Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 1 of 219 PageID #: 675
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§
`Case No. 2:22-cv-00263-JRG
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`§
`JURY TRIAL DEMANDED
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`§
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`§
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`§
`§
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`§
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`§
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA,
`INC.,
`
`
`
`Defendants.
`
`
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`First Amended Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung
`
`Electronics”) and Samsung Electronics America, Inc. (“Samsung Electronics America”)
`
`(collectively, “Samsung” or “Defendants”) for patent infringement under 35 U.S.C. § 271 and
`
`alleges as follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff AGIS Software is a limited liability company organized and existing under
`
`the laws of the State of Texas and maintains its principal place of business at 100 W. Houston
`
`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and
`
`to U.S. Patent Nos. 8,213,970, 9,467,838, 9,749,829, and 9,820,123 (the “Patents-in-Suit”).
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
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`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro, Yeongtong-
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`Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and belief, Samsung
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`Electronics does business in Texas, directly or through intermediaries, and offers its products
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`

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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 2 of 219 PageID #: 676
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`and/or services, including those accused herein of infringement, to customers and potential
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`customers located in Texas, including in this Judicial District. 
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`3.
`
`Defendant Samsung Electronics America, is a corporation organized under the laws
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`of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park, New
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`Jersey 07660. Upon information and belief, Samsung Electronics America has corporate offices
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`in the Eastern District of Texas at 6625 Excellence Way, Plano, Texas 75023,1 2601 Preston Road,
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`#1214, Frisco, Texas 75023,2 6625 Excellence Way, Plano, Texas 75023, 1303 East Lookout
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`Drive, Richardson, Texas 75082, and 2800 Technology Drive, Suite 200, Plano, Texas 75074. 
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`4.
`
`Defendants have 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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`and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281 Loop,
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`Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall, Texas
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`75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, Texas 75670; T-Mobile,
`
`900 East End Boulevard North, Suite 100, Marshall, Texas 75670; Verizon authorized retailers,
`
`including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra, 1006 East
`
`End Boulevard, Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120 East End
`
`Boulevard South, Marshall, Texas 75670.
`
`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of the United
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`States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action pursuant
`
`to 28 U.S.C. §§ 1331, 1338(a), and 1367.
`
` 
`1 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/
`2 https://news.samsung.com/us/new-frisco-tx-samsung-experience-store-open-galaxy/
`
`2
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 3 of 219 PageID #: 677
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`6.
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`This Court has specific and personal jurisdiction over each of the Defendants
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`consistent with the requirements of the Due Process Clause of the United States Constitution and
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`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
`
`minimum contacts with the forum because each Defendant transacts substantial business in the
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`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
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`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
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`the State of Texas and in this Judicial District as alleged in this Complaint, as alleged more
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`particularly below.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
`
`because Defendants are subject to personal jurisdiction in this Judicial District, have committed
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`acts of patent infringement in this Judicial District, and have regular and established places of
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`business in this Judicial District. Defendants, through their own acts and/or through the acts of
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`others, make, use, sell, and/or offer to sell infringing products within this Judicial District,
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`regularly do and solicit business in this Judicial District, and have the requisite minimum contacts
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`with this Judicial District, such that this venue is a fair and reasonable one. Further, on information
`
`and belief, Defendants have admitted or not contested proper venue in this Judicial District in other
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`patent infringement actions.
`
`PATENTS-IN-SUIT
`
`8.
`
`On July 3, 2012, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
`
`for Interactive Remote Communications.” On September 1, 2021, the United States Patent and
`
`Trademark Office issued an Inter Partes Review Certificate for the ’970 Patent cancelling claims
`
`1 and 3-9. On December 9, 2021, the United States Patent and Trademark Office issued an
`
`3
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 4 of 219 PageID #: 678
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`Ex Parte Reexamination Certificate for the ’970 Patent determining claims 2 and 10 (as amended)
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`and claims 11-13 to be valid and patentable. A true and correct copy of the ’970 Patent, which
`
`includes the September 1, 2021 Inter Partes Review Certificate and the December 9, 2021
`
`Ex Parte Reexamination Certificate, is attached hereto as Exhibit A.
`
`9.
`
`On October 11, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,467,838 (the “’838 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” On May 27, 2021, the United States Patent
`
`and Trademark Office issued an Ex Parte Reexamination Certificate for the ’838 Patent confirming
`
`the validity and patentability of claims 1-84. A true and correct copy of the ’838 Patent, which
`
`includes the May 27, 2021 Ex Parte Reexamination Certificate, is attached hereto as Exhibit B.
`
`10.
`
`On August 29, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” On August 16, 2021, the United States
`
`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’829 Patent
`
`confirming the validity and patentability of claims 1-68. A true and correct copy of the ’829 Patent,
`
`which includes the August 16, 2021 Ex Parte Reexamination Certificate, is attached hereto as
`
`Exhibit C.
`
`11.
`
`On November 14, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,820,123 (the “’123 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” On September 24, 2021, the United States
`
`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’123 Patent
`
`confirming the validity and patentability of claims 1-48. A true and correct copy of the ’123 Patent,
`
`4
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`

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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 5 of 219 PageID #: 679
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`which includes the September 24, 2021 Ex Parte Reexamination Certificate, is attached hereto as
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`Exhibit D.
`
`12.
`
`AGIS is the sole and exclusive owner of all right, title, and interest in the Patents-
`
`in-Suit, and holds the exclusive right to take all actions necessary to enforce its rights to the
`
`Patents-in-Suit, including the filing of this patent infringement lawsuit. AGIS also has the right to
`
`recover all damages for past, present, and future infringement of the Patents-in-Suit and to seek
`
`injunctive relief as appropriate under the law.
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`FACTUAL ALLEGATIONS
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`13. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
`
`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
`
`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”) shortly
`
`after the September 11, 2001 terrorist attacks because he believed that many first responder and
`
`civilian lives could have been saved through the implementation of a better communication
`
`system. He envisioned and developed a new communication system that would use integrated
`
`software and hardware components on mobile devices to give users situational awareness superior
`
`to systems provided by conventional military and first responder radio systems.
`
`14.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held mobile devices. Using GPS-based location
`
`technology and existing or special-purpose cellular communication networks, LifeRing users can
`
`exchange location, heading, speed, and other information with other members of a group, view
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate their
`
`efforts.
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`5
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 6 of 219 PageID #: 680
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`15.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’838, ’829, and
`
`’123 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS Software and
`
`all previous assignees of the Patents-in-Suit have complied with the requirements of 35 U.S.C.
`
`§ 287(a).
`
`16.
`
`Defendants manufacture, use, sell, offer for sale, and/or import into the United
`
`States the Samsung Tactical, TAK, ATAK, and CivTAK, applications, products, and solutions,
`
`which also include related servers and services for supporting Samsung Tactical, TAK, ATAK,
`
`and CivTAK and Samsung Knox (collectively, the “Accused Products”). Further, Defendants
`
`manufacture, use, sell, offer for sale, and/or import into the United States electronic devices, all of
`
`which are configured and/or adapted with certain map-based communication applications,
`
`products, and solutions such as Samsung Tactical, TAK, ATAK, and CivTAK and Samsung Knox,
`
`such as the Galaxy S20 Tactical Edition, Galaxy XCover FieldPro, Galaxy XCover Pro, GT-I7500
`
`Galaxy, i5700 Galaxy Spica, Galaxy S, Galaxy SL, Galaxy S II, Galaxy S Advance, Galaxy S III,
`
`Galaxy S Duos, Galaxy S III Mini, Galaxy S II Plus, Galaxy S4, Galaxy S4 Active, Galaxy S4
`
`Mini, Galaxy S4 Zoom, Galaxy S Duos 2, Galaxy S III Slim, Galaxy S5, Galaxy S III Neo, Galaxy
`
`S5 Active, Galaxy S5 Mini, Galaxy S Duos 3, Galaxy S5 Plus, Galaxy S6, Galaxy S6 Edge, Galaxy
`
`S5 Neo, Galaxy S6 Active, Galaxy S6 Edge+, Galaxy S7, Galaxy S7 Edge, Galaxy S7 Active,
`
`Galaxy S8, Galaxy S8+, Galaxy S8 Active, Galaxy S9, Galaxy S9+, Galaxy S10e, Galaxy S10,
`
`Galaxy S10+, Galaxy S10 5G, Galaxy S21, Galaxy S20 FE, Galaxy Alpha, Galaxy A3, Galaxy
`
`A5, Galaxy A7, Galaxy A8, Galaxy A3, Galaxy A5, Galaxy A7, Galaxy A8, Galaxy A8+, Galaxy
`
`A6, Galaxy A6+, Galaxy A8 Star, Galaxy A7, Galaxy A9, Galaxy A6s, Galaxy A8s, Galaxy A30,
`
`Galaxy A50, Galaxy A10, Galaxy A20, Galaxy A40, Galaxy A70, Galaxy A20e, Galaxy A80,
`
`Galaxy A40s, Galaxy A60, Galaxy A10s, Galaxy A20s, Galaxy A10e, Galaxy C5, Galaxy C7,
`
`6
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 7 of 219 PageID #: 681
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`Galaxy C9, Galaxy C9 Pro, Galaxy C7 Pro, Galaxy C5, Pro, Galaxy C8, Galaxy J, Galaxy J1,
`
`Galaxy J5, Galaxy J7, Galaxy J2, Galaxy J1 Ace, Galaxy J1 Nxt, Galaxy J1 Mini, Galaxy J5
`
`(2016), Galaxy J3 Pro, Galaxy J7, Galaxy J Max, Galaxy J1 Ace Neo, Galaxy J1 (2016), Galaxy
`
`J5 Prime, Galaxy J7, Prime, Galaxy J1 Mini Prime, Galaxy J2 Prime, Galaxy J3 Emerge, Galaxy
`
`J7 V, Galaxy J3 Prime, Galaxy J7 Pro, Galaxy J7 Max, Galaxy J7 Nxt, Galaxy J3 Luna Pro, Galaxy
`
`J7 Sky Pro, Galaxy J7+, Galaxy J2 Pro, Galaxy J7 Prime 2, Galaxy J7 Duo, Galaxy J4, Galaxy J6,
`
`Galaxy J3 (2018), Galaxy J7 (2018), Galaxy J2 Core, Galaxy J4+, Galaxy J6+, Galaxy J4 Core,
`
`Galaxy M, Galaxy M10, Galaxy M20, Galaxy M30, Galaxy M40, Galaxy E5, Galaxy E7, Galaxy
`
`Grand, Galaxy Core, Galaxy Core Plus, Galaxy Grand 2, Galaxy Grand Neo, Galaxy Core Prime,
`
`Galaxy Grand Prime Plus, Galaxy Grand Prime Pro, Galaxy Mega 5.8, Galaxy Mega 6.3, Galaxy
`
`Mega 2, Galaxy Mini, Galaxy Mini 2, Galaxy Trend, Galaxy Trend Lite, Galaxy Trend Plus,
`
`Galaxy Ace, Galaxy Ace Plus, Galaxy Ace 2, Galaxy Ace 3, Galaxy Ace Style, Galaxy Ace 4,
`
`Galaxy On7, Galaxy On5, Galaxy On5 Pro, Galaxy On7 Pro, Galaxy On8, Galaxy On Nxt, Galaxy
`
`On Max, Galaxy On7 Prime, Galaxy On6, Galaxy On8 (2018), Galaxy R, Galaxy R Style, Galaxy
`
`Y, Galaxy Y Duos, Galaxy Young, Galaxy Young 2, Galaxy Pocket, Galaxy Pocket Plus, Galaxy
`
`Pocket Neo, Galaxy Pocket Duos, Galaxy Pocket 2, Galaxy U, Galaxy Neo, Galaxy Pro, Galaxy
`
`Precedent, Galaxy Z, Galaxy Rush, Galaxy 5, Galaxy W, Galaxy Fit, Galaxy Gio, Galaxy Prevail,
`
`Galaxy Nexus, Galaxy Discover, Galaxy Reverb, Galaxy Stellar, Galaxy Appeal, Galaxy Express,
`
`Galaxy Express 2, Galaxy Fame, Galaxy Star, Galaxy Win, Galaxy Win Pro, Galaxy Star Pro,
`
`Galaxy Fame Lite, Galaxy Round, Galaxy Light, Galaxy V, Galaxy V Plus, Galaxy V2, Galaxy K
`
`Zoom, Galaxy Folder, Galaxy Active Neo, Galaxy Folder 2, Galaxy Fold, Galaxy Note, Galaxy
`
`Note II, Galaxy Note 3, Galaxy Note 4, Galaxy Note Edge, Galaxy Note 5, Galaxy Note 7, Galaxy
`
`Note Fan Edition, Galaxy Note 8, Galaxy Note 9, Galaxy Note 10, Galaxy Note 10+, Galaxy Note
`
`7
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`

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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 8 of 219 PageID #: 682
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`10+ 5G, Galaxy Tab, Galaxy Tab 7.0, Galaxy Tab 10.1, Galaxy Tab 10.1N, Galaxy Tab 10.1v,
`
`Galaxy Tab 8.9, Galaxy Tab 7.0 Plus, Galaxy Tab 7.7, Galaxy Tab 2 7.0, Galaxy Tab 2 10.1,
`
`Galaxy Tab 3 7.0, Galaxy Tab 3 Lite 7.0, Galaxy Tab 3 8.0, Galaxy Tab 3 10.1, Galaxy Tab 4 7.0,
`
`Galaxy Tab 4 8.0, Galaxy Tab 4 10.1, Galaxy Tab Pro 8.4, Galaxy Tab Pro 10.1, Galaxy Tab Pro
`
`12.2, Galaxy Tab S 8.4, Galaxy Tab S 10.5, Galaxy Tab S2 8.0, Galaxy Tab S2 9.7, Galaxy Tab
`
`S3 9.7, Galaxy Tab S4 10.5, Galaxy Tab E 8, Galaxy Tab E 9.6, Galaxy Tab A 8.0, Galaxy Tab A
`
`9.7, Galaxy Tab A 6.0, Galaxy Tab A 7.0, Galaxy Tab A 10.1, Galaxy Tab A 10.5, Galaxy Tab
`
`Pro S 12.0, Galaxy Book 10.6, Galaxy Book 12.0, Galaxy Tab Active, Galaxy Tab Active 2,
`
`Galaxy View, Galaxy Note 8.0, Galaxy Note 10, Galaxy Note 10.1, Galaxy Note Pro 12.2, Galaxy
`
`Gear, Gear Sport, Gear S3 Frontier, Galaxy Watch, Galaxy Watch Active, and Galaxy Watch
`
`Active 2. These Galaxy devices are also Accused Products. The Accused Products comprise any
`
`and all versions of the Tactical, TAK, ATAK, and CivTAK solutions, applications, and services
`
`including but not limited to, the ATAK-CIV, ATAK-MIL, and ATAK-MIL versions, and
`
`Samsung Knox, including Samsung Knox Guard. The Accused Products, which include software
`
`components such as, but not limited to, Samsung Tactical, TAK, and ATAK solutions and
`
`Samsung Knox, are configured to interact with Defendants’ servers which provide corresponding
`
`services related to at least Samsung Tactical, TAK, and ATAK and Samsung Knox utilized by
`
`Samsung’s customers when operating the Accused Products, such as the Galaxy devices identified
`
`herein. Such servers, which are made, sold, used, offered for sale, and/or imported into the United
`
`States by Defendants, are also Accused Products.
`
`17.
`
`The Accused Products include functionalities that allow users to form and/or join
`
`networks or groups, share and view locations with other users, display symbols corresponding to
`
`locations (including locations of other users) on a map, and communicate with other users via text,
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`8
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 9 of 219 PageID #: 683
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`voice, and multimedia-based communication. Additionally, the Accused Products include
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`functionalities to allow users to form and/or join networks or groups. The Accused Products
`
`include the functionalities to display map information, including symbols corresponding with
`
`users, entities, and locations. Additionally, the Accused Products include functionalities to form
`
`groups that include their own devices in order to track, remotely monitor and control, and/or
`
`communicate with other users’ devices. The Accused Products include functionalities to enable
`
`communications, such as voice calls between users. The Accused Products practice the claims of
`
`the Asserted Patents to improve user experiences and to improve Samsung’s position in the market.
`
` 
`
` 3
`
` 
`3 https://www.samsung.com/us/business/solutions/industries/government/tactical-edition/
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`9
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 10 of 219 PageID #: 684
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` 
`
`4
`
` 
`4 https://www.samsung.com/us/business/solutions/industries/public-safety/smartphones-
`tablets/?cid=com-btb-sky-blg-us-other-na-100219-112001-na-na-
`na&attributioncampaignid=7011Q000001VMa2QAG
`
`10
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`

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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 11 of 219 PagelD #: 685
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`11
`11
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`5
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`6
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`COUNT I
`(Infringement of the ’970 Patent)
`
`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
`
`their entireties.
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`12
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 13 of 219 PageID #: 687
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`19.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions of
`
`the ’970 Patent.
`
`20.
`
`Defendants infringe, contribute to the infringement of, and/or induce infringement
`
`of the ’970 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
`
`importing into the United States products and/or methods covered by one or more claims of the
`
`’970 Patent including, but not limited to, the Accused Products.
`
`21.
`
`Defendants have and continue to directly infringe at least claim 10 of the ’970
`
`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
`
`sale, distributing, exporting from, and/or importing into the United States the Accused Products
`
`without authority and in violation of 35 U.S.C. § 271(a).
`
`22.
`
`Defendants have and continue to indirectly infringe at least claim 10 of the ’970
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either literally
`
`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States the Accused Products and by instructing
`
`users of the Accused Products to perform methods claimed in the ’970 Patent. For example,
`
`Defendants, with knowledge that the Accused Products infringe the ’970 Patent at least as of the
`
`date of this Complaint, actively, knowingly, and intentionally induced, and continue to knowingly
`
`and intentionally induce direct infringement of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`23.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 10 of the ’970 Patent in the United States because Defendants’ customers
`
` 
`5 https://www.civtak.org/atak-about/
`6 https://kp4-
`cdn.samsungknox.com/resource/Samsung%20Knox%20Security%20Handbook_bx4Z.pdf.
`
`13
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 14 of 219 PageID #: 688
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`use the Accused Products, including at least the Samsung Tactical, TAK, and ATAK applications
`
`and services installed on the Accused Products, in accordance with Defendants’ instructions and
`
`thereby directly infringe at least claim 10 of the ’970 Patent in violation of 35 U.S.C. § 271.
`
`Defendants directly and/or indirectly intentionally instruct their customers to infringe through
`
`training videos, demonstrations, brochures, installations and/or user guides, such as those located
`
`at
`
`one
`
`or
`
`more
`
`of
`
`the
`
`following: 
`
`https://www.samsung.com/us/business/solutions/industries/government/tactical-
`
`edition/#COMMAND_AND_CONTROL;
`
`https://www.samsung.com/us/business/solutions/services/mobility-software/e-fota/;
`
`https://image-us.samsung.com/SamsungUS/samsungbusiness/pdfs/brochures/S20_TE-tactical-
`
`brochure-FINAL_July_2021.pdf;
`
`https://insights.samsung.com/2021/09/01/atak-enhances-
`
`collaboration-and-awareness-for-public-safety-2/;
`
`https://www.civtak.org/atak-about/;
`
`https://www.civtak.org/documentation/; https://wiki.civtak.org/index.php?title=ATAK_Manual;
`
`https://www.pargovernment.com/tactical-sa/docs/S20_brochure.pdf;
`
`https://insights.samsung.com/2021/09/22/7-ways-samsungs-galaxy-xcover-pro-supports-first-
`
`responders/;
`
`https://kp4-
`
`cdn.samsungknox.com/resource/Samsung%20Knox%20Security%20Handbook_bx4Z.pdf;
`
`https://docs.samsungknox.com/admin/knox-manage/faqs/faq-115013698467.htm;
`
`https://docs.samsungknox.com/admin/knox-manage/locate-devices.htm;  and Samsung agents and
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`representatives located within this Judicial District. Defendants are thereby liable for infringement
`
`of the ’970 Patent under 35 U.S.C. § 271(b).
`
`24.
`
`For example, Defendants directly infringe and/or indirectly infringe by instructing
`
`their customers to infringe by performing claim 10 of the ’970 Patent, including: a method of
`
`14
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`Case 2:22-cv-00263-JRG-RSP Document 29 Filed 12/05/22 Page 15 of 219 PageID #: 689
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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
`
`message alert is forced by a forced message alert software application program, said method
`
`comprising the steps of: receiving an electronically transmitted electronic message; identifying
`
`said electronic message as a forced message alert, wherein said forced message alert comprises a
`
`voice or text message and a forced message alert application software packet, which triggers the
`
`activation of the forced message alert software application program within the recipient PDA/cell
`
`phone; transmitting an automatic acknowledgment of receipt to the sender PDA/cell phone, which
`
`triggers the forced message alert software application program to take control of the recipient
`
`PDA/cell phone and show the content of the text message and a required response list on the
`
`display recipient PDA/cell phone or to repeat audibly the content of the voice message on the
`
`speakers of the recipient PDA/cell phone and show the required response list on the display
`
`recipient PDA/cell phone; and transmitting a selected required response from the response list in
`
`order to allow the message required response list to be cleared from the recipient’s cell phone
`
`display, whether said selected response is a chosen option from the response list, causing the forced
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`message alert software to release control of the recipient PDA/cell phone and stop showing the
`
`content of the text message and a response list on the display recipient PDA/cell phone and/or stop
`
`repeating the content of the voice message on the speakers of the recipient PDA/cell phone;
`
`displaying the response received from the PDA/cell phone that transmitted the response on the
`
`sender of the forced alert PDA/cell phone; and providing a list of the recipient PDA/cell phones
`
`that have automatically acknowledged receipt of a forced alert message and their response to the
`
`forced alert message; and displaying a geographical map with georeferenced entities on the display
`
`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
`
`15
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`PDA/cellphone; and presenting a recipient symbol on the geographical map corresponding to a
`
`correct geographical location of the recipient PDA/cellphone based on at least the location data.
`
`For example, the Accused Products include features as shown below.
`
`16
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`Stay connected to
`what matters.
`
`Persistent communications
`The Galaxy 520 Tactical Edition is a OOTS military smartphone with
`tailored software that easily connects to tactical radios and mission-
`critical devices, out of the box,
`
`Multi-ethernet capabilities
`Dedicated connections with multiple mission systems including
`laser range finders, external GPS devices, drones and more keep you
`connected in degraded and highly contested network environments,
`
`Next-generation networks
`As technologies evolve, you need a powerful, mission-ready device
`that can take full advantage of next-generation military networks.
`The Galaxy 520 Tactical Edition supports Private SIM, 56, CARS and
`is ready for WEF &.
`
`—
`5G
`
`| Adchrs | =O
`
`
`
`SAMSUNG
`peel[oha $20
`Tactical elie)al
`
` 
`
`17
`17
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`

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`Command and control
`
`
`
`Situational awareness
`
`The Galaxy 520 Tactical Edition integrates voice, video,
`and tactical data to provide a common operational picture
`of the battlespace. This complete and accurate real-time
`intelligence enhances the precision and effectivenessof
`your tactical teams.
`
`Tactical user experience
`Unique features found only on the Galaxy S20 Tactical
`Edition deliver fast and simple access to the information and
`applications operators need on-mission.
`
`Better intelligence
`The pro-grade 44 MPcamera on the Galaxy 520 Tactical
`Edition allows you to discretely capture and share crisp high-
`resolution phote or 8K video intelligence, even inlow light
`without the use of a flash. View and analyze intelligence in
`greater detail than ever before with the Galaxy 520 Tactical
`Edition’s Dynamic AMOLED 2.0, a0Hz2' display.
`
`Extend your mission
`The Galaxy 520 Tactical Edition battery is 70% larger
`than the previous tactical solution and it's intelligent’ It
`optimizes your app usagein the field giving you extended
`power to complete the mission. When you need a recharge,
`Super Fast Charging* and fast Wireless Charging 2.0 give
`you power ina flash. And Wireless PowerShare allows
`you to easily charge a team member's phone in the field
`just by touching the devices.’
`
`
`
`
`
`
`
`
`
`
`18
`18
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` 7
`
` 
`7 https://www.pargovernment.com/tactical-sa/docs/S20_brochure.pdf
`
`19
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` 
`8 https://image-us.samsung.com/SamsungUS/samsungbusiness/pdfs/flyer/S20_TE-
`salesflyer_FINAL_July_2021.pdf
`
`20
`
`8
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`

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`Unclassified
`
`ATAK Civilian Overview
`The Civilian Team AwarenessKit for Android (ATAK Civilian) is a Government-off-the-Shelf (GOTS) software application and mapping framework for mo-
`bile devices, ATAK Civilian has been designed and developed to run on Android smart devices used in a first responder environment. The ATAK Civilian
`software application is an extensible moving mapdisplay that integrates imagery, map and overlay information to provide enhanced collaboration and
`Situational Awareness (SA) over a tactical meshed network, ATAK Civilian promotes information flow and communications from the field environment
`to command enterprise locations.
`Thefirst time ATAK Civilian is opened, or after a Clear Content, a passphrase is auto-generated to activate data encryption. The user can supply their own
`passphrase by using Settings > Show All Preferences > Device Preferences > Change Encryption Passphrase. Following this step, ATAKCivilian’s End User
`License Agreement(EULA) must be accepted. Next, the user will be prompted to changetheir callsign and/or import preferences or data from a Mission
`Package.All changes/imports can always be updatedlater. Finally, the user can place their self-marker by following the instructions located in the lower
`right comer.
`The toolbar runs along the top of the map display. The features whose icons form the center portion of the toolbar are discussed in individualsections of
`this guide. The three dotsat the right of the toolbar provide additional menu items that appear in a drop-down menu. A Long Press on the map will toggle
`the toolbar between hiddenandvisible.
`The North Arrow appears in the upper left and is used to
`control map orientation.It has two primary modes: North
`Up/Track Up (default) and Manual Map Rotation/Lock.
`While in North Up/Track Up Mode, single press on the
`[North Arrow] icon to cycle between the North Up and
`Track Up map orientation. Long press the [North Arrow]
`to call out the additional controls menu where the Manual Rotation/Lock
`and 3D features are available. Select the [Rotation] button to enter Manual
`Map Rotation/Lock Mode. When in Manual Map Rotation/Lock Mode, rotate
`the map orientation by pressing on the mapwith two fingers and pivoting
`them in the desired direction. Single press on the [North Arrow]to lock the
`screen orientation, signified by the appearance of the lock icon, and again
`to unlock the orientation for further adjustment. 3D controls are discussed in a separate section.
`Select the [Magnifier] buttons to zoom in or out on the map. The map can also be zoomed by using two fingers on the screen to pinch and spread the
`map. Select the [Back] button to center the screen on the Self Marker or the [Padlock] icon to lock the center of the screen to the Self Marker. Select the
`[Orientation] icon to toggle the screen position between portrait and landscape.
`The optional connection widgetindicates whether or not the user is connected to a TAK Server. This has a corresponding Android notification that pro-
`vides the same information, Toggle this display on at Settings > Network Connections > Network Connections > Display Connection Widget.
`Alerts and notifications are displayed in the lowerleft of the map interface.
`The MapScale displays a | inch to X mi/km reference on the map. The scale adjusts with the map when zoomedin and out. Hint windowsare available
`to alert users to changes or make suggestions aboutthe useof tools the first time they are opened.
`
`
`
`
`
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`Unelassified
`
`3D View
`
`3D Models
`
`ATAK Civilian features 2D viewing ofterrain and map items
`(DTED required). To enable 3D view,
`long press on the
`[North Arrow] to call out the additional controls menu
`and select (3D). A tlt angle indicator will appear around
`the edge of the [North Arrow] when 3D view is active.
`Toweh the screen with bao fingers and simultaneously
`swipe up or down an the screen te tilt the View angle. Once the appropriate
`viewing angle is set, select the [3D Lock] button to retain this view while
`panning the map. While viewing the map from an angle, some map items
`
`will appear raised above the map surface if they have defined elevations.
`from there
`
`ATAK Civilian supports the use of 3D models, OBJ models and other types from products such as Pix40 can be imparted via the Import Manager or can
`be manually placed in the atak/overlays folder prior to startup.If using Import Manager browse to the .OB file and import only that file, ar brawse ta a
`IP file that cantains the OBJ file (and ot