Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 1 of 35 PageID #:
`7275
`
`Exhibit B
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 2 of 35 PageID #:
`7276
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`
`Based on information presently available, AGIS Software Development LLC (“AGIS”) contends that Defendant Lyft Inc.
`
`(collectively “Lyft” or “Defendant”) infringes claims 1-26 (the “Asserted Claims”) of U.S. Patent No. 10,341,838 (the “’838 Patent”)
`through the Accused Products which are manufactured, sold, offered for sale, and/or used by Lyft.
`
`The Accused Products comprise all versions of the Lyft Application made, used, sold, offered for sale, or otherwise provided,
`
`after September 21, 2004. For example, the Accused Products comprise the Lyft application installed on all Android, iOS, Blackberry,
`and Windows Mobile based mobile devices (e.g. smartphones, tablets, laptops, and smart watches), and any variants thereof. AGIS
`reserves the right to amend this list of Accused Products as discovery progresses.
`
`Lyft directly infringes each of the Asserted Claims by using, importing, testing, selling, and/or offering for sale the Accused
`
`Products in violation of 35 U.S.C. § 271(a).
`
`Lyft indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including its users
`
`and/or customers, to directly infringe through their operation and use of the Accused Products. Lyft has knowingly and intentionally
`induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing the Accused Products to third parties with
`the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Lyft’s marketing and promotional materials for the Accused Products are found, for example, on
`Lyft’s website, and in App stores of operating systems for which the Accused Products are made available. For example, Lyft’s website
`offers customers instructions and/or manuals for the Accused Products that instruct customers to, among other things, use the accused
`services in the Accused Products. Lyft’s website also offers support to customers, including instruction to, among other things, use the
`Accused Products share location information with a group of users. On information and belief, Lyft knows that its actions will result in
`infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement
`of the Asserted Claims but has taken deliberate actions to avoid learning these facts.
`
`Lyft also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, offering
`
`for sale, and otherwise providing the Accused Products, which when used directly infringe the Asserted Claims. The Accused Products
`constitute a material part of the Asserted Claims.
`
`On information and belief, the charted version of the Lyft application is representative of all versions of the Accused Products,
`
`including all variants of the Accused Products made, sold, offered for sale, or used on any version of the Android, iOS, Blackberry, and
`Windows Mobile operating systems.
`
`
`
`A-1
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 3 of 35 PageID #:
`7277
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`
`AGIS does not concede that any claims of the ʼ838 Patent that are not listed below are not infringed by the identified Accused
`
`Products. Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way
`foreclose AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These
`contentions are preliminary in nature, and an analysis of Lyft’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, AGIS reserves
`the right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Lyft, including, but not limited to,
`positions on claim construction,1 invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`
`
`The contents of each claim cell below on which another claim cell depends are expressly incorporated by reference in that
`dependent cell, as if set forth in their entirety therein.
`
`
`1 The construction of claim terms herein is consistent with the constructions in AGIS Software Dev. LLC v. Huawei Device USA, Inc.,
`No. 2:17-cv-00513-JRG, Dkt. No. 205 (Lead Case) (E.D. Tex. Oct. 10, 2018) and AGIS Software Dev. LLC v. Google LLC, No. 2:19-
`cv-00361-JRG, Dkt. No. 147 (Lead Case) (E.D. Tex. Dec. 20, 2020). AGIS reserves the right to update its constructions and
`contentions in view of this Court’s claim construction order.
`
`
`
`A-2
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 4 of 35 PageID #:
`7278
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Claim
`10,341,838
`1[P]. A method
`performed
`by
`one or more
`servers
`each
`having one or
`more
`processors,
`method
`comprising:
`
`the
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`The Lyft Accused Products perform the computer implemented method as set forth below. Lyft further infringes
`directly and/or indirectly by performing, inducing others to perform, and/or contributing to the performance of: a
`method performed by one or more servers each having one or more processors
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, Lyft provides the Lyft app for passengers and the Lyft Driver app for drivers. The Lyft apps for
`riders and drivers, in conjunction with Lyft’s servers and services, provide users with interactive methods to
`request, view, and track locations of passengers/riders using real-time maps and communications. Lyft provides
`one or more servers with processors (either hardware or software). The Lyft server(s) and their services
`communicate with the Lyft apps for riders and drivers. The Lyft server(s) and their services host information
`related to and instructions for processing user/device/vehicle accounts, location data, and map data.
`
` https://help.lyft.com/hc/en-ca/articles/115013079208-Lyft-Driver-app
`
`
` https://www.lyft.com/drive-with-lyft
`
`A-3
`
`
`
`
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 5 of 35 PageID #:
`7279
`Exhibit A for US Patent No. 10,341,838 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Accused Products
`
`
`
`
`
`Claim
`10,341,838
`
` https://www.lyft.com/hub/posts/how-to-give-a-ride
`
`
`
`
`
`
`A-4
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 6 of 35 PageID #:
`7280
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`
`Based on information presently available, AGIS Software Development LLC (“AGIS”) contends that Defendant Lyft
`
`Technologies Inc. (collectively “Lyft” or “Defendant”) infringes claims 9, 12-16 (the “Asserted Claims”) of U.S. Patent No. 7,630,724
`(the “’724 Patent”) through the Accused Products, Services which are manufactured, sold, offered for sale, and/or used by Lyft.
`
`The Accused Products comprise all versions of the Lyft Application made, used, sold, offered for sale, or otherwise provided,
`
`after September 21, 2004. For example, the Accused Products comprise the Lyft application installed on all Android, iOS, Blackberry,
`and Windows Mobile based mobile devices (e.g. smartphones, tablets, laptops, and smart watches), and any variants thereof. AGIS
`reserves the right to amend this list of Accused Products as discovery progresses.
`
`Lyft directly infringes each of the Asserted Claims by using, importing, testing, selling, and/or offering for sale the Accused
`
`Products in violation of 35 U.S.C. § 271(a).
`
`Lyft indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including its users
`
`and/or customers, to directly infringe through their operation and use of the Accused Products. Lyft has knowingly and intentionally
`induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing the Accused Products to third parties with
`the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Lyft’s marketing and promotional materials for the Accused Products are found, for example, on
`Lyft’s website, and in App stores of operating systems for which the Accused Products are made available. For example, Lyft’s website
`offers customers instructions and/or manuals for the Accused Products that instruct customers to, among other things, use the accused
`services in the Accused Products. Lyft’s website also offers support to customers, including instruction to, among other things, use the
`Accused Products share location information with a group of users. On information and belief, Lyft knows that its actions will result in
`infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement
`of the Asserted Claims but has taken deliberate actions to avoid learning these facts.
`
`Lyft also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, offering
`
`for sale, and otherwise providing the Accused Products, which when used directly infringe the Asserted Claims. The Accused Products
`constitute a material part of the Asserted Claims.
`
`On information and belief, the charted version of the Lyft application is representative of all versions of the Accused Products,
`
`including all variants of the Accused Products made, sold, offered for sale, or used on any version of the Android, iOS, Blackberry, and
`Windows Mobile operating systems.
`
`
`
`B-1
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 7 of 35 PageID #:
`7281
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`
`AGIS does not concede that any claims of the ʼ724 Patent that are not listed below are not infringed by the identified Accused
`
`Products. Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way
`foreclose AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These
`contentions are preliminary in nature, and an analysis of Lyft’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, AGIS reserves
`the right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Lyft, including, but not limited to,
`positions on claim construction,1 invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`The contents of every below claim cell on which another claim cell depends are expressly incorporated by reference in that
`dependent cell, as if set forth in their entirety therein.
`
`
`1 The construction of claim terms herein is consistent with the constructions in AGIS Software Dev. LLC v. Huawei Device USA, Inc.,
`No. 2:17-cv-00513-JRG, Dkt. No. 205 (Lead Case) (E.D. Tex. Oct. 10, 2018) and AGIS Software Dev. LLC v. Google LLC, No. 2:19-
`cv-00361-JRG, Dkt. No. 147 (Lead Case) (E.D. Tex. Dec. 20, 2020). AGIS reserves the right to update its constructions and
`contentions in view of this Court’s claim construction order.
`
`
`
`B-2
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 8 of 35 PageID #:
`7282
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`Claim – 7,630,724
`for
`9[P]. A method
`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:
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`The Lyft Accused Products perform a computer implemented method as set forth below. Lyft further
`infringes directly and/or indirectly by performing, inducing others to perform, and/or contributing to the
`performance of: 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.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, Lyft provides Lyft app for passengers and Lyft Driver app for drivers. The Lyft apps for
`riders and drivers, in conjunction with Lyft’s servers and services, provide users with interactive methods
`to request, view, and track locations of passengers/riders using real-time maps and communications. The
`Lyft server(s) and their services communicate with the Lyft apps for riders and drivers. The Lyft server(s)
`and their services host information related to and instructions for processing user/device/vehicle
`accounts, location data, and map data. The claimed methods are distributed by Lyft in the Lyft apps.
`The claimed methods are used/tested by Lyft using the Lyft apps. The claimed methods are downloaded
`and
`installed by Lyft’s customers
`(riders) and personnel
`(drivers, personnel) at
`the
`direction/encouragement of Lyft and used by Lyft’s customers and Lyft’s personnel.
`. Each of the driver and the passenger’s mobile phones which are installed with the Lyft and Lyft driver
`apps comprises a CPU, GPS, a navigational system symbol generator (Lyft App and Lyft Driver App)
`and a touch screen display. The Lyft and Lyft Driver application is supported by smart devices including
`but not limited to smartphones and tablets, which have an antenna in them for both transmission and
`reception.
`
`
`B-3
`
`
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 9 of 35 PageID #:
`7283
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`Claim – 7,630,724
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
` https://help.lyft.com/hc/en-ca/articles/115013079208-Lyft-Driver-app
`
`
` https://www.lyft.com/drive-with-lyft
`
`
` https://www.lyft.com/hub/posts/how-to-give-a-ride
`
`
`B-4
`
`
`
`
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 10 of 35 PageID #:
`7284
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`Claim – 7,630,724
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
`Driver’s device
`displaying
`passenger’s ride
`request message
`
` https://www.youtube.com/watch?v=jVUy9poJDng at 10:24, Annotated
`
`
`
`
`B-5
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 11 of 35 PageID #:
`7285
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`Claim – 7,630,724
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
` https://www.youtube.com/watch?v=j0RDMLcmOgU at 4:01
`
`
`
`
`B-6
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 12 of 35 PageID #:
`7286
`Exhibit B for US Patent No. 7,630,724 Against Lyft Accused Products
`
`Claim – 7,630,724
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
`
` https://apps.apple.com/in/app/lyft/id529379082
`
`
`B-7
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 13 of 35 PageID #:
`7287
`Exhibit C for US Patent No. 10,299,100 Against Lyft Accused Products
`
`
`
`Based on information presently available, AGIS Software Development LLC (“AGIS”) contends that Defendant Lyft Inc.
`(collectively “Lyft” or “Defendant”) infringes claims 1-31 (the “Asserted Claims”) of U.S. Patent No. 10,299,100 (the “’100 Patent”)
`through the Accused Products which are manufactured, sold, offered for sale, and/or used by Lyft.
`
`The Accused Products comprise all versions of the Lyft Application made, used, sold, offered for sale, or otherwise provided,
`
`after September 21, 2004. For example, the Accused Products comprise the Lyft application installed on all Android, iOS, Blackberry,
`and Windows Mobile based mobile devices (e.g. smartphones, tablets, laptops, and smart watches), and any variants thereof. AGIS
`reserves the right to amend this list of Accused Products as discovery progresses.
`
`Lyft directly infringes each of the Asserted Claims by using, importing, testing, selling, and/or offering for sale the Accused
`
`Products in violation of 35 U.S.C. § 271(a).
`
`Lyft indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including its users
`
`and/or customers, to directly infringe through their operation and use of the Accused Products. Lyft has knowingly and intentionally
`induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing the Accused Products to third parties with
`the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Lyft’s marketing and promotional materials for the Accused Products are found, for example, on
`Lyft’s website, and in App stores of operating systems for which the Accused Products are made available. For example, Lyft’s website
`offers customers instructions and/or manuals for the Accused Products that instruct customers to, among other things, use the accused
`services in the Accused Products. Lyft’s website also offers support to customers, including instruction to, among other things, use the
`Accused Products share location information with a group of users. On information and belief, Lyft knows that its actions will result in
`infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement
`of the Asserted Claims but has taken deliberate actions to avoid learning these facts.
`
`Lyft also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, offering
`
`for sale, and otherwise providing the Accused Products, which when used directly infringe the Asserted Claims. The Accused Products
`constitute a material part of the Asserted Claims.
`
`On information and belief, the charted version of the Lyft application is representative of all versions of the Accused Products,
`
`including all variants of the Accused Products made, sold, offered for sale, or used on any version of the Android, iOS, Blackberry, and
`Windows Mobile operating systems.
`
`
`
`C-1
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 14 of 35 PageID #:
`7288
`Exhibit C for US Patent No. 10,299,100 Against Lyft Accused Products
`
`
`AGIS does not concede that any claims of the ʼ100 Patent that are not listed below are not infringed by the identified Accused
`
`Products. Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way
`foreclose AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These
`contentions are preliminary in nature, and an analysis of Lyft’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, AGIS reserves
`the right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Lyft, including, but not limited to,
`positions on claim construction,1 invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`
`
`The contents of every below claim cell on which another claim cell depends are expressly incorporated by reference in that
`dependent cell, as if set forth in their entirety therein
`
`
`1 The construction of claim terms herein is consistent with the constructions in AGIS Software Dev. LLC v. Huawei Device USA, Inc.,
`No. 2:17-cv-00513-JRG, Dkt. No. 205 (Lead Case) (E.D. Tex. Oct. 10, 2018) and AGIS Software Dev. LLC v. Google LLC, No. 2:19-
`cv-00361-JRG, Dkt. No. 147 (Lead Case) (E.D. Tex. Dec. 20, 2020). AGIS reserves the right to update its constructions and
`contentions in view of this Court’s claim construction order.
`
`
`
`C-2
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 15 of 35 PageID #:
`7289
`Exhibit C for US Patent No. 10,299,100 Against Lyft Accused Products
`
`-
`
`Claim
`10,299,100
`1[P]. A method
`performed by a
`mobile
`device
`having a display
`and one or more
`processors,
`the
`method
`comprising:
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
`The Lyft Accused Products perform a computer implemented method as set forth below. Lyft further infringes
`directly and/or indirectly by performing, inducing others to perform, and/or contributing to the performance of:
`a method performed by a mobile device having a display and one or more processors.
`
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`
`For example, Lyft provides Lyft app for passengers and Lyft Driver app for drivers. The Lyft apps for riders and
`drivers, in conjunction with Lyft’s servers and services, provide users with interactive methods to request, view,
`and track locations of passengers/riders using real-time maps and communications. The Lyft server(s) and their
`services communicate with the Lyft apps for riders and drivers. The Lyft server(s) and their services host
`information related to and instructions for processing user/device/vehicle accounts, location data, and map data.
`The claimed methods are distributed by Lyft in the Lyft apps. The claimed methods are used/tested by Lyft
`using the Lyft apps. The claimed methods are downloaded and installed by Lyft’s customers (riders) and
`personnel (drivers, personnel) at the direction/encouragement of Lyft and used by Lyft’s customers and Lyft’s
`personnel.
`
`
` https://help.lyft.com/hc/en-ca/articles/115013079208-Lyft-Driver-app
`
`
`
`
`C-3
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 16 of 35 PageID #:
`7290
`Exhibit C for US Patent No. 10,299,100 Against Lyft Accused Products
`
`-
`
`Exemplary Supporting Evidence Regarding Lyft’s Accused Products
`
`
`
`Claim
`10,299,100
`
` https://www.lyft.com/drive-with-lyft
`
`
` https://www.lyft.com/hub/posts/how-to-give-a-ride
`
`
`
`
`C-4
`
`
`
`
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 17 of 35 PageID #:
`7291
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
`
`
`
`Based on information presently available, AGIS Software Development LLC (“AGIS”) contends that Defendant Lyft
`Technologies Inc. (collectively “Lyft” or “Defendant”) infringes claims 2, 10-13 (the “Asserted Claims”) of U.S. Patent No. 8,213,970
`(the “’970 Patent”) through the Accused Products which are manufactured, sold, offered for sale, and/or used by Lyft.
`
`The Accused Products comprise all versions of the Lyft Application made, used, sold, offered for sale, or otherwise provided,
`
`after September 21, 2004. For example, the Accused Products comprise the Lyft application installed on all Android, iOS, Blackberry,
`and Windows Mobile based mobile devices (e.g. smartphones, tablets, laptops, and smart watches), and any variants thereof. AGIS
`reserves the right to amend this list of Accused Products as discovery progresses.
`
`Lyft directly infringes each of the Asserted Claims by using, importing, testing, selling, and/or offering for sale the Accused
`
`Products in violation of 35 U.S.C. § 271(a).
`
`Lyft indirectly infringes the Asserted Claims in violation of 35 U.S.C. § 271(b) by inducing third parties, including its users
`
`and/or customers, to directly infringe through their operation and use of the Accused Products. Lyft has knowingly and intentionally
`induced this direct infringement by, inter alia, (i) selling, importing, or otherwise providing the Accused Products to third parties with
`the intent that the Accused Products will be operated and used in a manner that practices the Asserted Claims; and (ii) marketing and
`advertising the Accused Products. Lyft’s marketing and promotional materials for the Accused Products are found, for example, on
`Lyft’s website, and in App stores of operating systems for which the Accused Products are made available. For example, Lyft’s website
`offers customers instructions and/or manuals for the Accused Products that instruct customers to, among other things, use the accused
`services in the Accused Products. Lyft’s website also offers support to customers, including instruction to, among other things, use the
`Accused Products share location information with a group of users. On information and belief, Lyft knows that its actions will result in
`infringement of the Asserted Claims, or subjectively believes that there is a high probability that its actions will result in infringement
`of the Asserted Claims but has taken deliberate actions to avoid learning these facts.
`
`Lyft also contributorily infringes each of the Asserted Claims in violation of 35 U.S.C. § 271(c) by selling, importing, offering
`
`for sale, and otherwise providing the Accused Products, which when used directly infringe the Asserted Claims. The Accused Products
`constitute a material part of the Asserted Claims.
`
`On information and belief, the charted version of the Lyft application is representative of all versions of the Accused Products,
`
`including all variants of the Accused Products made, sold, offered for sale, or used on any version of the Android, iOS, Blackberry, and
`Windows Mobile operating systems.
`
`
`
`D-1
`
`

`

`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 18 of 35 PageID #:
`7292
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
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`AGIS does not concede that any claims of the ʼ970 Patent that are not listed below are not infringed by the identified Accused
`
`Products. Moreover, the citations to certain documents and other information below are intended to be exemplary only and in no way
`foreclose AGIS from citing or relying on additional documents, information, source code, and/or testimony at a later time. These
`contentions are preliminary in nature, and an analysis of Lyft’s products, internal documentation, source code, and/or testimony from
`relevant witnesses may more fully and accurately describe the infringing features of its Accused Products. Accordingly, AGIS reserves
`the right to supplement, correct, modify, and/or amend these contentions once such additional information is made available to AGIS.
`Furthermore, AGIS reserves the right to supplement, correct, modify, and/or amend these contentions as discovery in this case
`progresses; in view of the Court’s claim construction order(s); in view of any positions taken by Lyft, including, but not limited to,
`positions on claim construction,1 invalidity, and/or non-infringement; and in connection with the preparation and exchange of expert
`reports.
`
`The contents of each claim cell below on which another claim cell depends are expressly incorporated by reference in that
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`dependent cell, as if set forth in their entirety therein.
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`
`1 The construction of claim terms herein is consistent with the constructions in AGIS Software Dev. LLC v. Huawei Device USA, Inc.,
`No. 2:17-cv-00513-JRG, Dkt. No. 205 (Lead Case) (E.D. Tex. Oct. 10, 2018) and AGIS Software Dev. LLC v. Google LLC, No. 2:19-
`cv-00361-JRG, Dkt. No. 147 (Lead Case) (E.D. Tex. Dec. 20, 2020). AGIS reserves the right to update its constructions and
`contentions in view of this Court’s claim construction order.
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`D-2
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`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 19 of 35 PageID #:
`7293
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
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`Claim - 8,213,970 Exemplary Supporting Evidence Regarding Accused Products
`(Unasserted) 1[P].
`The Lyft Accused Products comprise a communication system for transmitting, receiving, confirming receipt,
`A communication
`and responding to an electronic message. Lyft infringe directly and/or indirectly by providing a
`system for
`communication system for transmitting, receiving, confirming receipt, and responding to an electronic
`transmitting,
`message.
`
`receiving,
`This element is infringed literally, or in the alternative, under the doctrine of equivalents.
`confirming receipt,
`
`and responding to
`For example, Lyft provides Lyft app for passengers and Lyft Driver app for drivers. The Lyft apps for riders
`an electronic
`and drivers, in conjunction with Lyft’s servers and services, provide users with interactive methods to request,
`message,
`view, and track locations of passengers/riders using real-time maps and communications. The Lyft server(s)
`comprising:
`and their services communicate with the Lyft apps for riders and drivers. The Lyft server(s) and their services
`host information related to and instructions for processing user/device/vehicle accounts, location data, and map
`data. The claimed methods are distributed by Lyft in the Lyft apps. The claimed methods are used/tested by
`Lyft using the Lyft apps. The claimed methods are downloaded and installed by Lyft’s customers (riders) and
`personnel (drivers, personnel) at the direction/encouragement of Lyft and used by Lyft’s customers and Lyft’s
`personnel.
`The Lyft Driver application receives an electronically transmitted request for a ride message and
`acknowledges the receipt of the message which triggers a forced message alert that locks the device for a
`period of time until the driver sends a response message (decline or accept) to clear the locked display
`(“transmitting, receiving, confirming receipt, and responding to an electronic message”).
`
`
` https://help.lyft.com/hc/en-ca/articles/115013079208-Lyft-Driver-app
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`D-3
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`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 20 of 35 PageID #:
`7294
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
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`Claim - 8,213,970 Exemplary Supporting Evidence Regarding Accused Products
`
`
`
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` https://www.lyft.com/drive-with-lyft
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`
` https://www.lyft.com/hub/posts/how-to-give-a-ride
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`D-4
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`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 21 of 35 PageID #:
`7295
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
`
`Claim - 8,213,970 Exemplary Supporting Evidence Regarding Accused Products
`
`Driver’s device
`displaying
`passenger’s ride
`request message
`
` https://www.youtube.com/watch?v=jVUy9poJDng at 10:24, Annotated
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`D-5
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`Case 2:21-cv-00072-JRG-RSP Document 205-2 Filed 11/04/21 Page 22 of 35 PageID #:
`7296
`Exhibit D for US Patent No. 8,213,970 Against Lyft Accused Products
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`Claim - 8,213,970 Exemplary Supporting Evidence Regarding Accused Products
`
`
`
` https://www.youtube.com/watch?v=j0RDMLcmOgU at 4:01
`
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`Further, to the extent this element is performed at least in part by Lyft's software source code, AGIS reserves
`the right to supplement these contentions pursuant to production of such