`Case 2:22-cv-00263-JRG-RSP Document 105-5 Filed 08/17/23 Page 1 of 4 PagelD #: 7928
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`EXHIBIT 22
`EXHIBIT 22
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 1 of 35 PageID #: 1Case 2:22-cv-00263-JRG-RSP Document 105-5 Filed 08/17/23 Page 2 of 4 PageID #: 7929
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`BLU PRODUCTS,
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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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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Defendant.
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Complaint against Defendant BLU Products (“BLU” or “Defendant”) for patent infringement
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`under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
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`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, 9,445,251, 9,467,838, 9,749,829, and 9,820,123 (the “Patents-in-
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`Suit”).
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`2.
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`On information and belief, Defendant is a corporation organized and existing under
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`the laws of the State of Florida, with a principal place of business at 10814 NW 33rd Street, Doral,
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`Florida 33172. On information and belief, Defendant may be served with process through its
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`registered agent at 2999 NE 191st Street #407, Aventura, Florida 33180.
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`3.
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`Defendant has authorized sellers and sales representatives that offer and sell
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`products pertinent to this Complaint through the State of Texas, including in this Judicial District,
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 10 of 35 PageID #: 10Case 2:22-cv-00263-JRG-RSP Document 105-5 Filed 08/17/23 Page 3 of 4 PageID #: 7930
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`Alternatively, Defendant believed there was a high probability that others would infringe the ’970
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`Patent but remained willfully blind to the infringing nature of others’ actions.
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`23.
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`For example, Defendant has indirectly infringed and continue to indirectly infringe
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`at least claim 10 of the ’970 Patent in the United States because Defendant’s customers use the
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`Accused Products, including at least the Find My Device (formerly known as Android Device
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`Manager) applications and/or services or the Accused Products with the Find My Device
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`applications and/or services, alone or in conjunction with additional Accused Products, in
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`accordance with Defendant’s instructions and thereby directly infringe at least claim 10 of the ’970
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`Patent in violation of 35 U.S.C. § 271. Defendant directly and/or indirectly intentionally instructs
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`its customers to infringe through training videos, demonstrations, brochures, installations and/or
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`user
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`guides,
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`such
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`as
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`those
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`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://www.bluproducts.com/manuals/g91-max/g91-max-en.pdf;
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`https://www.bluproducts.com/manuals/g90/g90-en.pdf;
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`https://www.bluproducts.com/manuals/g9/g9-en.pdf; and Defendant’s agents and representatives
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`located within this Judicial District. Defendant is thereby liable for infringement of the ’970 Patent
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`under 35 U.S.C. § 271(b). Alternatively, Defendant believed there was a high probability that
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`others would infringe the ’970 Patent but remained willfully blind to the infringing nature of
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`others’ actions.
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`24.
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`For example, Defendant directly infringes and/or indirectly infringes by instructing
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`its customers to infringe by performing claim 10 of the ’970 Patent, including: a method of
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`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
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`10
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 35 of 35 PageID #: 35Case 2:22-cv-00263-JRG-RSP Document 105-5 Filed 08/17/23 Page 4 of 4 PageID #: 7931
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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 Defendant’s 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 18, 2022
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`Respectfully submitted,
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` /s/ Alfred R. Fabricant
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`Justin Kurt Truelove
`Texas Bar No. 24013653
`Email: kurt@truelovelawfirm.com
`TRUELOVE LAW FIRM, PLLC
`100 West Houston Street
`Marshall, Texas 75670
`Telephone: (903) 938-8321
`Facsimile: (903) 215-8510
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`ATTORNEYS FOR PLAINTIFF
`AGIS SOFTWARE DEVELOPMENT LLC
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`35
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