Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 1 of 12 PageID #:
`9492
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`EXHIBIT C
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 2 of 12 PageID #:
`9493
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`Exhibit B4
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`United States Patent 7,353,034 (“Haney”)
`
`United States Patent No. 7,353,034, issued April 1, 2008 (“Haney”) discloses and/or renders obvious Claims 1-84 of U.S. Patent No.
`9,467,838 alone and/or in combination with other references, as set forth in the chart below. Defendants incorporate in this chart all
`applicable qualifications, clarifications, and other statements made in Defendants’ Invalidity Contentions. This invalidity claim chart
`is based on Defendants’ present understanding of Claims 1-84, and AGIS’s apparent construction of the claims, as set forth in AGIS’s
`Infringement Contentions. Defendant is not adopting AGIS’s apparent constructions, nor is Defendant admitting the accuracy of any
`particular construction. To the extent the Court finds that this reference does not expressly disclose certain limitations in the asserted
`claims, such limitations would have been inherent and/or obvious. By mapping claim language to this reference, Defendant does not
`imply or admit that the claim language satisfies 35 U.S.C. § 112. To the extent any cell lacks citations to the charted reference, this
`should not be taken as an admission that the reference does not disclose the corresponding limitation but rather indicates that
`Defendant does not presently intend to rely on the reference as disclosing the limitation based on Defendants’ present understanding
`of the claim limitation.
`
`
`U.S. Patent No.
`9,467,838
`[1.p] A computer-
`implemented method
`comprising:
`
`Haney
`To the extent the preamble is limiting, Haney discloses and renders obvious a computer-implemented
`method as described for the claim elements below.
`
`See, e.g.: disclosures below.
`
`Haney at Abstract:
`“A system for exchanging GPS or other position data between wireless devices for purposes of group
`activities, child location monitoring, work group coordination, dispatching of employees etc. Cell
`phones and other wireless devices with GPS receivers have loaded therein a Buddy Watch application
`and a TalkControl application. The Buddy Watch application communicates with the GPS receiver
`and other wireless devices operated by buddies registered in the users phone as part of buddy groups
`or individually. GPS position data and historical GPS position data can be exchanged between cell
`phones of buddies and instant buddies such as tow truck drivers via a buddy watch server. Emergency
`monitoring services can be set up with notifications to programmable individuals in case an individual
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 3 of 12 PageID #:
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`does not respond. Positions and tracks can be displayed. TalkControl simplifies and automates the
`process of joining talk groups for walkie talkie services such as that provided by Nextel.”
`
`Haney at FIG 1:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 4 of 12 PageID #:
`9495
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`Haney at FIG 2A:
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`Haney at FIG 2B:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 5 of 12 PageID #:
`9496
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`Haney at FIGs 2C-F:
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`Haney at FIG 28A:
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`Haney at FIG 16:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 6 of 12 PageID #:
`9497
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`Haney at 1:59-64:
`“It is useful to be able to share locations among multiple cell phones which have GPS locator ability.
`Such an ability would be useful for people in groups who have made plans to meet at specific
`locations at specific times. When one person is late, the others in the group would be able to ascertain
`the tardy person’s location.”
`
`Haney at 2:9-33:
`“The invention contemplates 2.5 GHZ and 3 GHZ, Java enabled, web enabled (or similar) cell phones
`and Personal Digital Assistants or other web enabled wireless products with global positioning system
`(GPS) receivers and sufficiently large liquid crystal displays for the preferred embodiment. The
`phones must be web enabled to be able to send and receive TCP/IP or other protocol packets over the
`internet to the Buddy Watch server. In some embodiments where push-to-talk enablement is
`implemented, GPS receivers are not necessary in the cell phones but they must be web enabled to be
`able to send and receive TCP/IP or other packets over the internet to the Buddy Watch server.
`
`These phones and other wireless devices are programmed with software (programmed at the factory or
`downloaded from the assignee of the present invention) to have the user interface and functionality
`described herein to allow mutual tracking and optional position mapping displays of members of
`groups and of instant buddies coming to the rescue of Stranded motorists, hikers, pilots and boatsmen.
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 7 of 12 PageID #:
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`These phones work with a Buddy WatchTM server coupled to the internet. This server is not limited to
`any specific language or technology nor is it limited to any specific wired or wireless solution or any
`particular transmission physical layer or protocol.”
`
`Haney at 3:9-14:
`“In a system employing the teachings of the invention, the users can change things on the fly in the
`field such as: adding groups and members; adding instant buddies, changing the size of the area in
`which their buddies can be tracked, enabling or disabling the location information sharing function
`without disabling the phone, etc.”
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`Haney at 3:51-52:
`“FIG. 2A shows a block diagram of the Buddy Watch system.”
`
`Haney at 5:15-19:
`“FIG. 29 shows the user interface screens to create a new buddy and showing the communication
`paths and accept protocol to do this. FIG. 19, is discussed more below, and is a representation of the
`screens and protocols to initiate and accept an instant buddy relationship.”
`
`Haney at 5:52-6:24:
`“FIG. 1 is a screen shot of a typical opening screen which would be displayed on a cellphone with the
`Buddy TrackerTM software enabled on the phone. FIG. 2A is a block diagram of the Buddy Watch
`system. A Buddy Watch or Rubicon server communicates with wireless devices 2 through 6 via the
`internet 9 and wireless carrier systems 7 and 8. In the claims, the Buddy Tracker software is called the
`GPS position data sharing Software application and it is resident on each of wireless devices 2 through
`6. Generally, communication between the handsets and the Rubicon (Buddy Watch) server occurs as
`follows. Each handset communicates data packets through its local cellular carrier network via TCP/IP
`compliant data packets encapsulated in cell system packets. The carrier network tower receives the
`packets and strips off the cellular encapsulation and forwards the TCP/IP packet to an appropriate
`gateways connected to the internet 9. Routers in the internet route the packet to its destination,
`generally the Buddy Watch server 1. The receiving server validates the content of the IP packet to
`authenticate the sender as a register Rubicon user and to verify that the sending phone EIN matches
`the phone EIN stored in the server. Once authenticated, the packet content is processed by the server.
`A response to the request in the packet is prepared using information from a database maintained by
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`the Rubicon server and any associated map needed for the response is requested from a map server.
`The complete response is compiled, including any data needed to render a map on the recipient
`wireless device display and packetized into a TCP/IP packet and sent back to the originator of the
`request via internet routers and carrier gateways that couple the wireless carrier systems to the
`internet. The gateway of the carrier identifies the correct tower for the cell in which the recipient’s
`phone is currently resident and the packet is encapsulated in a cell system packet and forwarded to the
`appropriate tower where it is transmitted wirelessly to the cell phone or other wireless device of the
`recipient. The wireless device then recovers the data in the TC/IP packet and the port address in the
`TCP/IP packet header causes the packet to be routed to the Buddy Watch software where it is
`processed.”
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`Haney at 11:24-57:
`“4. Buddy Lists: This is the normal mode of operation. Buddies can be added or deleted from a list at
`any time. If a buddy is off a Buddy List, he cannot receive position updates from any other wireless
`device on the list. Multiple Buddy Lists can be joined into a group and entire groups may be enabled
`and disabled. Workgroup lists ate lists of buddies which need to be aware of the location of their
`coworkers during working hours but not after. Buddy Lists of Buffy Groups are a means to have a
`single icon, folder or Some similar graphic user interface (GUI) mechanism or represent a list of
`people and enables single commands to turn on or turn off tracking of a group of people. If a folder is
`used for each Buddy Group, a drop down list showing the specific names and locations of each person
`on the list can be displayed when the folder or icon representing the group is selected. If an icon is
`used, the Buddies would be grouped in and shown on the phone display. Groups receive a color on the
`GUI and the members of the group are connected by a translucent shaped outline encompassing all the
`points representing positions on the Mapit display. If the group is spread too far apart to be shown on
`a single Mapit display, then the shaped outline for the group is not shown and on the specific color
`coded Buddy positions that can be shown are shown. If the Mapit display is Zoomed out, the
`translucent group outline returns when all members of the group can be shown on a single screen.
`Buddies that are in multiple groups are colored a non group color or the color of any of the displayed
`groups. If groups overlay and when Buddies that are in two active groups are shown, the translucent
`outline shall overlap as needed, and only cover Buddies that exist in both lists.”
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`Haney at 11:55-57:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 9 of 12 PageID #:
`9500
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`“5. Instant Buddies: Instant Buddies can be created when a call is placed between two cell phones,
`phone enabled PDAs or other wireless Buddy Watch enabled devices.”
`
`Haney at 13:21-67:
`“FIG. 17 is a flowchart of one embodiment for an Instant Buddy Setup process. FIGS. 18 and 19 are
`diagrams of some of the user interface display screens involved in the Instant Buddy Setup process.
`All three figures will be referred to in the following discussion. In the preferred embodiment, the
`Instant Buddy relationship is set up in the following manner. 1) An initiator selects the Instant Buddy
`menu choice options in step 150. This is done by selecting menu option 151 of screen 153 in FIG. 18.
`This causes a transition to display screen 155 on the initiator's device where the user selects menu
`option 157. This causes a transition to screen 159 on FIG. 19 which is the Instant Buddy setup screen.
`This screen shows the initiator's phone number, Instant Buddy ID and Screen ID in autofilled fields
`161, 163 and 165, respectively (step 152). There is also a timeout field 167 which the initiator can set
`to some time if the default time of midnight is not acceptable (step 154). After filling in the timeout
`value, the Initiator clicks Next in field 169. 2) Instant Buddy request packets are generated and sent to
`the cell transceiver of whatever cell the wireless device of the initiator is registered. These packets
`contain data which identifies the initiator and the recipient (proposed Instant Buddy) and are addressed
`to the IP address of the Buddy Watch server 146 in FIG. 16. The packets are recovered by the cell
`transceiver, sent to the central switching system 102 and routed from there to gateway 148 where they
`are routed over wide area network 147 to the Buddy Watch server (step 156).
`
`3) Buddy Watch server authenticates the initiator and the recipient from data in the packet as a Buddy
`Watch subscribers. If either is not a Buddy Watch subscriber, the server blocks the transaction by not
`forwarding the packets to the recipient. Assuming both are Subscribers, the server forwards the Instant
`Buddy request packets to the recipients wireless device and these packets get routed in the cell system
`(step 160) via the gateway, central Switching system and cell transceiver of the cell in which the
`recipients wireless device is registered. 4) The proposed Instant Buddy's wireless device receives
`the packets and displays an Instant Buddy Request screen (step 164) like that shown at 171 in FIG. 19
`(step 162). This screen shows the phone number, Instant Buddy ID and Screen ID of the Initiator so
`the recipient knows who has requested the Instant Buddy relationship. The recipient can either accept
`or deny the relationship using commands displayed at 173 and 175.”
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`Haney at 14:19-22:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 10 of 12 PageID #:
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`“8) The Buddy Watch server records the existence of the new Instant Buddy relationship (step 180),
`and both wireless devices start sending their GPS position data in packets addressed to the Buddy
`Watch server.”
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`Haney at 21:44-22:6:
`“The radar inclusion mode is a mode which allows police departments or fire departments or any other
`emergency response type organizations to instantly expand their buddy lists to predetermined lists of
`all available personnel. This is useful when it is necessary to know the whereabouts of persons to
`assist in an emergency situation or other situation. This feature may be used by police or other groups
`where the formation of a group may vary throughout the day. This feature can be used in conjunction
`with standard groups. How this feature differs is that a user does not need to be identified and only
`when the user comes within the “radar” range or radius do the user get included within the radar
`inclusion group.
`
`City, County, State or Federal law enforcement or other agencies can offer two capabilities with radar
`inclusion. The first capability is to send an alert with a fixed target or to add a moving target to any
`individuals or groups without any input from the field officers. The target could be a suspect on the
`move. The target affords all the officers a better view of what is going on. The second capability
`allows the agency using the radar inclusion feature to “light up” the positions of other individuals or
`groups of individuals on a Mapit display so that one or more officers/firemen responding to an
`emergency can see the positions of possible reinforcements relative to their position. This is useful
`when groups that normally do not work together such as perhaps the fire and police need to work
`together. Details about each Buddy which is lit up on the Mapit display can be sent to any other
`Buddy in need thereof by a command to the Buddy Watch server issued by the controlling personnel
`of the agency.”
`
`Haney at 25:35-65:
`“Some species within the genus will provide icons, menu choices, etc. which a user can invoke to
`allow the user to select a map display with the location of a buddy displayed thereon. Some species
`within the genus will allow a user to give a command to request historical fixes which trace a path to
`the buddy's current position. Some species within the genus will allow instant buddy relationships to
`be set up to allow location sharing between a person in trouble and a rescuer.
`The Server Genus
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 11 of 12 PageID #:
`9502
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`All servers programmed with Buddy Watch software will have functionality to:
`1. either store map data for entire geographical areas that they serve or to obtain pertinent map data
`from another server such as a MapquestTM server and pick the appropriate maplet that surrounds the
`positions of buddies to be displayed and serve the maplet data to Buddy Watch enabled phones;
`2. pick the appropriate maplet for each buddy list or buddy based upon the center of gravity of the
`buddy positions of the buddies within the selected buddy list and exclude buddies which are out of the
`coverage area;
`3. render buddy locations on maplets based upon GPS location data gathered from Buddy Watch
`applications running on GPS enabled cell phone and PDAs;
`4. store user defined data that embodies each user's buddy lists and buddies and configuration data;
`5. store at least Some preference data that defines at who can use the server, i.e., only those with a
`valid Buddy Watch user ID and password);”
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`Haney at 26:28-52:
`“The Client Application Genus
`The client Buddy Watch application and phone or PDA platform genus collectively provide the
`following functionality:
`1. the programmed phone or PDA must be able to retrieve GPS position data directly or indirectly
`from a GPs receiver in the phone or PDA, and it should be able to wirelessly send the GPS position
`data to the Buddy Watch server either periodically or on demand from the server, but one or another, it
`must be able to exchange position information data with the server;
`2. the phone or PDA must have a display large enough to display maplets and be able to download
`maplets from the Buddy Watch server;
`3. it must have Java or similar software to exchange digital data with the Buddy Watch server using a
`wireless web application program;
`4. it must be able to communicate with the phone's application programmatic interface and any
`application programmatic interface of the cell phone service provider to:
`be able to receive maplets from the Buddy Watch server with location data rendered thereon and
`display the maplets; send location data and receive downstream messages and requests from the
`Buddy Watch server;”
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`Haney at 29:37-39:
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`Case 2:22-cv-00263-JRG-RSP Document 122-4 Filed 09/07/23 Page 12 of 12 PageID #:
`9503
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`[1.a] performing, by
`a first device:
`
`“1. A method for sending a GPS (Global Positioning System) position data from a first wireless device
`to one or more second wireless devices, the method comprising:”
`
`See also, e.g.: Haney at Abstract, FIGs 1-40, 1:59-62, 2:1-5, 2:9-33, 2:41-51, 3:9-14, 3:22-26, 3:51-52, 4:29-
`35, 4:38-41, 5:1-5, 5:6-14, 5:15-19, 5:52-6:24, 6:25-27, 6:29-40, 6:51-59, 6:59-64, 6:64-7:5, 7:21-24, 7:45-
`59, 8:11-36, 8:41-9:7, 9:41-67, 10:1-37, 10:54-59, 11:24-57, 11:55-57, 12:16-20, 12:27-39, 13:21-67, 14:15-
`36, 14:54-59, 15:34-17:18, 18:8-15, 18:19-26, 18:36-19:9, 19:46-55, 20:41-43, 21:44-22:6, 22:21-44, 22:45-
`23:18, 23:25-29, 23:35-46, 23:50-58, 24:16-31, 24:34-46, 24:52-60, 25:35-65, 26:5-7, 26:16-17, 26:28-52,
`29:37-39, 29:36-30:12, Claim 1.
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`Haney discloses and renders obvious performing, by a first device.
`
`See, e.g.: disclosures below.
`
`
`Haney at Abstract:
`“A system for exchanging GPS or other position data between wireless devices for purposes of group
`activities, child location monitoring, work group coordination, dispatching of employees etc. Cell
`phones and other wireless devices with GPS receivers have loaded therein a Buddy Watch application
`and a TalkControl application. The Buddy Watch application communicates with the GPS receiver
`and other wireless devices operated by buddies registered in the users phone as part of buddy groups
`or individually. GPS position data and historical GPS position data can be exchanged between cell
`phones of buddies and instant buddies such as tow truck drivers via a buddy watch server. Emergency
`monitoring services can be set up with notifications to programmable individuals in case an individual
`does not respond. Positions and tracks can be displayed. TalkControl simplifies and automates the
`process of joining talk groups for walkie talkie services such as that provided by Nextel.”
`
`Haney at FIG 1:
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