Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 1 of 12 PageID #:
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`EXHIBIT D
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 2 of 12 PageID #:
`9505
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`Exhibit B05
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`United States Patent No. 7,630,724 (“Beyer”)
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`United States Patent No. 7,630,724, issued December 8, 2009 (“Beyer”) 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 incorporates in this chart
`all applicable qualifications, clarifications, and other statements made in Defendant’s Invalidity Contentions. This invalidity claim
`chart is based on Defendant’s 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 Defendant’s present
`understanding of the claim limitation.
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`U.S. Patent No.
`9,467,838
`[1.p] A computer-
`implemented method
`comprising:
`
`Beyer
`To the extent the preamble is limiting, Beyer discloses and renders obvious a computer-implemented method
`as described for the claim elements below.
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`See, e.g., disclosures below.
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`
`Beyer at Abstract:
`“A cellular, PDA communication device and communication system for allowing a plurality of
`cellular phone users to monitor each others' locations and status, to initiate cellular phone calls by
`touching a symbol on the touch screen display with a stylus which can also include point to call
`conferencing calling. Each participant's cellular phone PDA device includes GPS navigation receiver
`with application software for point to call cellular phone initiation to participants and geographical
`entities including vehicles, persons or events, conference calls and video transfers. The method and
`system also includes automatic shifting from GPRS/EDGE/CDMA/1XEVDO to SMS when any of
`the cellular phones in the communication network is in the voice mode and in use and for automatic
`shifting back to GPRS/EDGE/CDMA/1XEVDO upon completion of the voice phone call. In
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`addition, using the system, a full transfer of photographs, video clips and high speed data can be used
`between any cellular phones regardless of who the cellular phone vendors or cellular phone
`companies are and in either CDMA, GSM, WiFi or a combination of the two.”
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`Beyer at FIGs 1-5:
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 4 of 12 PageID #:
`9507
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 5 of 12 PageID #:
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 6 of 12 PageID #:
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 7 of 12 PageID #:
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`Beyer at 1:5-17:
`“METHOD OF PROVIDING A CELLULAR PHONE/PDA COMMUNICATION SYSTEM
`FIELD OF THE INVENTION
`This invention relates generally to an integrated communications system using a plurality of
`cellular/PDA/GPS phones for the management of a group of people through the use of a
`communications net and, specifically, to provide each user with a cellular/PDA/GPS/phone that has
`software application programs and databases that permit all the users to continuously know each
`other's locations and status, to rapidly call and communicate voice, high speed internet data,
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`photographs and video clips among the users by touching display screen symbols and to enable the
`users to easily access data concerning other users and other database information.”
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`Beyer at 2:48-3:23:
`“A plurality of cellular phone/WiFi/PDA/GPS devices each having application software and
`databases to provide a communication network having: a) the ability to selectively poll each of the
`other PDA/GPS phone devices with each participant to start reporting its position and status
`information directly to all or selected users equipped with the same cellular phone/PDA
`communication/GPS devices in the communications net so that each of the devices that the data is
`transmitted to is provided a display of the location, status and other information of the other users; b)
`the ability of each of the cellular phone/PDA devices to report to another device at an operator
`selected time rate or at a rate based on distance traveled; c) the ability to exchange other entities of
`interest information and to assign these entities a category (car, person, tank, accident, or other event)
`by touching the display screen at the entity's location on the displayed map, and selecting the
`appropriate category switch; d) the ability to make rapid voice and data call initiation to any other
`participant in the cellular phone/WiFi net whose phone number is available in a geo-referenced
`database including the cellular phone/PDA/GPS devices in a communications net by touching the
`display Screen at the appropriate map location on the PDA map display and selecting a call switch;
`e) the ability to make rapid voice, and conference call initiation to locations, businesses, homes and
`facilities whose phone numbers are available in a geo-referenced database including the cellular
`phone/PDA/GPS devices in a communications net by touching the display screen at the appropriate
`other user locations on the PDA map display and selecting a conference call switch: f) the ability to
`access a facility's URL or to automatically fill in their E-mail address; g) the ability to remotely
`control from one cellular phone/PDA/GPS any of the other cellular phone/PDA/GPS systems phones
`including the ability to control remote cellular phones to make verbal prerecorded announcements,
`place return calls, place calls to another phone number, vibrate, execute text to speech software,
`change sound intensity, remotely control software and functions resident on the remote phone and
`process and display information by touching the display screen at their location on the PDA display
`and selecting the appropriate Switch; and g) the ability to layer a sufficient number of switches or
`buttons on the PDA display to perform the above functions without overlaying the map.”
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`Beyer at 3:47-63:
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 9 of 12 PageID #:
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`“And yet another object of this invention is to provide a cellular phone network that provides for
`instant voice conference calling and the exchange of free text, preformatted messages, photographs
`and video among a plurality of cellular phones by touching the display screen of specific geo-
`referenced map symbols for initiating the calls. And yet another object of this invention is to provide
`a cellular phone network that provides for instant conference voice, text, photographs and video
`exchange by pre-establishing conferencing sub-nets and the subsequent activation of one of those
`sub-nets to establish a conference call. But yet still another object of the invention is to provide for
`a communication system that uses cellular telephone network that allows for photographs and video
`clips to be transferred (“pushed') between and among the cellular phone users across multiple cellular
`carriers, between Smart phone and PCS.”
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`Beyer at 4:24-5:15:
`“Referring now to the drawings and, in particular, FIG. 1, the present invention is shown generally at
`10 that includes a small handheld cellular phone that includes a personal digital assistant (PDA) and
`a global positioning system receiver (GPS) communications device in housing 12 that includes an
`on/off power switch 19, a microphone 38, and an LCD display 16 that is also a touch screen system.
`The small area 16a is the navigation bar that depicts the telephone, GPS and other status data and the
`active software. AGIS software refers to the application software used in this invention. AGIS is a
`trademark of AGIS Corporation. Each cell phone includes a CPU and databases that store
`information useful in the communication network. The CPU also includes a symbol generator for
`creating touch screen display symbols discussed herein. With the touch screen 16, the screen symbols
`are entered through GPS inputs or by the operator using a stylus 14 (or operator finger) by
`manipulatively directing the stylus 14 to literally touch display 16. The soft switches 16d dis played
`on the display 16 are likewise activated by using a stylus 14 and physically and manipulatively
`directing the stylus to literally touch display 16.
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`The display x, y coordinates of the touched point are known by a CPU in the PDA section of the
`communication system in housing 12 that can coordinate various information contained in the PDA
`portion relative to the x, y coordinate position on the display 16. Inside housing 12 is contained the
`conventional cellular phone elements including a modem, a CPU for use with a PDA and associated
`circuitry connected to speaker 24 and microphone 38. A GPS navigational receiver that receives
`signals from satellites that can determine the latitude and longitude of the cellular phone housing 12
`can be internal or external to the housing 12. PDA/cellular phone units such as these are currently on
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 10 of 12 PageID #:
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`sale and sold as a complete unit (or with an external connected GPS) that can be used for cellular
`telephone calls and sending cellular SMS and TCP/IP or other messages using the PDA’s display 16
`and computer (CPU). The GPS system including a receiver in housing 12 is capable of determining
`the latitude and longitude and through SMS, TCP/IP, WiFi or other digital messaging software, to
`also transmit this latitude and longitude information of housing 12 to other cellular phones in the
`communication network via cellular communications, WiFi or radio.
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`The device 10 includes a pair of cellular phone hardware activating buttons 20 to turn the cellular
`phone on and 22 to turn the cellular phone off. Navigation pad actuator 18 is similar to a joy or force
`stick in that the actuator 18 manually provides movement commands that can be used by the PDA’s
`software to move a cursor on display 16. Switches 26 and 28 are designed to quickly select an
`operator specified software program. Speaker 24 and microphone 38 are used for audio messages.
`Switch 19 at the top left of device 10 is the power on and power off switch for the entire device. The
`heart of the invention lies in the AGIS software applications provided in the device. Mounted within
`housing 12 as part of the PDA is the display 16 and the CPU. The internal CPU includes databases
`that provide for a geographical map and georeferenced entities that is shown as display portion 16b
`that includes as part of the display various areas of interest in the particular local map section.” 
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`Beyer at 5:9-15:
`“The heart of the invention lies in the AGIS software applications provided in the device. Mounted
`within housing 12 as part of the PDA is the display 16 and the CPU. The internal CPU includes
`databases that provide for a geographical map and georeferenced entities that is shown as display
`portion 16b that includes as part of the display various areas of interest in the particular local map
`section.”
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`Beyer at 12:12-15:
`“Referring now to FIG.4, another embodiment of the invention permits automatic shifting between
`Voice communications and high speed cellular internet communications across the communication
`network of cellular phone/PDA devices.”
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`Beyer at 14:60-65:
`“There are several ways that the network can be established including: A. POLLING To initialize the
`communications net, the cellular phone ‘one’ operator selects, from a list, the other users (or all of
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 11 of 12 PageID #:
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`them), that the operator desires to be part of the communications net. The system then polls the
`selected phones to activate and become part of the communications net.”
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`Beyer at 15:11-18:
`“Another method is for each phone to have a group identification that is transmitted in its initial
`message which relates it to a particular group who are their own net, only those with that identifier
`(i.e. singles, coin collectors, etc.) are permitted to join that net, and yet another method. D. FRIENDS
`AND FAMILY Only those who are in an approved list maintained by the server or internal to each
`phone are permitted to join that network.”
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`Beyer at 15:19-25:
`“Each of the communication net symbols on the display represents a different cellular phone remote
`from cellular phone ‘one.’ Each of the cellular phones has the phone numbers of all the phones that it
`expects to exchange data with in its database. If additional phones desire to join the net, they transmit
`their designation and their phone number in their initial message so that they can be identified.
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`Beyer at 17:45-62:
`“Another feature of the present communication system is to enable the cellular user to use a Smart
`Phone or a personal computer such as a desktop, a laptop computer or a tablet computer that is
`equipped with a CDMA, GSM cellular telephone or WiFi card, a global positioning system (GPS)
`receiver and a digital camera that can accomplish all of the communications that have been described
`in the application. Thus, the PDA software provided for this communication system is readily
`adaptable into a personal computer, laptop computer or tablet along with a digital camera and GPS
`once the cellular telephone or WiFi card is installed in the system. The present communication
`system is also capable, based on the Software and hardware of the present invention, of using
`wireless communications (WiFi) in lieu of the cellular communications that have been described
`herein. The system can use an integrated wireless capability or a wireless card that allows
`transmission and receipt of wireless communications in accordance with any conventional wireless
`protocol.”
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`Beyer at 18:57-19:7:
`“The cell phone/PDA map display in accordance with the map software program provides a
`geophysical display using a geo-referenced map, chart, satellite image or aerial photograph of a given
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`Case 2:22-cv-00263-JRG-RSP Document 122-5 Filed 09/07/23 Page 12 of 12 PageID #:
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`[1.a] performing, by
`a first device:
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`area or location. This map can be based upon and received from the worldwide databases that are
`maintained by the U.S. Government and others and loaded on to the cellular phone CPU database.
`The cellphone device application software, however, can also provide to a user the ability to request
`a specific geo-referenced map or chart, aerial photograph or satellite image from a remote image
`server by pointing at the specific location desired for the map, aerial photograph or satellite image
`and selecting the display range and selecting the request image soft Switch. Activation of the request
`soft switch causes a message to be sent to the remote server that causes a geo-referenced chart, map,
`aerial photograph or satellite image to be sent to the requestor's cell phone/PDA device where the
`image is geo-referenced and displayed.”
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`See also, e.g., Beyer at Abstract, FIGs 1-6, 1:6-17, 1:20-38, 1:39-2:9, 2:12-44, 2:48-3:63, 4:3-19, 4:24-5:8,
`5:9-15, 5:16-6:23, 6:24-43, 6:44-7:27, 7:28-8:48, 8:49-9:30, 9:31-10:8, 10:9-22, 10:23-56, 10:57-11:15,
`11:16-38, 11:39-43, 11:44-58, 11:59-12:11, 12:12-13:45, 13:46-61, 13:62-14:33, 14:34-59, 14:60-15:18,
`15:19-16:41, 16:42-17:44, 17:45-18:56, 18:57-19:7, 19:8-34, 19:35-40, 19:41-49, 19:50-20:41, Claims 1-16.
`Beyer discloses and renders obvious performing, by a first device.
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`See, e.g., disclosures below.
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`Beyer at Abstract:
`“A cellular, PDA communication device and communication system for allowing a plurality of
`cellular phone users to monitor each others' locations and status, to initiate cellular phone calls by
`touching a symbol on the touch screen display with a stylus which can also include point to call
`conferencing calling. Each participant's cellular phone PDA device includes GPS navigation receiver
`with application software for point to call cellular phone initiation to participants and geographical
`entities including vehicles, persons or events, conference calls and video transfers. The method and
`system also includes automatic shifting from GPRS/EDGE/CDMA/1XEVDO to SMS when any of
`the cellular phones in the communication network is in the voice mode and in use and for automatic
`shifting back to GPRS/EDGE/CDMA/1XEVDO upon completion of the voice phone call. In
`addition, using the system, a full transfer of photographs, video clips and high speed data can be used
`between any cellular phones regardless of who the cellular phone vendors or cellular phone
`companies are and in either CDMA, GSM, WiFi or a combination of the two.”
`
`Beyer at FIGs 1-5:
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`11
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