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`EXHIBIT I
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`
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 2 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 1 of 24 PageID #: 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD.
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`
`
`Defendants.
`
`
`Case No. 2:19-cv-362
`
`JURY TRIAL DEMANDED
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”)
`
`and Samsung Electronics America, Inc. (“Samsung Electronics America”) (collectively
`
`“Samsung” or “Defendants”) for patent infringement under 35 U.S.C. § 271 and alleges as
`
`follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff AGIS Software is a limited liability company organized and existing
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`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
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`interest in and to U.S. Patent Nos. 9,820,123 and 9,749,829 (the “Patents-in-Suit”).
`
`2.
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`Defendant Samsung Electronics is a corporation organized and existing under the
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`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro,
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`Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and
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`
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`
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 3 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 10 of 24 PageID #: 10
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`
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`COUNT I
`(Infringement of the ’123 Patent)
`
`17.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`18.
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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 products that embody the inventions of the ’123 Patent.
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`19.
`
`Defendants have and continue to directly infringe at least claim 23 of the ’123
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`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
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`selling, and/or importing into the United States the Accused Devices without authority and in
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`violation of 35 U.S.C. § 271(a).
`
`20.
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`Defendants have and continue to indirectly infringe at least claim 23 of the ’123
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling, and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’123 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’123 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
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`and intentionally induce direct infringement of the ’123 Patent.
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`21.
`
`For example, Defendants have indirectly infringed and continue to indirectly
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`infringe at least claim 23 of the ’123 Patent in the United States because Defendants’ customers
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`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Samsung Messages, Google
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`Hangouts, Google Plus, Google Latitude, Google Play Protect, and Google Chrome apps
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`installed on the Accused Devices, in accordance with Defendants’ instructions and thereby
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`10
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 4 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 11 of 24 PageID #: 11
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`directly infringe at least one claim of the ’123 Patent in violation of 35 U.S.C. § 271. Defendants
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`directly and/or indirectly intentionally instruct its customers to infringe through training videos,
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`demonstrations, brochures, installations and/or user guides, such as those located at one or more
`
`of the following:
`
`https://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
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`infringement of the ’123 Patent under 35 U.S.C. § 271(b).
`
`22.
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`For example, Defendants’ Accused Devices are pre-installed with at least the
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`Google Maps app which allows users to share their locations and view other users’ locations on a
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`map and to communicate with those users via the Google Maps app (as shown below) which is
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`integrated with Google Messages, Android Messenger, and Samsung Messages and which are
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`also pre-installed on the Accused Devices.
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`23.
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`For example, the exemplary Accused Devices allow users to establish groups and
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`to exchange messages via interaction with Google’s servers and Samsung’s servers which
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`
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`11
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 5 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 16 of 24 PageID #: 16
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`34.
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`Defendants have and continue to indirectly infringe at least claim 68 of the ’829
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’829 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’829 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’829 Patent.
`
`35.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 68 of the ’829 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Google Hangouts, Google
`
`Plus, Google Latitude, Google Play Protect, and Google Chrome apps installed on the Accused
`
`Devices, in accordance with Defendants’ instructions and thereby directly infringe at least one
`
`claim of the ’829 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or indirectly
`
`intentionally instruct its 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://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’829 Patent under 35 U.S.C. § 271(b).
`
`16
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 6 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 17 of 24 PageID #: 17
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`36.
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`For example, Defendants directly and/or indirectly instruct its customers to
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`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
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`
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`17
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 7 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 18 of 24 PageID #: 18
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`18
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 8 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 23 of 24 PageID #: 23
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`d.
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`An order awarding damages sufficient to compensate AGIS Software for
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`Defendants’ infringement of the Patents-in-Suit, but in no event less than a reasonable royalty,
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`together with interest and costs;
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`e.
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`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
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`result of Defendants’ willful and deliberate infringement of the Patents-in-Suit;
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`f.
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`Entry of judgment declaring that this case is exceptional and awarding AGIS
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`Software its costs and reasonable attorney fees under 35 U.S.C. § 285; and
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`g.
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`Such other and further relief as the Court deems just and proper.
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`Dated: November 4, 2019
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`Respectfully submitted,
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`
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`
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`MCKOOL SMITH, P.C.
`
`
`
` /s/ Samuel F. Baxter
`Samuel F. Baxter
`Texas State Bar No. 01938000
`sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`Texas State Bar No. 24012906
`jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`
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`23
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`Case 2:22-cv-00263-JRG-RSP Document 101-10 Filed 08/11/23 Page 9 of 9 PageID #:
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 24 of 24 PageID #: 24
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`
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`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: afabricant@brownrudnick.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@brownrudnick.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`
`
`24
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`