Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 1 of 103 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`v.
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`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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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`AT&T INC., AT&T COMMUNICATIONS
`LLC, AT&T SERVICES, INC., AT&T
`MOBILITY LLC, and AT&T MOBILITY II
`LLC,
`
`
`
`Defendants.
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`
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`original Complaint against Defendants AT&T Inc., AT&T Communications LLC, AT&T Services
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`Inc., AT&T Mobility LLC, and AT&T Mobility II LLC (collectively, “AT&T” or “Defendants”)
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`for patent infringement under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
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`1.
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`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
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`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and
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`to U.S. Patent Nos. 8,213,970, 9,445,251, 9,467,838, 9,820,123, and 9,749,829 (the “Patents-in-
`
`Suit”).
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`2.
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`Defendant AT&T Inc. (“AT&T Inc.”) is a Delaware corporation and maintains its
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`principal place of business at Whitacre Tower, 208 South Akard Street, Dallas, Texas, 75202 and
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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 2 of 103 PageID #: 2
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`may be served with process via its registered agent, CT Corporation System at 1999 Bryan Street,
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`Suite 900, Dallas, Texas, 75201.
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`3.
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`Defendant AT&T Communications LLC (“AT&T Communications”) is a
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`Delaware corporation with its principal place of business at 208 South Ackard Street, Dallas, Texas
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`75202. AT&T Communications may be served through its registered agent for service, the
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`Corporation Trust Company, 1209 Orange Street, Wilmington, Delaware 19801. AT&T
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`Communications is a wholly-owned subsidiary of AT&T Inc.
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`4.
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`Defendant AT&T Services, Inc. (“AT&T Services”) is a Delaware corporation and
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`maintains its principal place of business at Whitacre Tower, 208 South Akard Street, Dallas, Texas,
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`75202. AT&T Services may be served with process via its registered agent, CT Corporation
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`System at 1999 Bryan Street, Suite 900, Dallas, Texas, 75201. AT&T Services is a subsidiary of
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`and owned by AT&T Inc.
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`5.
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`Defendant AT&T Mobility LLC (“AT&T Mobility”) is a is a Delaware limited
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`liability company and maintains its principal place of business at 1025 Lenox Park Boulevard NE,
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`Atlanta, Georgia 30319. AT&T Mobility may be served with process via its registered agent, CT
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`Corporation System at 1999 Bryan Street, Suite 900, Dallas, Texas, 75201. AT&T Mobility is a
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`subsidiary of and owned by AT&T Inc.
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`6.
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`Defendant AT&T Mobility II LLC (“AT&T Mobility II”) is a Delaware limited
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`liability company and maintains its principal place of business at 1025 Lenox Park Boulevard NE,
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`Atlanta, Georgia 30319. AT&T Mobility II may be served through its registered agent for service,
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`The Corporation Trust Company, 1209 Orange, Street, Wilmington, Delaware 19801. AT&T
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`Mobility II is a subsidiary of and owned by AT&T Inc.
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`2
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 3 of 103 PageID #: 3
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`JURISDICTION AND VENUE
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`7.
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`This is an action for patent infringement arising under the patent laws of the United
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`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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`8.
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`This Court has personal jurisdiction over AT&T in this action because AT&T has
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`committed acts within the Eastern District of Texas giving rise to this action and has established
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`minimum contacts with this forum, such that the exercise of jurisdiction over AT&T would not
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`offend traditional notions of fair play and substantial justice. AT&T conducts business and has
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`committed acts of patent infringement and/or has induced acts of patent infringement by others in
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`this Judicial District and/or has contributed to patent infringement by others in this Judicial
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`District, the State of Texas, and elsewhere in the United States by, among other things, offering to
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`sell and selling products and/or services that infringe the Patents-in-Suit.
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`9.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and 1400(b).
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`AT&T is registered to do business in Texas and, upon information and belief, AT&T has transacted
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`business in the Eastern District of Texas and has committed acts of direct and indirect infringement
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`in the Eastern District of Texas. AT&T has regular and established places of business in this
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`Judicial District, including at least its retail stores and offices located at 712 East Grand Avenue,
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`Marshall, Texas 75670; 3300 Dallas Parkway, Suite 100, Plano, Texas 75093; 6000 North Central
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`Expressway, Plano, Texas 75074; 701 North Central Expressway, Suite 400, Plano, Texas 75075;
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`8305 Preston Road, Suite 400C, Plano, Texas 75024; 8700 Preston Road, Suite 117, Plano, Texas
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`75024; 3400 West Plano Parkway, Plano, Texas 75075; 3400 West Plano Parkway, Plano, Texas
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`75075; AT&T Foundry - 2900 West Plano Parkway, Plano, Texas 75075; 3300 East Renner Road,
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`Richardson, Texas 75082; 1410 East Renner Road, Richardson, Texas 75082; 2180 North
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`3
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 4 of 103 PageID #: 4
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`Glenville Drive, Richardson, Texas 75082; 1125 East Campbell Road, Richardson, Texas 75081;
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`2270 Lakeside Boulevard, Richardson, Texas 75082; 2220 Campbell Creek Boulevard,
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`Richardson, Texas 75082; 250 Richmond Ranch Road, Texarkana, Texas 75503; 4901 North
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`Stateline, Texarkana, Texas 75503; and 5112 Summerhill Road, Texarkana, Texas 75503.
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`10.
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`AT&T also operates numerous brick and mortar retail stores in this District. These
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`retail stores are physically located within this District, and are regular and established places of
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`business of AT&T. AT&T’s website provides the at “AT&T Stores Near You” feature which
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`shows the locations of such AT&T retail stores within this District:1
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`11.
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`For example, AT&T further maintains a Foundry innovation space located at 2900
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`West Plano Parkway, Plano, Texas 75075 to, among other things, “showcase our edge-to-edge
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`network capabilities and develop transformative technologies.”2 On information and belief, each
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`AT&T entity, including AT&T Communications, AT&T Services, AT&T Mobility, and AT&T
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`
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`1 https://www.att.com/stores/
`2 See https://about.att.com/story/2018/plano_foundry.html
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`4
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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 5 of 103 PageID #: 5
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`Mobility II collaborate with, operate from, and design, test, use, and sell telecommunications
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`services through this AT&T Foundry location in Plano, Texas.
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`12.
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`AT&T also maintains a regular and established place of business in this District
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`that it calls the “AT&T 5G Innovation Studio,” which is also located in Plano, Texas.3 AT&T
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`describes the “AT&T 5G Innovation Studio” as follows: “The studio, located in Plano, Texas,
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`brings together the power of AT&T’s business, consumer and network organizations to accelerate
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`the path to market for new 5G-centric product offerings and key initiatives. . . . In this space, we’ll
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`work with customers and industry collaborators to ideate, test and validate new 5Gcentric
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`applications across a variety of industries.”4
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`13.
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`Of AT&T’s nearly 5,000 locations in the United States, AT&T owns and operates
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`593 locations in the State of Texas, making up approximately 11% of its entire U.S. presence, and
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`making Texas the state with the highest number of AT&T locations.5
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`14.
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`On information and belief, each AT&T entity maintains corporate offices in this
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`District, specifically at 3400 West Plano Parkway, Plano, Texas 75075.6
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`15.
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`At the above listed retail stores, foundry, and offices, each AT&T entity maintains
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`a regular and established place of business where one or more employees and/or agents of AT&T
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`are routinely physically present for the purpose of conducting AT&T’s business at said locations
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`on behalf of or otherwise at the direction of AT&T. Upon information and belief, each AT&T
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`entity conducts operations at one or more of these locations.
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`3 https://about.att.com/pages/5g_innovation_studio.html
`4 Id.
`5 See https://www.att.com/stores/texas
`6 https://www.waze.com/live-map/directions/us/tx/plano/atandt-plano-
`campus?to=place.ChIJNThutXIiTIYRqYQkZimFV74
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`5
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 6 of 103 PageID #: 6
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`16.
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`AT&T has also admitted or not contested that the Eastern District of Texas is a
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`proper venue for patent infringement against AT&T. See, e.g., Daingean Technologies LTC. v.
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`AT&T Inc., No. 2:23-cv-00123, Dkt. 22 ¶ 24 (E.D. Tex. June 1, 2023) (“AT&T does not contest
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`that venue is proper in this district for purposes of this litigation”); Wireless Alliance, LLC v. AT&T
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`Mobility LLC, No. 2:23-cv-00095, Dkt. 11 ¶¶ 9-10 (E.D. Tex. May 26, 2023); Innovative Sonic
`
`Ltd., et. al., v. AT&T Corp., et. al., No. 2:23-cv-00489, Dkt. 29 at ¶ 8 (E.D. Tex. January 18, 2024).
`
`PATENTS-IN-SUIT
`
`17.
`
`On July 3, 2012, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
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`for Interactive Remote Communications.” On September 1, 2021, the United States Patent and
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`Trademark Office issued an Inter Partes Review Certificate for the ’970 Patent cancelling claims
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`1 and 3-9. On December 9, 2021, the United States Patent and Trademark Office issued an
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`Ex Parte Reexamination Certificate for the ’970 Patent determining claims 2 and 10 (as amended)
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`and claims 11-13 to be valid and patentable. A true and correct copy of the ’970 Patent, which
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`includes the September 1, 2021 Inter Partes Review Certificate and the December 9, 2021
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`Ex Parte
`
`Reexamination
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`Certificate,
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`is
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`available
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`at:
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`https://ppubs.uspto.gov/pubwebapp/external.html?q=8,213,970.pn.&db=USPAT.
`
`18.
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`On September 13, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,445,251 (the “’251 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” On June 8, 2021, the United States Patent
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`and Trademark Office issued an Ex Parte Reexamination Certificate of the ’251 Patent
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`determining claims 1-35 to be valid and patentable. A true and correct copy of the ’251 Patent,
`
`6
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 7 of 103 PageID #: 7
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`which includes the June 8, 2021 Ex Parte Reexamination Certificate, is available at:
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`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,445,251.pn.&db=USPAT.
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`19.
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`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
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`and Password Protected Digital and Voice Networks.” On May 27, 2021, the United States Patent
`
`and Trademark Office issued an Ex Parte Reexamination Certificate of the ’838 Patent
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`determining claims 1-84 to be valid and patentable. A true and correct copy of the ’838 Patent,
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`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.
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`20.
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`On November 14, 2017, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,820,123 (the “’123 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” On September 24, 2021, the United States
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`Patent and Trademark Office issued an Ex Parte Reexamination Certificate for the ’123 Patent
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`confirming the validity and patentability of claims 1-48. A true and correct copy of the ’123 Patent,
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`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.
`
`21.
`
`On August 29, 2017, the United States and Trademark Office duly and legally
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`issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled “Method to Provide Ad Hoc and
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`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
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`the validity and patentability of claims 1-68. A true and correct copy of the ’829 Patent, which
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`includes the August 16, 2021 Ex Parte Reexamination Certificate, is available at: https://image-
`
`ppubs.uspto.gov/dirsearch-public/print/downloadPdf/9749829.
`
`7
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 8 of 103 PageID #: 8
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`22.
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`AGIS Software is the sole and exclusive owner of all rights, title, and interest in the
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`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
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`has the right to recover all damages for past, present, and future infringement of the Patents-in-
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`Suit and to seek injunctive relief as appropriate under the law.
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`FACTUAL ALLEGATIONS
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`23. 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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`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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`24.
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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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`8
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 9 of 103 PageID #: 9
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`25.
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`AGIS Software was formed in 2017 and has since opened two offices in Texas,
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`including one office located at 2226 Washington Avenue #2, Waco, Texas 76702. AGIS Software
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`also maintains a data center in Texas.
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`26. Mr. Beyer has maintained longstanding ties to Texas and the Western District. In
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`1987, Mr. Beyer founded Advanced Programming Concepts, an Austin-based company focused
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`on real-time tactical command and control systems. Advanced Programming Concepts was later
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`acquired by Ultra Electronics, Inc. and is now the Advanced Tactical Systems unit of Ultra
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`Electronics, Inc., which is still based in Austin, Texas.
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`27.
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`AGIS Software licenses its patent portfolio, including the 8,213,970, 9,445,251,
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`9,467,838, 9,820,123, and 9,749,829 Patents, to AGIS, Inc. AGIS, Inc. has marked its products
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`accordingly. AGIS Software and all previous assignees of the Patents-in-Suit have complied with
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`the requirements of 35 U.S.C. § 287(a).
`
`28.
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`AT&T has manufactured, used, marketed, distributed, sold, offered for sale, and
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`exported from and imported into the United States products and software that infringe the Patents-
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`in-Suit, e.g., including at least the AT&T Secure Family application, AT&T Secure Family
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`Companion application,7 AT&T Fleet Complete applications and systems, AT&T Fleet Tracker
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`applications and systems,8 AT&T Fleet Management applications and systems, AT&T Workforce
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`Manager applications and systems, AT&T FirstNet applications and systems, AT&T FirstNet
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`Messaging applications and systems, AT&T FirstNet Push-to-Talk applications and systems,
`
`
`
`7 See
`https://play.google.com/store/apps/details?id=com.wavemarket.waplauncher&hl=en_US&gl=US
`8 See https://www.business.att.com/products/fleet-complete.html
`
`9
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 10 of 103 PageID #: 10
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`AT&T Enhanced PTT, AT&T FirstNet Rapid Response, AT&T amiGO, including all related
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`services and infrastructures (e.g., servers) (collectively, the “Accused Products”).9
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`29.
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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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`voice, and multimedia-based communication. The Accused Products include the functionalities
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`to display map information, including symbols corresponding with users, entities, and locations.
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`Additionally, the Accused Products include functionalities to form groups that include their own
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`devices in order to track, remotely control, and/or communicate with other users’ devices. The
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`Accused Products include functionalities to enable communications, such as voice calls between
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`users. The Accused Products practice the claims of the Asserted Patents to improve user
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`experiences and to improve AT&T’s position in the market.
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`30.
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`For example, the Secure Family Application and the Companion Application
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`(collectively “Secure Family”) enable family member devices to form location sharing groups.
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`Secure Family includes a map on each device’s display (e.g., a touchscreen display), and generates
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`symbols corresponding with the locations of family member devices, as shown below.10 Family
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`members may call, message, and communicate with other family member devices. Family
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`member devices may further remotely control one another, such as by limiting access to certain
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`websites, to block communication with certain contacts, to pause internet access, and/or to cause
`
`
`9 https://www.business.att.com/products/workforce-
`manager.html?source=EBBZ0000000000aBU&wtExtndSource=vanityWiFi&LNS=VN_MB_W
`M_WorkforceManager_0719
`10 See https://www.att.com/support/article/wireless/KM1271913/;
`https://www.att.com/support/article/wireless/KM1299008/
`
`10
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 11 of 103 PageID #: 11
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`a device to report its location at regular intervals. Family member devices may be added or invited
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`to a group based on a link sent via email and/or SMS.
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`11
`
`
`11 https://www.att.com/ecms/dam/att/consumer/help/pdf/Secure-Family-Index-of-Support-
`Documentation.pdf
`
`11
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 12 of 103 PageID #: 12
`Case 2:24-cv-00602-JRG Document1 Filed 07/29/24 Page 12 of 103 PagelD #: 12
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`
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`
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`
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`
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`
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`
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`
`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 13 of 103 PageID #: 13
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`2 min. ago — within 1000
`
`Objectionable
`
`Social Media
`
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`
`Messaging
`
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`
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`
`
`
`13
`
`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 14 of 103 PageID #: 14
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`12
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`31.
`
`For example, AT&T Fleet Complete, AT&T Fleet Tracker system, and AT&T Fleet
`
`Complete allow users to view the location of any tracked user or vehicle (e.g. with a GPS tracking
`
`system), updated every 2 minutes.13 Users may view a map which generates symbols
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`corresponding with the location of tracked users or vehicles, and may receive SMS alerts and/or
`
`email notifications for violation events.14 AT&T fleet tracking may be accessed via a mobile
`
`device, including through an application and/or web portal. Users may further create new map
`
`symbols (e.g. designated areas) which may remotely control vehicles that enter the area (e.g. to
`
`
`
`12
`https://play.google.com/store/apps/details?id=com.att.securefamilycompanion&hl=en_US&gl=U
`S;
`https://play.google.com/store/apps/details?id=com.wavemarket.waplauncher&hl=en_US&gl=US
`13 https://www.business.att.com/products/fleet-tracker.html
`14 Id.
`
`14
`
`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 15 of 103 PageID #: 15
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`report a status). AT&T Fleet Tracking further comprises an application on a mobile device of a
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`tracked user or vehicle and/or an MGS800 fleet tracking device.15 For example, users “may mount
`
`their smartphone or tablet inside the vehicle and use the mobile app available for Android.”16
`
`
`
`
`15 https://about.att.com/newsroom/2018/fleet_management_video_analytics.html; see also
`https://www.bestelddevices.com/att-fleet-complete-review/
`16 Id.; see also https://www.youtube.com/watch?v=mnbEoLKEFMI
`
`15
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 16 of 103 PageID #: 16
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`17
`
`18
`
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`17 https://www.bestelddevices.com/att-fleet-complete-review/
`18 https://www.youtube.com/watch?v=L4GJBMceDN0&t=105s
`
`16
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 17 of 103 PageID #: 17
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`19
`
`32.
`
`For example, AT&T Workforce Manager provides location tracking functionality
`
`of users through cellular devices and/or PDAs.20 Workforce Manager is a “cloud-based, all-in-one
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`[] software for managing employees, vehicles, and assets” that allows users to “make individual
`
`or group calls from within the Workforce Manager Application, view employees current locations,
`
`and more.”21 Workforce Manager allows users to manage job dispatching and set up geofencing
`
`and event-based location tracking in order to remotely monitor users’ locations and activities,
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`“illustrat[ing] a breadcrumb trail, displaying where the user has been” throughout the day.22
`
`
`19 https://www.youtube.com/watch?v=3boL--1RWKM
`20 https://www.business.att.com/products/workforce-
`manager.html?source=EBBZ0000000000aBU&wtExtndSource=vanityWiFi&LNS=VN_MB_W
`M_WorkforceManager_0719
`21 Id.; see also https://www.business.att.com/content/dam/attbusiness/infographics/mobility-
`field-management-att-workforce-manager-infographic.pdf;
`https://www.business.att.com/content/dam/attbusiness/reports/mobility-workforce-manager-
`white-paper.pdf; https://www.business.att.com/content/dam/attbusiness/briefs/workforce-
`manager-product-brief.pdf
`22 https://www.business.att.com/products/workforce-
`manager.html?source=EBBZ0000000000aBU&wtExtndSource=vanityWiFi&LNS=VN_MB_W
`M_WorkforceManager_0719
`
`17
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 18 of 103 PageID #: 18
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`23 Id.
`24 Id.
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`23
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`24
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`18
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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 19 of 103 PageID #: 19
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`33.
`
`The Workforce Manager Application can be installed on users’ smartphones and/or
`
`tablets via Google Play and the Apple App store.25 There is no limit to the number of users (e.g.
`
`employees) that can be tracked.26 In addition to location tracking functionality, Workforce
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`manager includes “push-to-talk” functionality that is “[c]ompatible with a wide array of handsets
`
`and tablet devices.”27 For example, “AT&T Workforce Manager Voice Dispatch combines the
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`communication capabilities of AT&T Enhanced Push-to-Talk with precision-based intelligent
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`tracking.”28 Upon information and belief, Workforce Manager transmits voice data via internet
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`protocol.
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`34. Workforce Manager further comprises an interactive display, and presents symbols
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`corresponding with the locations of other user devices (e.g. employees). 29 Upon information and
`
`belief, Workforce Manager uses both device and server-based databases for location data
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`corresponding with displayed symbols. Upon information and belief, Workforce Manager further
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`comprises distinct servers for map data (e.g. tile data) and for location data (e.g. longitude and
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`latitude of employee devices).
`
`
`25 https://www.business.att.com/products/workforce-
`manager.html?source=EBBZ0000000000aBU&wtExtndSource=vanityWiFi&LNS=VN_MB_W
`M_WorkforceManager_0719; see also https://apps.apple.com/us/app/at-t-workforce-
`manager/id986304516
`26 Id.
`27 https://www.business.att.com/content/dam/attbusiness/reports/mobility-workforce-manager-
`white-paper.pdf
`28 Id.
`29 See e.g. https://www.twowaydirect.com/att-workforce-manager-with-enhanced-push-to-talk/
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`19
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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 20 of 103 PageID #: 20
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`30
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`COUNT I
`(Infringement of the ’970 Patent)
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`35.
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`Paragraphs 1 through 34 are incorporated herein by reference as if fully set forth in
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`their entireties.
`
`36.
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`AGIS Software has not licensed or otherwise authorized AT&T 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.
`
`
`30 https://www.twowaydirect.com/att-workforce-manager-with-enhanced-push-to-talk/
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`20
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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 21 of 103 PageID #: 21
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`37.
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`AT&T infringes, contributes to the infringement of, and/or induces infringement of
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`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
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`’970 Patent including, but not limited to, the Accused Products.
`
`38.
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`AT&T has and continues to directly infringe at least claim 10 of the ’970 Patent,
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`either literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
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`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).
`
`39.
`
`AT&T 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
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`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 ’970 Patent. For example,
`
`AT&T, with knowledge that the Accused Products infringe the ’970 Patent at least as of the date
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`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).
`
`40.
`
`For example, AT&T has indirectly infringed and continues to indirectly infringe at
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`least claim 10 of the ’970 Patent in the United States because AT&T’s customers use the Accused
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`Products, including at least AT&T Secure Family, AT&T Fleet Complete, AT&T Fleet Tracker
`
`system, and AT&T Workforce Manager, alone and in conjunction with additional Accused
`
`Products and/or services, in accordance with AT&T’s instructions and thereby directly infringe at
`
`least claim 10 of the ’970 Patent in violation of 35 U.S.C. § 271. AT&T directly and/or indirectly
`
`intentionally instructs its customers to infringe through training videos, demonstrations, brochures,
`
`21
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 22 of 103 PageID #: 22
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`installations and/or user guides, such as those located at one or more of the following:
`
`https://www.att.com/support/article/wireless/KM1271913/;
`
`https://www.att.com/support/article/wireless/KM1299008/;
`
`https://www.youtube.com/watch?v=L4GJBMceDN0&t=105s;
`
`https://www.att.com/security/secure-family-app/; https://screenready.att.com/digital-parenting/;
`
`https://www.att.com/support/article/wireless/KM1271913; and AT&T agents and representatives
`
`located within this Judicial District. AT&T is thereby liable for infringement of the ’970 Patent
`
`under 35 U.S.C. § 271(b).
`
`41.
`
`For example, AT&T 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
`
`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
`
`22
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 23 of 103 PageID #: 23
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`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
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`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.
`
`
`31 https://www.att.com/security/secure-family-app/
`
`23
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`31
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 24 of 103 PageID #: 24
`
`32
`
`33
`
`
`32 https://www.att.com/support/article/wireless/KM1271913.
`33 https://www.att.com/support/article/wireless/KM1271913.
`
`24
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 25 of 103 PageID #: 25
`
`34
`
`35
`
`42.
`
`The Accused Products, such as AT&T Fleet Tracker, AT&T Workforce Manage,
`
`AT&T FirstNet, AT&T FirstNet Messaging, AT&T FirstNet Push-to-Talk, AT&T Enhanced PTT,
`
`
`34 https://www.att.com/security/secure-family-app/.
`35 https://www.att.com/security/secure-family-app/.
`
`25
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`

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`Case 2:24-cv-00602-JRG Document 1 Filed 07/29/24 Page 26 of 103 PageID #: 26
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`AT&T FirstNet Rapid Response, and AT&T amiGO, further include similar features and
`
`functionality to Secure Family, and infringe in a substantially similar manner.36
`
`37
`
`
`36 See e.g. www.att.com/workforcemanager; https://www.twowaydirect.com/att-workforce-
`manager-with-enhanced-push-to-talk/;
`https://www.business.att.com/content/dam/attbusiness/briefs/workforce-manager-product-
`brief.pdf; https://www.business.att.com/content/dam/attbusiness/reports/mobility-workforce-
`manager-white-paper.pdf;
`https://www.business.att.com/content/dam/attbusiness/infographics/mobility-field-management-
`att-workforce-manager-infographic.pdf; https://apps.apple.com/us/app/at-t-workforce-
`man