`Case 2:22-cv-00263-JRG-RSP Document 85-10 Filed 07/13/23 Page 1 of 4 PagelD #: 5330
`
`EXHIBIT 9
`EXHIBIT 9
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-10 Filed 07/13/23 Page 2 of 4 PageID #: 5331
`Case 2:19-cv-00359 Document 1 Filed 11/04/19 Page 1 of 14 PageID #: 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`
`Plaintiff,
`
`
`
`v.
`
`
`WAZE MOBILE LIMITED,
`
`
`Defendant.
`
`
`
`Case No. 2:19-cv-359
`
`JURY TRIAL DEMANDED
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`original Complaint against Defendant Waze Mobile Limited (“Defendant” or “Waze”) 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. 9,820,123 and 9,749,829 (the “Patents-in-Suit”).
`
`2.
`
`Defendant Waze is an Israeli corporation and maintains a place of business at 98
`
`Alon Igal, 6789141, Tel Aviv Jaffa, Israel. Upon information and belief, Waze does business in
`
`Texas, directly or through intermediaries, and offers its products and/or services, including those
`
`accused herein of infringement, to customers and potential customers located in Texas, including
`
`in the judicial Eastern District of Texas.
`
`
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-10 Filed 07/13/23 Page 3 of 4 PageID #: 5332
`Case 2:19-cv-00359 Document 1 Filed 11/04/19 Page 13 of 14 PageID #: 13
`
`
`
`PRAYER FOR RELIEF
`
`WHEREFORE, AGIS Software prays for relief against Defendant as follows:
`
`a.
`
`Entry of judgment declaring that Defendant has directly and/or indirectly
`
`infringed one or more claims of each of the Patents-in-Suit;
`
`b.
`
`Entry of judgment declaring that Defendant’s infringement of the Patents-in-Suit
`
`has been willful and deliberate;
`
`c.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendant, its
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with it, from further acts of infringement of the Patents-in-Suit;
`
`d.
`
`An order awarding damages sufficient to compensate AGIS Software for
`
`Defendant’s infringement of the Patents-in-Suit, but in no event less than a reasonable royalty,
`
`together with interest and costs;
`
`e.
`
`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
`
`result of Defendant’s willful and deliberate infringement of the Patents-in-Suit;
`
`f.
`
`Entry of judgment declaring that this case is exceptional and awarding AGIS
`
`Software its costs and reasonable attorney fees under 35 U.S.C. § 285; and
`
`g.
`
`Such other and further relief as the Court deems just and proper.
`
`Dated: November 4, 2019
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`MCKOOL SMITH, P.C.
`
`
`
` /s/ Samuel F. Baxter
`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.
`
`13
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-10 Filed 07/13/23 Page 4 of 4 PageID #: 5333
`Case 2:19-cv-00359 Document 1 Filed 11/04/19 Page 14 of 14 PageID #: 14
`
`
`
`
`
`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
`Alessandra C. Messing
`NY Bar No. 5040019
`Email: amessing@brownrudnick.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@brownrudnick.com
`BROWN RUDNICK LLP
`7 Times Square
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`14
`
`
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