Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 1 of 104 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`Plaintiff,
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`
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`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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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`v.
`
`
`VERIZON COMMUNICATIONS INC. and
`CELLCO PARTNERSHIP, D/B/A
`VERIZON WIRELESS,
`
`
`Defendants.
`
`
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendants Verizon Communications Inc. and Cellco Partnership,
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`d/b/a Verizon Wireless (collectively, “Verizon” or “Defendants”) for patent infringement under
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`35 U.S.C. § 271 and alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff AGIS Software is a limited liability company organized and existing under
`
`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. 8,213,970, 9,467,838, 9,749,829, and 9,820,123 (the “Patents-in-Suit”).
`
`2.
`
`On information and belief, Defendant Verizon Communications, Inc. (“Verizon
`
`Communications”) is a corporation organized and existing under the laws of Delaware, with a
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`principal place of business at 1095 Avenue of the Americas, New York, New York 10036. On
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`information and belief, Verizon Communications may be served with process through its
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`registered agent at CT Corporation System, 350 North Street, Dallas, Texas 75201.
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`

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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 2 of 104 PageID #: 2
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`3.
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`On information and belief, Defendant Cellco Partnership, d/b/a Verizon Wireless
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`(“Verizon Wireless”) is a Delaware partnership, with its principal place of business at One Verizon
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`Way, Basking Ridge, New Jersey 07920. On information and believe, Verizon Wireless is a
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`wholly-owned subsidiary of Verizon Communications.
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`4.
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`Verizon is doing business, either directly or through its agents, on an ongoing basis
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`in this Judicial District and elsewhere in the United State, and has regular and established places
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`of business in this Judicial District including, but not limited to: 1006 East End Boulevard N.,
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`Suite A, Marshall, Texas 75670; 1111 East Grand Avenue, Marshall, Texas 75670; 741 N Central
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`Expressway, Plano, Texas 75075; 2330 Preston Road, Suite 500, Frisco, Texas 75034; 3220 East
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`Hebron Parkway, Suite 114, Carrollton, Texas 75010; 5020 State Highway 121, The Colony,
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`Texas 75056; 204 Central Expressway S, Suite 40, Allen, Texas 75013; and 500 East Loop 281,
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`Longview, Texas 75605.
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`JURISDICTION AND VENUE
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`5.
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`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action pursuant
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`to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`6.
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`This Court has specific and personal jurisdiction over Defendants consistent with
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`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
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`Arm Statute. On information and belief, Defendants have sufficient minimum contacts with the
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`forum because Defendants transact substantial business in the State of Texas and in this Judicial
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`District. Further, Defendants have, directly or through subsidiaries or intermediaries, committed
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`and continue to commit acts of patent infringement in the State of Texas and in this Judicial District
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`as alleged in this Complaint, as alleged more particularly below.
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`2
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`7.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
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`because Defendants are subject to personal jurisdiction in this Judicial District, have committed
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`acts of patent infringement in this Judicial District, and have regular and established places of
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`business in this Judicial District. Defendants, through their own acts and/or through the acts of
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`others, make, use, sell, and/or offer to sell infringing products within this Judicial District,
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`regularly do and solicit business in this Judicial District, and have the requisite minimum contacts
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`with the Judicial District, such that this venue is a fair and reasonable one. Further, on information
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`and belief, Defendants have admitted or not contested proper venue in this Judicial District in other
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`patent infringement actions.
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`PATENTS-IN-SUIT
`
`8.
`
`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.” On September 1, 2021, the United States Patent and
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`Trademark Office issued an Inter Partes Review Certificate for the ’970 Patent cancelling claims
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`1 and 3-9. On December 9, 2021, the United States Patent and Trademark Office issued an
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`Ex Parte Reexamination Certificate for the ’970 Patent determining claims 2 and 10 (as amended)
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`and claims 11-13 to be valid and patentable. A true and correct copy of the ’970 Patent, which
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`includes the September 1, 2021 Inter Partes Review Certificate and the December 9, 2021
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`Ex Parte Reexamination Certificate, is attached hereto as Exhibit A.
`
`9.
`
`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.” On May 27, 2021, the United States Patent
`
`and Trademark Office issued an Ex Parte Reexamination Certificate for the ’838 Patent confirming
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`3
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 4 of 104 PageID #: 4
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`the validity and patentability of claims 1-84. A true and correct copy of the ’838 Patent, which
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`includes the May 27, 2021 Ex Parte Reexamination Certificate, is attached hereto as Exhibit B.
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`10.
`
`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
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`and Password Protected Digital and Voice Networks.” On August 16, 2021, the United States
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`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’829 Patent
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`confirming the validity and patentability of claims 1-68. A true and correct copy of the ’829 Patent,
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`which includes the August 16, 2021 Ex Parte Reexamination Certificate, is attached hereto as
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`Exhibit C.
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`11.
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`On November 14, 2017, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,820,123 (the “’123 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” On September 24, 2021, the United States
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`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’123 Patent
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`confirming the validity and patentability of claims 1-48. A true and correct copy of the ’123 Patent,
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`which includes the September 24, 2021 Ex Parte Reexamination Certificate, is attached hereto as
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`Exhibit D.
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`12.
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`AGIS is the sole and exclusive owner of all rights, title, and interest in the Patents-
`
`in-Suit, and holds the exclusive right to take all actions necessary to enforce its rights to the
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`Patents-in-Suit, including the filing of this patent infringement lawsuit. AGIS also has the right to
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`recover all damages for past, present, and future infringement of the Patents-in-Suit and to seek
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`injunctive relief as appropriate under the law.
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`4
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 5 of 104 PageID #: 5
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`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
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`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”) shortly
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`after the September 11, 2001 terrorist attacks because he believed that many first responder and
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`civilian lives could have been saved through the implementation of a better communication
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`system. He envisioned and developed a new communication system that would use integrated
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`software and hardware components on mobile devices to give users situational awareness superior
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`to systems provided by conventional military and first responder radio systems.
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`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 their
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`efforts.
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`15.
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`AGIS Software licenses its patent portfolio, including the ’970, ’838, ’829, and
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`’123 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS Software and
`
`all previous assignees of the Patents-in-Suit have complied with the requirements of 35 U.S.C.
`
`§ 287(a).
`
`16.
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`Defendants manufacture, use, sell, offer for sale, and/or import into the United
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`States products and software that infringe the Patents-in-Suit, e.g., the Verizon Smart Family and
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`Companion applications and the related services and/or servers for the applications, the Verizon
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`5
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 6 of 104 PageID #: 6
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`public safety and first responder solutions, such as the Verizon Frontline and Real Time Response
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`System solutions, devices, applications and related services and/or servers, the Verizon fleet
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`tracking, field service management, and asset tracking solutions, such as Verizon Connect,
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`Connect Reveal, and Spotlight solutions, devices, applications and related services and/or servers
`
`(collectively, the “Accused Products”).1 The Accused Products infringe each of the Asserted
`
`Patents.
`
`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 text,
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`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. The Accused Products
`
`include the functionalities to display map information, including symbols corresponding with
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`users, entities, and locations. Additionally, the Accused Products include functionalities to form
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`groups that include their own devices in order to track, remotely monitor and control, and/or
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`communicate with other users’ devices. The Accused Products include functionalities to enable
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`communications, such as voice calls between users. The Accused Products practice the claims of
`
`the Asserted Patents to improve user experiences and to improve Verizon’s position in the market.
`
`
`1 https://www.verizon.com/solutions-and-services/verizon-smart-family/
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`6
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 7 of 104 PageID #: 7
`Case 2:22-cv-00185-JRG Document1 Filed 05/27/22 Page 7 of 104 PagelD #: 7
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`(0) Near201Grand Ave
`
`Near 1947 Gallway Ave.
`2 SanFrancisco,CA
`1minago- within 100 yds
`Navigate
`Saveplace
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`Today
`
`
`
`Know where
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`Keeptabs on yourkid's phone
`and get alerts whentheyarrive at
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`
`<
`
`7
`
`

`

`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 8 of 104 PageID #: 8
`Case 2:22-cv-00185-JRG Document1 Filed 05/27/22 Page 8 of 104 PagelD #: 8
`
`aOe &
`
`loah
`
`a
`
`50% ED
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`Easy pickups.
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`their location with their parents.
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 9 of 104 PageID #: 9
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`2
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`3
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`2 https://www.verizon.com/solutions-and-services/verizon-smart-family/
`3 https://www.verizon.com/support/how-to-use-verizon-smart-family/
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`9
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 10 of 104 PageID #: 10
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`4
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`5
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`4 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-2; https://www.youtube.com/watch?v=mqkL6vCC0l8
`5 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-3; https://www.youtube.com/watch?v=bvvqpe9fkzs&t=2s
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`10
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 11 of 104 PageID #: 11
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`6
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`7
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`6 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-4; https://www.youtube.com/watch?v=3T_g6qnwVlQ&t=322s
`7 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-8; https://www.youtube.com/watch?v=-nWcnt9lsCM&t=181s
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`11
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 12 of 104 PageID #: 12
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`8
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`8 https://www.verizon.com/business/products/internet-of-things/connected-smart-cities-
`communities/real-time-response-system/; https://www.youtube.com/watch?v=2_p-XWcv-
`7s&t=7s;
`https://www.verizon.com/business/resources/solutionsbriefs/2020/unifying_data_helps_you_mak
`e_better_faster_decisions.pdf
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`12
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 13 of 104 PageID #: 13
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`9
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`10
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`9 https://www.verizonconnect.com/
`10 https://www.verizonconnect.com/features/near-real-time-gps-tracking/
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`13
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 14 of 104 PageID #: 14
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`11
`
`COUNT I
`(Infringement of the ’970 Patent)
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`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
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`their entireties.
`
`19.
`
`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 ’970 Patent.
`
`20.
`
`Defendants infringe, contribute to the infringement of, and/or induce infringement
`
`of the ’970 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
`
`’970 Patent including, but not limited to, the Accused Products.
`
`21.
`
`Defendants have and continue to directly infringe at least claim 10 of the ’970
`
`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
`
`
`11 https://www.verizonconnect.com/solutions/field-service-management-software/;
`https://www.verizonconnect.com/solutions/field-service-management-software/real-time-eta/
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`14
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 15 of 104 PageID #: 15
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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).
`
`22.
`
`Defendants have and continue to indirectly infringe at least claim 10 of the ’970
`
`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 ’970 Patent. For example,
`
`Defendants, with knowledge that the Accused Products infringe the ’970 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 ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`Alternatively, Defendants believed there was a high probability that others would infringe the ’970
`
`Patent but remained willfully blind to the infringing nature of others’ actions.
`
`23.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 10 of the ’970 Patent in the United States because Defendants’ customers
`
`use the Accused Products, including at least the Verizon Smart Family and Companion apps
`
`installed on the Accused Devices, in accordance with Defendants’ instructions and thereby directly
`
`infringe at least claim 10 of the ’970 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.verizon.com/solutions-and-services/verizon-smart-family/;
`
`https://www.verizon.com/support/how-to-use-verizon-smart-family/;
`
`https://www.verizon.com/support/verizon-smart-family-faqs/;
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`https://www.verizon.com/support/verizon-smart-family/;
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`15
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 16 of 104 PageID #: 16
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`https://www.verizon.com/support/verizon-smart-family-web-app-video/;
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`https://reveal-
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`help.verizonconnect.com/hc/en-us/articles/360011304580-Download-user-guides; and Verizon agents
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`and representatives located within this Judicial District. Defendants are thereby liable for
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`infringement of the ’970 Patent under 35 U.S.C. § 271(b). Alternatively, Defendants believed
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`there was a high probability that others would infringe the ’970 Patent but remained willfully blind
`
`to the infringing nature of others’ actions.
`
`24.
`
`For example, Defendants directly infringe and/or indirectly infringe by instructing
`
`their customers to infringe by performing claim 10 of the ’970 Patent, including: a method of
`
`receiving, acknowledging and responding to a forced message alert from a sender PDA/cell phone
`
`to a recipient PDA/cell phone, wherein the receipt, acknowledgment, and response to said forced
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`message alert is forced by a forced message alert software application program, said method
`
`comprising the steps of: receiving an electronically transmitted electronic message; identifying
`
`said electronic message as a forced message alert, wherein said forced message alert comprises a
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`voice or text message and a forced message alert application software packet, which triggers the
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`activation of the forced message alert software application program within the recipient PDA/cell
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`phone; transmitting an automatic acknowledgment of receipt to the sender PDA/cell phone, which
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`triggers the forced message alert software application program to take control of the recipient
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`PDA/cell phone and show the content of the text message and a required response list on the
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`display recipient PDA/cell phone or to repeat audibly the content of the voice message on the
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`speakers of the recipient PDA/cell phone and show the required response list on the display
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`recipient PDA/cell phone; and transmitting a selected required response from the response list in
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`order to allow the message required response list to be cleared from the recipient’s cell phone
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`display, whether said selected response is a chosen option from the response list, causing the forced
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`16
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 17 of 104 PageID #: 17
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`message alert software to release control of the recipient PDA/cell phone and stop showing the
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`content of the text message and a response list on the display recipient PDA/cell phone and/or stop
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`repeating the content of the voice message on the speakers of the recipient PDA/cell phone;
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`displaying the response received from the PDA cell phone that transmitted the response on the
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`sender of the forced alert PDA/cell phone; and providing a list of the recipient PDA/cell phones
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`that have automatically acknowledged receipt of a forced alert message and their response to the
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`forced alert message; and displaying a geographical map with georeferenced entities on the display
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`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
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`PDA/cellphone; and presenting a recipient symbol on the geographical map corresponding to a
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`correct geographical location of the recipient PDA/cellphone based on at least the location data.
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`For example, the Accused Products include features as shown below.
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`
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`17
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`Case 2:22-cv-00185-JRG Document1 Filed 05/27/22 Page 18 of 104 PagelD #: 18
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`Sign in to an existing Verizon Smart Family account
`
`To sign in to the Verizon Smart Family app on your phone:
`
`1. Open the Verizon Smart Family app on your Android smartphoneoriPhone.
`
`Note:If you don't have the app on your phone, you can downloadthe Verizon Smart Family app
`in your phone's app store.
`
`You can also sign inand manage Verizon Smart Family through My Verizon. But you must have
`the Verizon Smart Family app on your phoneto benefit from all the features available with the
`service.
`
`2.
`
`3.
`
`4.
`
`Tap Getstarted.
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`Enter your mobile numberand MyVerizon password. Thentap Sign in.
`
`If prompted, tap Agree to accept the Terms and Conditions.
`
`You've successfully signed in to Verizon Smart Family.
`
`
`
`Locate a child
`
`Note: You must have Verizon Smart Family Premium to use location services. You'll also needto pair
`your phonewith the Smart Family Companion app on yourchild's phonefor better location
`accuracy and to use certain location features. Additionally, Smart Family notifications must be
`enabledin your device settings to view any location of your child’s Verizon Android tablet.
`
`Inthe Verizon Smart Family app:
`
`1.
`
`Select the child at the top of the screen. The appwill begin to locate their phone automatically.
`Asuccesstful result will display a halo showing the general area of the child's device.
`
`» a
`
`a@ee
`
`@
`
`o
`Resear0D|ar
`
`atheA mange
`
`3calls today
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`
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`18
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 19 of 104 PageID #: 19
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`12
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`13
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`12 https://www.verizon.com/support/how-to-use-verizon-smart-family/
`13 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010671999-Log-in-to-Reveal
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`19
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 20 of 104 PageID #: 20
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`14
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`14 https://reveal-help.verizonconnect.com/hc/en-us/articles/360011079099-Reveal-mobile-apps
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`20
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 21 of 104 PageID #: 21
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`15
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`15 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010589240-Creating-and-editing-
`groups
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`21
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 22 of 104 PageID #: 22
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`16
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`16 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567759-Using-the-Live-Map
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`22
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 23 of 104 PageID #: 23
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`17
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`17 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010455560-See-vehicles-on-Live-
`Map
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`23
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 24 of 104 PageID #: 24
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`18
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`18 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567839-Fleet-Status-list
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`24
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 25 of 104 PageID #: 25
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`19
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`19 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567879-See-your-fleet-status-
`on-Live-Map
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`25
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 26 of 104 PageID #: 26
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`20
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`20 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010454660-Find-nearest-vehicle-
`or-asset
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`26
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 27 of 104 PageID #: 27
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`21
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`21 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010497980-Creating-Places
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`27
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 28 of 104 PageID #: 28
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`22
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`22 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567919-View-job-details
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`28
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 29 of 104 PageID #: 29
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`23
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`23 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567919-View-job-details
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`29
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 30 of 104 PageID #: 30
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`24
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`25
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`24 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-2; https://www.youtube.com/watch?v=mqkL6vCC0l8
`25 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-3; https://www.youtube.com/watch?v=bvvqpe9fkzs&t=2s
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`30
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 31 of 104 PageID #: 31
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`26
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`27
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`26 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-4; https://www.youtube.com/watch?v=3T_g6qnwVlQ&t=322s
`27 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-8; https://www.youtube.com/watch?v=-nWcnt9lsCM&t=181s
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`31
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 32 of 104 PageID #: 32
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`28
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`25.
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`AGIS Software has suffered damages as a result of Defendants’ direct and indirect
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`infringement of the ’970 Patent in an amount to be proved at trial.
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`26.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
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`of Defendants’ infringement of the ’970 Patent for which there is no adequate remedy at law unless
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`Defendants’ infringement is enjoined by this Court.
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`27.
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`Defendants have committed and continue to commit acts of infringement that
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`Defendants actually knew or should have known constituted an unjustifiably high risk of
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`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendants’
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`28 https://www.verizon.com/business/products/internet-of-things/connected-smart-cities-
`communities/real-time-response-system/; https://www.youtube.com/watch?v=2_p-XWcv-
`7s&t=7s;
`https://www.verizon.com/business/resources/solutionsbriefs/2020/unifying_data_helps_you_mak
`e_better_faster_decisions.pdf
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`32
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 33 of 104 PageID #: 33
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`infringement of the ’970 Patent has been and continues to be willful, entitling AGIS Software to
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`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
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`COUNT II
`(Infringement of the ’838 Patent)
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`28.
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`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
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`their entireties.
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`29.
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`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
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`offer for sale, sell, or import any Accused Products and/or products that embody the inventions of
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`the ’838 Patent.
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`30.
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`Defendants infringe, contribute to the infringement of, and/or induce infringement
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`of the ’838 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
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`importing into the United States products and/or methods covered by one or more claims of the
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`’838 Patent including, but not limited to, the Accused Products.
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`31.
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`Defendants have and continue to directly infringe at least claim 54 of the ’838
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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).
`
`32.
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`Defendants have and continue to indirectly infringe at least claim 54 of the ’838
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either literally
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`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States the Accused Products and by instructing
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`users of the Accused Products to perform methods claimed in the ’838 Patent. For example,
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`Defendants, with knowledge that the Accused Products infringe the ’838 Patent at least as of the
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`date of this Complaint, actively, knowingly, and intentionally induced, and continue to actively,
`
`33
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`

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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 34 of 104 PageID #: 34
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`knowingly, and intentionally induce direct infringement of the ’838 Patent. Alternatively,
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`Defendants believed there was a high probability that others would infringe the ’838 Patent but
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`remained willfully blind to the infringing nature of others’ actions.
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`33.
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`For example, Defendants have indirectly infringed and continue to indirectly
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`infringe at least claim 54 of the ’838 Patent in the United States because Defendants’ customers
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`use the Accused Products, including at least the Verizon Smart Family and Companion
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`applications and/or services, alone or in conjunction with additional Accused Products, in
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`accordance with Defendants’ instructions and thereby directly infringe at least one claim of the
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`’838 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or indirectly intentionally
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`instruct their customers to infringe through training videos, demonstrations, brochures,
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`installations and/or user guides, such as those located at one or more of the following:
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`https://www.verizon.com/solutions-and-services/verizon-smart-family/;
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`https://www.verizon.com/support/how-to-use-verizon-smart-family/;
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`https://www.verizon.com/support/verizon-smart-family-faqs/;
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`https://www.verizon.com/support/verizon-smart-family-web-app-video/;
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`https://reveal-
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`help.verizonconnect.com/hc/en-us/articles/360011304580-Download-user-guides; and Verizon
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`agents and representatives located within this Judicial District. Defendants are thereby liable for
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`infringement of the ’838 Patent under 35 U.S.C. § 271(b). Alternatively, Defendants believed
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`there was a high probability that others would infringe the ’838 Patent but remained willfully blind
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`to the infringing nature of others’ actions.
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`34.
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`For example, Defendants directly infringe and/or indirectly infringe by instructing
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`their customers to infringe by a system comprising: a first device programmed to perform
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`operations comprising: joining a communication network corresponding to a group, wherein
`
`34
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`Case 2:22-cv-00185-JRG Document 1 Filed 05/27/22 Page 35 of 104 PageID #: 35
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`joining the communication network comprises transmitting a message including an identifier
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`corresponding to the group; participating in the group, wherein participating in the group includes
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`sending first location information to a first server and receiving second location information from
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`the first server, the first location information comprising a location of the first device, the second
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`location information comprising one or more locations of one or more respective second devices
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`included in the group; presenting, via an interactive display of the first device, a first interactive,
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`georeferenced map and a first set of one or more user-selectable symbols corresponding to a first
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`set of one or more of the second devices, wherein the first set of symbols are positioned on the
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`first georeferenced map at respective positions corresponding to the locations of the first set of
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`second devices, and wherein first georeferenced map data relate positions on the first
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`georeferenced map to spatial coordinates; sending, to a second server, a request for second
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`georeferenced map data different from the first georeferenced map data; receiving, from the second
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`server, the second georeferenced map data; presenting, via the interactive display of the first
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`device, a second georeferenced map and a second set of one or more user-selectable symbols
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`corresponding to a second set of one or more of the second devices, wherein the second set of
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`symbols are positioned on the second georeferenced map at respective positions corresponding to
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`the locations of the second set of second devices, and wherein the second georeferenced map data
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`relate positions on the second georeferenced map to spatial coordinates; and identifying user
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`interaction with the interactive display selecting one or more of the second set of user-selectable
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`symbols corresponding to one or more of the second devices and positioned on