Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 1 of 71 PageID #: 1
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`ACER INC.,
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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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`§
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`§
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`§
`§
`§
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`§
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
`
`v.
`
`
`
`Defendant.
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`
`
`
`
`Plaintiff AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Complaint against Defendant Acer Inc. (“Acer” or “Defendant”) for patent infringement under 35
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`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
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`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
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`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest
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`in and to U.S. Patent Nos. 8,213,970, 9,445,251, 9,467,838, 9,820,123, and 9,749,829 (the
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`“Patents-in-Suit”).
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`2.
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`On information and belief, Defendant Acer is a corporation organized under the
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`laws of Taiwan, having a principal place of business at 8F, 88, Sec. 1, Xintai 5th Road, Xizhi, New
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`Taipei City 221, Taiwan. On information and belief, Defendant may be served pursuant to the
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`provisions of the Hague Convention.
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 2 of 71 PageID #: 2
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`3.
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`On information and belief, Defendant directly and/or indirectly develops, designs,
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`manufactures, distributes, markets, offers for sale, and/or sells infringing products and services in
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`the United States, including in the Eastern District of Texas, and otherwise directs infringing
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`activities to this District in connection with its products and services.
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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement arising under the patent laws of the United
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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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`5.
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`This Court has specific and personal jurisdiction over Defendant in this action
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`because Defendant has committed acts within this Judicial District giving rise to this action and
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`has established minimum contacts with this forum, such that the exercise of jurisdiction over
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`Defendant would not offend traditional notions of fair play and substantial justice. Defendant
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`conducts business and has committed acts of patent infringement and/or has induced acts of patent
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`infringement by others in this Judicial District and/or has contributed to patent infringement by
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`others in this Judicial District, the State of Texas, and elsewhere in the United States by, among
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`other things, offering to sell and selling products and/or services that infringe the Patents-in-Suit.
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`Defendant has purposefully and voluntarily availed itself of the privileges of conducting business
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`in the United States, the State of Texas, and this District by continuously and systematically
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`placing goods into the stream of commerce through an established distribution channel with the
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`expectation that they will be purchased by consumers in this District. Defendant, directly and or
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`through intermediaries (including distributors, sales agents, and others) ships, distributes, sells,
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`offers to sell, imports, advertises, makes, and/or uses its products (including but not limited to the
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`products accused of infringement here) in the United States, the State of Texas, and this District.
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`2
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 3 of 71 PageID #: 3
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`6.
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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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`because Defendant has regular and established places of business in this Judicial District.
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`Defendant, through its own acts and/or through the acts of others, makes, uses, sells, distributes,
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`exports from, imports, and/or offers to sell infringing products within this Judicial District,
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`regularly does and solicits business in this Judicial District, and has the requisite minimum contacts
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`with this Judicial District, such that this venue is a fair and reasonable one.
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`7.
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`Defendant has authorized sellers and sales representatives that offer for sale and
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`sell infringing products to consumers at various locations throughout the State of Texas and this
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`Judicial District including, but not limited to: Best Buy, 422 West TX-281 Loop, Suite 100,
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`Longview, Texas 75605; Best Buy, 2800 North Central Expressway, Plano, Texas 75074; Best
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`Buy, 5514 South Broadway Avenue, Tyler, Texas 75703; Staples, 812 West McDermott Drive,
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`Allen, Texas 75013; Walmart Supercenter, 730 West Exchange Parkway, Allen, Texas 75013; and
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`Walmart Supercenter, 1701 East End Boulevard North, Marshall, Texas 75670.
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`PATENTS-IN-SUIT
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`8.
`
`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 Ex Parte
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`3
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 4 of 71 PageID #: 4
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`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.
`
`9.
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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 determining
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`claims 1-35 to be valid and patentable. A true and correct copy of the ’251 Patent, which includes
`
`the
`
`June
`
`8,
`
`2021 Ex
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`Parte Reexamination Certificate,
`
`is
`
`available
`
`at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,445,251.pn.&db=USPAT.
`
`10.
`
`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 determining
`
`claims 1-84 to be valid and patentable. A true and correct copy of the ’838 Patent, which includes
`
`the May
`
`27,
`
`2021 Ex
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`Parte Reexamination Certificate,
`
`is
`
`available
`
`at:
`
`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,467,838.pn.&db=USPAT.
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`11.
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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:
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`https://ppubs.uspto.gov/pubwebapp/external.html?q=9,820,123.pn.&db=USPAT.
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`4
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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 5 of 71 PageID #: 5
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`12.
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`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
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`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-
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`ppubs.uspto.gov/dirsearch-public/print/downloadPdf/9749829.
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`13.
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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
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`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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`14. 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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`15.
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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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`5
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 6 of 71 PageID #: 6
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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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`16.
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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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`17. Mr. Beyer has maintained longstanding ties to Texas and the Eastern 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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`18.
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`AGIS Software licenses its patent portfolio, including the ’970, ’251, ’838, ’123,
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`and ’829 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS Software
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`and all previous assignees of the Patents-in-Suit have complied with the requirements of 35 U.S.C.
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`§ 287(a).
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`19.
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`Defendant 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
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`inducing others to make, use, sell, offer to sell, distribute, export from, and/or import products that
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`infringe the Patents-in-Suit. Such products include at least the Family Safety Application, Find
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`6
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 7 of 71 PageID #: 7
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`My Device application, and Absolute Software application (the “Accused Products”).1 The
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`Accused Products infringe each of the Asserted Patents.
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`20.
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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. Additionally, the Accused Products include
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`functionalities to allow users to form and/or join networks or groups. Additionally, the users may
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`form groups that include their own devices in order to track their own lost or stolen devices, as
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`shown below; to send and receive communications from their own lost or stolen Accused Products;
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`and to remotely control the lost or stolen Accused Products. The Accused Products include the
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`functionalities to display map information, including symbols corresponding with users, entities,
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`and locations. Additionally, the Accused Products include functionalities to form groups that
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`include their own devices in order to track, remotely monitor and control, and/or communicate
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`with other users’ devices.
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` The Accused Products
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`include functionalities
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`to enable
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`communications, such as voice calls between users. The Accused Products practice the claims of
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`the Asserted Patents to improve user experiences and to improve Defendant’s position in the
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`market.
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`1 See, e.g., https://www.microsoft.com/en-us/microsoft-365/family-safety?ocid=cmmy4tuo5qp;
`https://www.absolute.com/partners/device-manufacturers/acer/;
`https://www.absolute.com/partners/device-compatibility/
`
`7
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 8 of 71 PageID #: 8
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`
`COUNT I
`(Infringement of the ’970 Patent)
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`2
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`21.
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`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 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.
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`23.
`
`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.
`
`
`2 https://www.microsoft.com/en-us/microsoft-365/family-safety
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`8
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`

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`24.
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`Defendant 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,
`
`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.
`
`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).
`
`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.
`
`26.
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`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 Family Safety Application and/or services or the Accused
`
`Products with the Family Safety Application and/or services, alone or in conjunction with
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`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://support.microsoft.com/en-us/account-billing/find-and-lock-a-lost-
`
`9
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 10 of 71 PageID #: 10
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`windows-device-890bf25e-b8ba-d3fe-8253-e98a12f26316;
`
`https://i.dell.com/sites/content/business/solutions/brochures/en/Documents/absolute-track.pdf;
`
`https://blog.acer.com/en/discussion/955/how-to-setup-parental-controls-on-a-windows-computer;
`
`https://community.acer.com/en/kb/articles/14760-how-to-setup-parental-controls-on-acer-
`
`chromebooks#:~:text=Your%20Acer%20Chromebook%20allows%20you,the%20ability%20to
`
`%20grant%20permissions; 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.
`
`27.
`
`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
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`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
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`message alert is forced by a forced message alert software application program, said method
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`comprising the steps of: receiving an electronically transmitted electronic message; identifying
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`said electronic message as a forced message alert, wherein said forced message alert comprises a
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`voice or text message and a forced message alert application software packet, which triggers the
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`activation of the forced message alert software application program within the recipient PDA/cell
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`phone; transmitting an automatic acknowledgment of receipt to the sender PDA/cell phone, which
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`triggers the forced message alert software application program to take control of the recipient
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`PDA/cell phone and shows the content of the text message and a required response list on the
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`display recipient PDA/cell phone or to repeat audibly the content of the voice message on the
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`speakers of the recipient PDA/cell phone and show the required response list on the display
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`10
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`

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`recipient PDA/cell phone; and transmitting a selected required response from the response list in
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`order to allow the message required response list to be cleared from the recipient’s cell phone
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`display, whether said selected response is a chosen option from the response list, causing the forced
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`message alert software to release control of the recipient PDA/cell phone and stop showing the
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`content of the text message and a response list on the display recipient PDA/cell phone and/or stop
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`repeating the content of the voice message on the speakers of the recipient PDA/cell phone;
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`displaying the response received from the PDA cell phone that transmitted the response on the
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`sender of the forced alert PDA/cell phone; and providing a list of the recipient PDA/cell phones
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`that have automatically acknowledged receipt of a forced alert message and their response to the
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`forced alert message; and displaying a geographical map with georeferenced entities on the display
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`of the sender PDA/cell phone; obtaining location and status data associated with the recipient
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`PDA/cellphone; and presenting a recipient symbol on the geographical map corresponding to a
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`correct geographical location of the recipient PDA/cellphone based on at least the location data.
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`For example, the Accused Products include features as shown below.
`
`11
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 12 of 71 PageID #: 12
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`
`
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` 3
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` 4
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`28.
`
`The Accused Products, such as the Absolute Software applications, further include
`
`similar features and functionalities to Family Safety, and infringe in a substantially similar
`
`manner.5
`
`
`3 https://support.microsoft.com/en-us/account-billing/find-and-lock-a-lost-windows-device-
`890bf25e-b8ba-d3fe-8253-e98a12f26316
`4 https://support.microsoft.com/en-us/account-billing/find-and-lock-a-lost-windows-device-
`890bf25e-b8ba-d3fe-8253-e98a12f26316
`5 See, e.g., https://homeoffice.absolute.com/
`
`12
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`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 13 of 71 PageID #: 13
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`
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`6
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`29.
`
`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.
`
`30.
`
`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)
`
`31.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`
`6 https://homeoffice.absolute.com/
`
`13
`
`

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`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 14 of 71 PageID #: 14
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`32.
`
`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.
`
`33.
`
`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.
`
`34.
`
`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).
`
`35.
`
`Defendant has and continues to indirectly infringe at least claim 24 of the ’251
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either literally
`
`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States the Accused Products and by instructing
`
`users of the Accused Products to perform methods claimed in the ’251 Patent. For example,
`
`Defendant, with knowledge that the Accused Products infringe the ’251 Patent at least as of the
`
`date of this Complaint, actively, knowingly, and intentionally induced, and 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.
`
`36.
`
`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
`
`14
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 15 of 71 PageID #: 15
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`Accused Products, including at least Family Safety Application and/or services or the Accused
`
`Products with the Family Safety Application 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://support.microsoft.com/en-us/account-billing/find-and-lock-a-lost-
`
`windows-device-890bf25e-b8ba-d3fe-8253-e98a12f26316;
`
`https://i.dell.com/sites/content/business/solutions/brochures/en/Documents/absolute-track.pdf;
`
`https://blog.acer.com/en/discussion/955/how-to-setup-parental-controls-on-a-windows-computer;
`
`https://community.acer.com/en/kb/articles/14760-how-to-setup-parental-controls-on-acer-
`
`chromebooks#:~:text=Your%20Acer%20Chromebook%20allows%20you,the%20ability%20to
`
`%20grant%20permissions; and Defendant’s 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.
`
`37.
`
`For example, Defendant’s Accused Products allow users to share their locations
`
`and view other users’ locations on a map and to communicate with those users via the Family
`
`Safety Application.
`
`38.
`
`For example, the exemplary Accused Products allow users to establish groups and
`
`to exchange messages via interaction with servers which provide the Family Safety services,
`
`among other relevant services. The exemplary Accused Products further allow users to retrieve
`
`map information from multiple sources, including street-view maps.
`
`15
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 16 of 71 PageID #: 16
`
`39.
`
`The exemplary Accused Products are programmed to receive messages from other
`
`devices where those messages relate to joining groups, as depicted below:
`
`7
`
`
`7 https://www.microsoft.com/en-us/microsoft-365/family-safety?rtc=1
`
`16
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 17 of 71 PageID #: 17
`
`8
`
`
`8 https://support.microsoft.com/en-us/account-billing/find-your-family-on-a-map-7a47e821-
`70fa-7aca-c35b-3542275f8a85
`
`17
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 18 of 71 PageID #: 18
`
`9
`
`
`9 https://support.microsoft.com/en-us/account-billing/location-based-experiences-in-microsoft-
`family-safety-48704c11-da47-05c3-6c75-e032d54bc563
`
`18
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 19 of 71 PageID #: 19
`
`10
`
`11
`
`
`10 https://support.microsoft.com/en-us/account-billing/add-people-to-your-family-group-
`4a07b974-8103-16ad-6ea2-46549ca19e03
`11 https://support.microsoft.com/en-us/account-billing/add-people-to-your-family-group-
`4a07b974-8103-16ad-6ea2-46549ca19e03
`
`19
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 20 of 71 PageID #: 20
`
`40.
`
`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:
`
`12
`
`13
`
`
`12 https://support.microsoft.com/en-us/account-billing/add-people-to-your-family-group-
`4a07b974-8103-16ad-6ea2-46549ca19e03
`13 https://support.microsoft.com/en-us/account-billing/location-based-experiences-in-microsoft-
`family-safety-48704c11-da47-05c3-6c75-e032d54bc563
`
`20
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 21 of 71 PageID #: 21
`
`14
`
`
`14 https://support.microsoft.com/en-us/account-billing/set-up-family-location-sharing-796dfbde-
`1055-86ca-06a6-bb519053d200
`
`21
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 22 of 71 PageID #: 22
`
`41.
`
`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:
`
`15
`
`
`15 https://support.microsoft.com/en-us/account-billing/set-up-family-location-sharing-796dfbde-
`1055-86ca-06a6-bb519053d200
`
`22
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 23 of 71 PageID #: 23
`
`16
`
`
`16 https://support.microsoft.com/en-us/account-billing/find-your-family-on-a-map-7a47e821-
`70fa-7aca-c35b-3542275f8a85
`
`23
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 24 of 71 PageID #: 24
`
`17
`
`42.
`
`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
`
`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.
`
`
`17 https://www.microsoft.com/en-us/microsoft-365/blog/2020/05/11/new-microsoft-family-
`safety-app-now-available-preview-ios-android/
`
`24
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 25 of 71 PageID #: 25
`
`18
`
`19
`
`
`18 https://support.microsoft.com/en-au/topic/saved-places-and-location-alerts-97c31393-3863-
`6cf1-a290-950f89549fdc
`19 https://support.microsoft.com/en-au/topic/saved-places-and-location-alerts-97c31393-3863-
`6cf1-a290-950f89549fdc
`
`25
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 26 of 71 PageID #: 26
`
`43.
`
`The Accused Products, such as the Absolute Software applications, further include
`
`similar features and functionalities to Family Safety, and infringe in a substantially similar
`
`manner.20
`
`
`
`21
`
`44.
`
`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.
`
`45.
`
`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.
`
`
`20 See, e.g., https://homeoffice.absolute.com/
`21 https://homeoffice.absolute.com/
`
`26
`
`

`

`Case 2:24-cv-00660-JRG Document 1 Filed 08/13/24 Page 27 of 71 PageID #: 27
`
`COUNT III
`(Infringement of the ’838 Patent)
`
`46.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`47.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, distribute, export from, or import any products that embody the inventions of
`
`the ’838 Patent.
`
`48.
`
`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).
`
`49.
`
`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).
`
`50.
`
`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
`
`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 direc