Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 1 of 12 PageID #:
`5359
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`EXHIBIT 12
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`

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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 1 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 2 of 12 PageID #:
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`5360
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Case No. 6:23-cv-00160
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`Plaintiff,
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`JURY TRIAL DEMANDED
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`v.
`
`GOOGLE LLC,
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`Defendant.
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Complaint against Defendant Google LLC (“Google” or “Defendant”) for patent infringement
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`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 under
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`the laws of the State of Texas and maintains its principal place of business at 100 W. Houston
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`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and
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`to U.S. Patent No. 8,213,970 (the “Patent-in-Suit”).
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`2.
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`On information and belief, Defendant Google is a Delaware corporation, with a
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`principal address of 1600 Amphitheatre Parkway, Mountain View, California 94043, and has
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`regular and established places of business throughout this District, including at least at 500 West
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`2nd
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`Street,
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`Suite
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`2900,
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`Austin,
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`Texas
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`78701.
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`See
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`https://about.google/intl/en_us/locations/?region=north-america&office=austin.
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` Defendant is
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`registered to do business in Texas and may be served through its registered agent at Corporation
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`

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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 3 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 3 of 12 PageID #:
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`5361
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`District, and has the requisite minimum contacts with this Judicial District, such that this venue is
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`a fair and reasonable one.
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`PATENT-IN-SUIT
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`7.
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`On July 3, 2012, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
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`for Interactive Remote Communications.” On September 1, 2021, the United States Patent and
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`Trademark Office issued an Inter Partes Review Certificate for the ’970 Patent cancelling claims
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`1 and 3-9. On December 9, 2021, the United States Patent and Trademark Office issued an
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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
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`includes the September 1, 2021 Inter Partes Review Certificate and the December 9, 2021
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`Ex Parte Reexamination Certificate, is attached hereto as Exhibit A.
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`8.
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`AGIS is the sole and exclusive owner of all right, title, and interest in the Patent-
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`in-Suit, and holds the exclusive right to take all actions necessary to enforce its rights to the Patent-
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`in-Suit, including the filing of this patent infringement lawsuit. AGIS also has the right to recover
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`all damages for past, present, and future infringement of the Patent-in-Suit and to seek injunctive
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`relief as appropriate under the law.
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`FACTUAL ALLEGATIONS
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`9.
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`Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
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`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
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`portfolio. AGIS Software was formed in 2017 and has since opened two offices in Texas,
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`including one office at 2226 Washington Avenue #2, Waco, Texas 76701. AGIS Software also
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`has a data center in Texas.
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`3
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`

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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 4 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 4 of 12 PageID #:
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`5362
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`10. Mr. Beyer has maintained longstanding ties to Texas and the Western District. In
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`1987, Mr. Beyer founded Advanced Programming Concepts, an Austin-based company focused
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`on real-time tactical command and control systems. Advanced Programming Concepts was later
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`acquired by Ultra Electronics, Inc. and is now the Advanced Tactical Systems unit of Ultra
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`Electronics, Inc., still based in Austin, Texas.
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`11. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
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`shortly after the September 11, 2001 terrorist attacks because he believed that many first responder
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`and civilian lives could have been saved through the implementation of a better communication
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`system. He envisioned and developed a new communication system that would use integrated
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`software and hardware components on mobile devices to give users situational awareness superior
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`to systems provided by conventional military and first responder radio systems.
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`12.
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`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
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`provides first responders, law enforcement, and military personnel with what is essentially a
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`tactical operations center built into hand-held mobile devices. Using GPS-based location
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`technology and existing or special-purpose cellular communication networks, LifeRing users can
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`exchange location, heading, speed, and other information with other members of a group, view
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`each other’s locations on maps and satellite images, and rapidly communicate and coordinate their
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`efforts.
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`13.
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`AGIS Software licenses its patent portfolio, including the ’970 Patent to AGIS, Inc.
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`AGIS, Inc. has marked its products accordingly. AGIS Software and all previous assignees of the
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`Patent-in-Suit have complied with the requirements of 35 U.S.C. § 287(a).
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`14.
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`Defendant manufactures, uses, sells, offers for sale, and/or imports into the United
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`States products, such as [1] Google mobile devices, smartphones, and tablets including, but not
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`4
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 5 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 5 of 12 PageID #:
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`5363
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`limited to: Nexus S, Galaxy Nexus, Nexus 4, Nexus 5, Nexus 6, Nexus 5X, Nexus 6P, Nexus 7 1st
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`Gen., Nexus 7 2nd Gen., Nexus 10, Pixel 2, Pixel 2 XL, Pixel 3, Pixel 3 XL, Pixel 3a XL, Pixel 4,
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`Pixel 4 XL, Pixel 4a, Pixel 4a (5G), Pixel 5, Pixel 5a, Pixel 6, Pixel 6 Pro, Pixel 6a, Pixel 7, Pixel
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`7 Pro, Pixel C, Chromebook Pixel, Google Pixelbook, Google Pixelbook Go, and Pixel Slate; and
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`[2] the Android operating system and Android-based applications and/or services including, but
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`not limited to, Google Find My Device (formerly Android Device Manager), Google Play Protect,
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`Google Play Services, Google Mobile Services, Google Maps, Google Messages, and Google
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`Chrome (collectively, “Accused Products”), as well as Google’s servers for running the
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`aforementioned applications and services. The Accused Products include applications and
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`software including, but not limited to, the above-listed applications and/or features as components
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`of its operating system and as downloads from a pre-installed application store, such as the Play
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`Store, in the Accused Products. The Accused Products, together with Google’s software
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`components such as, but not limited to, Google Find My Device (formerly Android Device
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`Manager), Google Play Protect, Google Play Services, Google Mobile Services, Google Maps,
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`Google Messages, and Google Chrome applications and services which are configured to interact
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`with Google’s servers which provide services related to the above Android OS and Android-based
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`applications and services, among other services provided by Google and utilized by Google’s
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`customers when operating the Accused Products, such as the Google mobile devices, smartphones,
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`and tablets identified herein.
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`15.
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`The Accused Products include functionalities that allow users to share and view
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`locations with other users, display symbols corresponding to locations (including locations of other
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`users or entities) on a map, and initiate communications with other users through the interface of
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`the Accused Products. The Accused Products include the functionalities to display map
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`5
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 6 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 6 of 12 PageID #:
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`5364
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`information, including symbols corresponding with users, entities, and locations. The Accused
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`Products further include the functionalities to remotely control their own lost or stolen devices.
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`The Accused Products further include functionalities to send a forced message alert to which a
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`required response must be transmitted.
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`6
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 7 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 7 of 12 PageID #:
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`5365
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`1
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`1 https://support.google.com/accounts/answer/6160491?hl=en
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` 2
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`7
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 11 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 8 of 12 PageID #:
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`5366
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`correct geographical location of the recipient PDA/cellphone based on at least the location data.
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`For example, the Accused Products include features as shown below.
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`3
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`3 https://support.google.com/accounts/answer/6160491?hl=en
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`11
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`5367
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`4
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`5
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`4 https://support.google.com/accounts/answer/6160491?hl=en
`5 https://support.google.com/accounts/answer/6160491?hl=en#zippy=%2Cuse-find-my-device-
`app
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`12
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 13 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 10 of 12 PageID #:
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`5368
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`6
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`6
`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US&gl=US
`&pli=1
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`13
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 14 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 11 of 12 PageID #:
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`5369
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`7
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`23.
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`AGIS Software has suffered damages as a result of Defendant’s direct and indirect
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`infringement of the ’970 Patent in an amount to be proved at trial.
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`24.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
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`of Defendant’s infringement of the ’970 Patent for which there is no adequate remedy at law unless
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`Defendant’s infringement is enjoined by this Court.
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`25.
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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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`
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`7
`https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US&gl=US
`&pli=1
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`14
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`Case 6:23-cv-00160-DC-DTG Document 1 Filed 03/01/23 Page 16 of 16Case 2:22-cv-00263-JRG-RSP Document 85-13 Filed 07/13/23 Page 12 of 12 PageID #:
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`5370
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`Dated: March 1, 2023
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`
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`
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`Respectfully submitted,
`
`
`
`
`
` /s/Raymond W. Mort, III
`Raymond W. Mort, III
`Texas Bar No. 00791308
`Email: raymort@austinlaw.com
`THE MORT LAW FIRM, PLLC
`100 Congress Avenue, Suite 2000
`Austin, Texas 78701
`Tel/Fax: 512-865-7950
`
`OF COUNSEL:
`
`Alfred R. Fabricant (pro hac vice to be filed)
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos (pro hac vice to be filed
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III (pro hac vice to be filed)
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
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`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT LLC
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`16
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`