Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 1 of 9 PageID #: 5321
`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 1 of 9 PagelD #: 5321
`
`EXHIBIT 8
`EXHIBIT 8
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`

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`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 2 of 9 PageID #: 5322
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 1 of 24 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.
`
`
`SAMSUNG ELECTRONICS CO., LTD.
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`
`
`Defendants.
`
`
`Case No. 2:19-cv-362
`
`JURY TRIAL DEMANDED
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`original Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”)
`
`and Samsung Electronics America, Inc. (“Samsung Electronics America”) (collectively
`
`“Samsung” or “Defendants”) 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. 9,820,123 and 9,749,829 (the “Patents-in-Suit”).
`
`2.
`
`Defendant Samsung Electronics 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. Upon information and
`
` 
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 3 of 9 PageID #: 5323
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 10 of 24 PageID #: 10
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` 
`
`COUNT I
`(Infringement of the ’123 Patent)
`
`17.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`18.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any products that embody the inventions of the ’123 Patent.
`
`19.
`
`Defendants have and continue to directly infringe at least claim 23 of the ’123
`
`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 Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`20.
`
`Defendants have and continue to indirectly infringe at least claim 23 of the ’123
`
`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 Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’123 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’123 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’123 Patent.
`
`21.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 23 of the ’123 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Samsung Messages, Google
`
`Hangouts, Google Plus, Google Latitude, Google Play Protect, and Google Chrome apps
`
`installed on the Accused Devices, in accordance with Defendants’ instructions and thereby
`
`10
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 4 of 9 PageID #: 5324
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 11 of 24 PageID #: 11
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` 
`
`directly infringe at least one claim of the ’123 Patent in violation of 35 U.S.C. § 271. Defendants
`
`directly and/or indirectly intentionally instruct 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://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’123 Patent under 35 U.S.C. § 271(b).
`
`22.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their locations and view other users’ locations on a
`
`map and to communicate with those users via the Google Maps app (as shown below) which is
`
`integrated with Google Messages, Android Messenger, and Samsung Messages and which are
`
`also pre-installed on the Accused Devices.
`
`23.
`
`For example, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Google’s servers and Samsung’s servers which
`
`
`
`11
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`

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`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 5 of 9 PageID #: 5325
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 16 of 24 PageID #: 16
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` 
`
`34.
`
`Defendants have and continue to indirectly infringe at least claim 68 of the ’829
`
`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 Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’829 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’829 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’829 Patent.
`
`35.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 68 of the ’829 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Google Hangouts, Google
`
`Plus, Google Latitude, Google Play Protect, and Google Chrome apps installed on the Accused
`
`Devices, in accordance with Defendants’ instructions and thereby directly infringe at least one
`
`claim of the ’829 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or indirectly
`
`intentionally instruct 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://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’829 Patent under 35 U.S.C. § 271(b).
`
`16
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 6 of 9 PageID #: 5326
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 17 of 24 PageID #: 17
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` 
`
`36.
`
`For example, Defendants directly and/or indirectly instruct its customers to
`
`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
`
`
`
`17
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 7 of 9 PageID #: 5327
`Case 28456200769-dB86RSBocdARHeENtaed 1HenRage 1BaGe4 phgetporlDLg: 5327
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 18 of 24 PageID #: 18
` 
`
`Google offers an Android device-tracking application available at Android Device Manager.Signin
`to the Google Account associated with the device you wish to locate. The following dialog box displays
`over the interactive Google map.
`
`
`
`
`SAMSUNG
`
`f 4
`
`Last located at 5:40 PM
`Dallas, TX, USA - Accurate to 23 meters
`Last used January 17, 2014
`
`Us
`Ring
`
`a)
`Lock
`
`x
`Erase
`
`
`
`Whenyourdevice islocateditsapproximate locationisindicatedbygy on themap. Thedevice
`
`manager also displays the name of the place where the device is located, the time it was located and
`whenit waslast used. The following options are available:
`
`. A : Select a different device associated with your Google Account.
`. sf : Change the device name.
`. @® : Refresh the mapto display the location of yourdevice.
`. UJ i) : Ring yourdevice at full volume forfive minutes, even ifit is setto silentorvibrate.
`. a) : Lockthe device with a new password.
`. K : Perform a factory data reset, which permanently deletes all of your data. Google will
`attempt to erase the contents of the memory cardif it is supported by the device.
`
`
`
`
`+ iay Hap pal parisrecee epeety
`
`2eo0o
`
`Pind afd sirind leer Andioed cewek,
`
`o> WIGNT-S MEW
`
`Find My Device
`
`
`
`
`
`18
`18
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 8 of 9 PageID #: 5328
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 23 of 24 PageID #: 23
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` 
`
`d.
`
`An order awarding damages sufficient to compensate AGIS Software for
`
`Defendants’ 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 Defendants’ 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/ Samuel F. 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
`
`
`
`
`23
`
`

`

`Case 2:22-cv-00263-JRG-RSP Document 85-9 Filed 07/13/23 Page 9 of 9 PageID #: 5329
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 24 of 24 PageID #: 24
`
` 
`
` 
`
`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
`New York, NY 10036
`Telephone: (212) 209-4800
`Facsimile: (212) 209-4801
`
`ATTORNEYS FOR PLAINTIFF,
`AGIS SOFTWARE DEVELOPMENT
`LLC
`
`24
`
`