Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 1 of 5 PageID #: 5280
`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 1 of 5 PagelD #: 5280
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`EXHIBIT 3
`EXHIBIT 3
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`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 1 of 5 PagelD #: 5280
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`EXHIBIT 3
`EXHIBIT 3
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`
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`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 2 of 5 PageID #: 5281
`Case 2:17-cv-00516-JRG Document 1 Filed 06/21/17 Page 1 of 26 PageID #: 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`
`
`
`
`Case No. 2:17-cv-516
`
`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, Apple, Inc. (“Apple”), 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. 9,467,838, 9,445,251, 9,408,055, and 8,213,970 (collectively,
`
`the “patents-in-suit”).
`
`2.
`
`Upon information and belief, Defendant Apple is a California corporation having
`
`a principal place of business in Cupertino, California and regular and established places of
`
`business at 2601 Preston Road, Frisco, Texas, and 6121 West Park Boulevard, Plano, Texas, as
`
`well as other locations in Texas. Apple offers and sells its products and/or services, including
`
`
`
`§§§§§§§§§§§§§
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`
`Plaintiff,
`
`
`
`v.
`
`
`APPLE, INC.,
`
`
`
`
`
`
`
` Defendant.
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 3 of 5 PageID #: 5282
`Case 2:17-cv-00516-JRG Document 1 Filed 06/21/17 Page 2 of 26 PageID #: 2
`
`
`
`those accused herein of infringement, to customers and potential customers located in Texas,
`
`including in the judicial Eastern District of Texas. Apple may be served with process through its
`
`registered agent for service in Texas: CT Corporation System, 1999 Bryant Street, Suite 900,
`
`Dallas, Texas 75201.
`
`JURISDICTION AND VENUE
`
`3.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to
`
`28 U.S.C. §§ 1331, 1338(a), and 1367.
`
`4.
`
`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). Apple
`
`has regular and established places of business in this judicial district, including in Frisco and
`
`Plano, is deemed to reside in this judicial district, has committed acts of infringement in this
`
`judicial district, and/or has purposely transacted business involving the accused devices in this
`
`judicial district.
`
`5.
`
`This Court has personal jurisdiction over Apple. Apple conducts business and has
`
`committed acts of patent infringement and/or has induced acts of patent infringement by others
`
`in this judicial district and/or has contributed to patent infringement by others in this judicial
`
`district, the State of Texas, and elsewhere in the United States.
`
`PATENTS-IN-SUIT
`
`6.
`
`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.” A true and correct copy of the ’970 Patent is attached
`
`hereto as Exhibit A.
`
`
`
`2
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 4 of 5 PageID #: 5283
`Case 2:17-cv-00516-JRG Document 1 Filed 06/21/17 Page 3 of 26 PageID #: 3
`
`
`
`7.
`
`On August 2, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
`
`Patent is attached hereto as Exhibit B.
`
`8.
`
`On September 13, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’251
`
`Patent is attached hereto as Exhibit C.
`
`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.” A true and correct copy of the ’838
`
`Patent is attached hereto as Exhibit D.
`
`FACTUAL ALLEGATIONS
`
`10. 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.
`
`
`
`3
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-4 Filed 07/13/23 Page 5 of 5 PageID #: 5284
`Case 2:17-cv-00516-JRG Document 1 Filed 06/21/17 Page 26 of 26 PageID #: 26
`
`
`
`g.
`
`Such other and further relief as the Court deems just and proper.
`
`Dated: June 21, 2017
`
`
`
`
`
`
`
`Respectfully submitted,
`
`
`
`
`
`
`
`MCKOOL SMITH, P.C.
`
`
`
`_/s/ Sam 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.
`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
`John A. Rubino
`NY Bar No. 5020797
`Email: jrubino@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
`
`26
`
`
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