Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 1 of 59
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`Plaintiff,
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`SNAP INC.,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`§
`Case No. 6:24-cv-00433
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`§
`JURY TRIAL DEMANDED
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`PLAINTIFF’S COMPLAINT FOR PATENT INFRINGEMENT
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`v.
`
`
`
`Defendant.
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`
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`Plaintiff AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`Complaint against Defendant Snap Inc. (“Snap” 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. 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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`On information and belief, Defendant Snap is a corporation organized and existing
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`under the laws of the State of Delaware and maintains a place of business at 405 Colorado Street,
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`Austin, Texas 78701. Defendant is registered to conduct business in the State of Texas and has a
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`registered agent at Corporation Service Company DBA CSC – Lawyers Inco at 211 E. 7th Street,
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`Suite 620, Austin, Texas 78701.
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 2 of 59
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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 Western 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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`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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`2
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 3 of 59
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`PATENTS-IN-SUIT
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`7.
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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
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`the June 8, 2021 Ex Parte Reexamination Certificate, is attached hereto at Exhibit A.
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`8.
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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
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`and Trademark Office issued an Ex Parte Reexamination Certificate of the ’838 Patent determining
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`claims 1-84 to be valid and patentable. A true and correct copy of the ’838 Patent, which includes
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`the May 27, 2021 Ex Parte Reexamination Certificate, is attached hereto at Exhibit B.
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`9.
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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 attached hereto as
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`Exhibit C.
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`10.
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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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`3
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 4 of 59
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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 attached hereto as Exhibit D.
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`11.
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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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`12. 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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`13.
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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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`4
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 5 of 59
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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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`14.
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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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`15. 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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`16.
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`AGIS Software licenses its patent portfolio, including the’251, ’838, ’123, and ’829
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`Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS Software and all
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`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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`17.
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`Defendant has infringed and is continuing to infringe the Patents-in-Suit by making,
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`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 Snapchat application (the “Accused
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`Products”).1 The Accused Products infringe each of the Asserted Patents.
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`18.
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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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`1 See, e.g., https://www.snapchat.com/download
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`5
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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. The Accused Products
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`include the functionalities to display map information, including symbols corresponding with
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`users, entities, and locations. Additionally, the Accused Products include functionalities to form
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`groups that include their own devices in order to track and/or communicate with other users’
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`devices. The Accused Products practice the claims of the Asserted Patents to improve user
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`experiences and to improve Defendant’s position in the market.
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`6
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`2
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`7
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`2 https://www.snapchat.com/download
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 8 of 59
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`
`COUNT I
`(Infringement of the ’251 Patent)
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`3
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`19.
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`Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth in
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`their entireties.
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`3 https://www.snapchat.com/download
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`8
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`20.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, distribute, export from, or import any Accused Products and/or products that
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`embody the inventions of the ’251 Patent.
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`21.
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`Defendant
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`infringes, contributes
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`to
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`the
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`infringement of, and/or
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`induces
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`infringement of the ’251 Patent by making, using, selling, offering for sale, distributing, exporting
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`from, and/or importing into the United States products and/or methods covered by one or more
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`claims of the ’251 Patent including, but not limited to, the Accused Products.
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`22.
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`Defendant has and continues to directly infringe at least claim 24 of the ’251 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).
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`23.
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`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
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`or under the doctrine of equivalents, by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States the Accused Products and by instructing
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`users of the Accused Products to perform methods claimed in the ’251 Patent. For example,
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`Defendant, with knowledge that the Accused Products infringe the ’251 Patent at least as of the
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`date of this Complaint, actively, knowingly, and intentionally induced, and continues to actively,
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`knowingly, and intentionally induce direct infringement of the ’251 Patent. Alternatively,
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`Defendant believed there was a high probability that others would infringe the ’251 Patent but
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`remained willfully blind to the infringing nature of others’ actions.
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`24.
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`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
`
`9
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`Accused Products, including at least the Snapchat application and/or services or the Accused
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`Products with the Snapchat application and/or services, alone or in conjunction with additional
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`Accused Products, in accordance with Defendant’s instructions and thereby directly infringe at
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`least claim 24 of the ’251 Patent in violation of 35 U.S.C. § 271. Defendant directly and/or
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`indirectly intentionally instructs its customers to infringe through training videos, demonstrations,
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`brochures, installations and/or user guides, such as those located at one or more of the following:
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`https://www.snapchat.com/download; https://help.snapchat.com/hc/en-us; and Defendant’s agents
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`and representatives located within this Judicial District. Defendant is thereby liable for
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`infringement of the ’251 Patent under 35 U.S.C. § 271(b). Alternatively, Defendant believed there
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`was a high probability that others would infringe the ’251 Patent but remained willfully blind to
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`the infringing nature of others’ actions.
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`25.
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`For example, Defendant’s Accused Products allow users to share their locations
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`and view other users’ locations on a map and to communicate with those users via the Snapchat
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`App.
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`26.
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`For example, the exemplary Accused Products allow users to establish groups and
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`to exchange messages via interaction with servers which provide the Snapchat service, among
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`other relevant services. The exemplary Accused Products further allow users to retrieve map
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`information from multiple sources.
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`27.
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`The exemplary Accused Products are programmed to receive messages from other
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`devices where those messages relate to joining groups, as depicted below:
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`10
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`4
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`5
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`28.
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`The exemplary Accused Products are further programmed to facilitate participation
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`in the group by communicating with a server and sending to and receiving location information,
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`as depicted below:
`
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`4 https://help.snapchat.com/hc/en-us/articles/7012348774804-How-to-Create-Group-Chats-on-
`Snapchat#:~:text=Group%20Chats%20let%20you%20and,you%20want%20to%20Chat%20with
`!&text=Press%20and%20hold%20on%20a,%2C%20saved%20it%2C%20and%20more
`5 https://help.snapchat.com/hc/en-us/articles/7012337635604-How-do-I-add-Snapchat-friends-
`to-a-Group-Chat
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`11
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 12 of 59
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`6
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`6 https://help.snapchat.com/hc/en-us/articles/7012295450900-How-do-I-share-my-Live-
`Location-with-friends
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`12
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 13 of 59
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`7
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`7 https://help.snapchat.com/hc/en-us/articles/7012270909972-How-do-I-share-my-location-with-
`all-of-my-friends-on-Snapchat-
`#:~:text=Please%20Note%3A%20If%20you%20and,will%20expire%20after%2024%20hours
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`13
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 14 of 59
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`8
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`8 https://help.snapchat.com/hc/en-us/articles/7012277077140-How-do-I-share-my-location-with-
`only-select-friends-on-Snapchat
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`14
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 15 of 59
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`29.
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`This location information is presented on interactive displays on the exemplary
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`Accused Products which include interactive maps and a plurality of user selectable symbols
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`corresponding to other devices. These symbols are positioned on the map at positions
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`corresponding to the locations of the other devices, as depicted below:
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`9
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`9 https://www.youtube.com/watch?v=kJij5K7oXGs
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`15
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`10
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`10 https://play.google.com/store/apps/details?id=com.snapchat.android&hl=en_US&gl=US
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`16
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 17 of 59
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`11
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`12
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`11 https://values.snap.com/news/looking-out-for-friends-on-the-snap-map
`12 https://www.youtube.com/watch?v=vIL858323rc
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`17
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 18 of 59
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`13
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`14
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`30.
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`The exemplary Accused Products are programmed to permit users to request and
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`display additional maps by, for example, moving the map screen and/or by selecting satellite image
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`maps. The exemplary Accused Products are further programmed to permit interaction with the
`
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`13 https://www.youtube.com/watch?v=vIL858323rc
`14 https://help.snapchat.com/hc/en-us/articles/7012270909972-How-do-I-share-my-location-
`with-all-of-my-friends-on-Snapchat
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`18
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 19 of 59
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`display where a user may select one or more symbols and where the exemplary Accused Products
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`further permit data to be sent to other devices based on that interaction.
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`15
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`16
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`31.
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`AGIS Software has suffered damages as a result of Defendant’s direct and indirect
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`infringement of the ’251 Patent in an amount to be proved at trial.
`
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`15 https://www.youtube.com/watch?v=yjw7DmknDPI
`16 https://www.youtube.com/watch?v=yjw7DmknDPI
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`19
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`32.
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`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
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`of Defendant’s infringement of the ’251 Patent for which there is no adequate remedy at law unless
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`Defendant’s infringement is enjoined by this Court.
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`COUNT II
`(Infringement of the ’838 Patent)
`
`33.
`
`Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`34.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, distribute, export from, or import any products that embody the inventions of
`
`the ’838 Patent.
`
`35.
`
`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).
`
`36.
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`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).
`
`37.
`
`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
`
`20
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 21 of 59
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`date of this Complaint, actively, knowingly, and intentionally induced, and continues to actively,
`
`knowingly, and intentionally induce direct infringement of the ’838 Patent.
`
`38.
`
`For example, Defendant has indirectly infringed and continues to indirectly infringe
`
`at least claim 54 of the ’838 Patent in the United States because Defendant’s customers use the
`
`Accused Products, including at least the Snapchat application, in accordance with Defendant’s
`
`instructions and thereby directly infringe at least one claim of the ’838 Patent in violation of 35
`
`U.S.C. § 271. Defendant directly and/or indirectly intentionally instructs its customers to infringe
`
`through training videos, demonstrations, brochures, installations and/or user guides, such as those
`
`located
`
`at
`
`one
`
`or more
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`of
`
`the
`
`following:
`
`https://www.snapchat.com/download;
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`https://help.snapchat.com/hc/en-us; and Defendant’s agents and representatives located within this
`
`Judicial District. Defendant is thereby liable for infringement of the ’838 Patent under 35 U.S.C.
`
`§ 271(b).
`
`39.
`
`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 Snapchat
`
`application:
`
`40.
`
`For example, the exemplary Accused Products allow users to establish groups and
`
`to exchange messages via interaction with servers which provide the Snapchat services, among
`
`other relevant services. The exemplary Accused Products further allow users to retrieve map
`
`information from multiple sources, including street-view maps.
`
`41.
`
`The exemplary Accused Products are programmed to receive messages from other
`
`devices where those messages relate to joining groups, as depicted below:
`
`21
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 22 of 59
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`17
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`18
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`17 https://help.snapchat.com/hc/en-us/articles/7012348774804-How-to-Create-Group-Chats-on-
`Snapchat#:~:text=Group%20Chats%20let%20you%20and,you%20want%20to%20Chat%20with
`!&text=Press%20and%20hold%20on%20a,%2C%20saved%20it%2C%20and%20more
`18 https://help.snapchat.com/hc/en-us/articles/7012337635604-How-do-I-add-Snapchat-friends-
`to-a-Group-Chat
`
`22
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 23 of 59
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`42.
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`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:
`
`19
`
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`19 https://help.snapchat.com/hc/en-us/articles/7012295450900-How-do-I-share-my-Live-
`Location-with-friends
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`23
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 24 of 59
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`20
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`20 https://help.snapchat.com/hc/en-us/articles/7012270909972-How-do-I-share-my-location-
`with-all-of-my-friends-on-Snapchat-
`#:~:text=Please%20Note%3A%20If%20you%20and,will%20expire%20after%2024%20hours
`
`24
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 25 of 59
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`21
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`21 https://help.snapchat.com/hc/en-us/articles/7012277077140-How-do-I-share-my-location-
`with-only-select-friends-on-Snapchat
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`25
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 26 of 59
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`22
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`23
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`22 https://www.youtube.com/watch?v=vIL858323rc
`23 https://www.youtube.com/watch?v=vIL858323rc
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`26
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 27 of 59
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`43.
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`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:
`
`24
`
`
`24 https://help.snapchat.com/hc/en-us/articles/7012270909972-How-do-I-share-my-location-
`with-all-of-my-friends-on-Snapchat
`
`27
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 28 of 59
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`25
`
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`25 https://play.google.com/store/apps/details?id=com.snapchat.android&hl=en_US&gl=US
`
`28
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 29 of 59
`
`26
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`44.
`
`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.
`
`
`26 https://values.snap.com/news/looking-out-for-friends-on-the-snap-map
`
`29
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 30 of 59
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`27
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`28
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`45.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and indirect
`
`infringement of the ’838 Patent in an amount to be proved at trial.
`
`46.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a result
`
`of Defendant’s infringement of the ’838 Patent for which there is no adequate remedy at law unless
`
`Defendant’s infringement is enjoined by this Court.
`
`
`27 https://www.youtube.com/watch?v=yjw7DmknDPI
`28 https://www.youtube.com/watch?v=yjw7DmknDPI
`
`30
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 31 of 59
`
`COUNT III
`(Infringement of the ’123 Patent)
`
`47.
`
`Paragraphs 1 through 18 are incorporated herein by reference as if fully set forth in
`
`their entireties.
`
`48.
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`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, distribute, export from, or import any products that embody the inventions of
`
`the ’123 Patent.
`
`49.
`
`Defendant has and continues to directly infringe at least claim 23 of the ’123 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 23 of the ’123
`
`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 infringing Accused Products and by
`
`instructing users of the Accused Products to perform at least the method of claim 23 in the ’123
`
`Patent. For example, Defendant, with knowledge that the Accused Products infringe the ’123
`
`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 at least claim 23
`
`of the ’123 Patent in violation of 35 U.S.C. § 271(b). Alternatively, Defendant believed there was
`
`a high probability that others would infringe the ’123 Patent but remained willfully blind to the
`
`infringing nature of others’ actions.
`
`51.
`
`For example, Defendant has indirectly infringed and continues to indirectly infringe
`
`at least claim 23 of the ’123 Patent in the United States because Defendant’s customers use the
`
`31
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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 32 of 59
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`Accused Products, including at least the Snapchat Apps and/or services or the Accused Products
`
`with the Snapchat Apps and/or services, alone or in conjunction with additional Accused Products,
`
`in accordance with Defendant’s instructions and thereby directly infringe at least one claim of the
`
`’123 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://www.snapchat.com/download; https://help.snapchat.com/hc/en-us and Defendant’s agents
`
`and representatives located within this Judicial District. Defendant is thereby liable for
`
`infringement of the ’123 Patent under 35 U.S.C. § 271(b).
`
`52.
`
`Alternatively, Defendant believed there was a high probability that others would
`
`infringe the ’123 Patent but remained willfully blind to the infringing nature of others’ actions.
`
`For example, Defendant directly infringes and/or indirectly infringes by instructing its customers
`
`to infringe by a system comprising: a first device programmed to perform operations comprising:
`
`receiving a message sent by a second device, wherein the message relates to joining a group; based
`
`on receipt of the message sent by the second device, sending first location information to a first
`
`server and receiving second location information from the first server, the first location
`
`information comprising a location of the first device, the second location information comprising
`
`one or more locations of one or more respective second devices included in the group; sending,
`
`from the first device to a second server, a request for georeferenced map data; receiving, from the
`
`second server, the georeferenced map data; presenting, via an interactive display of the first device,
`
`a georeferenced map and one or more user-selectable symbols corresponding to one or more of the
`
`second devices, wherein the symbols are positioned on the georeferenced map at respective
`
`positions corresponding to the locations of the second devices represented by the symbols, and
`
`32
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 33 of 59
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`wherein the georeferenced map data relate positions on the georeferenced map to spatial
`
`coordinates; and identifying user interaction with the interactive display selecting a particular user-
`
`selectable symbol corresponding to a particular second device and user interaction with the display
`
`specifying an action and, based thereon, using an Internet Protocol to send data to the particular
`
`second device, wherein identifying the user interaction selecting the particular user-selectable
`
`symbol comprises: detecting user selection of a portion of the interactive display corresponding to
`
`a position on the georeferenced map, and identifying the particular user-selectable symbol based,
`
`at least in part, on coordinates of the selected position, comprising: searching a set of symbols for
`
`a symbol located nearest to the coordinates of the selected position, wherein the set of symbols
`
`includes the user-selectable symbols corresponding to the second devices in the group, and
`
`wherein data associated with the set of symbols include coordinates of portions of the display
`
`corresponding to the symbols in the set, and based on a result of searching the set of symbols,
`
`identifying the particular user-selectable symbol as the symbol located nearest to the coordinates
`
`of the selected position, wherein the particular user-selectable symbol corresponds to the particular
`
`second device. For example, the Accused Products include features, as shown below.
`
`53.
`
`For example, Defendant’s Accused Products allow users to share their locations
`
`and view others’ locations on a map and to communicate with those users via the Snapchat App.
`
`33
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 34 of 59
`
`29
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`
`29 https://play.google.com/store/apps/details?id=com.snapchat.android&hl=en_US&gl=US
`
`34
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 35 of 59
`
`30
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`54.
`
`Additionally, the exemplary Accused Products allow users to establish groups and
`
`to exchange messages via interaction with servers which provide the Snapchat servers, among
`
`other relevant services.
`
`55.
`
`The exemplary Accused Products are programmed to form and join groups by
`
`transmitting messages:
`
`
`30 https://values.snap.com/news/looking-out-for-friends-on-the-snap-map
`
`35
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`

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`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 36 of 59
`
`31
`
`32
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`56.
`
`The exemplary Accused Products are further programmed to facilitate participation
`
`in the groups by communicating with one or more servers and sending to and receiving location
`
`information, as depicted below:
`
`
`31 https://help.snapchat.com/hc/en-us/articles/7012348774804-How-to-Create-Group-Chats-on-
`Snapchat#:~:text=Group%20Chats%20let%20you%20and,you%20want%20to%20Chat%20with
`!&text=Press%20and%20hold%20on%20a,%2C%20saved%20it%2C%20and%20more
`32 https://help.snapchat.com/hc/en-us/articles/7012337635604-How-do-I-add-Snapchat-friends-
`to-a-Group-Chat
`
`36
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`

`

`Case 6:24-cv-00433-FB Document 1 Filed 08/23/24 Page 37 of 59
`
`33
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`
`33 https://help.snapchat.com/hc/en-us/articles/7012295450900-How-do-I-sha