Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 1 of 21 PageID #:
`5334
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`EXHIBIT 10
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`

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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 2 of 21 PageID #:
`5335
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`WASHINGTON, D.C.
`
`
`
`Investigation No. 337-TA-____
`
`In the Matter of:
`
`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
`
`
`
`
`VERIFIED COMPLAINT UNDER SECTION 337
`OF THE TARIFF ACT OF 1930, AS AMENDED
`
`Complainants:
`
`Advanced Ground Information Systems, Inc.
`92 Lighthouse Dr.
`Jupiter, FL 33469
`Telephone: (561) 744-3213
`
`AGIS Software Development LLC
`100 West Houston Street
`Marshall, TX 75671
`Telephone: (903) 702-1954
`
`Counsel for Complainant:
`
`Evan H. Langdon
`FABRICANT LLP
`1101 Pennsylvania Avenue, Suite 300,
`Washington, DC 20004
`Telephone: (646) 797-4277
`E-mail: Agis_ITC@fabricantllp.com
`
`Alfred R. Fabricant
`Peter Lambrianakos
`Vincent J. Rubino, III
`Enrique W. Iturralde
`Justine Minseon Park
`FABRICANT LLP
`411 Theodore Fremd Avenue, Suite 206
`South Rye, New York 10580
`Telephone: (646) 797-4277
`E-mail: Agis_ITC@fabricantllp.com
`
`
`Proposed Respondents:
`
`Google LLC
`1600 Amphitheatre Parkway
`Mountain View, CA 94043
`Telephone: (650) 253-0000
`
`Samsung Electronics, Co., Ltd.
`12 Samsung-Ro
`Maetan-3dong, Yeongtong-gu
`Suwon, 443-742, South Korea
`Telephone: (822) 225-0114
`
`Samsung Electronics America, Inc.
`85 Challenger Rd.
`Ridgefield Park, New Jersey 07660
`Telephone: (201) 229-4000
`
`OnePlus Technology (Shenzhen) Co., Ltd.
`18F, Tairan Building, Block C
`Tairan 8th Road
`Chgongmiao, Futian District
`Shenzhen, Guangdong 518040, China
`
`TCL Technology Group Corporation
`22/F, TCL Technology Building, No. 17
`Huifeng 3rd Road
`Zhongkai High-Tech Development District
`Huizhou, Guangdong, China 516006
`
`TCL Electronics Holdings Limited
`7th Floor, Building 22E
`
`1
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 3 of 21 PageID #:
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`Matthew D. Aichele
`RUSS AUGUST & KABAT
`800 Maine Ave. SW, Suite 200
`Washington, DC 20024
`Telephone: (202) 664-0623
`E-mail: maichele@raklaw.com
`
`
`22 Science Park East Avenue
`Hong Kong Science Park
`Hong Kong
`
`TCL Communication Technology Holdings
`Limited
`5/F, Building 22E,
`22 Science Park East Avenue
`Hong Kong Science Park, Shatin,
`New Territories, Hong Kong
`
`TCT Mobile (US) Inc.
`25 Edelman, Suite 200
`Irvine, CA 92618
`Telephone: (949) 892-2990
`
`Lenovo Group Ltd.
`6 Chuang ye Road, Haidian District
`Beijing 100085, China
`Telephone: (852) 2590-0228
`
`Lenovo (United States) Inc.
`1009 Think Place, Building One
`Morrisville, NC 27560
`Telephone: (855) 253-6686
`
`Motorola Mobility LLC
`222 W Merchandise Mart Plaza, Suite 1800
`Chicago, IL 60654
`Telephone: (800) 668-6765
`
`HMD Global
`Karaportti 2, FIN-02610
`Espoo, Finland
`
`HMD Global OY
`Bertel Jungin aukio 9, 02600
`Espoo, Finland
`
`HMD America, Inc.
`1200 Brickell Ave., Suite 510
`Miami, FL 33131
`
`Sony Corporation
`1-7-1 Konan Minato-ku
`Tokyo, 108-0075, Japan
`
`2
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 4 of 21 PageID #:
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`Telephone: 81-3-6748-2111
`
`Sony Mobile Communications, Inc.
`4-12-3 Higashi-Shinagawa, Shinagawa-ku
`Tokyo, 140-0002, Japan
`Telephone: (855) 806-8464
`
`ASUSTek Computer Inc.
`No. 15, Li-Te Rd.
`Beitou Dist., Taipei 112, Taiwan
`Telephone: (866) 2-2894-3447
`
`ASUS Computer International
`48720 Kato Rd.
`Fremont, CA 94538
`Telephone: (510) 739-3777
`
`Caterpillar Inc.
`100 NE Adams St.
`Peoria, IL 61629
`Telephone: (309) 675-2337
`
`BLU Products
`10814 NW 33rd Street
`Doral, FL 33172
`Telephone: (877) 639-6393
`
`Panasonic Corporation
`1006 Oaza Kadoma-shi
`Kadoma 571-8501
`Osaka, Japan
`Phone: +81-6-6908-1121
`Fax: +81-6-6908-2351
`
`Panasonic Corporation of North America
`1 Panasonic Way
`Secaucus, New Jersey 07094
`Phone: (201) 348-7000
`Fax: (201) 348-7016
`
`Kyocera Corporation
`6 Takeda Tobadono-cho, Fushmi-ku
`Kyoto, Japan 612-8501
`
`Xiaomi Corporation
`Maples Corporate Services Limited
`
`3
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 5 of 21 PageID #:
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`P.O. Box 309
`Ugland House
`Grand Cayman, KY1-1104, Cayman Islands
`
`68 Qinghe Middle Street
`Haidian District
`Beijing, China 100085
`
`Xiaomi H.K. Ltd.
`Unit 806, Tower 2 8/F
`Cheung Sha Wan Plaza
`833 Cheung Sha Wan Road
`Kowloon City, Hong Kong
`
`Xiaomi Communications Co., Ltd.
`Xiaomi Office Building
`68 Qinghe Middle Street
`Haidian District
`Beijing, China 100085
`
`Xiaomi Inc.
`Xiaomi Office Building
`68 Qinghe Middle Street
`Haidian District
`Beijing, China 100085
`
`
`4
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 6 of 21 PageID #:
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`I.
`
`INTRODUCTION
`
`1.
`
`This Complaint is filed by AGIS Software Development LLC (“AGIS Software”)
`
`and Advanced Ground Information Systems, Inc. (“AGIS, Inc.”) (collectively, “AGIS” or
`
`“Complainants”), pursuant to Section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. § 1337
`
`(“Section 337”), based on the unlawful offer for sale for importation into the United States, sale
`
`for importation into the United States, importation into the United States, and/or sale within the
`
`United States after importation of certain location-sharing systems, related software, components
`
`thereof, and products containing same (“Accused Products”) by proposed Respondents: Google
`
`LLC, Samsung Electronics Co., Ltd., Samsung Electronics America, Inc., OnePlus Technology
`
`(Shenzhen) Co., Ltd., TCL Technology Group Corporation, TCL Communication Technology
`
`Holdings Limited, TCL Electronics Holdings Limited, TCT Mobile (US), Inc., Lenovo Group
`
`Ltd., Lenovo (United States) Inc., Motorola Mobility LLC, HMD Global, HMD Global OY, HMD
`
`America, Inc., Sony Corporation, Sony Mobile Communications, Inc., ASUSTek Computer Inc.,
`
`ASUS Computer International, Caterpillar Inc., BLU Products, Inc., Panasonic Corporation,
`
`Panasonic Corporation of America, Kyocera Corporation, Xiaomi Corporation, Xiaomi H.K. Ltd.,
`
`Xiaomi Communications Co., Ltd., and Xiaomi Inc. (the “Proposed Respondents”).
`
`2.
`
`Proposed Respondents’ Accused Products infringe one or more claims of U.S.
`
`Patent Nos. 8,213,970 (“the ’970 Patent, attached as Ex. 1); 9,467,838 (“the ’838 patent,” attached
`
`as Ex. 2); 9,445,251 (“the ’251 patent,” attached as Ex. 3); 9,749,829 (“the ’829 patent,” attached
`
`as Ex. 4); and 9,820,123 (“the ’123 patent,” attached as Ex. 5) (collectively, “the Asserted AGIS
`
`Patents”), in violation of Section 337(a)(1)(B).
`
`3.
`
`The Accused Products infringe at least the following claims of the Asserted AGIS
`
`Patents in violation of Section 337(a)(1)(B)(i) and 35 U.S.C. §§ 271(a)-(c), either literally or under
`
`the doctrine of equivalents:
`
`16
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`14.
`
`AGIS Software obtained the intellectual property of AGIS Inc. and AGIS Holdings
`
`and holds all rights, title, and interest in and to the Asserted AGIS Software Patents.
`
`15.
`
`Complainants have dedicated significant labor and financial resources in the United
`
`States to invent, design, develop, engineer, test, and calibrate several improved location-sharing
`
`systems, devices, and software. As a result of Complainants’ investments, it has developed certain
`
`valuable know-how relating to the design, development, engineering, assembly, and testing of
`
`location-sharing systems, related software, and products, and to the distribution and sale of such
`
`location-sharing devices and software. Furthermore, as discussed below in Section IV,
`
`Complainants filed patent applications to protect certain aspects of these improved location-
`
`sharing devices and software. Those filings have resulted in multiple issued United States patents,
`
`including the Asserted AGIS Patents.
`
`B.
`
`16.
`
`The Proposed Respondents
`
`On information and belief, the Proposed Respondents include original equipment
`
`manufacturers, re-sellers, and distributors, including agents therefor, that import, sell for
`
`importation, offer for sale, and/or sell within the United States after importation of location-sharing
`
`systems, related software, components thereof, and products containing same that infringe one or
`
`more claims of the Asserted AGIS Patents.
`
`1. Google LLC
`
`17.
`
`On information and belief, Proposed Respondent Google LLC (“Google”) is a
`
`limited liability company organized and existing under the State of Delaware, with its principal
`
`place of business at 1600 Amphitheatre Parkway, Mountain View, California 94043. On
`
`information and belief, Google manufactures, imports into the United States, sells for importation,
`
`markets, offers for sale, sells, and distributes within the United States after importation Accused
`
`Products that directly infringe, literally and/or under the doctrine of equivalents, one or more
`
`20
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`claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section 337(a)(1)(B)(i).
`
`The Google Accused Products satisfy all claim limitations of one or more claims of the Asserted
`
`AGIS Patents at the time of importation into the United States.
`
`2. Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc.
`
`18.
`
`On information and belief, Proposed Respondent Samsung Electronics Co., Ltd. is
`
`a corporation organized and existing under the laws of the Republic of Korea, with its principal
`
`place of business at 129 Samsung-Ro, Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 443-742,
`
`Republic of Korea. On information and belief, Samsung Electronics Co., Ltd. manufactures the
`
`Accused Products in Korea and imports, sells for importation, offers for sale, and/or sells within
`
`the United States after importation the Accused Products.
`
`19.
`
`On information and belief, Proposed Respondent Samsung Electronics America,
`
`Inc. is a corporation organized under the laws of the State of New York, with its principal place of
`
`business at 85 Challenger Road, Ridgefield Park, NJ 07660. On information and belief, Samsung
`
`Electronics America, Inc. imports, sells for importation, markets, offers for sale, sells, and
`
`distributes within the United States after importation the Accused Products manufactured by
`
`Samsung Electronics Co., Ltd.
`
`20.
`
`On information and belief, Samsung Electronics Co., Ltd. and Samsung Electronics
`
`America, Inc. are related entities; these entities are therefore collectively referred to herein as
`
`“Samsung.”
`
`21.
`
`As further detailed below, Samsung manufactures, imports into the United States,
`
`sells for importation, markets, sells, and distributes within the United States after importation one
`
`or more Accused Products that directly infringe, literally and/or under the doctrine of equivalents,
`
`one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section
`
`21
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 9 of 21 PageID #:
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`337(a)(1)(B)(i). The Samsung Accused Products satisfy all claim limitations of one or more claims
`
`of the Asserted AGIS Patents at the time of importation into the United States.
`
`3. OnePlus Technology (Shenzhen) Co., Ltd.
`
`22.
`
`On information and belief, Proposed Respondent OnePlus Technology (Shenzhen)
`
`Co., Ltd. (“OnePlus”) is a corporation organized and existing under the laws of China, with its
`
`principal place of business located at 18F, Tairan Building, Block C, Tairan 8th Road,
`
`Chegongmiao, Futian District, Shenzhen, Guangdong 518040, China. On information and belief,
`
`OnePlus manufactures, imports into the United States, sells for importation, markets, offers for
`
`sale, sells, and distributes within the United States after importation the Accused Products that
`
`directly infringe, literally and/or under the doctrine of equivalents, one or more claims of the
`
`Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section 337(a)(1)(B)(i). The
`
`OnePlus Accused Products satisfy all claim limitations of one or more claims of the Asserted AGIS
`
`Patents at the time of importation into the United States.
`
`4. TCL Technology Group Corporation, TCL Communication Technology
`Holdings Limited, TCL Electronics Holdings Limited, and TCT Mobile
`(US) Inc.
`
`23.
`
`On information and belief, Proposed Respondent TCL Technology Group
`
`Corporation f/k/a TCL Corporation (“TCL Technology”) is a corporation organized and existing
`
`under the laws of China, with its principal place of business at 22/F, TCL Technology Building,
`
`No. 17, Huifeng 3rd Road, Zhongkai High-Tech Development District, Huizhou, Guangdong,
`
`China 516006.1 On information and belief, TCL Technology manufactures the Accused Products
`
` 
`1 See Ironworks Patents, LLC v. TCL Comm’n Tech. Hldgs. Ltd. et al., No. 2:18-cv-02472-AB-
`AGR, Dkt. 46 (C.D. Cal. Aug. 3, 2018).
`
`22
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`5. Lenovo Group Ltd., Lenovo (United States) Inc., and Motorola Mobility
`LLC
`
`29.
`
`On information and belief, Proposed Respondent Lenovo Group Ltd. (“Lenovo
`
`Group”) is a company organized and existing under the laws of China, with its principal place of
`
`business located at 6 Chuang ye Road, Haidian District, Beijing 100085, China. On information
`
`and belief, Lenovo Group manufactures, imports, sells for importation, offers for sale, and/or sells
`
`within the United States after importation the Lenovo Accused Products.
`
`30.
`
`Proposed Respondent Lenovo (United States) Inc. (“Lenovo US”) is a Delaware
`
`Corporation with its principal place of business at 1009 Think Place, Building One, Morrisville,
`
`NC 27560. On information and belief, Lenovo US manufactures, imports, sells for importation,
`
`offers for sale, and/or sells within the United States after importation the Accused Products.
`
`31.
`
`Respondent Motorola Mobility LLC (“Motorola”) is a Delaware limited liability
`
`company with its principal place of business at 222 W. Merchandise Mart Plaza, Suite 1800,
`
`Chicago, IL 60654. On information and belief, Motorola manufactures, imports, sells for
`
`importation, offers for sale, and/or sells within the United States after importation the Accused
`
`Products.
`
`32.
`
`On information and belief, Lenovo Group, Lenovo US, and Motorola are related
`
`entities; these entities are therefore collectively referred to herein as “Lenovo.”
`
`33.
`
`As further detailed below, Lenovo manufactures, imports into the United States,
`
`sells for importation, markets, sells, and distributes within the United States after importation one
`
`or more Accused Products that directly infringe, literally and/or under the doctrine of equivalents,
`
`one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section
`
`337(a)(1)(B)(i). The Lenovo Accused Products satisfy all claim limitations of one or more claims
`
`of the Asserted AGIS Patents at the time of importation into the United States.
`
`25
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`6. HMD Global, HMD Global OY, and HMD America, Inc.
`
`34.
`
`On information and belief, Proposed Respondent HMD Global (“HMD Global”) is
`
`a company organized and existing under the laws of Finland, with its principal place of business
`
`located at Karaportti 2, FIN-02610, Espoo, Finland. On information and belief, HMD Global
`
`manufactures, imports, sells for importation, offers for sale, and/or sells within the United States
`
`after importation the HMD Accused Products.
`
`35.
`
`Proposed Respondent HMD Global OY (“HMD Global OY”) is a company
`
`organized and existing under the laws of Finland, with its principal place of business at Bertel
`
`Jungin aukio 9, 02600, Espoo, Finland. On information and belief, HMD Global OY
`
`manufactures, imports, sells for importation, offers for sale, and/or sells within the United States
`
`after importation the Accused Products.
`
`36.
`
`Proposed Respondent HMD America, Inc. (“HMD America”) is a corporation
`
`organized and existing under the laws of the state of Florida, with its principal place of business at
`
`1200 Brickell Ave., Suite 510, Miami, Florida 33131. On information and belief, HMD America
`
`offers for sale and/or sells within the United States after importation the Accused Products.
`
`37.
`
`On information and belief, HMD Global, HMD Global OY, and HMD America are
`
`related entities; these entities are therefore collectively referred to herein as “HMD.”
`
`38.
`
`As further detailed below, HMD manufactures, imports into the United States, sells
`
`for importation, markets, sells, and distributes within the United States after importation one or
`
`more Accused Products that directly infringe, literally and/or under the doctrine of equivalents,
`
`one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section
`
`337(a)(1)(B)(i). The HMD Accused Products satisfy all claim limitations of one or more claims
`
`of the Asserted AGIS Patents at the time of importation into the United States.
`
`26
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`7. Sony Corporation and Sony Mobile Communications, Inc.
`
`39.
`
`On information and belief, Proposed Respondent Sony Corporation (“Sony
`
`Corporation”) is a company organized and existing under the laws of Japan, with its principal place
`
`of business located at 1-7-1 Konan Minato-ku, Tokyo, 108-0075, Japan. On information and
`
`belief, Sony Corporation manufactures, imports, sells for importation, offers for sale, and/or sells
`
`within the United States after importation the Sony Accused Products.
`
`40.
`
`Proposed Respondent Sony Mobile Communications, Inc. (“Sony Mobile”) is a
`
`corporation organized and existing under the laws of the state of New York with its principal place
`
`of business at 4-12-3 Higashi-Shinagawa, Shinagawa-ku, Tokyo, 140-0002, Japan. On
`
`information and belief, Sony Mobile manufactures, imports, sells for importation, offers for sale,
`
`and/or sells within the United States after importation the Accused Products.
`
`41.
`
`On information and belief, Sony Corporation and Sony Mobile are related entities;
`
`these entities are therefore collectively referred to herein as “Sony.”
`
`42.
`
`As further detailed below, Sony manufactures, imports into the United States, sells
`
`for importation, markets, sells, and distributes within the United States after importation one or
`
`more Accused Products that directly infringe, literally and/or under the doctrine of equivalents,
`
`one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section
`
`337(a)(1)(B)(i). The Sony Accused Products satisfy all claim limitations of one or more claims of
`
`the Asserted AGIS Patents at the time of importation into the United States.
`
`8. ASUSTek Computer Inc. and ASUS Computer International
`
`43.
`
`On information and belief, Proposed Respondent ASUSTek Computer Inc.
`
`(“ASUSTek Computer”) is a company organized and existing under the laws of Taiwan, with its
`
`principal place of business located at No. 15, Li-Te Rd., Beitou District, Taipei City 112, Taiwan.
`
`27
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`On information and belief, ASUSTek Computer manufactures, imports, sells for importation,
`
`offers for sale, and/or sells within the United States after importation the ASUS Accused Products.
`
`44.
`
`Proposed Respondent ASUS Computer International (“ASUS Computer”) is a
`
`company organized and existing under the laws of State of California, with its principal place of
`
`business at 48720 Kato Road, Fremont, California 94538. On information and belief, ASUS
`
`Computer manufactures, imports, sells for importation, offers for sale, and/or sells within the
`
`United States after importation the Accused Products.
`
`45.
`
`On information and belief, ASUSTek Computer and ASUS Computer are related
`
`entities; these entities are therefore collectively referred to herein as “ASUS.”
`
`46.
`
`As further detailed below, ASUS manufactures, imports into the United States, sells
`
`for importation, markets, sells, and distributes within the United States after importation one or
`
`more Accused Products that directly infringe, literally and/or under the doctrine of equivalents,
`
`one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section
`
`337(a)(1)(B)(i). The ASUS Accused Products satisfy all claim limitations of one or more claims
`
`of the Asserted AGIS Patents at the time of importation into the United States.
`
`9. Caterpillar Inc.
`
`47.
`
`On information and belief, Proposed Respondent Caterpillar Inc. (“Caterpillar”) is
`
`a corporation organized and existing under the laws of the state of Delaware, with its principal
`
`place of business located at 100 NE Adams St., Peoria, Illinois 61629 . On information and belief,
`
`Caterpillar manufactures, imports into the United States, sells for importation, markets, offers for
`
`sale, sells, and distributes within the United States after importation the Accused Products that
`
`directly infringe, literally and/or under the doctrine of equivalents, one or more claims of the
`
`Asserted AGIS Patents in violation of 35 U.S.C. § 271(a) and Section 337(a)(1)(B)(i). The
`
`28
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`Caterpillar Accused Products satisfy all claim limitations of one or more claims of the Asserted
`
`AGIS Patents at the time of importation into the United States.
`
`10. BLU Products, Inc.
`
`48.
`
`On information and belief, Proposed Respondent BLU Products, Inc. (“BLU”) is a
`
`corporation organized and existing under laws of the state of Florida, with its principal place of
`
`business located at 10814 NW 33rd Street, Doral, Florida 33172. On information and belief, BLU
`
`manufactures, imports into the United States, sells for importation, markets, offers for sale, sells,
`
`and distributes within the United States after importation the Accused Products that directly
`
`infringe, literally and/or under the doctrine of equivalents, one or more claims of the Asserted
`
`AGIS Patents in violation of 35 U.S.C. § 271(a) and Section 337(a)(1)(B)(i). The BLU Accused
`
`Products satisfy all claim limitations of one or more claims of the Asserted AGIS Patents at the
`
`time of importation into the United States.
`
`11. Panasonic Corporation and Panasonic Corporation of North America
`
`49.
`
`On information and belief, Proposed Respondent Panasonic Corporation is a
`
`corporation organized under the laws of Japan and headquartered at 1006, Oaza Kadoma, Kadoma-
`
`shi, Osaka 571-8501, Japan. On information and belief, Panasonic Corporation manufactures the
`
`Accused Products in Japan and imports, sells for importation, offers for sale, and/or sells within
`
`the United States after importation the Accused Products.
`
`50.
`
`On information and belief, Proposed Respondent Panasonic Corporation of North
`
`America is a corporation organized and existing under the laws of the state of New Jersey and
`
`headquartered at Two Riverfront Plaza, 828 McCarter Highway, Newark, New Jersey 07102. On
`
`information and belief, Panasonic Corporation of North America imports, sells for importation,
`
`markets, offers for sale, sells, and distributes within the United States after importation the
`
`Accused Products manufactured by Panasonic Corporation.
`
`29
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 15 of 21 PageID #:
`5348
`
`51.
`
`On information and belief, Panasonic Corporation and Panasonic Corporation of
`
`North America are related entities; these entities are therefore collectively referred to herein as
`
`“Panasonic.”
`
`52.
`
`As further detailed below, Panasonic manufactures, imports into the United States,
`
`sells for importation, markets, offers for sale, sells, and distributes within the United States after
`
`importation the Accused Products that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a)
`
`and Section 337(a)(1)(B)(i). The Panasonic Accused Products satisfy all claim limitations of one
`
`or more claims of the Asserted AGIS Patents at the time of importation into the United States.
`
`12. Kyocera Corporation
`
`53.
`
`On
`
`information and belief, Proposed Respondent Kyocera Corporation
`
`(“Kyocera”) is a corporation organized under the laws of Japan with a place of business at 6 Takeda
`
`Tobadono-cho, Fushmi-ku, Kyoto, Japan 612-8501. On information and belief, Kyocera
`
`manufactures, imports into the United States, sells for importation, markets, offers for sale, sells,
`
`and distributes within the United States after importation the Accused Products that directly
`
`infringe, literally and/or under the doctrine of equivalents, one or more claims of the Asserted
`
`AGIS Patents in violation of 35 U.S.C. § 271(a) and Section 337(a)(1)(B)(i). The Kyocera
`
`Accused Products satisfy all claim limitations of one or more claims of the Asserted AGIS Patents
`
`at the time of importation into the United States.
`
`13. Xiaomi Corporation, Xiaomi Communications Co., Ltd., Xiaomi H.K.
`Ltd., and Xiaomi Inc.
`
`54.
`
`On information and belief, Proposed Respondent Xiaomi Corporation is a
`
`corporation organized under the laws of the Cayman Islands with a place of business at Maples
`
`Corporate Services Limited, P.O. Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman
`
`30
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 16 of 21 PageID #:
`5349
`
`58.
`
`On information and belief, Xiaomi Corporation, Xiaomi H.K. Ltd., Xiaomi
`
`Communications Co., Ltd., and Xiaomi Inc. are related entities; these entities are therefore
`
`collectively referred to herein as “Xiaomi.”
`
`59.
`
`On information and belief, Xiaomi manufactures, imports into the United States,
`
`sells for importation, markets, offers for sale, sells, and distributes within the United States after
`
`importation the Accused Products that directly infringe, literally and/or under the doctrine of
`
`equivalents, one or more claims of the Asserted AGIS Patents in violation of 35 U.S.C. § 271(a)
`
`and Section 337(a)(1)(B)(i). The Xiaomi Accused Products satisfy all claim limitations of one or
`
`more claims of the Asserted AGIS Patents at the time of importation into the United States.
`
`III. THE TECHNOLOGY AND PRODUCTS AT ISSUE
`
`60.
`
`Pursuant to 19 C.F.R. §§ 210.10(b)(1) and 210.12(a)(12), the categories of products
`
`accused of infringing one or more of the Asserted AGIS Patents are mobile devices containing
`
`location-sharing software, mobile phones and tablets containing location-sharing software,
`
`notebook and laptop computers containing location- sharing software, and associated components
`
`thereof. Proposed Respondents infringe the Asserted AGIS Patents through the sale for
`
`importation into the United States, importation into the United States, and/or sale within the United
`
`States after importation of such Accused Products. Exemplary identifications of such infringing
`
`products are provided in Section VI below.
`
`61. Without discovery, Complainants cannot exhaustively identify all devices sold for
`
`importation into the United States, imported into the United States, and/or sold within the United
`
`States after importation that infringe the Asserted AGIS Patents. Complainants reserve the right
`
`to supplement its allegations, to further amend this Complaint, and to add respondents and accused
`
`products in the future, if necessary, based on discovery received during the Investigation.
`
`32
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 17 of 21 PageID #:
`5350
`
`series of photographs of the product. Labels on the product state that the product was “Made in
`
`Japan.” Exhibit 131.
`
`M.
`
`Xiaomi
`
`139. On information and belief, Xiaomi imports, sells for importation, and/or sells
`
`within the United States after importation, the Xiaomi Accused Products, including the
`
`representative Xiaomi 11T, that infringe the Asserted Patents.
`
`140. The specific instances set forth below are representative examples of Xiaomi’s
`
`unlawful importation, sale for importation, and/or sale within the United States after importation
`
`of infringing products.
`
`141. Prior to filing the Complaint, representatives for Complainants purchased the
`
`representative Accused Products in the United States. Exhibit 133 includes a copy of the receipt
`
`for purchase in the United States of a representative product and Exhibits 134 - 135 include a
`
`series of photographs of the product. Labels on the product state that the product was “Made in
`
`China.” Exhibit 134.
`
`VI. UNLAWFUL AND UNFAIR ACTS OF THE PROPOSED RESPONDENTS
`
`142. Complainants assert that Proposed Respondents infringe, literally and/or under the
`
`doctrine of equivalents, at least the following claims of the Asserted Patents, in violation of 35
`
`U.S.C. §§ 271(a), (b), and (c). Without discovery, Complainants cannot exhaustively identify all
`
`devices sold for importation into the United States, imported into the United States, and/or sold
`
`within the United States after importation that infringe the Asserted Patents. Complainants reserve
`
`their right to supplement its allegations, to further amend this Complaint, and to add respondents
`
`and accused products in the future, if necessary, based on discovery received during the
`
`Investigation.
`
`48
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`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 18 of 21 PageID #:
`5351
`
`Respondent
`Google
`Samsung Respondents
`OnePlus
`TCL Respondents
`Lenovo Respondents
`HMD Respondents
`Sony Respondents
`ASUS Respondents
`Caterpillar
`BLU
`Panasonic
`Kyocera
`Xiaomi
`Google
`
`Samsung Respondents
`
`OnePlus
`
`TCL Respondents
`
`Lenovo Respondents
`
`HMD Respondents
`
`Sony Respondents
`
`ASUS Respondents
`
`Caterpillar
`
`BLU
`
`Panasonic
`
`Kyocera
`
`Xiaomi
`Google
`Samsung Respondents
`
`Claims
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`2, 10-13
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 3, 5-10, 16, 19, 25, 38, 40,
`54-56, 61-64, 68, 71, 72, 80, 84
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`
`Patent No.
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’970 Patent
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`
`’838 Patent
`’251 Patent
`’251 Patent
`
`49
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-11 Filed 07/13/23 Page 19 of 21 PageID #:
`5352
`
`Respondent
`OnePlus
`TCL Respondents
`Lenovo Respondents
`HMD Respondents
`Sony Respondents
`ASUS Respondents
`Caterpillar
`BLU
`Panasonic
`Kyocera
`Xiaomi
`Google
`Samsung Respondents
`OnePlus
`TCL Respondents
`Lenovo Respondents
`HMD Respondents
`Sony Respondents
`ASUS Respondents
`Caterpillar
`BLU
`Panasonic
`Kyocera
`Xiaomi
`Google
`Samsung Respondents
`OnePlus
`TCL Respondents
`Lenovo Respondents
`HMD Respondents
`Sony Respondents
`ASUS Respondents
`Caterpillar
`BLU
`Panasonic
`Kyocera
`
`Claims
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-31, 35
`1, 2, 5, 7, 8, 23-25, 28-3