Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 1 of 7 PageID #: 3786
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`§§
`
`
`§
`§
`§
`§
`SAMSUNG ELECTRONICS CO., LTD. and §
`SAMSUNG ELECTRONICS AMERICA, §
`INC.,
`§
`§
`§
`§
`
`Plaintiff,
`
`v.
`
`Civil Action No. 2:22-cv-00263-JRG-RSP
`
`Defendants.
`
`ORDER GRANTING PARTIES’ JOINT MOTION FOR ENTRY OF
`CLAIM CONSTRUCTION WITH REGARD TO CERTAIN SPECIFIED TERMS
`BASED ON ESTABLISHED PRIOR RECORD
`Plaintiff AGIS Software Development LLC (“AGIS” or “Plaintiff”) and Defendants
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”
`
`or “Defendants”) (collectively, the “Parties”) jointly moved for entry of applicable portions of the
`
`briefing, evidence, and hearing transcripts concerning certain terms. The Parties seek to
`
`incorporate into the record of the above-captioned case the claim construction records relevant to
`
`certain claim terms identified in Appendix A, presented to the Court in AGIS Software
`
`Development LLC v. Huawei Device USA Inc., et al., Case No. 2:17-cv-513-JRG-RSP (E.D. Tex.)
`
`(Lead Case) (the “Huawei Case”); AGIS Software Development LLC v. Google LLC, Case No.
`
`2:19-cv-361-JRG (E.D. Tex.) (Lead Case) (the “Google Case”); and/or AGIS Software
`
`Development LLC v. T-Mobile USA, Inc., Case No. 2:21-cv-72-JRG-RSP (E.D. Tex. ) (Lead Case)
`
`(the “T-Mobile Case”), including parties’ briefing and oral argument.
`
`The Parties each agree not to contend that this joint motion and/or entry of relevant portions
`
`of the previous claim construction record constitutes a waiver or forfeiture of any right to appeal,
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`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 2 of 7 PageID #: 3787
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`or of the relevant prior arguments regarding, the claim construction order ultimately entered in this
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`case.
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`Having considered the Motion, the Court finds it should be and hereby is GRANTED.
`
`1. The documents identified as Exhibits D-1 – D-15 to the Motion are entered as part
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`of the claim construction record in the above-captioned case but only insofar as
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`each relates to the terms set forth in Appendix A of the Motion.
`
`2. The Court adopts the Parties’ agreed-upon constructions:
`
`Claim Term/Phrase
`
`a data transmission means that
`facilitates the transmission of
`electronic files between said
`PDA/cell phones in different
`locations
`
`means for attaching a forced
`message alert software packet to
`a voice or text message creating
`a forced message alert that is
`transmitted by said sender
`PDA/cell phone to the recipient
`PDA/cell phone, said forced
`message alert software packet
`containing a list of possible
`required responses and requiring
`the forced message alert
`software on said recipient
`PDA/cell phone to transmit an
`automatic acknowledgment to
`the sender PDA/cell phone as
`soon as said forced message
`
`Patent/
`Claims
`’970
`Patent:
`claim 2
`
`’970
`Patent:
`claim 2
`
`Construction
`
`Governed by 35 U.S.C. § 112(6).1
`
`Function: “facilitating the transmission of
`electronic files between said PDA/cell phones in
`different locations”
`
`Structure: “communications network server
`using TCP/IP or other digital transmission
`means; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).2
`
`Function: “attaching a forced message alert
`software packet to a voice or text message
`creating a forced message alert that is
`transmitted by said sender PDA/cell phone to
`the recipient PDA/cell phone, said forced
`message alert software packet containing a list of
`possible required responses and requiring the
`forced message alert software on said recipient
`PDA/cell phone to transmit an automatic
`acknowledgment to the sender PDA/cell phone
`as soon as said forced message alert is received
`by the recipient PDA/cell phone”
`
`1 AGIS Software Development LLC v. Google LLC, Case No. 2:19-cv-00361- JRG-RSP (Lead Case), Dkt No. 147
`(“Google Claim Construction Order”).
`2 Google Claim Construction Order.
`
`2
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 3 of 7 PageID #: 3788
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`Claim Term/Phrase
`
`Patent/
`Claims
`
`Construction
`
`alert is received by the recipient
`PDA/cell phone
`
`means for requiring a required
`manual response from the
`response list by the recipient in
`order to clear recipient’s
`response list from recipient’s
`cell phone display
`
`means for receiving and
`displaying a listing of which
`recipient PDA/cell phones have
`automatically acknowledged the
`forced message alert and which
`recipient PDA/cell phones have
`not automatically acknowledged
`the forced message alert
`
`’970
`Patent:
`claim 2
`
`’970
`Patent:
`claim 2
`
`means for periodically
`resending said forced message
`alert to said recipient PDA/cell
`phones that have not
`automatically acknowledged the
`forced message alert
`
`’970
`Patent:
`claim 2
`
`means for receiving and
`displaying a listing of which
`recipient PDA/cell phones have
`
`’970
`Patent:
`claim 2
`
`3 Google Claim Construction Order.
`4 Google Claim Construction Order.
`5 Google Claim Construction Order.
`6 Google Claim Construction Order.
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 7:8–8:36; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).3
`
`Function: “requiring a required manual
`response from the response list by the recipient
`in order to clear recipient’s response list from
`recipient’s cell phone display”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 8:37-57; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).4
`
`Function: “receiving and displaying a listing of
`which recipient PDA/cell phones have
`automatically acknowledged the forced message
`alert and which recipient PDA/cell phones have
`not automatically acknowledged the forced
`message alert”
`
`Structure: “PDA/cell phone hardware including
`display 16 and a wireless receiver and/or
`transceiver; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).5
`
`Function: “periodically resending said forced
`message alert to said recipient PDA/cell phones
`that have not automatically acknowledged the
`forced message alert”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 7:64-67 and 8:6-8; and equivalents
`thereof”
`Governed by 35 U.S.C. § 112(6).6
`
`3
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 4 of 7 PageID #: 3789
`
`Claim Term/Phrase
`
`Patent/
`Claims
`
`Construction
`
`transmitted a manual response
`to said forced message alert and
`details the response from each
`recipient PDA/cell phone that
`responded
`
`means for transmitting the
`acknowledgment of receipt to
`said sender PDA/cell phone
`immediately upon receiving a
`forced message alert from the
`sender PDA/cell phone
`
`’970
`Patent:
`claim 2
`
`’970
`Patent:
`claim 2
`
`means for controlling of the
`recipient PDA/cell phone upon
`transmitting said automatic
`acknowledgment and causing, in
`cases where the force message
`alert is a text message, the text
`message and a response list to
`be shown on the display of the
`recipient PDA/cell phone or
`causes, in cases where the
`forced message alert is a voice
`message, the voice message
`being periodically repeated by
`the speakers of the recipient
`PDA/cell phone while said
`response list is shown on the
`display
`
`means for allowing a manual
`response to be manually
`selected from the response list
`
`’970
`Patent:
`claim 2
`
`7 Google Claim Construction Order.
`8 Google Claim Construction Order.
`9 Google Claim Construction Order.
`
`Function: “receiving and displaying a listing of
`which recipient PDA/cell phones have
`transmitted a manual response to said forced
`message alert and details the response from each
`recipient PDA/cell phone that responded”
`
`Structure: “PDA/cell phone hardware including
`display 16 and a wireless receiver and/or
`transceiver; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).7
`
`Function: “transmitting the acknowledgement of
`receipt to said sender PDA/cellphone
`immediately upon receiving a forced message
`alert from the sender PDA/cellphone”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 8:20-30; and equivalents thereof”
`Governed by 35 U.S.C. § 112(6).8
`
`Function: “controlling of the recipient
`PDA/cellphone upon transmitting said
`automatic acknowledgment and causing, in cases
`where the forced message alert is a text message,
`the text message and a response list to be shown
`on the display of the recipient PDA/cellphone or
`causes, in cases where the forced message alert is
`a voice message, the voice message being
`periodically repeated by the speakers of the
`recipient PDA/cellphone while said response list
`is shown on the display”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 8:37–44 and 8:46–51; and equivalents
`thereof”
`Governed by 35 U.S.C. § 112(6).9
`
`4
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 5 of 7 PageID #: 3790
`
`Claim Term/Phrase
`
`Patent/
`Claims
`
`Construction
`
`or manually recorded and
`transmitting said manual
`response to the sender PDA/cell
`phone
`
`’970
`Patent:
`claim 2
`
`means for clearing the text
`message and a response list
`from the display of software on
`said recipient PDA/cell phone to
`transmit an automatic
`acknowledgment to the sender
`PDA/cell phone as soon as said
`forced message alert is received
`by the recipient PDA/cell phone
`
`the response list
`
`a response list
`
`recipient PDA/cell phone
`
`sender PDA/ cell phone
`
`’970
`Patent:
`claim 2
`’970
`Patent:
`claim 2
`’970
`Patent:
`claims
`2, 10
`’970
`Patent:
`claims
`2, 10,
`13
`
`Function: “allowing a manual response to be
`manually selected from the response list or
`manually recorded and transmitting said
`manual response to the sender PDA/cell phone”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 8:39-44 & 8:52-57; and equivalents
`thereof”
`Governed by 35 U.S.C. § 112(6).10
`
`Function: “clearing the text message and a
`response list from the display of the recipient
`PDA/cell phone or stopping the repeating voice
`message and clearing the response list from the
`display of the recipient PDA/cell phone once the
`manual response is transmitted”
`
`Structure: “a PC or PDA/cell phone configured
`to implement the algorithm disclosed in the ’970
`Patent at 8:44–46 and 8:52–57; and equivalents
`thereof”
`The antecedent basis for “the response list” is
`the “list of possible required responses” recited
`in the “means for attaching . . .” limitation.11
`Plain and ordinary meaning12
`
`Plain and ordinary meaning13
`
`Plain and ordinary meaning14
`
`10 Google Claim Construction Order.
`11 Google Claim Construction Order.
`12 Google Claim Construction Order.
`13 Google Claim Construction Order.
`14 Google Claim Construction Order.
`
`5
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`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 6 of 7 PageID #: 3791
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`Construction
`
`“PDA/cellphone equipped with at least a CPU, a
`touch screen display, and memory”15
`
`Plain and ordinary meaning16
`
`“more than two participants associated
`together”17
`
`“characters that together define a geographic
`position”18
`
`Claim Term/Phrase
`
`similarly equipped
`
`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
`group
`
`spatial coordinates
`
`Patent/
`Claims
`’970
`Patent:
`claims
`2, 11
`’970
`Patent:
`claim
`10
`
`’838
`Patent:
`claims
`1, 19,
`54
`’829
`Patent:
`claims
`1, 34,
`35
`’123
`Patent:
`claims
`1, 8, 14,
`15, 17,
`23, 36
`’838
`Patent:
`claims
`1, 54
`’829
`Patent:
`claims
`1, 34,
`35
`’123
`Patent:
`
`15 AGIS Software Development LLC v. T-Mobile USA, Inc., et al., Case No. 2:21-cv-00072-JRG-RSP (Lead Case),
`Dkt. No. 213 (“T-Mobile Claim Construction Order”).
`16 T-Mobile Claim Construction Order.
`17 AGIS Software Development LLC v. Huawei Device USA Inc., et al., Case No. 2:17-cv-00513-JRG-RSP (Lead
`Case), Dkt No. 205 (“Huawei Claim Construction Order”).
`18 Google Claim Construction Order.
`
`6
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`

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`Case 2:22-cv-00263-JRG-RSP Document 70 Filed 06/21/23 Page 7 of 7 PageID #: 3792
`
`Claim Term/Phrase
`
`Construction
`
`Patent/
`Claims
`claims
`1, 14,
`23, 36
`
`7
`
`