Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 1 of 8 PageID #: 5285
`Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 1 of 8 PagelD #: 5285
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`EXHIBIT 4
`EXHIBIT 4
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`Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 2 of 8 PageID #: 5286
`Case 2:17-cv-00515-JRG Document 1 Filed 06/21/17 Page 1 of 24 PageID #: 1
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`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:17-cv-515
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`JURY TRIAL DEMANDED
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`§§§§§§§§§§§§§§
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`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`
`Plaintiff,
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`
`
`v.
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`LG ELECTRONICS, INC.,
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`
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`Defendant.
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
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`
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Original Complaint against Defendant LG Electronics, Inc. (“Defendant” or “LG”) for patent
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`infringement 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
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`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
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`interest in and to U.S. Patent Nos. 9,467,838, 9,445,251, 9,408,055, and 8,213,970 (the “patents-
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`in-suit”).
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`2.
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`Defendant LG is a corporation formed under the laws of the country of Korea,
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`with its principal place of business at LG Twin Towers 20, Yeouido-Dong, Yeongdeungpo-Gu,
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`Seoul, South Korea 150-721. Upon information and belief, LG does business in Texas, directly
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`or through intermediaries and offers its products and/or services, including those accused herein
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`of infringement, to customers and potential customers located in Texas, including in the judicial
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`Eastern District of Texas.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has jurisdiction over this action pursuant to
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`28 U.S.C. §§ 1331, 1338(a), and 1367.
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`4.
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`This Court has personal jurisdiction over Defendant. Defendant conducts
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`business and has committed acts of patent infringement and/or has induced acts of patent
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`infringement by others in this judicial district and/or has contributed to patent infringement by
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`others in this judicial district, the State of Texas, and elsewhere in the United States.
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`5.
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`Venue is proper in this judicial district pursuant to 28 U.S.C. § 1400(b). LG is a
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`foreign corporation and may be sued in this judicial district. Venue is further proper because,
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`upon information and belief, LG has regular and established places of business in this judicial
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`district and is deemed to reside in this judicial district, has committed acts of infringement in this
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`judicial district, and/or has purposely transacted business involving the accused products in this
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`judicial district.
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`PATENTS-IN-SUIT
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`6.
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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.” A true and correct copy of the ’970 Patent is attached
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`hereto as Exhibit A.
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`2
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`7.
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`On August 2, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
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`Patent is attached hereto as Exhibit B.
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`8.
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`On September 13, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’251
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`Patent is attached hereto as Exhibit C.
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`9.
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`On October 11, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,467,838 (the “’838 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’838
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`Patent is attached hereto as Exhibit D.
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`FACTUAL ALLEGATIONS
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`10. 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. 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-
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`responder and civilian lives could have been saved through the implementation of a better
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`communication system. He envisioned and developed a new communication system that would
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`use integrated software and hardware components on mobile devices to give users situational
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`awareness superior to systems provided by conventional military and first-responder radio
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`systems.
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`3
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`importing into the United States the infringing Accused Devices and by instructing users of the
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`Accused Devices to perform methods claimed in the ’970 Patent. For example, Defendant, with
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`knowledge that the Accused Devices infringe the ’970 Patent at least as of the date of this
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`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
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`and intentionally induce, direct infringement of the ’970 Patent in violation of 35 U.S.C.
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`§ 271(b).
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`20.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 6 of the ’970 Patent in the United States because Defendant’s customers
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`use such devices, including at least the Android Device Manager, Find My Phone, Find My
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`Device, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
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`Latitude, and Google Maps apps installed on the Accused Devices, in accordance with
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`Defendant’s instructions and thereby directly infringe at least claim 6 of the ’970 Patent in
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`violation of 35 U.S.C. § 271. For example, LG directly and/or indirectly intentionally instructs
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`its customers to infringe through training videos, demonstrations, brochures, installations and/or
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`user guides, such as those located at one or more of the following: www.lg.com, www.lg.com/us,
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`https://support.sprint.com/support/article/Use-Android-Device-Manager-with-your-LG-G-
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`Stylo/WHowToSetupGuide_542_GKB86200-dvc8980001prd, and LG agents and
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`representatives located within this judicial district. Defendant is thereby liable for infringement
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`of the ’970 Patent under 35 U.S.C. § 271(b).
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`21.
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`For example, Defendant directly and/or indirectly instructs its customers to
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`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
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`7
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`Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 6 of 8 PageID #: 5290
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`selling and/or importing into the United States the Accused Devices without authority and in
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`violation of 35 U.S.C. § 271(a).
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`54.
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`Defendant has and continues to indirectly infringe at least claim 54 of the ’838
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`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
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`importing into the United States the Accused Devices and by instructing users of the Accused
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`Devices to perform methods claimed in the ’838 Patent. For example, Defendant, with
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`knowledge that the Accused Devices infringe the ’838 Patent at least as of the date of this
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`Complaint, actively, knowingly, and intentionally induced, and continues to actively, knowingly,
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`and intentionally induce direct infringement of the ’838 Patent.
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`55.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 54 of the ’838 Patent in the United States because Defendant’s customers
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`use such devices, including at least the Android Device Manager, Find My Device, Google
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`Maps, Google Messages, Android Messenger, Google Hangouts, Google Plus, and Google
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`Latitude apps installed on the Accused Devices, in accordance with Defendant’s instructions and
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`thereby directly infringe at least one claim of the ’838 Patent in violation of 35 U.S.C. § 271.
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`Defendant directly and/or indirectly intentionally instructs its customers to infringe through
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`training videos, demonstrations, brochures, installations and/or user guides such as those located
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`at one or more of the following: www.lg.com, www.lg.com/us, and LG agents and
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`representatives located within this judicial district. Defendant is thereby liable for infringement
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`of the ’838 Patent under 35 U.S.C. § 271(b).
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`56.
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`For example, Defendant’s Accused Devices are pre-installed with at least the
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`Google Maps app which allows users to share their location and view other users’ locations on a
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`19
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`Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 7 of 8 PageID #: 5291
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`has been willful and deliberate;
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`c.
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`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendant, its
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`officers, agents, servants, employees, attorneys, and those persons in active concert or
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`participation with it, from further acts of infringement of the patents-in-suit;
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`d.
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`An order awarding damages sufficient to compensate AGIS Software for
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`Defendant’s infringement of the patents-in-suit, but in no event less than a reasonable royalty,
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`together with interest and costs;
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`e.
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`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
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`result of Defendant’s willful and deliberate infringement of the patents-in-suit;
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`f.
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`Entry of judgment declaring that this case is exceptional and awarding AGIS
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`Software its costs and reasonable attorney fees under 35 U.S.C. § 285; and
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`g.
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`Such other and further relief as the Court deems just and proper.
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`Dated: June 21, 2017
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`Respectfully submitted,
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`23
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`MCKOOL SMITH, P.C.
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`
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`
`
` /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
`
`
`
`

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`Case 2:22-cv-00263-JRG-RSP Document 85-5 Filed 07/13/23 Page 8 of 8 PageID #: 5292
`Case 2:17-cv-00515-JRG Document 1 Filed 06/21/17 Page 24 of 24 PageID #: 24
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`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
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`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`24
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