Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 1 of 88 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Case No.
`
`Plaintiff,
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`JURY TRIAL DEMANDED
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
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`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`Defendants.
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendants T-Mobile USA, Inc. and T-Mobile US, Inc. (collectively,
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`“T-Mobile” or “Defendants”) for patent infringement under 35 U.S.C. § 271 and alleges as
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`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
`
`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and
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`to U.S. Patent Nos. 7,031,728, 7,630,724, 9,408,055, 9,445,251, 9,467,838, and 9,749,829 (the
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`“Patents-in-Suit”).
`
`2.
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`Defendants T-Mobile, USA, Inc. is a Washington corporation and maintains its
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`principal place of business at 12920 SE 38th Street, Bellevue, Washington 98006 and may be
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`served with process via its registered agent, Corporation Service Company at 211 E. 7th Street,
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`Suite 620, Austin, Texas 78701. Upon information and belief, T-Mobile USA, Inc. does
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 2 of 88 PageID #: 2
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`business in Texas, directly or through intermediaries, and offers its products and/or services,
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`including those accused herein of infringement, to customers and potential customers located in
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`Texas, including in the judicial Eastern District of Texas.
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`3.
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`Defendants T-Mobile US, Inc. is a Delaware corporation with its principal place
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`of business as 12920 SE 38th Street, Bellevue, Washington 98006. T-Mobile US, Inc. is the
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`parent corporation of T-Mobile USA, Inc. and was formerly known as MetroPCS
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`Communications, Inc. T-Mobile US, Inc. was formed in 2013 through the business combination
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`between T-Mobile USA and MetroPCS Communications, Inc.1 Upon information and belief, T-
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`Mobile US, Inc. may be served with process through Corporation Service Company at 211 E. 7th
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`Street Suite 620, Austin, Texas, 78701. Upon information and belief, T-Mobile US, Inc. does
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`business in Texas, directly or through intermediaries, and offers its products and/or services,
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`including those accused herein of infringement, to customers and potential customers located in
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`Texas, including in the judicial Eastern District of Texas.
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`JURISDICTION AND VENUE
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`4.
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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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`5.
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`This Court has personal jurisdiction over T-Mobile in this action because T-
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`Mobile has committed acts within the Eastern District of Texas giving rise to this action and has
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`established minimum contacts with this forum such that the exercise of jurisdiction over T-
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`Mobile would not offend traditional notions of fair play and substantial justice. T-Mobile
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`
`
`1
`https://www.sec.gov/Archives/edgar/data/1283699/000128369915000010/tmus12312014form10
`-k.htm
`
`2
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 3 of 88 PageID #: 3
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`conducts business and has committed acts of patent infringement and/or has induced acts of
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`patent infringement by others in this Judicial District and/or has contributed to patent
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`infringement by others in this Judicial District, the State of Texas, and elsewhere in the United
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`States by, among other things, offering to sell and selling products and/or services that infringe
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`the Patents-in-Suit.
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`6.
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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). T-Mobile is registered to do business in Texas, and, upon information and belief, T-
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`Mobile has transacted business in the Eastern District of Texas and has committed acts of direct
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`and indirect infringement in the Eastern District of Texas. T-Mobile US, Inc. maintains a
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`corporate office at 2250 Lakeside Boulevard, Richardson, Texas 75082 and T-Mobile USA, Inc.
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`maintains a Network Operations Center at 7668 Warren Parkway, Frisco, Texas 75034, both of
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`which are located within this Judicial District. T-Mobile also has regular and established places
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`of business in this Judicial District, including at least its retail stores located at 900 East End
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`Boulevard N, #100B, Marshall, TX 75670; 1806 East End Boulevard N, Suite 100, Marshall, TX
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`75670; 222 East End Boulevard S, Apt. C Suite C, Marshall, TX 75670; 1209 E. Marshall
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`Avenue, Longview, TX 75601; 2108 Gilmer Road., Longview, TX 75604; 530 E. Loop 281,
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`Suite #101, Longview, TX 75605; 1110 East Parker Road, Suite C, Plano, TX 75074; 3131
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`Custer Road, Suite #125, Plano, TX 75075; 2408 Preston Road, Suite 704B, Plano, TX 75093;
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`7000 Independence Parkway, Suite 168, Plano, TX 75025; 5976 W. Parker Road, Suite 304,
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`Plano, TX 75093; 601 W. 15th Street, Suite 102, Plano, TX 75075; 5800 S. Legacy Drive, Suite
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`C-9, Plano, TX 75024; 3311 Preston Road, Ste 6, Frisco, TX 75034; 2601 Preston Road, Space
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`#2200, Frisco, TX 75034; 8910 TX-121, Suite 200, McKinney, TX 75070; 1332 South Plano
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`Road, #114, Richardson, TX 75081; 524 W. Belt Line Road, #15, Richardson, TX 75080; 2004
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`3
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 4 of 88 PageID #: 4
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`St. Michael Drive, Texarkana, TX 75503; 2700 Richmond Road, Texarkana, TX 75503; 3741
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`Mall Drive, Texarkana, TX 75501; and 2808 New Boston Road, Suite D, Texarkana, TX 75501.
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`PATENTS-IN-SUIT
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`7.
`
`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 A.
`
`8.
`
`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 B.
`
`9.
`
`On August 2, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
`
`Patent is attached hereto as Exhibit C.
`
`10.
`
`On September 13, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’251
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`Patent is attached hereto as Exhibit D.
`
`11.
`
`On October 11, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,467,838 (the “’838 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’838
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`Patent is attached hereto as Exhibit E.
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`4
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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 5 of 88 PageID #: 5
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`12.
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`On August 29, 2017, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’829
`
`Patent is attached hereto as Exhibit F.
`
`FACTUAL ALLEGATIONS
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`13. 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
`
`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.
`
`14.
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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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`15.
`
`AGIS Software licenses its patent portfolio, including the ’724, ’728, ’055, ’251,
`
`’838, and ’829 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS
`
`5
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 6 of 88 PageID #: 6
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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).
`
`16.
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`T-Mobile 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., including at least the T-Mobile Family Mode application and systems,2 T-
`
`Mobile FamilyWhere application and systems,3 and T-Mobile Fleet Management Solutions,4
`
`including all related services and infrastructures (e.g., servers) (collectively, the “Accused
`
`Products”).5
`
`17.
`
`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. The Accused Products include the
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`functionalities to display map information, including symbols corresponding with users, entities,
`
`and locations. Additionally, the Accused Products include functionalities to form groups that
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`include their own devices in order to track, remotely control, and/or communicate with other
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`users’ devices. The Accused Products include functionalities to enable communications, such as
`
`voice calls between users. The Accused Products practice the claims of the Asserted Patents to
`
`improve user experiences and to improve T-Mobile’s position in the market.
`
`
`
`2 See
`https://play.google.com/store/apps/details?id=com.tmobile.familycontrols&hl=en_US&gl=US;
`https://apps.apple.com/us/app/t-mobile-familymode/id1348097043
`3 See
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S
`4 https://www.t-mobile.com/business/solutions/fleet-management-solutions#Benefits
`5 https://www.t-mobile.com/support/plans-features/familymode; https://www.t-
`mobile.com/support/plans-features/t-mobile-familywhere-app
`
`6
`
`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 7 of 88 PageID #: 7
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`18.
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`For example, the T-Mobile Family Mode (“Family Mode”) and T-Mobile
`
`FamilyWhere (“FamilyWhere”) Applications enable family member devices to form location
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`sharing groups. Family Mode and FamilyWhere include a map on each device’s display (e.g. a
`
`touchscreen display) and generate symbols corresponding with the locations of family member
`
`devices, as shown below. Family members may call, message, and communicate with other
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`family member devices. Family member devices may further remotely control one another, such
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`as by limiting access to certain websites, to block communication with certain contacts, to pause
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`internet access, and/or to cause a device to report its location at regular intervals. Family
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`member devices may be added or invited to a group based on a link sent via email and/or SMS.
`
`6
`
`
`6 https://www.t-mobile.com/support/public-files/images/support-non-device/FamilyModeUser-
`Manual-Final.pdf
`
`7
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 8 of 88 PageID #: 8
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`7
`
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`7 https://www.t-mobile.com/support/public-files/images/support-non-device/FamilyModeUser-
`Manual-Final.pdf
`
`8
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 9 of 88 PageID #: 9
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`8
`
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`8 https://www.t-mobile.com/support/public-files/images/support-non-device/FamilyModeUser-
`Manual-Final.pdf
`
`9
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 10 of 88 PageID #: 10
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`9
`
`10
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`9 https://play.google.com/store/apps/details?id=com.tmobile.familycontrols&hl=en_US&gl=US
`10 https://apps.apple.com/us/app/t-mobile-familymode/id1348097043#?platform=iphone
`
`10
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 11 of 88 PageID #: 11
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`11
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`19.
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`Family Mode and FamilyWhere can be installed on users’ smartphones and/or
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`tablets via Google Play and the Apple App store.12 There is no limit to the number of users (e.g.
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`employees) that can be tracked.13 Upon information and belief, Family Mode and FamilyWhere
`
`transmit voice data via internet protocol.
`
`20.
`
`Family Mode and FamilyWhere further comprise an interactive display, and
`
`present symbols corresponding with the locations of other user devices (e.g., family members). 14
`
`Upon information and belief, Family Mode and FamilyWhere use both device and server-based
`
`
`
`11
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S
`12 https://play.google.com/store/apps/details?id=com.tmobile.familycontrols&hl=en_US&gl=US;
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S; https://apps.apple.com/us/app/t-mobile-familymode/id1348097043
`13 https://www.t-mobile.com/support/public-files/images/support-non-device/FamilyModeUser-
`Manual-Final.pdf
`14 See e.g. id.
`
`11
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 12 of 88 PageID #: 12
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`databases for location data corresponding with displayed symbols. Upon information and belief,
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`Family Mode and FamilyWhere further comprise distinct servers for map data (e.g. tile data) and
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`for location data (e.g. longitude and latitude of family member devices).
`
`21.
`
`For example, T-Mobile Fleet Management Solutions allows users to view the
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`location of any tracked user or vehicle (e.g. with a GPS tracking system) every second or every
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`fifteen seconds.15 Users may view a map which generates symbols corresponding with the
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`location of tracked users or vehicles, and may receive SMS alerts and/or email notifications for
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`violation events.16 T-Mobile Fleet Management Solutions may be accessed via a mobile device,
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`including through an application and/or web portal.17 Users may further create new map
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`symbols (e.g., designated areas) which may remotely control vehicles that enter the area (e.g., to
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`report a status). T-Mobile Fleet Management Solutions further comprises an application on a
`
`mobile device and/or tablet of a tracked user or vehicle.18
`
`
`15 https://www.t-mobile.com/business/solutions/fleet-management-
`solutions#What%20is%20fleet%20management?;
`https://docs.google.com/document/d/1nf6ecjyLqE9nFFIjxK6sbO3RLo4Oy-
`5Xfjag0W0gYcE/edit#heading=h.xpz8258sgdrl
`16 https://www.t-mobile.com/business/resources/geotab-fleet-tracking-system-training
`17 https://docs.google.com/document/d/14GNbMq_ZKSUpkmSdJ8ws-
`DyO4P_HmTYOIu3k52f7KKY/edit#heading=h.2m3lq1tf5pe1
`18 https://www.t-mobile.com/business/cell-phones; https://www.t-mobile.com/business/tablets;
`https://www.t-mobile.com/business/solutions/fleet-management-solutions
`
`12
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 13 of 88 PageID #: 13
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`COUNT I
`(Infringement of the ’055 Patent)
`
`19
`
`22.
`
`Paragraphs 1 through 21 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`23.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’055 Patent.
`
`24.
`
`Defendants infringe, contribute to the infringement of, and/or induce infringement
`
`of the ’055 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 ’055 Patent including, but not limited to, the Accused Products.
`
`
`19 https://docs.google.com/document/d/1nf6ecjyLqE9nFFIjxK6sbO3RLo4Oy-
`5Xfjag0W0gYcE/edit#heading=h.pbxw8ltv0yrc
`
`13
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 14 of 88 PageID #: 14
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`25.
`
`Defendants have and continue to directly infringe at least claim 8 of the ’055
`
`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).
`
`26.
`
`Defendants have and continue to indirectly infringe at least claim 8 of the ’055
`
`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 ’055 Patent. For
`
`example, Defendants, with knowledge that the Accused Products infringe the ’055 Patent at least
`
`as of the date of this Complaint, actively, knowingly, and intentionally induced, and continue to
`
`knowingly and intentionally induce direct infringement of the ’055 Patent in violation of 35
`
`U.S.C. § 271(b).
`
`27.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 8 of the ’055 Patent in the United States because Defendants’ customers
`
`use the Accused Products, including at least T-Mobile Family Mode, T-Mobile FamilyWhere,
`
`and T-Mobile Fleet Management Solutions, alone and in conjunction with additional Accused
`
`Products and/or services, in accordance with Defendants’ instructions and thereby directly
`
`infringe at least claim 8 of the ’055 Patent in violation of 35 U.S.C. § 271. Defendants directly
`
`and/or indirectly intentionally instruct their 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.t-mobile.com/support/plans-features/familymode-app;
`
`https://www.t-mobile.com/support/plans-features/familymode; https://www.t-
`
`14
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 15 of 88 PageID #: 15
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`mobile.com/support/plans-features/t-mobile-familywhere-app; https://www.t-
`
`mobile.com/business/solutions/fleet-management-solutions#Benefits;
`
`https://docs.google.com/document/d/14GNbMq_ZKSUpkmSdJ8ws-
`
`DyO4P_HmTYOIu3k52f7KKY/edit#heading=h.qty8lmn1pav6;
`
`https://docs.google.com/document/d/1nf6ecjyLqE9nFFIjxK6sbO3RLo4Oy-
`
`5Xfjag0W0gYcE/edit#heading=h.qj85zo5r9cc;
`
`https://storage.googleapis.com/geotab_wfm_production_cms_storage/CMS-GeneralFiles-
`
`production/NA/GO_devices/[PUBLIC]Geotab-GO9-Brochure(web).pdf%20[PUBLIC].pdf;
`
`https://www.t-mobile.com/business/resources/geotab-fleet-tracking-system-
`
`traininghttps://www.t-mobile.com/support/public-files/images/support-non-
`
`device/FamilyModeUser-Manual-Final.pdf; https://www.youtube.com/watch?v=7PG3a0Y08rE;
`
`https://www.youtube.com/watch?v=k7BqbvOSH_s; https://www.youtube.com/watch?v=8abLv-
`
`8pHRQ; and T-Mobile agents and representatives located within this Judicial District.
`
`Defendants are thereby liable for infringement of the ’055 Patent under 35 U.S.C. § 271(b).
`
`28.
`
`Defendants have directly and indirectly infringed at least claim 8 of the ’055
`
`Patent by practicing a method comprising performing by a first device: obtaining contact
`
`information of a plurality of second devices, wherein the contact information comprises
`
`respective telephone numbers of the second devices; facilitating initiation of Internet Protocol
`
`(IP) based communication between the first device and the respective second devices by using
`
`respective telephone numbers to send, from the first device to the second devices, respective
`
`Short Message Service (SMS) messages including a telephone number of the first device and
`
`information usable by the respective second device to send IP-based communication to the first
`
`device; receiving respective IP-based responses to the SMS messages, wherein the IP-based
`
`15
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 16 of 88 PageID #: 16
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`responses to the SMS messages include location information of the respective second devices;
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`transmitting IP-based messages including a location of the first device to the respective second
`
`devices; presenting, via an interactive display of the first device, an interactive map and a
`
`plurality of user selectable symbols corresponding to the plurality of second devices, wherein the
`
`symbols are positioned on the map at respective positions corresponding to the respective
`
`locations of the second devices; identifying user interaction with the interactive display selecting
`
`one or more of the user-selectable symbols corresponding to one or more of the second devices
`
`and user interaction with the display specifying an action and, based thereon, sending data to the
`
`one or more second devices; receiving user input via user interaction with the interactive display
`
`of the first device, the user input specifying a location and a symbol corresponding to an entity
`
`other than the first device and the second devices; based on the user input, adding the user-
`
`specified symbol to the interactive display at a position on the interactive map corresponding to
`
`the user-specified location, and transmitting the user-specified symbol and location to the second
`
`devices for addition of the user-specified symbol to respective interactive displays of the second
`
`devices at respective positions on respective interactive maps corresponding to the user-specified
`
`location; wherein the first device is a cellular phone or a personal digital assistant (PDA).
`
`29.
`
`For example, Family Mode and FamilyWhere allow users to share their locations
`
`and view other users’ locations on a map and to communicate with those users via the
`
`application (as shown below) which controls the SMS messaging functionality of a device on
`
`which it is installed.
`
`30.
`
`For example, Family Mode and FamilyWhere allow users to establish groups (e.g.
`
`of family members), and to exchange messages and calls via SMS, and/or via interaction with T-
`
`Mobile’s servers.
`
`16
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 17 of 88 PageID #: 17
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`20
`
`21
`
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`20 https://play.google.com/store/apps/details?id=com.tmobile.familycontrols&hl=en_US&gl=US
`21 https://apps.apple.com/us/app/t-mobile-familymode/id1348097043#?platform=iphone
`
`17
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`

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`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 18 of 88 PageID #: 18
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`22
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`31.
`
`For example, Family Mode and FamilyWhere enables users to retrieve map
`
`information from multiple sources, including symbols corresponding with other group members.
`
`32.
`
`For example, Family Mode and FamilyWhere, and devices on which the
`
`applications are installed, are programmed to obtain contact information from other users’
`
`devices, including phone numbers.
`
`33.
`
`For example, Family Mode and FamilyWhere are programmed to facilitate the
`
`initiation of Internet Protocol (IP) based communication between devices with SMS messages
`
`and other text messages, such as by inviting another family member to a group via SMS.
`
`34.
`
`For example, the Family Mode and FamilyWhere are programmed to receive and
`
`provide location information presented on a map displayed on a mobile device (or another user’s
`
`
`
`22
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S
`
`18
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 19 of 88 PageID #: 19
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`mobile device), the map including a plurality of user-selectable symbols corresponding to other
`
`devices, positioned according to the locations of those other devices.
`
`
`
`23
`
`
`23 https://play.google.com/store/apps/details?id=com.tmobile.familycontrols&hl=en_US&gl=US
`
`19
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 20 of 88 PageID #: 20
`
`24
`
`25
`
`
`24 https://apps.apple.com/us/app/t-mobile-familymode/id1348097043#?platform=iphone
`25
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S
`
`20
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 21 of 88 PageID #: 21
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`35.
`
`For example, Family Mode and FamilyWhere are further programmed to permit
`
`interaction with the display where a user may select one or more symbols, and where the
`
`exemplary Accused Products further permit data to be sent to other devices based on that
`
`interaction. The exemplary Accused Products are further programmed to permit users to specify
`
`additional locations and to communicate those user-specified locations to other users via symbols
`
`on an interactive display, as depicted below.
`
`26
`
`
`26 https://apps.apple.com/us/app/t-mobile-familymode/id1348097043#?platform=iphone
`
`21
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 22 of 88 PageID #: 22
`
`27
`
`28
`
`
`
`27
`https://play.google.com/store/apps/details?id=com.wavemarket.finder.mobile&hl=en_US&gl=U
`S
`28 https://www.t-mobile.com/support/plans-features/t-mobile-familywhere-app
`
`22
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 23 of 88 PageID #: 23
`
`36.
`
`For example, Family Mode further includes functionality for sharing data on
`
`battery levels between users.
`
`29
`
`37.
`
`Accused Products, such as T-Mobile Fleet Management Solutions, further include
`
`similar features and functionality to Family Mode and FamilyWhere and infringe in a
`
`substantially similar manner.30
`
`38.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’055 Patent in an amount to be proved at trial.
`
`39.
`
`Defendants have had knowledge and notice of the ’055 Patent at least as of the
`
`filing of the Complaint.
`
`40.
`
`Defendants have indirectly infringed and continue to indirectly infringe one or
`
`more claims of the ’055 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Defendants’ customers and end-users, in this District and elsewhere in the United
`
`
`29 https://www.t-mobile.com/support/public-files/images/support-non-device/FamilyModeUser-
`Manual-Final.pdf
`30 https://www.t-mobile.com/business/solutions/fleet-management-solutions; https://www.t-
`mobile.com/support/devices/mobile-internet/syncup-and-internet-of-things/geotab-fleet-
`administration; https://docs.google.com/document/d/1nf6ecjyLqE9nFFIjxK6sbO3RLo4Oy-
`5Xfjag0W0gYcE/edit#heading=h.qj85zo5r9cc;
`https://docs.google.com/document/d/14GNbMq_ZKSUpkmSdJ8ws-
`DyO4P_HmTYOIu3k52f7KKY/edit#heading=h.qty8lmn1pav6;
`https://storage.googleapis.com/geotab_wfm_production_cms_storage/CMS-GeneralFiles-
`production/NA/GO_devices/[PUBLIC]Geotab-GO9-Brochure(web).pdf%20[PUBLIC].pdf;
`https://www.t-mobile.com/business/resources/geotab-fleet-tracking-system-training
`
`23
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 24 of 88 PageID #: 24
`
`States. For example, Defendants’ customers and end-users directly infringe, either literally or
`
`under the doctrine of equivalents, through their use of the inventions claimed in the ’055 Patent.
`
`Defendants induce this direct infringement through their 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,
`
`product manuals, advertisements, and online documentation. Because of Defendants’
`
`inducement, Defendants’ customers and end-users use Accused Products in a way Defendants
`
`intend and directly infringe the ’055 Patent. Defendants perform these affirmative acts with
`
`knowledge of the ’055 Patent and with the intent, or willful blindness, that the induced acts
`
`directly infringe the ’055 Patent.
`
`41.
`
`Defendants have indirectly infringed and continue to indirectly infringe one or
`
`more claims of the ’055 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. Defendants’ 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 ’055 Patent is directly infringed by others. The accused
`
`components within the Accused Products are material to the invention of the ’055 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
`
`known by Defendants to be especially made or adapted for use in the infringement of the ’055
`
`Patent. Defendants perform these affirmative acts with knowledge of the ’055 Patent and with
`
`intent, or willful blindness, that they cause the direct infringement of the ’055 Patent.
`
`24
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`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 25 of 88 PageID #: 25
`
`42.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’055 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`43.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’055 Patent. Defendants’
`
`infringement of the ’055 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`COUNT II
`(Infringement of the ’251 Patent)
`
`44.
`
`Paragraphs 1 through 21 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`45.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any products that embody the inventions of the ’251 Patent.
`
`46.
`
`Defendants infringe, contribute to the infringement of, and/or induce infringement
`
`of the ’251 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 ’251 Patent including, but not limited to, the Accused Products.
`
`47.
`
`Defendants have and continue to directly infringe at least claim 24 of the ’251
`
`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.
`
`Defendants have and continue to indirectly infringe at least claim 24 of the ’251
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`25
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 1 Filed 03/03/21 Page 26 of 88 PageID #: 26
`
`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 ’