`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No.
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`§
`
`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`
`ONEPLUS TECHNOLOGY (SHENZHEN)
`CO., LTD.,
`
`
`
`Defendant.
`
`
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`Complaint against Defendant OnePlus Technology (Shenzhen) Co., Ltd. (“OnePlus” 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 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
`
`the laws of China, with a principal place of business at 18F, Tairan Building, Block C, Tairan 8th
`
`Road, Chegongmiao, Futian District, Shenzhen, Guangdong 518040, China. On information and
`
`belief, Defendant may be served pursuant to the provisions of the Hague Convention. OnePlus is
`
`a leading manufacturer and seller of smartphones in the world and throughout the United States.
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 2 of 36 PageID #: 2
`
`On information and belief, OnePlus does business in Texas and in the Eastern District of Texas,
`
`directly or through its subsidiaries.
`
`3.
`
`Defendant has authorized sellers and sales representatives that offer and sell
`
`products pertinent to this Complaint through the State of Texas, including in this Judicial District,
`
`and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281 Loop,
`
`Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall, Texas
`
`75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, Texas 75670; T-Mobile,
`
`900 East End Boulevard North, Suite 100, Marshall, Texas 75670; Verizon authorized retailers,
`
`including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra, 1006 East
`
`End Boulevard N., Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120 East End
`
`Boulevard South, Marshall, Texas 75670.
`
`JURISDICTION AND VENUE
`
`4.
`
`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
`
`to 28 U.S.C. §§ 1331, 1338(a), and 1367.
`
`5.
`
`This Court has specific and personal jurisdiction over Defendant consistent with
`
`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
`
`Arm Statute. On information and belief, Defendant has sufficient minimum contacts with the
`
`forum because Defendant transacts substantial business in the State of Texas and in this Judicial
`
`District. Further, Defendant has, directly or through subsidiaries or intermediaries, committed and
`
`continues to commit acts of patent infringement in the State of Texas and in this Judicial District
`
`as alleged in this Complaint, as alleged more particularly below.
`
`2
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 3 of 36 PageID #: 3
`
`6.
`
`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, has committed acts
`
`of patent infringement in this Judicial District, and has regular and established places of business
`
`in this Judicial District. Defendant, through its own acts and/or through the acts of others, makes,
`
`uses, sells, distributes, exports from, and/or offers to sell infringing products within this Judicial
`
`District, regularly does and solicits business in this Judicial District, and has the requisite minimum
`
`contacts with this Judicial District, such that this venue is a fair and reasonable one. Further, on
`
`information and belief, Defendant has admitted or not contested proper venue in this Judicial
`
`District in other patent infringement actions.
`
`PATENTS-IN-SUIT
`
`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
`
`available
`
`at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=8,213,970.pn.&db=USPAT.
`
`8.
`
`On September 13, 2016, the United States and Trademark Office duly and legally
`
`issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc and
`
`Password Protected Digital and Voice Networks.” On June 8, 2021, the United States Patent and
`
`3
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 4 of 36 PageID #: 4
`
`Trademark Office issued an Ex Parte Reexamination Certificate of the ’251 Patent determining
`
`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,
`
`available
`
`at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,445,251.pn.&db=USPAT.
`
`9.
`
`On October 11, 2016, the United States Patent and Trademark Office duly and
`
`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 available at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,467,838.pn.&db=USPAT.
`
`10.
`
`On August 29, 2017, the United States Patent and Trademark Office duly and
`
`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
`
`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’829 Patent
`
`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 available at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,749,829.pn.&db=USPAT.
`
`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,
`
`4
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 5 of 36 PageID #: 5
`
`which includes the September 24, 2021 Ex Parte Reexamination Certificate, is available at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,820,123.pn.&db=USPAT.
`
`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.
`
`FACTUAL ALLEGATIONS
`
`13. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
`
`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS Software
`
`patent portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
`
`shortly after the September 11, 2001 terrorist attacks because he believed that many first responder
`
`and civilian lives could have been saved through the implementation of a better communication
`
`system. He envisioned and developed a new communication system that would use integrated
`
`software and hardware components on mobile devices to give users situational awareness superior
`
`to systems provided by conventional military and first responder radio systems.
`
`14.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held mobile devices. Using GPS-based location
`
`technology and existing or special-purpose cellular communication networks, LifeRing users can
`
`exchange location, heading, speed, and other information with other members of a group, view
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate their
`
`efforts.
`
`5
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 6 of 36 PageID #: 6
`
`15.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’838, ’251, ’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.
`
`OnePlus has infringed and is continuing to infringe the Patents-in-Suit by making,
`
`using, selling, offering to sell, distributing, exporting from, and/or importing, and by actively
`
`inducing others to make, use, sell, offer to sell, distribute, export from, and/or import products that
`
`infringe the Patents-in-Suit Such products include at least the following OnePlus mobile devices:
`
`OnePlus 3, OnePlus 3T, OnePlus 5, OnePlus 5T, OnePlus 6, OnePlus 6T, OnePlus 7, OnePlus 7
`
`Pro, OnePlus 7T, OnePlus 7T Pro, OnePlus 8, OnePlus 8 Pro, OnePlus 8T, OnePlus 9, OnePlus 9
`
`Pro, and OnePlus 10 Pro (collectively, the “Accused Products”).1 The Accused Products infringe
`
`each of the Asserted Patents.
`
`17.
`
`The Accused Products include functionalities that allow users to form and/or join
`
`networks or groups, share and view locations with other users, display symbols corresponding to
`
`locations (including locations of other users) on a map, and communicate with other users via text,
`
`voice, and multimedia-based communication. Additionally, the Accused Products include
`
`functionalities to allow users to form and/or join networks or groups. Additionally, the users may
`
`form groups that include their own devices in order to track their own lost or stolen devices, as
`
`shown below; to send and receive communications from their own lost or stolen Accused Products;
`
`and to remotely control the lost or stolen Accused Products. The Accused Products include the
`
`functionalities to display map information, including symbols corresponding with users, entities,
`
`and locations. Additionally, the Accused Products include functionalities to form groups that
`
`
`1 See, e.g., https://www.oneplus.com/store/phone.
`
`6
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 7 of 36 PageID #: 7
`
`include their own devices in order to track, remotely monitor and control, and/or communicate
`
`with other users’ devices.
`
` The Accused Products
`
`include functionalities
`
`to enable
`
`communications, such as voice calls between users. The Accused Products practice the claims of
`
`the Asserted Patents to improve user experiences and to improve OnePlus’s position in the market.
`
`7
`
`
`
`Protect your phone, even if
`you lose it
`
`Device Manager
`
`sonrei
`
`id Nexus 5X
`
`
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 8 of 36 PageID #: 8
`
`ERASE
`
`aéu
`
`Birkbeck, University
`of London
`
`Senate HouseLibrary @
`
`The British Museum ©
`
`Rachel's phone
`just
`now
`
`§ 100% @ FreewiFi
`
`PLAY SOUND
`
`LOCK
`
`
`
`8
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 9 of 36 PageID #: 9
`
`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, distribute, export from, 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 induce direct infringement of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`9
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 10 of 36 PageID #: 10
`
`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.
`
`23.
`
`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 the
`
`Accused Products, including at least the Find My Device (formerly known as Android Device
`
`Manager) Apps and/or services or the Accused Products with the Find My Device Apps 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://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10T_5G_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_9_Pro_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10_Pro_User_Manual_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
`
`10
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 11 of 36 PageID #: 11
`
`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
`
`comprising the steps of: receiving an electronically transmitted electronic message; identifying
`
`said electronic message as a forced message alert, wherein said forced message alert comprises a
`
`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 shows 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
`
`speakers of the recipient PDA/cell phone and show the required response list on the display
`
`recipient PDA/cell phone; and transmitting a selected required response from the response list in
`
`order to allow the message required response list to be cleared from the recipient’s cell phone
`
`display, whether said selected response is a chosen option from the response list, causing the forced
`
`message alert software to release control of the recipient PDA/cell phone and stop showing the
`
`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
`
`that have automatically acknowledged receipt of a forced alert message and their response to the
`
`forced alert message; and displaying a geographical map with georeferenced entities on the display
`
`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
`
`11
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 12 of 36 PageID #: 12
`
`PDA/cellphone; and presenting a recipient symbol on the geographical map corresponding to a
`
`correct geographical location of the recipient PDA/cellphone based on at least the location data.
`
`For example, the Accused Products include features as shown below.
`
`2
`
`3
`
`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.
`
`
`2 https://service.oneplus.com/content/dam/support/user-
`manuals/common/OnePlus_9_Pro_User_Manual_EN.pdf
`3 https://service.oneplus.com/content/dam/support/user-
`manuals/common/OnePlus_9_Pro_User_Manual_EN.pdf
`
`12
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 13 of 36 PageID #: 13
`
`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, distribute, export from, or import any Accused Products and/or products that
`
`embody the inventions of the ’251 Patent.
`
`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
`
`13
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 14 of 36 PageID #: 14
`
`date of this Complaint, actively, knowingly, and intentionally induced, and continues 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 continues 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 Apps and/or services or the Accused Products
`
`with the Google Maps Apps and/or services, alone or in conjunction with additional Accused
`
`Products, in accordance with Defendant’s instructions and thereby directly 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://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10T_5G_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_9_Pro_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10_Pro_User_Manual_EN.pdf;
`
`and OnePlus
`
`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.
`
`14
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 15 of 36 PageID #: 15
`
`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 allows 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 allows 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;
`
`https://support.google.com/contacts/answer/30970?hl=en&visit_id=638038217507566921-
`
`2877008583&rd=1).
`
`15
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 16 of 36 PageID #: 16
`
`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).
`
`16
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 17 of 36 PageID #: 17
`
`
`
`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
`
`
`
`17
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 18 of 36 PageID #: 18
`
`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, distribute, export from, 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 continues to indirectly infringe at least claim 54 of the ’838
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either literally
`
`18
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 19 of 36 PageID #: 19
`
`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 ’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 continues 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 Apps and/or services or the Accused
`
`Products with the Google Maps Apps 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://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10T_5G_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_9_Pro_User_Manual_EN.pdf;
`
`https://service.oneplus.com/content/dam/support/user-
`
`manuals/common/OnePlus_10_Pro_User_Manual_EN.pdf;
`
`and OnePlus
`
`agents
`
`and
`
`representatives located within this Judicial District. Defendant is thereby liable for infringement
`
`19
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 20 of 36 PageID #: 20
`
`of the ’838 Patent under 35 U.S.C. § 271(b). 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.
`
`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 allows 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 allows 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;
`
`20
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 21 of 36 PageID #: 21
`
`https://support.google.com/contacts/answer/30970?hl=en&visit_id=638038217507566921-
`
`2877008583&rd=1).
`
`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).
`
`
`
`21
`
`
`
`Case 2:22-cv-00446-JRG Document 1 Filed 11/18/22 Page 22 of 36 PageID #: 22
`
`
`
`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 fu