Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 1 of 35 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`BLU PRODUCTS,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No.
`§
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`JURY TRIAL DEMANDED
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Defendant.
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`Complaint against Defendant BLU Products (“BLU” or “Defendant”) 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
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`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, 9,445,251, 9,467,838, 9,749,829, and 9,820,123 (the “Patents-in-
`
`Suit”).
`
`2.
`
`On information and belief, Defendant is a corporation organized and existing under
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`the laws of the State of Florida, with a principal place of business at 10814 NW 33rd Street, Doral,
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`Florida 33172. On information and belief, Defendant may be served with process through its
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`registered agent at 2999 NE 191st Street #407, Aventura, Florida 33180.
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`3.
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`Defendant has authorized sellers and sales representatives that offer and sell
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`products pertinent to this Complaint through the State of Texas, including in this Judicial District,
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 2 of 35 PageID #: 2
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`and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281 Loop,
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`Suite 100, Longview, Texas 75605; and Walmart, 1701 E. End Blvd. N., Marshall, Texas 75670;
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`515 E. Loop 281, Longview, Texas 756705; and 4006 Estes Pkwy, Longview, Texas 75603.
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`JURISDICTION AND VENUE
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`4.
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`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 subject matter jurisdiction over this action pursuant
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`to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`5.
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`This Court has specific and personal jurisdiction over Defendant consistent with
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`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
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`Arm Statute. On information and belief, Defendant has sufficient minimum contacts with the
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`forum because Defendant transacts substantial business in the State of Texas and in this Judicial
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`District. Further, Defendant has, directly or through subsidiaries or intermediaries, committed and
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`continue to commit acts of patent infringement in the State of Texas and in this Judicial District as
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`alleged in this Complaint, as alleged more particularly below.
`
`6.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
`
`because Defendant is subject to personal jurisdiction in this Judicial District, have committed acts
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`of patent infringement in this Judicial District, and have regular and established places of business
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`in this Judicial District. Defendant, through its own acts and/or through the acts of others, makes,
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`uses, sells, and/or offers to sell infringing products within this Judicial District, regularly do and
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`solicit business in this Judicial District, and has the requisite minimum contacts with the Judicial
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`District, such that this venue is a fair and reasonable one. Further, on information and belief,
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`Defendant has admitted or not contested proper venue in this Judicial District in other patent
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`infringement actions.
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`2
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 3 of 35 PageID #: 3
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`PATENTS-IN-SUIT
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`7.
`
`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.” On September 1, 2021, the United States Patent and
`
`Trademark Office issued an Inter Partes Review Certificate for the ’970 Patent cancelling claims
`
`1 and 3-9. On December 9, 2021, the United States Patent and Trademark Office issued an
`
`Ex Parte Reexamination Certificate for the ’970 Patent determining claims 2 and 10 (as amended)
`
`and claims 11-13 to be valid and patentable. A true and correct copy of the ’970 Patent, which
`
`includes the September 1, 2021 Inter Partes Review Certificate and the December 9, 2021
`
`Ex Parte Reexamination Certificate, is attached hereto as Exhibit A.
`
`8.
`
`On September 13, 2016, the United States and Trademark Office duly and legally
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`issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc and
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`Password Protected Digital and Voice Networks.” On June 8, 2021, the United States Patent and
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`Trademark Office issued an Ex Parte Reexamination Certificate of the ’251 Patent determining
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`claims 1-35 to be valid and patentable. A true and correct copy of the ’251 Patent, which includes
`
`the June 8, 2021 Ex Parte Reexamination Certificate, is attached hereto as Exhibit B.
`
`9.
`
`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
`
`and Password Protected Digital and Voice Networks.” On May 27, 2021, the United States Patent
`
`and Trademark Office issued an Ex Parte Reexamination Certificate for the ’838 Patent confirming
`
`the validity and patentability of claims 1-84. A true and correct copy of the ’838 Patent, which
`
`includes the May 27, 2021 Ex Parte Reexamination Certificate, is attached hereto as Exhibit C.
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`3
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 4 of 35 PageID #: 4
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`10.
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`On August 29, 2017, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” On August 16, 2021, the United States
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`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’829 Patent
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`confirming the validity and patentability of claims 1-68. A true and correct copy of the ’829 Patent,
`
`which includes the August 16, 2021 Ex Parte Reexamination Certificate, is attached hereto as
`
`Exhibit D.
`
`11.
`
`On November 14, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,820,123 (the “’123 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” On September 24, 2021, the United States
`
`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’123 Patent
`
`confirming the validity and patentability of claims 1-48. A true and correct copy of the ’123 Patent,
`
`which includes the September 24, 2021 Ex Parte Reexamination Certificate, is attached hereto as
`
`Exhibit E.
`
`12.
`
`AGIS Software is the sole and exclusive owner of all rights, title, and interest in the
`
`Patents-in-Suit, and holds the exclusive right to take all actions necessary to enforce its rights to
`
`the Patents-in-Suit, including the filing of this patent infringement lawsuit. AGIS Software also
`
`has the right to recover all damages for past, present, and future infringement of the Patents-in-
`
`Suit and to seek injunctive relief as appropriate under the law.
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`FACTUAL ALLEGATIONS
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`13. 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 Software
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`patent portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
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`4
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 5 of 35 PageID #: 5
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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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`14.
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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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`15.
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`AGIS Software licenses its patent portfolio, including the ’970, ’251, ’838, ’829,
`
`and ’123 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS Software
`
`and all previous assignees of the Patents-in-Suit have complied with the requirements of 35 U.S.C.
`
`§ 287(a).
`
`16.
`
`Defendant has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`using, selling, offering to sell, and/or importing, and by actively inducing others to make, use, sell,
`
`offer to sell, and/or importing products that infringe the Patents-in-Suit Such products include at
`
`least the following BLU mobile devices: F91 5G, C5 Max, C5L Max, C7, C6L 2020, C6 2020,
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`C5L 2020, C5L, C5 2019, C5 Plus, C6L, C6 2019, G40, G51, G61S, G50 Mega 2022, G91 Max,
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`G71L, G71+, G51S, G91S, G91 PRO, G51 Plus, G91, G71, G61, G50 Mega, G90 Pro, G9 Pro,
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`G90, G80, G50 Plus, G50, G60, G70, G5, G5 Plus, G6, G8, G9, J9L, J7L, J6 2020, J5L, J2, J4, J6,
`
`5
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`

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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 6 of 35 PageID #: 6
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`Studio X10 2022, Studio X10L, Studio X12, Studio X10+, Studio X10, Studio X9 HD, Vivo X1,
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`Vivo X1+, Vivo X5, Vivo XL5, View 3, View Mega, View 2, View 1, R1 HD, Life One X,
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`Advance 4.0 L2, Advance 4.0 M, Dash 4.5, Dash G, Dash L2, Dash M2, Dash X Plus LTE, Dash
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`X2, Dash XL, Diamond M, Energy Diamond, Energy Diamond Mini, Energy JR, Energy M,
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`Energy X 2, Energy X Plus, Energy XL, Grand 5.5 HD, Life Mark, Life Max, Life One X2, Neo
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`X, Neo X LTE, Neo X Mini, Neo X Plus, Neo XL, Pure XR, Studio C 8+8, Studio C 8+8 LTE,
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`Studio C HD, Studio G HD, Studio G HD LTE, Studio G Max, Studio G Plus HD, Studio G2,
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`Studio G2 HD, Studio J5, Studio M HD, Studio M LTE, Studio Max, Studio One, Studio One
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`Plus, Studio Selfie 2, Studio Touch, Studio X Mini, Studio X8 HD, Studio XL2, Vivo 5, Vivo 5R,
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`Vivo 6, Vivo XL, Advance 4.0 L3, C5 LTE, Dash L3, Dash L4, Dash L4 LTE, Dash L5 LTE,
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`Grand 5.5 HD II, Grand Energy, Grand M2, Grand M2 LTE, Grand Max, Grand Mini, Grand X,
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`Grand X LTE, Grand XL, Grand XL LTE, Life One X2 Mini, Life One X3, R1 Plus, R2, R2 LTE,
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`R2 Plus, S1, Studio G Mini, Studio G3, Studio J1, Studio J2, Studio J8, Studio J8 LTE, Studio
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`Mega, Studio Pro, Studio Selfie LTE, Tank Xtreme 4.0, Tank Xtreme 5.0, Tank Xtreme Pro, Vivo
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`5 Mini, Vivo 8, Vivo XL2, Advance L5, Bold N1, C5 2019, C5 Plus, C5L, C6 2019, C6L, G5, G5
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`Plus, G6, G8, G9, G9 Pro, J2, J4, J6, Studio Mega 2019, Studio Mini, Studio X8 HD, View 1,
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`Vivo X5, Vivo XL5, X5, XL5, C5L 2020, C6 2020, C6L 2020, G50 Mega, G50 Plus, G80, G90,
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`G90 Pro, J6 2020, F91, G50 Mega 2022, ASL, and View 3 (collectively, the “Accused Products”).1
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`The Accused Products infringe each of the Asserted Patents.
`
`17.
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`The Accused Products include functionalities that allow users to form and/or join
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`networks or groups, share and view locations with other users, display symbols corresponding to
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`locations (including locations of other users) on a map, and communicate with other users via text,
`
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`1 See, e.g., https://www.bluproducts.com/android-phones/.
`
`6
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 7 of 35 PageID #: 7
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`voice, and multimedia-based communication. Additionally, the Accused Products include
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`functionalities to allow users to form and/or join networks or groups. Additionally, the users may
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`form groups that include their own devices in order to track their own lost or stolen devices, as
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`shown below; to send and receive communications from their own lost or stolen Accused Products;
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`and to remotely control the lost or stolen Accused Products. The Accused Products include the
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`functionalities to display map information, including symbols corresponding with users, entities,
`
`and locations. Additionally, the Accused Products include functionalities to form groups that
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`include their own devices in order to track, remotely monitor and control, and/or communicate
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`with other users’ devices.
`
` The Accused Products
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`include functionalities
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`to enable
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`communications, such as voice calls between users. The Accused Products practice the claims of
`
`the Asserted Patents to improve user experiences and to improve BLU’s position in the market.
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`7
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`

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`ERASE DEVICE
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`Keyboard shortcuts|Map data ©2022 ' Terms of Use
`
`PLAY SOUND
`
`SECURE DEVICE
`
`
`
`
`
`8
`
`Device Manager
`
`Protect your phone, even if
`you lose it
`
`
`
`
`
`Holiday'iInn
`Charleston-Riverview...
`
`SpringHill Suites
`by Marriott Charleston...
`
`Cambria Hote
`Charleston Riverview
`
`Blu BOLD N2
`
`Last seen just now
`
`A T-Mobile
`uw
`61%
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`

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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 9 of 35 PageID #: 9
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`COUNT I
`(Infringement of the ’970 Patent)
`
`18.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`19.
`
`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.
`
`20.
`
`Defendant
`
`infringes, contributes
`
`to
`
`the
`
`infringement of, and/or
`
`induces
`
`infringement of the ’970 Patent by making, using, selling, offering for sale, distributing, exporting
`
`from, and/or importing into the United States products and/or methods covered by one or more
`
`claims of the ’970 Patent including, but not limited to, the Accused Products.
`
`21.
`
`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, selling, offering for sale,
`
`distributing, exporting from, and/or importing into the United States the Accused Products without
`
`authority and in violation of 35 U.S.C. § 271(a).
`
`22.
`
`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, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States the Accused Products and by instructing
`
`users of the Accused Products to perform methods claimed 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 knowingly
`
`and intentionally induces direct infringement of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`9
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`Alternatively, Defendant believed there was a high probability that others would infringe the ’970
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`Patent but remained willfully blind to the infringing nature of others’ actions.
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`23.
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`For example, Defendant has indirectly infringed and continue to indirectly infringe
`
`at least claim 10 of the ’970 Patent in the United States because Defendant’s customers use the
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`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
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`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. Defendant 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://www.bluproducts.com/manuals/g91-max/g91-max-en.pdf;
`
`https://www.bluproducts.com/manuals/g90/g90-en.pdf;
`
`https://www.bluproducts.com/manuals/g9/g9-en.pdf; and Defendant’s 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). Alternatively, Defendant believed there was a high probability that
`
`others would infringe the ’970 Patent but remained willfully blind to the infringing nature of
`
`others’ actions.
`
`24.
`
`For example, Defendant directly infringes and/or indirectly infringes by instructing
`
`its customers to infringe by performing claim 10 of the ’970 Patent, including: a method of
`
`receiving, acknowledging and responding to a forced message alert from a sender PDA/cell phone
`
`to a recipient PDA/cell phone, wherein the receipt, acknowledgment, and response to said forced
`
`message alert is forced by a forced message alert software application program, said method
`
`10
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`

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`comprising the steps of: receiving an electronically transmitted electronic message; identifying
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`said electronic message as a forced message alert, wherein said forced message alert comprises a
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`voice or text message and a forced message alert application software packet, which triggers the
`
`activation of the forced message alert software application program within the recipient PDA/cell
`
`phone; transmitting an automatic acknowledgment of receipt to the sender PDA/cell phone, which
`
`triggers the forced message alert software application program to take control of the recipient
`
`PDA/cell phone and show the content of the text message and a required response list on the
`
`display recipient PDA/cell phone or to repeat audibly the content of the voice message on the
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`speakers of the recipient PDA/cell phone and show the required response list on the display
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`recipient PDA/cell phone; and transmitting a selected required response from the response list in
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`order to allow the message required response list to be cleared from the recipient’s cell phone
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`display, whether said selected response is a chosen option from the response list, causing the forced
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`message alert software to release control of the recipient PDA/cell phone and stop showing the
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`content of the text message and a response list on the display recipient PDA/cell phone and/or stop
`
`repeating the content of the voice message on the speakers of the recipient PDA/cell phone;
`
`displaying the response received from the PDA cell phone that transmitted the response on the
`
`sender of the forced alert PDA/cell phone; and providing a list of the recipient PDA/cell phones
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`that have automatically acknowledged receipt of a forced alert message and their response to the
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`forced alert message; and displaying a geographical map with georeferenced entities on the display
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`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
`
`PDA/cellphone; and presenting a recipient symbol on the geographical map corresponding to a
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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.
`
`11
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`2
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`25.
`
`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.
`
`26.
`
`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.
`
`COUNT II
`(Infringement of the ’251 Patent)
`
`27.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`28.
`
`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 ’251 Patent.
`
`
`2 https://www.bluproducts.com/manuals/g9/g9-en.pdf
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`12
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`

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`29.
`
`Defendant
`
`infringes, contributes
`
`to
`
`the
`
`infringement of, and/or
`
`induces
`
`infringement of the ’251 Patent by making, using, selling, offering for sale, distributing, exporting
`
`from, and/or importing into the United States products and/or methods covered by one or more
`
`claims of the ’251 Patent including, but not limited to, the Accused Products.
`
`30.
`
`Defendant has and continues to directly infringe at least claim 24 of the ’251 Patent,
`
`either literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
`
`distributing, exporting from, and/or importing into the United States the Accused Products without
`
`authority and in violation of 35 U.S.C. § 271(a).
`
`31.
`
`Defendant has and continues to indirectly infringe at least claim 24 of the ’251
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either literally
`
`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States the Accused Products and by instructing
`
`users of the Accused Products to perform methods claimed in the ’251 Patent. For example,
`
`Defendant, with knowledge that the Accused Products infringe the ’251 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 ’251 Patent. Alternatively,
`
`Defendant believed there was a high probability that others would infringe the ’251 Patent but
`
`remained willfully blind to the infringing nature of others’ actions.
`
`32.
`
`For example, Defendant has indirectly infringed and continue to indirectly infringe
`
`at least claim 24 of the ’251 Patent in the United States because Defendant’s customers use the
`
`Accused Products, including at least Google Maps applications and/or services or the Accused
`
`Products with the Google Maps applications and/or services, alone or in conjunction with
`
`additional Accused Products, in accordance with Defendant’s instructions and thereby directly
`
`13
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`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 14 of 35 PageID #: 14
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`infringe at least claim 24 of the ’251 Patent in violation of 35 U.S.C. § 271. Defendant 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://www.bluproducts.com/manuals/g91-max/g91-max-en.pdf;
`
`https://www.bluproducts.com/manuals/g90/g90-en.pdf;
`
`https://www.bluproducts.com/manuals/g9/g9-en.pdf; and BLU agents and representatives located
`
`within this Judicial District. Defendant is thereby liable for infringement of the ’251 Patent under
`
`35 U.S.C. § 271(b). Alternatively, Defendant believed there was a high probability that others
`
`would infringe the ’251 Patent but remained willfully blind to the infringing nature of others’
`
`actions.
`
`33.
`
`For example, Defendant’s Accused Products 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 which is integrated with
`
`Messages, which is also pre-installed on the Accused Products.
`
`34.
`
`For example, the exemplary Accused Products allow users to establish groups and
`
`to exchange messages via interaction with servers which provide the Google Maps service, among
`
`other relevant services. The exemplary Accused Products further allow users to retrieve map
`
`information from multiple sources including street-view maps.
`
`35.
`
`The exemplary Accused Products are programmed to receive messages from other
`
`devices where
`
`those messages
`
`relate
`
`to
`
`joining groups as depicted below
`
`(e.g.,
`
`https://support.google.com/maps/answer/7326816?visit_id=638038217506681650-
`
`271792540&hl=en&rd=1;
`
`14
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 15 of 35 PageID #: 15
`
`https://support.google.com/contacts/answer/30970?hl=en&visit_id=638038217507566921-
`
`2877008583&rd=1).
`
`36.
`
`The exemplary Accused Products are further programmed to facilitate participation
`
`in the group by communicating with a server and sending to and receiving location information as
`
`depicted below (e.g., https://developers.google.com/maps/documentation/android-sdk/location).
`
`
`
`15
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 16 of 35 PageID #: 16
`
`
`
`37.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Products which include interactive maps and a plurality of user selectable symbols
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`corresponding
`
`to
`
`the
`
`locations of
`
`the other devices as depicted below
`
`(e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/).
`
`38.
`
`The exemplary Accused Products are programmed to permit users to request and
`
`display additional maps by, for example, moving the map screen and/or by selecting satellite image
`
`maps. The exemplary Accused Products are further programmed to permit interaction with the
`
`
`
`16
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 17 of 35 PageID #: 17
`
`display where a user may select one or more symbols and where the exemplary Accused Products
`
`further permit data to be sent to other devices based on that interaction.
`
`39.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and indirect
`
`infringement of the ’251 Patent in an amount to be proved at trial.
`
`40.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
`
`of Defendant’s infringement of the ’251 Patent for which there is no adequate remedy at law unless
`
`Defendant’s infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’838 Patent)
`
`41.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`42.
`
`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 ’838 Patent.
`
`43.
`
`Defendant
`
`infringes, contributes
`
`to
`
`the
`
`infringement of, and/or
`
`induces
`
`infringement of the ’838 Patent by making, using, selling, offering for sale, distributing, exporting
`
`from, and/or importing into the United States products and/or methods covered by one or more
`
`claims of the ’838 Patent including, but not limited to, the Accused Products.
`
`44.
`
`Defendant has and continues to directly infringe at least claim 54 of the ’838 Patent,
`
`either literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
`
`distributing, exporting from, and/or importing into the United States the Accused Products without
`
`authority and in violation of 35 U.S.C. § 271(a).
`
`45.
`
`Defendant has and continue to indirectly infringe at least claim 54 of the ’838 Patent
`
`by actively, knowingly, and intentionally inducing others to directly infringe, either literally or
`
`17
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 18 of 35 PageID #: 18
`
`under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States the Accused Products and by instructing
`
`users of the Accused Products to perform methods claimed in the ’838 Patent. For example,
`
`Defendant, with knowledge that the Accused Products infringe the ’838 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 ’838 Patent. Alternatively,
`
`Defendant believed there was a high probability that others would infringe the ’838 Patent but
`
`remained willfully blind to the infringing nature of others’ actions.
`
`46.
`
`For example, Defendant has indirectly infringed and continues to indirectly infringe
`
`at least claim 54 of the ’838 Patent in the United States because Defendant’s customers use the
`
`Accused Products, including at least the Google Maps applications and/or services or the Accused
`
`Products with the Google Maps applications and/or services, alone or in conjunction with
`
`additional Accused Products, in accordance with Defendant’s instructions and thereby directly
`
`infringe at least one claim of the ’838 Patent in violation of 35 U.S.C. § 271. Defendant 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://www.bluproducts.com/manuals/g91-max/g91-max-en.pdf;
`
`https://www.bluproducts.com/manuals/g90/g90-en.pdf;
`
`https://www.bluproducts.com/manuals/g9/g9-en.pdf; and BLU agents and representatives located
`
`within this Judicial District. Defendant is thereby liable for infringement of the ’838 Patent under
`
`35 U.S.C. § 271(b). Alternatively, Defendant believed there was a high probability that others
`
`18
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 19 of 35 PageID #: 19
`
`would infringe the ’838 Patent but remained willfully blind to the infringing nature of others’
`
`actions.
`
`47.
`
`For example, Defendant’s Accused Products 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
`
`Messages and which is also pre-installed on the Accused Products.
`
`
`
`48.
`
`Additionally, the exemplary Accused Products allow users to establish groups and
`
`to exchange messages via interaction with servers which provide the Google Maps service, among
`
`other relevant services. The exemplary Accused Products further allow users to retrieve map
`
`information from multiple sources, including street-view maps, as well as satellite renderings.
`
`49.
`
`The exemplary Accused Products are programmed to form and join groups by
`
`transmitting
`
`messages
`
`(e.g.,
`
`https://support.google.com/maps/answer/7326816?visit_id=638038217506681650-
`
`271792540&hl=en&rd=1;
`
`https://support.google.com/contacts/answer/30970?hl=en&visit_id=638038217507566921-
`
`2877008583&rd=1).
`
`19
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 20 of 35 PageID #: 20
`
`50.
`
`The exemplary Accused Products are further programmed to facilitate participation
`
`in the groups by communicating with one or more servers and sending to and receiving location
`
`information
`
`as
`
`depicted
`
`below
`
`(see,
`
`e.g.,
`
`https://developers.google.com/maps/documentation/android-sdk/location).
`
`
`
`20
`
`

`

`Case 2:22-cv-00441-JRG Document 1 Filed 11/18/22 Page 21 of 35 PageID #: 21
`
`
`
`51.
`
`The location information is presented on interactive displays on the exemplary
`
`Accused Products which include interactive maps and a plurality of user selectable symbols
`
`corresponding to other devices. The symbols are positioned on the map at positions corresponding
`
`to
`
`the
`
`locations
`
`of
`
`the
`
`other
`
`devices
`
`as
`
`depicted
`
`below
`
`(e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/).
`
`52.
`
`The exemplary Accused Products are further programmed to permit users to request
`
`and d