.com/riders/section/a-
`
`guide-to-uber?nodeId=5a9e5cd6-88f4-4597-b29a-4feb67d407c2; and Uber 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).
`
`50.
`
`Defendant directly and/or indirectly infringes by practicing a method for
`
`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
`
`interact message transmitter and receiver and a touch screen display comprising: accessing a
`
`database in each cell phone that includes a geographical map of a predetermined area for user
`
`viewing on the touch screen display; accessing an application program in each cell phone for
`
`generating one or more symbols representative of one or more participating users, each of whom
`
`have a similarly equipped cellular phone; accessing a database in each cell phone that includes
`
`cellular telephone numbers of each of the participating users having similarly equipped cellular
`
`phones, said database including the generation of one or more symbols associated with a
`
`21
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 22 of 53 PageID #: 22
`
`particular participating user; calling a participating user by touching the symbol on the map
`
`display and touching a call switch; connecting each of the cell phones to an internet connection;
`
`and exchanging IP addresses using SMS or other digital message format between and among
`
`each of the network participant users so that communications between participants is established
`
`via IP or transmission of a network participant’s IP address to a server which then transmits data
`
`to other network participants using the IP address previously.
`
`51.
`
`For example, the Uber Application runs on smart phones which include
`
`navigation systems and provides a touch screen interface with a geographic map that allows
`
`users (e.g. riders) to call other users (e.g. drivers) by touching a symbol on the map display, as
`
`depicted below. For example, the Uber and/or Uber Driver Applications connect cell phones to
`
`an internet connection and exchange IP addresses during a call.
`
`22
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 23 of 53 PageID #: 23
`
`25
`
`52.
`
`For example, the Uber, Uber Driver, and Uber Eats Applications run smart
`
`phones which include voice communication, free and operator selected text messages,
`
`photograph and video, a CPU, a GPS navigation system, and a touch screen display.
`
`53.
`
`For example, the Uber, Uber Driver, and Uber Eats Applications enable
`
`generating one or more symbols on a touch screen display, such as vehicle symbols
`
`
`25 https://www.google.com/url?sa=i&url=https%3A%2F%2Fwww.businessinsider.com%2Fhow-
`to-contact-uber-
`driver&psig=AOvVaw2XA6rxfnh1RqVOK3xxmPim&ust=1611433798461000&source=images
`&cd=vfe&ved=0CAIQjRxqFwoTCNCd2eywsO4CFQAAAAAdAAAAABAD
`
`23
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`Case 2:21-cv-00026-JRG Document 1 Filed 01/29/21 Page 24 of 53 PageID #: 24
`
`corresponding with the location of a