Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 1 of 36 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
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`§
`Case No.
`§
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`JURY TRIAL DEMANDED
`§
`§
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`§
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`§
`§
`§
`§
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`§
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`
`XIAOMI CORPORATION, XIAOMI H.K.
`LTD., XIAOMI COMMUNICATIONS CO.,
`LTD., AND XIAOMI INC.,
`
`
`Defendants.
`
`
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`Complaint against Defendants Xiaomi Corporation (“Xiaomi Corp.”), Xiaomi H.K. Ltd. (“Xiaomi
`
`H.K.”), Xiaomi Communications Co., Ltd. (“Xiaomi Communications”), and Xiaomi Inc.
`
`(“Xiaomi Inc.”) (collectively, “Xiaomi” 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. 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 Xiaomi Corp. is a corporation organized and
`
`existing under the laws of the Cayman Islands, with a place of business at Maples Corporate
`
`Services Limited, P.O. Box 309, Ugland House, Grand Cayman, KY1-1104, Cayman Islands. On
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 2 of 36 PageID #: 2
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`information and belief, Xiaomi Corp. may be served pursuant to the provisions of the Hague
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`Convention. Xiaomi Corp. is a leading manufacturer and seller of smartphones in the world and
`
`throughout the United States. On information and belief, Xiaomi Corp. does business in Texas
`
`and in the Eastern District of Texas, directly or through its subsidiaries.
`
`3.
`
`On information and belief, Defendant Xiaomi Communications is a corporation
`
`organized and existing under the laws of the People’s Republic of China, with its principal place
`
`of business at Xiaomi Office Building, 68 Qinghe Middle Street, Haidian District, Beijing, China
`
`100085. On information and belief, Xiaomi Communications may be served pursuant to the
`
`provisions of the Hague Convention. Xiaomi Communications is a leading manufacturer and
`
`seller of smartphones in the world and throughout the United States. On information and belief,
`
`Xiaomi Communications does business in Texas and in the Eastern District of Texas, directly or
`
`through its subsidiaries.
`
`4.
`
`On information and belief, Xiaomi H.K. is a corporation organized and existing
`
`under the laws of Hong Kong, with its principal place of business at Unit 806, Tower 2 8/F, Cheung
`
`Sha Wan Plaza, 833 Cheung Sha Wan Road, Kowloon City, Hong Kong. On information and
`
`belief, Xiaomi H.K. may be served pursuant to the provisions of the Hague Convention. Xiaomi
`
`H.K. is a leading manufacturer and seller of smartphones in the world and throughout the United
`
`States. On information and belief, Xiaomi H.K. does business in Texas and in the Eastern District
`
`of Texas, directly or through its subsidiaries.
`
`5.
`
`On information and belief, Xiaomi Inc. is a corporation organized under the laws
`
`of People’s Republic of China, with its principal place of business at Xiaomi Office Building, 68
`
`Qinghe Middle Street, Haidian District, Beijing, China 100085. On information and belief,
`
`Xiaomi Inc. may be served pursuant to the provisions of the Hague Convention. Xiaomi Inc. is a
`
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 3 of 36 PageID #: 3
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`leading manufacturer and seller of smartphones in the world and throughout the United States. On
`
`information and belief, Xiaomi Inc. does business in Texas and in the Eastern District of Texas,
`
`directly or through its subsidiaries.
`
`6.
`
`Defendants have 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; and Walmart, 1701 East End Boulevard North, Marshall,
`
`Texas 75670; 515 East Loop 281, Longview, Texas 75605; and 4006 Estes Parkway, Longview,
`
`Texas 75603.
`
`JURISDICTION AND VENUE
`
`7.
`
`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.
`
`8.
`
`This Court has specific and personal jurisdiction over Defendants consistent with
`
`the requirements of the Due Process Clause of the United States Constitution and the Texas Long
`
`Arm Statute. On information and belief, Defendants have sufficient minimum contacts with the
`
`forum because Defendants transact substantial business in the State of Texas and in this Judicial
`
`District. Further, Defendants have, directly or through subsidiaries or intermediaries, committed
`
`and continue 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.
`
`9.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b)
`
`because Defendants are subject to personal jurisdiction in this Judicial District, have committed
`
`acts of patent infringement in this Judicial District, and have regular and established places of
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 4 of 36 PageID #: 4
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`business in this Judicial District. Defendants, through their own acts and/or through the acts of
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`others, make, use, sell, distribute, export from, import, and/or offer to sell infringing products
`
`within this Judicial District, regularly do and solicit business in this Judicial District, and have the
`
`requisite minimum contacts with this Judicial District, such that this venue is a fair and reasonable
`
`one. Further, on information and belief, Defendants have admitted or not contested proper venue
`
`in this Judicial District in other patent infringement actions.
`
`PATENTS-IN-SUIT
`
`10.
`
`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.
`
`11.
`
`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
`
`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
`
`4
`
`

`

`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 5 of 36 PageID #: 5
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`the
`
`June
`
`8,
`
`2021 Ex Parte Reexamination Certificate,
`
`is
`
`available
`
`at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,445,251.pn.&db=USPAT.
`
`12.
`
`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.
`
`13.
`
`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.
`
`14.
`
`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 available at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,820,123.pn.&db=USPAT.
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 6 of 36 PageID #: 6
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`15.
`
`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
`
`16. 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.
`
`17.
`
`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.
`
`18.
`
`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
`
`6
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 7 of 36 PageID #: 7
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`and all previous assignees of the Patents-in-Suit have complied with the requirements of 35 U.S.C.
`
`§ 287(a).
`
`19.
`
`Defendants have infringed and are 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 Xiaomi
`
`mobile devices: Xiaomi 12, Redmi Note 11S 5G, Redmi Note 10, Redmi Note 11, Redmi 9A,
`
`Xiaomi 11T 5G, Redmi 10C, Xiaomi Mi 8, Xiaomi Mi Max 3, Redmi 9C, Xiaomi Poco M4 Pro,
`
`Redmi Note 10 Pro, 11Ultra, Note 7, Xiaomi Mi 11T Pro, Xiaomi Mi 11 Ultra Mi 11 5G, Redmi
`
`6A, Redmi Note 11 Pro, Redmi 9C, Redmi 9AT, Mia2 Lite, Xiaomi 12X, Note 9 Pro, Note 11
`
`Pro+, Xiaomi Mi 9T, Mix Fold 2, Redmi K40 (collectively, the “Accused Products”).1 The
`
`Accused Products infringe each of the Asserted Patents.
`
`20.
`
`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.mi.com/global/phone.
`
`7
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 8 of 36 PageID #: 8
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`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 Defendants’ position in the
`
`market.
`
`8
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`

`

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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 9 of 36 PageID #: 9
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`9
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`

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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 10 of 36 PageID #: 10
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`COUNT I
`(Infringement of the ’970 Patent)
`
`21.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`22.
`
`AGIS Software has not licensed or otherwise authorized Defendants 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.
`
`23.
`
`Defendants infringe, contribute to the infringement of, and/or induce 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.
`
`24.
`
`Defendants have and continue 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).
`
`25.
`
`Defendants have and continue 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,
`
`Defendants, 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 continue to knowingly
`
`and intentionally induce direct infringement of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`10
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`

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`Alternatively, Defendants believed there was a high probability that others would infringe the ’970
`
`Patent but remained willfully blind to the infringing nature of others’ actions.
`
`26.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 10 of the ’970 Patent in the United States because Defendants’ 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
`
`Defendants’ instructions and thereby directly infringe at least claim 10 of the ’970 Patent in
`
`violation of 35 U.S.C. § 271. Defendants directly and/or indirectly intentionally instruct their
`
`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.manua.ls/xiaomi/redmi-
`
`note-11/manual?p=10;
`
`https://www.manua.ls/xiaomi/redmi-note-11-pro-5g/manual;
`
`https://www.manua.ls/xiaomi/redmi-note-10-pro/manual?p=3; and Defendants’ agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for infringement
`
`of the ’970 Patent under 35 U.S.C. § 271(b). Alternatively, Defendants believed there was a high
`
`probability that others would infringe the ’970 Patent but remained willfully blind to the infringing
`
`nature of others’ actions.
`
`27.
`
`For example, Defendants directly infringe and/or indirectly infringe by instructing
`
`their 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
`
`comprising the steps of: receiving an electronically transmitted electronic message; identifying
`
`11
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`

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`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
`
`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.
`
`12
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`
`
` 2
`
`28.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’970 Patent in an amount to be proved at trial.
`
`29.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
`
`of Defendants’ infringement of the ’970 Patent for which there is no adequate remedy at law unless
`
`Defendants’ infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’251 Patent)
`
`30.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`31.
`
`AGIS Software has not licensed or otherwise authorized Defendants 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.
`
`32.
`
`Defendants infringe, contribute to the infringement of, and/or induce 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.
`
`2 https://www.mi.com/global
`
`
`
`13
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 14 of 36 PageID #: 14
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`33.
`
`Defendants have and continue 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).
`
`34.
`
`Defendants have and continue 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,
`
`Defendants, 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,
`
`Defendants believed there was a high probability that others would infringe the ’251 Patent but
`
`remained willfully blind to the infringing nature of others’ actions.
`
`35.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 24 of the ’251 Patent in the United States because Defendants’ 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 Defendants’ instructions and thereby directly infringe at
`
`least claim 24 of the ’251 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or
`
`indirectly
`
`intentionally
`
`instruct
`
`their 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.manua.ls/xiaomi/redmi-note-11/manual?p=10;
`
`14
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 15 of 36 PageID #: 15
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`https://www.manua.ls/xiaomi/redmi-note-11-pro-5g/manual;
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`https://www.manua.ls/xiaomi/redmi-note-10-pro/manual?p=3; and Defendants’ agents and
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`representatives located within this Judicial District. Defendants are thereby liable for infringement
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`of the ’251 Patent under 35 U.S.C. § 271(b). Alternatively, Defendants believed there was a high
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`probability that others would infringe the ’251 Patent but remained willfully blind to the infringing
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`nature of others’ actions.
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`36.
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`For example, Defendants’ Accused Products are pre-installed with at least the
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`Google Maps App which allows users to share their locations and view other users’ locations on a
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`map and to communicate with those users via the Google Maps App which is integrated with
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`Messages, which is also pre-installed on the Accused Products.
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`37.
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`For example, the exemplary Accused Products allows users to establish groups and
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`to exchange messages via interaction with servers which provide the Google Maps service, among
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`other relevant services. The exemplary Accused Products further allows users to retrieve map
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`information from multiple sources including street-view maps.
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`38.
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`The exemplary Accused Products are programmed to receive messages from other
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`devices where
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`those messages
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`relate
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`to
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`joining groups as depicted below
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`(e.g.,
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`https://support.google.com/maps/answer/7326816?visit_id=638038217506681650-
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`271792540&hl=en&rd=1;
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`https://support.google.com/contacts/answer/30970?hl=en&visit_id=638038217507566921-
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`2877008583&rd=1).
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`15
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 16 of 36 PageID #: 16
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`39.
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`The exemplary Accused Products are further programmed to facilitate participation
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`in the group by communicating with a server and sending to and receiving location information,
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`as
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`depicted
`
`below
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`(e.g.,
`
`https://developers.google.com/maps/documentation/android-
`
`
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`sdk/location).
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`16
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 17 of 36 PageID #: 17
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`
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`40.
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`This location information is presented on interactive displays on the exemplary
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`Accused Products which include interactive maps and a plurality of user selectable symbols
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`corresponding to other devices. These symbols are positioned on the map at positions
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`corresponding
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`to
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`the
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`locations of
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`the other devices, as depicted below
`
`(e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/).
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`41.
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`The exemplary Accused Products are programmed to permit users to request and
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`display additional maps by, for example, moving the map screen and/or by selecting satellite image
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`maps. The exemplary Accused Products are further programmed to permit interaction with the
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`
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`17
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 18 of 36 PageID #: 18
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`display where a user may select one or more symbols and where the exemplary Accused Products
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`further permit data to be sent to other devices based on that interaction.
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`42.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and indirect
`
`infringement of the ’251 Patent in an amount to be proved at trial.
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`43.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
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`of Defendants’ infringement of the ’251 Patent for which there is no adequate remedy at law unless
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`Defendants’ infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’838 Patent)
`
`44.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth in
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`their entireties.
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`45.
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`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
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`offer for sale, sell, distribute, export from, or import any Accused Products and/or products that
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`embody the inventions of the ’838 Patent.
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`46.
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`Defendants infringe, contribute to the infringement of, and/or induce infringement
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`of the ’838 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
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`importing into the United States products and/or methods covered by one or more claims of the
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`’838 Patent including, but not limited to, the Accused Products.
`
`47.
`
`Defendants have and continue 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
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`sale, distributing, exporting from, and/or importing into the United States the Accused Products
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`without authority and in violation of 35 U.S.C. § 271(a).
`
`48.
`
`Defendants have 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
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`18
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`

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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 19 of 36 PageID #: 19
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`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States the Accused Products and by instructing
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`users of the Accused Products to perform methods claimed in the ’838 Patent. For example,
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`Defendants, 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,
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`Defendants believed there was a high probability that others would infringe the ’838 Patent but
`
`remained willfully blind to the infringing nature of others’ actions.
`
`49.
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`For example, Defendants have indirectly infringed and continue to indirectly
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`infringe at least claim 54 of the ’838 Patent in the United States because Defendants’ customers
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`use the Accused Products, including at least the Google Maps Apps and/or services or the Accused
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`Products with the Google Maps Apps and/or services, alone or in conjunction with additional
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`Accused Products, in accordance with Defendants’ instructions and thereby directly infringe at
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`least one claim of the ’838 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or
`
`indirectly
`
`intentionally
`
`instruct
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`their customers
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`to
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`infringe
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`through
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`training videos,
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`demonstrations, brochures, installations and/or user guides, such as those located at one or more
`
`of
`
`the
`
`following:
`
`https://www.manua.ls/xiaomi/redmi-note-11/manual?p=10;
`
`https://www.manua.ls/xiaomi/redmi-note-11-pro-5g/manual;
`
`https://www.manua.ls/xiaomi/redmi-note-10-pro/manual?p=3; and Defendants’ agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for infringement
`
`of the ’838 Patent under 35 U.S.C. § 271(b). Alternatively, Defendants believed there was a high
`
`probability that others would infringe the ’838 Patent but remained willfully blind to the infringing
`
`nature of others’ actions.
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`19
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`Case 2:22-cv-00450-JRG Document 1 Filed 11/18/22 Page 20 of 36 PageID #: 20
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`50.
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`For example, Defendants’ 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.
`
`
`
`51.
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`Additionally, the exemplary Accused Products allows users to establish groups and
`
`to exchange messages v