Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 1 of 9 PageID #: 5312
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 1 of 9 PagelD #: 5312
`
`EXHIBIT 7
`EXHIBIT 7
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`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 1 of 9 PagelD #: 5312
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`EXHIBIT 7
`EXHIBIT 7
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`
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`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 2 of 9 PageID #: 5313
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 1 of 70 PageID #: 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`GOOGLE LLC,
`
`
`
`Defendant.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`
`Case No.
`
`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 Google LLC (“Defendant” or “Google”) 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. 8,213,970, 9,408,055, 9,445,251, 9,467,838, 9,749,829, and
`
`9,820,123 (the “Patents-in-Suit”).
`
`2.
`
`Defendant Google is a Delaware corporation and maintains its principal place of
`
`business at 1600 Amphitheatre Parkway, Mountain View, California 94043, and may be served
`
`with process via its registered agent, Corporation Service Company at 251 Little Falls Drive,
`
`Wilmington, DE 19808. Upon information and belief, Google does business in Texas, directly
`
`or through intermediaries, and offers its products and/or services, including those accused herein
`
`
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 3 of 9 PageID #: 5314
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 40 of 70 PageID #: 40
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`
`
`COUNT I
`(Infringement of the ’970 Patent)
`
`88.
`
`Paragraphs 1 through 87 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`89.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’970 Patent.
`
`90.
`
`Defendant has and continues to directly infringe at least claim 10 of the ’970
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Products without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`91.
`
`Defendant has and continues to indirectly infringe at least claim 10 of the ’970
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the infringing Accused Products and by instructing users of the
`
`Accused Products to perform at least the method of claim 10 in the ’970 Patent. For example,
`
`Defendant, with knowledge that the Accused Products infringe the ’970 Patent at least as of the
`
`date of this Complaint, actively, knowingly, and intentionally induced, and continues to actively,
`
`knowingly, and intentionally induce, direct infringement of at least claim 10 of the ’970 Patent in
`
`violation of 35 U.S.C. § 271(b).
`
`92.
`
`For example, Defendant has indirectly infringed and continues to indirectly
`
`infringe at least claim 10 of the ’970 Patent in the United States because Defendant’s customers
`
`use such Accused Products, including at least the Find My Device (formerly known as Android
`
`Device Manager) applications and/or services or the Accused Products with the Find My Device
`
`40
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 4 of 9 PageID #: 5315
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 41 of 70 PageID #: 41
`
`
`
`applications and/or services, alone or in conjunction with additional Accused Products, in
`
`accordance with Defendant’s instructions and thereby directly infringe at least claim 10 of the
`
`’970 Patent in violation of 35 U.S.C. § 271. For example, Google directly and/or indirectly
`
`intentionally instructs its customers to infringe through training videos, demonstrations,
`
`brochures, installations and/or user guides, such as those located at one or more of the following:
`
`https://support.google.com/android/answer/6160491?hl=en;
`
`https://support.google.com/android/answer/3265955?hl=en;
`
`https://www.youtube.com/watch?time_continue=10&v=Kic-A51Wqgk, and Google agents and
`
`representatives located within this Judicial District. Defendant is thereby liable for infringement
`
`of the ’970 Patent under 35 U.S.C. § 271(b).
`
`93.
`
`For example, Defendant directly infringes and/or indirectly infringes by
`
`instructing its customers to infringe using Accused Products as shown below.
`
`
`
`41
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 5 of 9 PageID #: 5316
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 42 of 70 PageID #: 42
`
`
`
`
`
`Source: https://support.google.com/accounts/answer/3265955?hl=en
`
`
`
`42
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 6 of 9 PageID #: 5317
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 43 of 70 PageID #: 43
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`
`
`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
`
`
`
`
`
`43
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 7 of 9 PageID #: 5318
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 44 of 70 PageID #: 44
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`
`
`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
`
`
`
`Source: https://play.google.com/store/apps/details?id=com.google.android.apps.adm&hl=en_US
`
`94.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and
`
`indirect infringement of the ’970 Patent in an amount to be proved at trial.
`
`95.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendant’s infringement of the ’970 Patent for which there is no adequate remedy at
`
`law, unless Defendant’s infringement is enjoined by this Court.
`
`96.
`
`Defendant has committed and continues to commit acts of infringement that
`
`Defendant actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendant’s
`
`44
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 8 of 9 PageID #: 5319
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 69 of 70 PageID #: 69
`
`
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`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/ Alfred R. Fabricant
`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
`BROWN RUDNICK LLP
`7 Times Square
`
`69
`
`
`
`Case 2:22-cv-00263-JRG-RSP Document 85-8 Filed 07/13/23 Page 9 of 9 PageID #: 5320
`Case 2:19-cv-00361 Document 1 Filed 11/04/19 Page 70 of 70 PageID #: 70
`
`
`
`
`
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`70
`
`
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