Case 2:22-cv-00263-JRG-RSP Document 105-9 Filed 08/17/23 Page 1 of 4 PageID #: 7944
`Case 2:22-cv-00263-JRG-RSP Document 105-9 Filed 08/17/23 Page 1of 4 PagelD #: 7944
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`EXHIBIT 26
`EXHIBIT 26
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`Case 2:22-cv-00445-JRG Document 1 Filed 11/18/22 Page 1 of 36 PageID #: 1Case 2:22-cv-00263-JRG-RSP Document 105-9 Filed 08/17/23 Page 2 of 4 PageID #: 7945
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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.
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`v.
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`LENOVO GROUP LTD.,
`LENOVO (UNITED STATES) INC., and
`MOTOROLA MOBILITY LLC,
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`Defendants.
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Complaint against Defendants Lenovo Group Ltd. (“Lenovo Group”), Lenovo (United States) Inc.
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`(“Lenovo US”), and Motorola Mobility LLC (“Motorola”) (collectively, “Lenovo” or
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`“Defendants”) for patent infringement 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
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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 interest
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`in and to U.S. Patent Nos. 8,213,970, 9,445,251, 9,467,838, 9,749,829, and 9,820,123 (the
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`“Patents-in-Suit”).
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`2.
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`On information and belief, Defendant Lenovo Group is a company organized and
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`existing under the laws of China, with its principal place of business located at 6 Chuang ye Road,
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`Haidian District, Beijing 100085, China. On information and belief, Lenovo Group may be served
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`pursuant to the provisions of the Hague Convention. Lenovo Group is a leading manufacturer and
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`Case 2:22-cv-00445-JRG Document 1 Filed 11/18/22 Page 10 of 36 PageID #: 10Case 2:22-cv-00263-JRG-RSP Document 105-9 Filed 08/17/23 Page 3 of 4 PageID #: 7946
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`25.
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`For example, Defendants have indirectly infringed and continue to indirectly
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`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 Find My Device (formerly known as Android
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`Device Manager) Apps and/or services or the Accused Products with the Find My Device Apps
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`and/or services, alone or in conjunction with additional Accused Products, in accordance with
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`Defendants’ instructions and thereby directly infringe at least claim 10 of the ’970 Patent in
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`violation of 35 U.S.C. § 271. Defendants directly and/or indirectly intentionally instruct their
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`customers to infringe through training videos, demonstrations, brochures, installations and/or 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://help.motorola.com/hc/7102/10/pdf/help-motorola-edge-10-global-en-us.pdf;
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`https://download.lenovo.com/consumer/mobiles_pub/lenovo_tab_p11_ug_en_202105.pdf;
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`and
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`Defendants’ agents and representatives located within this Judicial District. Defendants are
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`thereby liable for infringement of the ’970 Patent under 35 U.S.C. § 271(b). Alternatively,
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`Defendants believed there was a high probability that others would infringe the ’970 Patent but
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`remained willfully blind to the infringing nature of others’ actions.
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`26.
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`For example, Defendants directly infringe and/or indirectly infringe by instructing
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`their 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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`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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`10
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`Case 2:22-cv-00445-JRG Document 1 Filed 11/18/22 Page 36 of 36 PageID #: 36Case 2:22-cv-00263-JRG-RSP Document 105-9 Filed 08/17/23 Page 4 of 4 PageID #: 7947
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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 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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`36
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