`10129
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`EXHIBIT B
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 2 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 1 of 70 PageID #: 1
`10130
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`AGIS SOFTWARE DEVELOPMENT
`LLC,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`§
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`Case No.
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendant Google LLC (“Defendant” or “Google”) for patent
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`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
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`interest in and to U.S. Patent Nos. 8,213,970, 9,408,055, 9,445,251, 9,467,838, 9,749,829, and
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`9,820,123 (the “Patents-in-Suit”).
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`2.
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`Defendant Google is a Delaware corporation and maintains its principal place of
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`business at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served
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`with process via its registered agent, Corporation Service Company at 251 Little Falls Drive,
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`Wilmington, DE 19808. Upon information and belief, Google does business in Texas, directly
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`or through intermediaries, and offers its products and/or services, including those accused herein
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 3 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 37 of 70 PageID #: 37
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`83.
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`AGIS Software licenses its patent portfolio, including the ’970, ’055, ’251, ’838,
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`’829, and ’123 Patents, to AGIS, Inc. AGIS, Inc.’s LifeRing product practices one or more of
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`the patents in the AGIS portfolio and AGIS, Inc. has marked its products accordingly.
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`84.
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`AGIS Software and all previous assignees of the Patents-in-Suit have complied
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`with the requirements of 35 U.S.C. § 287(a).
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`85.
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`Google licenses the Android operating system to third parties, who design their
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`own products that utilize the Android operating system. The Android operating system is the
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`most widely used in smartphones and other mobile devices.
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`86.
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`Google manufactures, uses, sells, offers for sale, and/or imports into the United
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`States products, such as [1] Google smartphones and tablets (including, but not limited to, the
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`Nexus S, Galaxy Nexus, Nexus 4, Nexus 5, Nexus 6, Nexus 5X, Nexus 6P, Nexus 7 1st Gen.,
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`Nexus 7 2nd Gen., Nexus 10, Google Pixel, Pixel XL, Pixel 2, Pixel 2 XL, Pixel 3, Pixel 3 XL,
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`Pixel 3a, Pixel 3a XL, Pixel C, and Pixel Slate), [2] Chrome-based notebooks (including, but not
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`limited to, Chromebook Pixel 2013, Chromebook Pixel 2015, and Pixelbook), [3] the Android
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`operating system (including, but not limited to, versions 2.2 through 10.0, [4] the Android Wear
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`OS (including, but not limited to, versions 4.4W1, 4.4W2, Android Wear 1.0 through Android
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`Wear 2.9, and Wear OS 1.0 through Wear OS 2.8), [5] Android Auto, [6] Android-based
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`applications and/or services (including, but not limited to, Google Maps, Find My Device
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`(formerly Android Device Manager), Trust Contacts, Family Link, Play Protect, Chrome
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`browser, Hangouts, Latitude, Messages, Android Messenger, Google Plus, Google Duo, Google
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`Contacts, and Android Auto, and [8] Google’s servers for providing services related to the above
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`Android OS, Android Wear OS, Android Auto, and Android-based applications (collectively,
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`“Accused Products”). The Accused Products include applications and software including, but
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`37
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 4 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 38 of 70 PageID #: 38
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`not limited to, the above-listed applications and/or features as components of its operating
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`system and as downloads from a pre-installed application store, such as the Play Store, in the
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`Accused Products. The Accused Products, together with Google’s software components such as,
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`but not limited to, Google Maps, Find My Device (former Android Device Manager), Trust
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`Contacts, Family Link, Play Protect, Chrome browser, Hangouts, Latitude, Messages, Android
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`Messenger, Google Plus, Google Duo, Google Contacts, and Android Auto apps are configured
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`to interact with Google’s servers which provide services related to the above Android OS,
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`Android Wear OS, Android Auto, and Android-based applications, among other services
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`provided by Google and utilized by Google’s customers when operating the Accused Products,
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`such as the Google smartphones and tablets, Chrome-based notebooks, Android Wear, and
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`Android Auto, identified herein.
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`87.
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`The Accused Products include functionalities that allow users to form groups with
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`other users such that users may view each other’s locations on a map and engage in
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`communication including text, voice, and multimedia-based communication. Additionally, the
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`users may form groups that include their own devices in order to track their own lost or stolen
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`devices, as shown below; to send and receive communications from their own lost or stolen
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`Accused Products; and to remotely control the lost or stolen Accused Products.
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`38
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 5 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 39 of 70 PageID #: 39
`10133
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 6 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 40 of 70 PageID #: 40
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`COUNT I
`(Infringement of the ’970 Patent)
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`88.
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`Paragraphs 1 through 87 are incorporated herein by reference as if fully set forth
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`in their entireties.
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`89.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
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`of the ’970 Patent.
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`90.
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`Defendant has and continues to directly infringe at least claim 10 of the ’970
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`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
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`selling and/or importing into the United States the Accused Products without authority and in
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`violation of 35 U.S.C. § 271(a).
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`91.
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`Defendant has and continues to indirectly infringe at least claim 10 of the ’970
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
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`importing into the United States the infringing Accused Products and by instructing users of the
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`Accused Products to perform at least the method of claim 10 in the ’970 Patent. For example,
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`Defendant, with knowledge that the Accused Products infringe the ’970 Patent at least as of the
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`date of this Complaint, actively, knowingly, and intentionally induced, and continues to actively,
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`knowingly, and intentionally induce, direct infringement of at least claim 10 of the ’970 Patent in
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`violation of 35 U.S.C. § 271(b).
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`92.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 10 of the ’970 Patent in the United States because Defendant’s customers
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`use such Accused Products, including at least the Find My Device (formerly known as Android
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`Device Manager) applications and/or services or the Accused Products with the Find My Device
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 7 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 41 of 70 PageID #: 41
`10135
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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
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`’970 Patent in violation of 35 U.S.C. § 271. For example, Google directly and/or indirectly
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`intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, installations and/or user guides, such as those located at one or more of the following:
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`https://support.google.com/android/answer/6160491?hl=en;
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`https://support.google.com/android/answer/3265955?hl=en;
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`https://www.youtube.com/watch?time_continue=10&v=Kic-A51Wqgk, and Google agents and
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`representatives located within this Judicial District. Defendant is thereby liable for infringement
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`of the ’970 Patent under 35 U.S.C. § 271(b).
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`93.
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`For example, Defendant directly infringes and/or indirectly infringes by
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`instructing its customers to infringe using Accused Products as shown below.
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 8 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 42 of 70 PageID #: 42
`10136
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`Source: https://support.google.com/accounts/answer/3265955?hl=en
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 9 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 43 of 70 PageID #: 43
`10137
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`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 10 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 44 of 70 PageID #: 44
`10138
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`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
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`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
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`94.
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`AGIS Software has suffered damages as a result of Defendant’s direct and
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`indirect infringement of the ’970 Patent in an amount to be proved at trial.
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`95.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
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`result of Defendant’s infringement of the ’970 Patent for which there is no adequate remedy at
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`law, unless Defendant’s infringement is enjoined by this Court.
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`96.
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`Defendant has committed and continues to commit acts of infringement that
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`Defendant actually knew or should have known constituted an unjustifiably high risk of
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`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendant’s
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 11 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 69 of 70 PageID #: 69
`10139
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`participation with it, from further acts of infringement of the Patents-in-Suit;
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`d.
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`An order awarding damages sufficient to compensate AGIS Software for
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`Defendant’s infringement of the Patents-in-Suit, but in no event less than a reasonable royalty,
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`together with interest and costs;
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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 4, 2019
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`Respectfully submitted,
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`MCKOOL SMITH, P.C.
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` /s/ Alfred R. Fabricant
`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
`BROWN RUDNICK LLP
`7 Times Square
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`Case 2:22-cv-00263-JRG-RSP Document 123-6 Filed 09/07/23 Page 12 of 12 PageID #:
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 70 of 70 PageID #: 70
`10140
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`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
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`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
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`70
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