Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 1 of 101 PageID #: 264
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:22-cv-00185-JRG
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`v.
`
`
`VERIZON COMMUNICATIONS INC.,
`CELLCO PARTNERSHIP, D/B/A
`VERIZON WIRELESS, VERIZON
`ENTERPRISE SOLUTIONS, LLC,
`VERIZON BUSINESS GLOBAL LLC,
`VERIZON BUSINESS NETWORK
`SERVICES, LLC, and TERREMARK
`NORTH AMERICA LLC,
`
`
`Defendants.
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`
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Amended Complaint against Defendants Verizon Communications Inc., Cellco
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`Partnership, d/b/a Verizon Wireless, Verizon Enterprise Solutions, LLC, Verizon Business Global
`
`LLC, Verizon Business Network Services, LLC, and Terremark North America, Inc. (collectively,
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`“Verizon” or “Defendants”) for patent infringement under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
`
`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
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`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”).
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 2 of 101 PageID #: 265
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`2.
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`On information and belief, Defendant Verizon Communications, Inc. (“Verizon
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`Communications”) is a corporation organized and existing under the laws of the State of Delaware,
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`with a principal place of business at 1095 Avenue of the Americas, New York, New York 10036.
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`On 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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`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 belief, Verizon Wireless is a wholly-
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`owned subsidiary of Verizon Communications.
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`4.
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`On information and belief, Defendant Verizon Enterprise Solutions, LLC
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`(“Verizon Enterprise”) is a limited liability company organized and existing under the laws of the
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`State of Delaware, with a principal place of business at One Verizon Way, Basking Ridge, New
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`Jersey 07920. Defendant Verizon Enterprise may be served with process through its registered
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`agent at the CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`5.
`
`On information and belief, Defendant Verizon Business Global LLC (“Verizon
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`Business Global”) is a limited liability company organized and existing under the laws of the State
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`of Delaware, with a principal place of business at One Verizon Way, Basking Ridge, New Jersey
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`07920. On information and belief, Defendant Verizon Business Global is a wholly-owned
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`subsidiary of Verizon Communications. Defendant Verizon Business Global may be served with
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`process through its registered agent Corporation Trust Company, Corporation Trust Center, 1209
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`Orange Street, Wilmington, Delaware 19801.
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`6.
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`On information and belief, Defendant Verizon Business Network Services, LLC
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`(“Verizon Business Network”) is a limited liability company organized and existing under the laws
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`2
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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 3 of 101 PageID #: 266
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`of the State of Delaware, with a regular and established place of business in this District at 222
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`Rotary, San Antonio, Texas 78202. Defendant Verizon Business Network may be served with
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`process through its registered agent at CT Corporation System, 1999 Bryan Street, Suite 900,
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`Dallas, Texas 75201.
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`7.
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`On
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`information and belief, Defendant Terremark North America LLC
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`(“Terremark”) is a limited liability company, organized and existing under the laws of the State of
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`Florida, with a principal place of business at One Verizon Way, Basking Ridge, New Jersey 07920.
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`Defendant Terremark may be served with process through its registered at the CT Corporation
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`System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201.
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`8.
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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 North,
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`Suite A, Marshall, Texas 75670; 1111 East Grand Avenue, Marshall, Texas 75670; 741 North
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`Central Expressway, Plano, Texas 75075; 2330 Preston Road, Suite 500, Frisco, Texas 75034;
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`3220 East Hebron Parkway, Suite 114, Carrollton, Texas 75010; 5020 State Highway 121, The
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`Colony, Texas 75056; 204 Central Expressway South, Suite 40, Allen, Texas 75013; and 500 East
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`Loop 281, Longview, Texas 75605.
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`9.
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`On information and belief, Verizon Communications operates as a multinational
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`telecommunications conglomerate composed currently and primarily of two segments, Wireless
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`and Wireline.1 On information and belief, Verizon Wireless comprises the Wireless segment.2
`
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`1 https://www.sec.gov/Archives/edgar/data/732712/000119312514073266/d622994d10k.htm
`2 Id.
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`3
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 4 of 101 PageID #: 267
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`On information and belief, Verizon Business Global, Verizon Business Network, Verizon
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`Enterprise, and Terremark comprise the Wireline segment.3
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`10.
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`On information and belief, Verizon Enterprise, Verizon Business Global, Verizon
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`Business Network, and Terremark are direct or indirect subsidiaries of Verizon Communications,
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`Inc. On information and belief, Verizon Communications Inc. and/or its employees or officers
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`direct and/or control the actions of these entities. On information and belief, Verizon
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`Communications Inc. and/or its employees or officers direct and/or control the actions of these
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`entities by, for example, inducing and contributing to the actions complained of herein.
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`JURISDICTION AND VENUE
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`11.
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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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`12.
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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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`13.
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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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`3 Id.
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`4
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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 5 of 101 PageID #: 268
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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
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`14.
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`On July 3, 2012, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
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`for Interactive Remote Communications.” 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.
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`15.
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`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
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`and Password Protected Digital and Voice Networks.” On May 27, 2021, the United States Patent
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`and Trademark Office issued an Ex Parte Reexamination Certificate for the ’838 Patent confirming
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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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`5
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`16.
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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
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`and Password Protected Digital and Voice Networks.” On August 16, 2021, the United States
`
`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
`
`Exhibit C.
`
`17.
`
`On November 14, 2017, the United States Patent and Trademark Office duly and
`
`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
`
`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’123 Patent
`
`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
`
`Exhibit D.
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`18.
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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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`FACTUAL ALLEGATIONS
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`19. 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
`
`6
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 7 of 101 PageID #: 270
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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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`20.
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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
`
`efforts.
`
`21.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’838, ’829, and
`
`’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).
`
`22.
`
`On information and belief, Defendants were notified that Verizon products infringe
`
`the Patents-in-Suit, and/or otherwise became aware of the Patents-in-Suit and recognized that the
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`Verizon products infringe the Patents-in-Suit at least as of June 2016. For example, on information
`
`and belief, one or more Verizon employees has known about AGIS’s patent portfolio, including
`
`the Patents-in-Suit, before, during, and after June 2016. For example, on information and belief,
`
`AGIS personnel have informed Verizon and/or Verizon personnel of AGIS’s patent portfolio,
`
`including the Patents-in-Suit, by direct communication or presentation before, during, and after
`
`7
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`June 2016. For example, on information and belief, Verizon and/or its employees and/or agents
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`have become aware of AGIS’s patent portfolio, including the Patents-in-Suit through legal
`
`activities, such as patent prosecution. For example, on information and belief, Verizon and/or its
`
`employees and/or agents have become aware of AGIS’s patent portfolio, including the Patents-in-
`
`Suit through communications received from the U.S. Patent and Trademark Office identifying
`
`AGIS, AGIS’s patent portfolio, Mr. Beyer, and/or the Patents-in-Suit. Despite having knowledge
`
`of the Patents-in-Suit and despite receiving notice of infringement, Verizon continues to infringe
`
`directly and/or indirectly and has not taken a license to the Patents-in-Suit.
`
`23.
`
`Defendants manufacture, use, sell, offer for sale, and/or import into the United
`
`States products and software that infringe the Patents-in-Suit, e.g., the Verizon public safety and
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`first responder solutions, such as the Verizon Frontline and Real Time Response System solutions,
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`devices, applications and related services and/or servers, the Verizon fleet tracking, field service
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`management, and asset tracking solutions, such as Verizon Connect, Connect Reveal, and
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`Spotlight solutions, devices, applications, and related services and/or servers (collectively, the
`
`“Accused Products”).4 The Accused Products infringe each of the Asserted Patents.
`
`24.
`
`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
`
`
`4 See, e.g., https://www.verizon.com/business/solutions/public-sector/public-
`safety/?cmp=knc:ggl:ac:wls:dpr:8445271315&utm_term=verizon%20frontline&utm_medium=c
`pc&utm_source=google&utm_campaign=GGL_BND_Frontline_Exact&utm_content=Frontline
`&ds_cid=71700000080905274&ds_cid=71700000080905274&ds_cid=&gclid=Cj0KCQjw9ZG
`YBhCEARIsAEUXITXRdqsyc1MqkVv3Ml6wgO-
`g7IOE5IteJdbvjgFFf2xH9CUIfOaStEkaApQ-EALw_wcB&gclsrc=aw.ds;
`https://www.verizonconnect.com/
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`8
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`functionalities to allow users to form and/or join networks or groups. The Accused Products
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`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
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`the Asserted Patents to improve user experiences and to improve Verizon’s position in the market.
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`5
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`6
`
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`5 https://www.verizon.com/business/solutions/public-sector/public-safety/first-responder-
`applications/#video-2; https://www.youtube.com/watch?v=mqkL6vCC0l8
`6 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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`9
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`7
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`8
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`7 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
`8 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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`10
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`

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`9
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` 10
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`9 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
`10 https://www.verizonconnect.com/
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`11
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`

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`11
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`12
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`COUNT I
`(Infringement of the ’970 Patent)
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`25.
`
`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth in
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`their entireties.
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`26.
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`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.
`
`
`11 https://www.verizonconnect.com/features/near-real-time-gps-tracking/
`12 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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`12
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`27.
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`Defendants infringe, contribute to the infringement of, and/or induce infringement
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`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.
`
`28.
`
`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
`
`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).
`
`29.
`
`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.
`
`30.
`
`Defendants have willfully infringed, and continue to willfully infringe, the ’970
`
`Patent by intentionally and deliberately carrying out acts of direct and indirect infringement, while
`
`knowing, or taking deliberate steps to avoid learning, that those acts infringe. For example, on
`
`information and belief, one or more Verizon employees has known about AGIS’s patent portfolio,
`
`including the Patents-in-Suit, before, during, and after June 2016. For example, on information
`
`13
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`and belief, AGIS personnel have informed Verizon and/or Verizon personnel of AGIS’s patent
`
`portfolio, including the Patents-in-Suit, by direct communication or presentation before, during,
`
`and after June 2016. For example, on information and belief, Verizon and/or its employees and/or
`
`agents have become aware of AGIS’s patent portfolio, including the Patents-in-Suit through legal
`
`activities, such as patent prosecution. For example, on information and belief, Verizon and/or its
`
`employees and/or agents have become aware of AGIS’s patent portfolio, including the Patents-in-
`
`Suit through communications received from the U.S. Patent and Trademark Office identifying
`
`AGIS, AGIS’s patent portfolio, Mr. Beyer, and/or the Patents-in-Suit. Despite having knowledge
`
`of the Patents and despite receiving notice of infringement, Verizon has continued to infringe the
`
`Patents-in-Suit directly and/or indirectly, as set forth in this Complaint, and Verizon has
`
`disregarded the opportunities provided by AGIS to Verizon to take a license to the Patents-in-Suit.
`
`Despite having knowledge of the Patents-in-Suit and despite receiving notice of infringement,
`
`Verizon continues to infringe directly and/or indirectly and has not taken a license to the Patents-
`
`in-Suit.
`
`31.
`
`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
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`use the Accused Products, including at least the Verizon public safety and first responder solutions,
`
`such as the Verizon Frontline and Real Time Response System solutions, devices, applications and
`
`related services and/or servers, the Verizon fleet tracking, field service management, and asset
`
`tracking solutions, such as Verizon Connect, Connect Reveal, and Spotlight solutions, devices,
`
`applications and related services and/or servers, 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
`
`14
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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 15 of 101 PageID #: 278
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`training videos, demonstrations, brochures, installations and/or user guides, such as those located
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`at
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`one
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`or more
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`of
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`the
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`following:
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`https://reveal-help.verizonconnect.com/hc/en-
`
`us/articles/360011304580-Download-user-guides;
`
`https://www.verizon.com/business/products/internet-of-things/connected-fleet-field-service/;
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`https://www.verizon.com/business/resources/factsheets/group-first-response-fact-sheet.pdf;
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`https://www.verizon.com/business/resources/solutionsbriefs/mobile-mesh-connectivity-sb.pdf;
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`https://www.verizon.com/business/resources/solutionsbriefs/public_safety_preemption_sb.pdf;
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`https://www.verizonconnect.com/resources/video/live-map/;
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`and Verizon
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`agents
`
`and
`
`representatives located within this Judicial District. Defendants are thereby liable for infringement
`
`of the ’970 Patent under 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.
`
`32.
`
`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
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`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
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`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
`
`15
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 16 of 101 PageID #: 279
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`PDA/cell phone and show the content of the text message and a required response list on the
`
`display recipient PDA/cell phone or to repeat audibly the content of the voice message on the
`
`speakers of the recipient PDA/cell phone and show the required response list on the display
`
`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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`message alert software to release control of the recipient PDA/cell phone and stop showing the
`
`content of the text message and a response list on the display recipient PDA/cell phone and/or stop
`
`repeating the content of the voice message on the speakers of the recipient PDA/cell phone;
`
`displaying the response received from the PDA cell phone that transmitted the response on the
`
`sender of the forced alert PDA/cell phone; and providing a list of the recipient PDA/cell phones
`
`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
`
`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
`
`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.
`
`
`
`16
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 17 of 101 PageID #: 280
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`13
`
`14
`
`
`13 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010671999-Log-in-to-Reveal
`14 https://reveal-help.verizonconnect.com/hc/en-us/articles/360011079099-Reveal-mobile-apps
`
`17
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 18 of 101 PageID #: 281
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`15
`
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`15 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010589240-Creating-and-editing-
`groups
`
`18
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`

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`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 19 of 101 PageID #: 282
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`16
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`16 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567759-Using-the-Live-Map
`
`19
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 20 of 101 PageID #: 283
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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
`
`20
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 21 of 101 PageID #: 284
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`18
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`18 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567839-Fleet-Status-list
`
`21
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 22 of 101 PageID #: 285
`
`19
`
`
`19 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567879-See-your-fleet-status-
`on-Live-Map
`
`22
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 23 of 101 PageID #: 286
`
`20
`
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`20 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010454660-Find-nearest-vehicle-
`or-asset
`
`23
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 24 of 101 PageID #: 287
`
`21
`
`
`21 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010497980-Creating-Places
`
`24
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 25 of 101 PageID #: 288
`
`
`
`22
`
`
`22 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567919-View-job-details
`
`25
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 26 of 101 PageID #: 289
`
`23
`
`
`23 https://reveal-help.verizonconnect.com/hc/en-us/articles/360010567919-View-job-details
`
`26
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 27 of 101 PageID #: 290
`
`24
`
`25
`
`
`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
`
`27
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 28 of 101 PageID #: 291
`
`26
`
`27
`
`
`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
`
`28
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 29 of 101 PageID #: 292
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`28
`
`33.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’970 Patent in an amount to be proved at trial.
`
`34.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
`
`of Defendants’ infringement of the ’970 Patent for which there is no adequate remedy at law unless
`
`Defendants’ infringement is enjoined by this Court.
`
`35.
`
`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 ’970 Patent. Defendants’
`
`infringement of the ’970 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.
`
`
`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
`
`29
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`

`

`Case 2:22-cv-00185-JRG Document 23 Filed 08/23/22 Page 30 of 101 PageID #: 293
`
`COUNT II
`(Infringement of the ’838 Patent)
`
`36.
`
`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`37.
`
`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 ’838 Patent.
`
`38.
`
`Defendants infringe, contribute to the infringement of, and/or induce infringement
`
`of the ’838 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
`
`’838 Patent including, but not limited to, the Accused Products.
`
`39.
`
`Defendants have and continue to directly infringe at least claim 54 of the ’838
`
`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).
`
`40.
`
`Defendants ha