`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`Case No. 2:21-cv-00024-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`Case No. 2:21-cv-00026-JRG
`(MEMBER CASE)
`
`JURY TRIAL DEMANDED
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No. 2:21-cv-00072-JRG
`§
`(LEAD CASE)
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`ORDER GRANTING PLAINTIFF AGIS SOFTWARE DEVELOPMENT LLC’S
`MOTION FOR RECONSIDERATION OF THE
`CLAIM CONSTRUCTION MEMORANDUM AND ORDER (DKT. 213)
`
`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`LYFT, INC.,
`
`
`
`UBER TECHNOLOGIES, INC., d/b/a
`UBER,
`
`
`Defendants.
`
`Before the Court is Plaintiff AGIS Software Development LLC’s (“Plaintiff” or “AGIS”)
`
`Motion for Reconsideration of the Claim Construction Memorandum and Order (Dkt. 213).
`
`The Court, having considered the Objections to the Claim Construction Memorandum and
`
`Order (Dkt. 213), and having considered all briefs, exhibits, and evidence related thereto, hereby
`
`construes the five objected-to terms as follows:
`
`(1)
`
`“using the IP address previously” is definite; alternatively, “among each of the
`
`network participant users” should be construed as “among one or more network
`
`participants” and “using the IP address previously” should be construed as “using
`
`the respective IP address previously transmitted to the server;”
`
`
`
`Case 2:21-cv-00072-JRG-RSP Document 237-3 Filed 11/24/21 Page 2 of 2 PageID #: 7902
`
`(2)
`
`(3)
`
`“required response list” shall be construed to have its plain and ordinary meaning;
`
`“consisting of: a position of the participant symbol, positions of the one or more
`
`vehicle symbols, and a portion of the map displayed on the display of the mobile
`
`device” is not a Markush group and shall be construed to have its plain and ordinary
`
`meaning;
`
`(4)
`
`“based on at least one criterion selected from the group consisting of: (1) passage
`
`of time, and (2) movement of the first vehicle” is not a Markush group and shall be
`
`construed to have its plain and ordinary meaning;
`
`(5)
`
`“based on the participant selection data, performing one or more acts selected from
`
`the group consisting of: sending updated vehicle data to the first mobile device
`
`corresponding to the vehicle, sending updated participant data to the second mobile
`
`device corresponding to the participant, and sending a message to the first mobile
`
`device corresponding to the vehicle” is not a Markush group and shall be construed
`
`to have its plain and ordinary meaning.
`
`2
`
`
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