Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 1 of 8 PageID #: 7608
`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 1 of 8 PagelD #: 7608
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`EXHIBIT G
`EXHIBIT G
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`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 1 of 8 PagelD #: 7608
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`EXHIBIT G
`EXHIBIT G
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`
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`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 2 of 8 PageID #: 7609
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 1 of 24 PageID #: 107
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`AGIS SOFTWARE DEVELOPMENT LLC
`
`
`Plaintiff,
`
`
`
`v.
`
`
`
`
`
`Case No. 2:17-cv-513
`
`JURY TRIAL DEMANDED
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`HUAWEI DEVICE USA INC.,
`HUAWEI TECHNOLOGIES USA INC.,
`AND
`HUAWEI TECHNOLOGIES CO., LTD.,
`
`
`
`
`
`
` Defendants.
`
`
`
`Plaintiff, AGIS Software Development, LLC (“AGIS Software” or “Plaintiff”) files this
`
`Original Complaint against Defendants Huawei Device USA Inc., Huawei Technologies USA
`
`Inc., and Huawei Technologies Co., Ltd. (collectively, “Defendants” or “Huawei”) 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
`
`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 to U.S. Patent Nos. 9,467,838, 9,445,251, 9,408,055, and 8,213,970 (collectively,
`
`the “patents-in-suit”).
`
`2.
`
`Upon information and belief, Defendant Huawei Technologies Co., Ltd. is a
`
`Chinese company that does business in Texas, directly or through intermediaries, and maintains
`
`
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 3 of 8 PageID #: 7610
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 3 of 24 PageID #: 109
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`
`
`7.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Huawei
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`Technologies Co., Ltd. is a foreign corporation and may be sued in this judicial district. Venue
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`is further proper against Huawei Technologies USA Inc. and Huawei Device USA Inc. because
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`both companies are incorporated in the State of Texas and, thus, reside in Texas. Venue is
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`further proper because Defendants together have regular and established places of business in
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`this judicial district, including in Plano, are deemed to reside in this judicial district, have
`
`committed acts of infringement in this judicial district, and/or have purposely transacted business
`
`involving the accused products in this judicial district.
`
`PATENTS-IN-SUIT
`
`8.
`
`On July 3, 2012, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
`
`for Interactive Remote Communications.” A true and correct copy of the ’970 Patent is attached
`
`hereto as Exhibit A.
`
`9.
`
`On August 2, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
`
`Patent is attached hereto as Exhibit B.
`
`10.
`
`On September 13, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’251
`
`Patent is attached hereto as Exhibit C.
`
`11.
`
`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
`
`
`
`3
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 4 of 8 PageID #: 7611
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 4 of 24 PageID #: 110
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`
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’838
`
`Patent is attached hereto as Exhibit D.
`
`FACTUAL ALLEGATIONS
`
`12. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
`
`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
`
`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
`
`shortly after the September 11, 2001, terrorist attacks because he believed that many first-
`
`responder and civilian lives could have been saved through the implementation of a better
`
`communication system. He envisioned and developed a new communication system that would
`
`use integrated software and hardware components on mobile devices to give users situational
`
`awareness superior to systems provided by conventional military and first-responder radio
`
`systems.
`
`13.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held mobile devices. Using GPS-based location
`
`technology and existing or special-purpose cellular communication networks, LifeRing users can
`
`exchange location, heading, speed, and other information with other members of a group, view
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
`
`their efforts. The system also interfaces with military command-and-control systems, such as
`
`GCCS, JCR, AFATDS, C2PC, and FBCB2.
`
`14.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’055, ’251, and
`
`’838 Patents to AGIS, Inc. AGIS, Inc.’s LifeRing product practices one or more of the patents in
`
`the AGIS portfolio and AGIS, Inc. has marked its products accordingly.
`
`
`
`4
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 5 of 8 PageID #: 7612
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 7 of 24 PageID #: 113
`
`
`
`COUNT I
`(Infringement of the ’970 Patent)
`
`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`19.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’970 Patent.
`
`20.
`
`Defendants have and continue to directly infringe at least claim 6 of the ’970
`
`Patent, 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 without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`21.
`
`Defendants have and continue to indirectly infringe at least claim 6 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, offering to sell, selling and/or
`
`importing into the United States the infringing Accused Devices and by instructing users of the
`
`Accused Devices to perform methods claimed in the ’970 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’970 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 ’970 Patent in violation of 35 U.S.C.
`
`§ 271(b).
`
`22.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 6 of the ’970 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Android Device Manager, Find My Phone, Find My
`
`Device, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
`
`
`
`7
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 6 of 8 PageID #: 7613
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 8 of 24 PageID #: 114
`
`
`
`Latitude, and Google Maps apps installed on the Accused Devices, in accordance with
`
`Defendants’ instructions and thereby directly infringe at least claim 6 of the ’970 Patent in
`
`violation of 35 U.S.C. § 271. For example, Huawei directly and/or indirectly intentionally
`
`instructs 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:
`
`www.huawei.com, consumer.huawei.com,
`
`http://devicehelp.virginmobileusa.com/document/HowToSetupGuide/Union/Virgin_Mobile/en/U
`
`se_Android_Device_Manager_with_your_Huawei_Union, and Huawei 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).
`
`23.
`
`For example, Defendants directly and/or indirectly instruct their customers to
`
`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
`
`
`
`
`
`8
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`
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`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 7 of 8 PageID #: 7614
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 23 of 24 PageID #: 129
`
`
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`infringement of at least one valid and enforceable claim of the ’838 Patent. Defendants’
`
`infringement of the ’838 Patent have been and continue to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, AGIS Software prays for relief against Defendants as follows:
`
`a.
`
`Entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the patents-in-suit;
`
`b.
`
`Entry of judgment declaring that Defendants’ infringement of the patents-in-suit
`
`has been willful and deliberate;
`
`c.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with them, from further acts of infringement of the patents-in-suit;
`
`d.
`
`An order awarding damages sufficient to compensate AGIS Software for
`
`Defendants’ infringement of the patents-in-suit, but in no event less than a reasonable royalty,
`
`together with interest and costs;
`
`e.
`
`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
`
`result of Defendants’ willful and deliberate infringement of the patents-in-suit;
`
`f.
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`Entry of judgment declaring that this case is exceptional and awarding AGIS
`
`Software its costs and reasonable attorney fees under 35 U.S.C. § 285; and
`
`g.
`
`Such other and further relief as the Court deems just and proper.
`
`Dated: June 21, 2017
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`23
`
`
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`Case 2:22-cv-00263-JRG-RSP Document 101-8 Filed 08/11/23 Page 8 of 8 PageID #: 7615
`Case 2:17-cv-00513-JRG Document 2 Filed 06/21/17 Page 24 of 24 PageID #: 130
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`
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`
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`MCKOOL SMITH, P.C.
`
`/s/ Sam 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
`
`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
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@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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