Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 1 of 7 PageID #: 153
`Case 2:22-cv-00443-JRG Document11-2 Filed 01/12/23 Page 1of 7 PagelD#: 153
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`EXHIBIT B
`EXHIBIT B
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 2 of 7 PageID #: 154
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`UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN LOCATION-SHARING
`SYSTEMS, RELATED SOFTWARE,
`COMPONENTS THEREOF, AND
`PRODUCTS CONTAINING SAME
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`Inv. No. 337-TA-1347
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`NOTICE OF INSTITUTION OF INVESTIGATION
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`Institution of Investigation Pursuant to 19 U.S.C. 1337
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`AGENCY: U.S. International Trade Commission
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`ACTION: Notice
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`SUMMARY: Notice is hereby given that a complaint was filed with the U.S. International
`Trade Commission on November 16, 2022, under section 337 of the Tariff Act of 1930, as
`amended, on behalf of Advanced Ground Information Systems, Inc. of Jupiter, Florida and AGIS
`Software Development LLC of Marshall, Texas. The complaint was supplemented on December
`13, 2022. The complaint, as supplemented, alleges violations of section 337 based upon the
`importation into the United States, the sale for importation, and the sale within the United States
`after importation of certain location-sharing systems, related software, components thereof, and
`products containing same by reason of the infringement of certain claims of U.S. Patent No.
`8,213,970 (“the ’970 patent”); U.S. Patent No. 9,467,838 (“the ’838 patent”); U.S. Patent No.
`9,445,251 (“the ’251 patent”); U.S. Patent No. 9,749,829 (“the ’829 patent”); and U.S. Patent
`No. 9,820,123 (“the ’123 patent”). The complaints further allege that an industry in the United
`States exists as required by the applicable Federal Statute.
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`The complainants request that the Commission institute an investigation and, after the
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`investigation, issue a limited exclusion order and cease and desist orders.
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`ADDRESSES: The complaint, except for any confidential information contained therein, may
`be viewed on the Commission’s electronic docket (EDIS) at https://edis.usitc.gov. For help
`accessing EDIS, please email EDIS3Help@usitc.gov. Hearing impaired individuals are advised
`that information on this matter can be obtained by contacting the Commission’s TDD terminal
`on (202) 205-1810. Persons with mobility impairments who will need special assistance in
`gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000.
`General information concerning the Commission may also be obtained by accessing its internet
`server at https://www.usitc.gov.
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 3 of 7 PageID #: 155
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`FOR FURTHER INFORMATION CONTACT: Pathenia M. Proctor, The Office of Unfair
`Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
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`SUPPLEMENTARY INFORMATION:
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`AUTHORITY: The authority for institution of this investigation is contained in section 337 of
`the Tariff Act of 1930, as amended, 19 U.S.C. 1337, and in section 210.10 of the Commission’s
`Rules of Practice and Procedure, 19 C.F.R. 210.10 (2021).
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`SCOPE OF INVESTIGATION: Having considered the complaint, the U.S. International
`Trade Commission, on December 22, 2022, ORDERED THAT –
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`(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an
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`investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of
`section 337 in the importation into the United States, the sale for importation, or the sale within
`the United States after importation of certain products identified in paragraph (2) by reason of
`infringement of one or more of claims 2 and10-13 of the ’970 patent; claims 1, 3, 5-10, 16, 19,
`25, 38, 40, 54-56, 61-64, 68, 71, 72, 80 and 84 of the ’838 patent; claims 1, 2, 5, 7, 8, 23-25, 28-
`31, and 35 of the ’251 patent; claims 1, 8, 34, 35, 41, and 68 of the ’829 patent; claims 14 and
`36-38 of the ’123 patent, and whether an industry in the United States exists as required by
`subsection (a)(2) of section 337;
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`(2) Pursuant to section 210.10(b)(1) of the Commission’s Rules of Practice and
`Procedure, 19 C.F.R. 210.10(b)(1), the plain language description of the accused products or
`category of accused products, which defines the scope of the investigation, is “mobile devices
`containing location-sharing software, mobile phones and tablets containing location-sharing
`software, notebook and laptop computers containing location-sharing software, and associated
`components thereof”;
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`(3) Pursuant to Commission Rule 210.50(b)(l), 19 C.F.R. § 210.50(b)(1), the presiding
`administrative law judge shall take evidence or other information and hear arguments from the
`parties or other interested persons with respect to the public interest in this investigation, as
`appropriate, and provide the Commission with findings of fact and a recommended
`determination on this issue, which shall be limited to the statutory public interest factors set forth
`in 19 U.S.C. §§ l337(d)(l), (f)(1), (g)(1);
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`(4) For the purpose of the investigation so instituted, the following are hereby named as
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`parties upon which this notice of investigation shall be served:
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`(a) The complainants are:
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`Advanced Ground Information Systems, Inc.
`92 Lighthouse Dr.
`Jupiter, FL 33469
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 4 of 7 PageID #: 156
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`AGIS Software Development LLC
`100 West Houston Street
`Marshall, TX 75671
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`(b) The respondents are the following entities alleged to be in violation of section
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`337, and are the parties upon which the complaint is to be served:
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`Google LLC
`1600 Amphitheatre Parkway
`Mountain View, CA 94043
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`Samsung Electronics, Co., Ltd.
`12 Samsung-Ro
`Maetan-3dong, Yeongtong-gu
`Suwon, 443-742, Republic of Korea
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`Samsung Electronics America, Inc.
`85 Challenger Rd.
`Ridgefield Park, New Jersey 07660
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`OnePlus Technology (Shenzhen) Co., Ltd.
`18F, Tairan Building, Block C
`Tairan 8th Road
`Chgongmiao, Futian District
`Shenzhen, Guangdong 518040, China
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`TCL Technology Group Corporation
`22/F, TCL Technology Building, No. 17
`Huifeng 3rd Road
`Zhongkai High-Tech Development District
`Huizhou, Guangdong, China 516006
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`TCL Electronics Holdings Limited
`7th Floor, Building 22E
`22 Science Park East Avenue
`Hong Kong Science Park
`Hong Kong
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`TCL Communication Technology Holdings
`Limited
`5/F, Building 22E,
`22 Science Park East Avenue
`Hong Kong Science Park, Shatin,
`New Territories, Hong Kong
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 5 of 7 PageID #: 157
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`TCT Mobile (US) Inc.
`25 Edelman, Suite 200
`Irvine, CA 92618
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`Lenovo Group Ltd.
`6 Chuang ye Road, Haidian District
`Beijing 100085, China
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`Lenovo (United States) Inc.
`1009 Think Place, Building One
`Morrisville, NC 27560
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`Motorola Mobility LLC
`222 W Merchandise Mart Plaza, Suite 1800
`Chicago, IL 60654
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`HMD Global
`Karaportti 2, FIN-02610
`Espoo, Finland
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`HMD Global OY
`Bertel Jungin aukio 9, 02600
`Espoo, Finland
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`HMD America, Inc.
`1200 Brickell Ave., Suite 510
`Miami, FL 33131
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`Sony Corporation
`1-7-1 Konan Minato-ku
`Tokyo, 108-0075, Japan
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`Sony Mobile Communications, Inc.
`4-12-3 Higashi-Shinagawa, Shinagawa-ku
`Tokyo, 140-0002, Japan
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`ASUSTek Computer Inc.
`No. 15, Li-Te Rd.
`Beitou Dist., Taipei 112, Taiwan
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`ASUS Computer International
`48720 Kato Rd.
`Fremont, CA 94538
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 6 of 7 PageID #: 158
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`BLU Products
`10814 NW 33rd Street
`Doral, FL 33172
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`Panasonic Corporation
`1006 Oaza Kadoma-shi
`Kadoma 571-8501
`Osaka, Japan
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`Panasonic Corporation of North America
`1 Panasonic Way
`Secaucus, New Jersey 07094
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`Kyocera Corporation
`6 Takeda Tobadono-cho, Fushmi-ku
`Kyoto, Japan 612-8501
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`Xiaomi Corporation
`Maples Corporate Services Limited
`P.O. Box 309
`Ugland House
`Grand Cayman, KY1-1104, Cayman Islands
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`Xiaomi H.K. Ltd.
`Unit 806, Tower 2 8/F
`Cheung Sha Wan Plaza
`833 Cheung Sha Wan Road
`Kowloon City, Hong Kong
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`Xiaomi Communications Co., Ltd.
`Xiaomi Office Building
`68 Qinghe Middle Street
`Haidian District
`Beijing, China 100085
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`Xiaomi Inc.
`Xiaomi Office Building
`68 Qinghe Middle Street
`Haidian District
`Beijing, China 100085
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`(c) The Office of Unfair Import Investigations, U.S. International Trade
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`Commission, 500 E Street, S.W., Suite 401, Washington, D.C. 20436; and
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`(4) For the investigation so instituted, the Chief Administrative Law Judge, U.S.
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`International Trade Commission, shall designate the presiding Administrative Law Judge.
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`Case 2:22-cv-00443-JRG Document 11-2 Filed 01/12/23 Page 7 of 7 PageID #: 159
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`Responses to the complaint, as supplemented, and the notice of institution of
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`investigation must be submitted by the named respondents in accordance with section 210.13 of
`the Commission’s Rules of Practice and Procedure, 19 C.F.R. 210.13. Pursuant to 19 C.F.R.
`201.16(e) and 210.13(a), as amended in 85 Fed. Reg. 15798 (March 19, 2020), such responses
`will be considered by the Commission if received not later than 20 days after the date of service
`by the complainants of the complaint and the notice of investigation. Extensions of time for
`submitting responses to the complaint and the notice of institution of investigation will not be
`granted unless good cause therefor is shown.
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`Failure of a respondent to file a timely response to each allegation in the complaint and in
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`this notice may be deemed to constitute a waiver of the right to appear and contest the allegations
`of the complaint and this notice, and to authorize the administrative law judge and the
`Commission, without further notice to the respondent, to find the facts to be as alleged in the
`complaint and this notice and to enter an initial determination and a final determination
`containing such findings, and may result in the issuance of an exclusion order or a cease and
`desist order or both directed against the respondent.
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`By order of the Commission.
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`Issued: December 22, 2022
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` Katherine Hiner
` Acting Secretary to the Commission
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