Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 1 of 24 PageID #: 1
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` 
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT
`LLC,
`
`
`Plaintiff,
`
`
`
`v.
`
`
`SAMSUNG ELECTRONICS CO., LTD.
`and SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`
`
`Defendants.
`
`
`Case No. 2:19-cv-362
`
`JURY TRIAL DEMANDED
`
`
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
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`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`original Complaint against Defendants Samsung Electronics Co., Ltd. (“Samsung Electronics”)
`
`and Samsung Electronics America, Inc. (“Samsung Electronics America”) (collectively
`
`“Samsung” or “Defendants”) for patent infringement under 35 U.S.C. § 271 and alleges as
`
`follows:
`
`THE PARTIES
`
`1.
`
`Plaintiff AGIS Software is a limited liability company organized and existing
`
`under the laws of the State of Texas, and maintains its principal place of business at 100 W.
`
`Houston Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and
`
`interest in and to U.S. Patent Nos. 9,820,123 and 9,749,829 (the “Patents-in-Suit”).
`
`2.
`
`Defendant Samsung Electronics is a corporation organized and existing under the
`
`laws of the Republic of Korea, with its principal place of business at 129 Samsung-Ro,
`
`Yeongtong-Gu, Suwon-Si, Gyeonggi-Do, 443-742, Republic of Korea. Upon information and
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 2 of 24 PageID #: 2
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`belief, Samsung Electronics does business in Texas, directly or through intermediaries, and
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`offers its products and/or services, including those accused herein of infringement, to customers
`
`and potential customers located in Texas, including in the Judicial District of the Eastern District
`
`of Texas. 
`
`3.
`
`Defendant Samsung Electronics America is a corporation organized under the
`
`laws of New York, with its principal place of business at 85 Challenger Road, Ridgefield Park,
`
`NJ 07660. Upon information and belief, Samsung Electronics America has corporate offices in
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`the Eastern District of Texas at 1303 East Lookout Drive, Richardson, Texas 75082 and 2800
`
`Technology Drive, Suite 200, Plano, Texas 75074. Samsung Electronics America has publicly
`
`indicated that in early 2019, it would be centralizing multiple offices in a new location in the
`
`Eastern District of Texas at the Legacy Central office campus,1 located at 6225 Declaration
`
`Drive, Plano, Texas 75023. Samsung Electronics America may be served with process through
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`its registered agent CT Corporation System, 1999 Bryan Street, Suite 900, Dallas, Texas 75201-
`
`3136. 
`
`4.
`
`Defendants have authorized sellers and sales representatives that offer and sell
`
`products pertinent to this Complaint through the State of Texas, including in this Judicial
`
`District, and to consumers throughout this Judicial District, such as: Best Buy, 422 West TX-281
`
`Loop, Suite 100, Longview, Texas 75605; AT&T Store, 1712 East Grand Avenue, Marshall,
`
`Texas 75670; Sprint Store, 1806 East End Boulevard North, Suite 100, Marshall, TX 75670; T-
`
`Mobile, 900 East End Boulevard North, Suite 100, Marshall, TX 75670; Verizon authorized
`
`retailers, including Russell Cellular, 1111 East Grand Avenue, Marshall, Texas 75670; Victra,
`
`                                                            
`1 https://news.samsung.com/us/samsung-electronics-america-open-flagship-north-texas-campus/,
`last accessed Apr. 29, 2019.
`
`2
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`

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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 3 of 24 PageID #: 3
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`1006 East End Boulevard, Marshall, Texas 75670; and Cricket Wireless authorized retailer, 120
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`East End Boulevard South, Marshall, TX 75670.
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`JURISDICTION AND VENUE
`
`5.
`
`This is an action for patent infringement arising under the patent laws of the
`
`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
`
`pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
`
`6.
`
`This Court has specific and personal jurisdiction over each of the Defendants
`
`consistent with the requirements of the Due Process Clause of the United States Constitution and
`
`the Texas Long Arm Statute. Upon information and belief, each Defendant has sufficient
`
`minimum contacts with the forum because each Defendant transacts substantial business in the
`
`State of Texas and in this Judicial District. Further, each Defendant has, directly or through
`
`subsidiaries or intermediaries, committed and continues to commit acts of patent infringement in
`
`the State of Texas and in this Judicial District as alleged in this Complaint, as alleged more
`
`particularly below.
`
`7.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
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`1391(b) and (c) because each Defendant is subject to personal jurisdiction in this Judicial
`
`District, has committed acts of patent infringement in this Judicial District, and has a regular and
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`established place of business in this Judicial District. Each Defendant, through its own acts
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`and/or through the acts of each other Defendant, makes, uses, sells, and/or offers to sell
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`infringing products within this Judicial District, regularly does and solicits business in this
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`Judicial District, and has the requisite minimum contacts with the Judicial District such that this
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`venue is a fair and reasonable one. Further, upon information and belief, the Defendants have
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`3
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 4 of 24 PageID #: 4
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`admitted or not contested proper venue in this Judicial District in other patent infringement
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`actions.
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`PATENTS-IN-SUIT
`
`8.
`
`On November 14, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,820,123 (the “’123 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’123
`
`Patent is attached hereto as Exhibit A.
`
`9.
`
`On August 29, 2017, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,749,829 (the “’829 Patent”) entitled “Method to Provide Ad Hoc
`
`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’829
`
`Patent is attached hereto as Exhibit B.
`
`FACTUAL ALLEGATIONS
`
`10. Malcolm K. “Cap” Beyer, Jr., a graduate of the United States Naval Academy and
`
`a former U.S. Marine, is the CEO of AGIS Software and a named inventor of the AGIS patent
`
`portfolio. Mr. Beyer founded Advanced Ground Information Systems, Inc. (“AGIS, Inc.”)
`
`shortly after the September 11, 2001 terrorist attacks because he believed that many first-
`
`responder and civilian lives could have been saved through the implementation of a better
`
`communication system. He envisioned and developed a new communication system that would
`
`use integrated software and hardware components on mobile devices to give users situational
`
`awareness superior to systems provided by conventional military and first-responder radio
`
`systems.
`
`11.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first-responders, law enforcement, and military personnel with what is essentially a
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`4
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 5 of 24 PageID #: 5
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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
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
`
`their efforts.
`
`12.
`
`AGIS Software licenses its patent portfolio, including the ’123 and ’829 Patents,
`
`to AGIS, Inc. AGIS, Inc.’s LifeRing product practices one or more of the patents in the AGIS
`
`portfolio and AGIS, Inc. has marked its products accordingly.
`
`13.
`
`AGIS Software and all previous assignees of the Patents-in-Suit have complied
`
`with the requirements of 35 U.S.C. § 287(a).
`
`14.
`
`Non-party Google, Inc. (“Google”) licenses the Android operating system to third
`
`parties, including Defendants, who design their own products that utilize the Android operating
`
`system. The Android operating system is the most widely used in smartphones and other mobile
`
`devices in the United States.2
`
`15.
`
`Defendants manufacture, use, sell, offer for sale, and/or import into the United
`
`States electronic devices, such as Android-based smartphones, tablets, and smart watches
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`(including, but not limited to, the GT-I7500 Galaxy, i5700 Galaxy Spica, Galaxy S, Galaxy SL,
`
`Galaxy S II, Galaxy S Advance, Galaxy S III, Galaxy S Duos, Galaxy S III Mini, Galaxy S II
`
`Plus, Galaxy S4, Galaxy S4 Active, Galaxy S4 Mini, Galaxy S4 Zoom, Galaxy S Duos 2, Galaxy
`
`S III Slim, Galaxy S5, Galaxy S III Neo, Galaxy S5 Active, Galaxy S5 Mini, Galaxy S Duos 3,
`
`Galaxy S5 Plus, Galaxy S6, Galaxy S6 Edge, Galaxy S5 Neo, Galaxy S6 Active, Galaxy S6
`
`Edge+, Galaxy S7, Galaxy S7 Edge, Galaxy S7 Active, Galaxy S8, Galaxy S8+, Galaxy S8
`
`                                                            
`2 https://www.statista.com/statistics/266572/market-share-held-by-smartphone-platforms-in-the-united-
`states/. 
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`5
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 6 of 24 PageID #: 6
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`Active, Galaxy S9, Galaxy S9+, Galaxy S10e, Galaxy S10, Galaxy S10+, Galaxy S10 5G,
`
`Galaxy Alpha, Galaxy A3, Galaxy A5, Galaxy A7, Galaxy A8, Galaxy A3, Galaxy A5, Galaxy
`
`A7, Galaxy A8, Galaxy A8+, Galaxy A6, Galaxy A6+, Galaxy A8 Star, Galaxy A7, Galaxy A9,
`
`Galaxy A6s, Galaxy A8s, Galaxy A30, Galaxy A50, Galaxy A10, Galaxy A20, Galaxy A40,
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`Galaxy A70, Galaxy A20e, Galaxy A80, Galaxy A40s, Galaxy A60, Galaxy A10s, Galaxy A20s,
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`Galaxy A10e, Galaxy C5, Galaxy C7, Galaxy C9, Galaxy C9 Pro, Galaxy C7 Pro, Galaxy C5
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`Pro, Galaxy C8, Galaxy J, Galaxy J1, Galaxy J5, Galaxy J7, Galaxy J2, Galaxy J1 Ace, Galaxy
`
`J3 (2016), Galaxy J1 Nxt, Galaxy J1 Mini, Galaxy J5 (2016), Galaxy J3 Pro, Galaxy J7, Galaxy J
`
`Max, Galaxy J1 Ace Neo, Galaxy J2 (2016), Galaxy J1 (2016), Galaxy J5 Prime, Galaxy J7
`
`Prime, Galaxy J1 Mini Prime, Galaxy J2 Prime, Galaxy J3 Emerge, Galaxy J7 V, Galaxy J3
`
`Prime, Galaxy J3 (2017), Galaxy J5 (2017), Galaxy J7 (2017), Galaxy J7 Pro, Galaxy J7 Max,
`
`Galaxy J7 Nxt, Galaxy J3 Luna Pro, Galaxy J7 Sky Pro, Galaxy J7+, Galaxy J2 (2017), Galaxy
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`J2 Pro, Galaxy J7 Prime 2, Galaxy J7 Duo, Galaxy J4, Galaxy J6, Galaxy J3 (2018), Galaxy J7
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`(2018), Galaxy J2 Core, Galaxy J4+, Galaxy J6+, Galaxy J4 Core, Galaxy M, Galaxy M10,
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`Galaxy M20, Galaxy M30, Galaxy M40, Galaxy E5, Galaxy E7, Galaxy Grand, Galaxy Core,
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`Galaxy Core Plus, Galaxy Grand 2, Galaxy Grand Neo, Galaxy Core Prime, Galaxy Grand Prime
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`Plus, Galaxy Grand Prime Pro, Galaxy Mega 5.8, Galaxy Mega 6.3, Galaxy Mega 2, Galaxy
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`Mini, Galaxy Mini 2, Galaxy Trend, Galaxy Trend Lite, Galaxy Trend Plus, Galaxy Ace, Galaxy
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`Ace Plus, Galaxy Ace 2, Galaxy Ace 3, Galaxy Ace Style, Galaxy Ace 4, Galaxy On7, Galaxy
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`On5, Galaxy On5 Pro, Galaxy On5 (2016), Galaxy On7 (2016), Galaxy On7 Pro, Galaxy On8,
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`Galaxy On Nxt, Galaxy On Max, Galaxy On7 Prime, Galaxy On6, Galaxy On8 (2018), Galaxy
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`R, Galaxy R Style, Galaxy Y, Galaxy Y Duos, Galaxy Young, Galaxy Young 2, Galaxy Pocket,
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`Galaxy Pocket Plus, Galaxy Pocket Neo, Galaxy Pocket Duos, Galaxy Pocket 2, Galaxy U,
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`6
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`Galaxy Neo, Galaxy Pro, Galaxy Precedent, Galaxy Z, Galaxy Rush, Galaxy 5, Galaxy W,
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`Galaxy Fit, Galaxy Gio, Galaxy Prevail, Galaxy Nexus, Galaxy Discover, Galaxy Reverb,
`
`Galaxy Stellar, Galaxy Appeal, Galaxy Express, Galaxy Express 2, Galaxy Fame, Galaxy Star,
`
`Galaxy Win, Galaxy Win Pro, Galaxy Star Pro, Galaxy Fame Lite, Galaxy Round, Galaxy Light,
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`Galaxy V, Galaxy V Plus, Galaxy V2, Galaxy K Zoom, Galaxy Folder, Galaxy Active Neo,
`
`Galaxy Folder 2, Galaxy Fold, Galaxy Note, Galaxy Note II, Galaxy Note 3, Galaxy Note 4,
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`Galaxy Note Edge, Galaxy Note 5, Galaxy Note 7, Galaxy Note Fan Edition, Galaxy Note 8,
`
`Galaxy Note 9, Galaxy Note 10, Galaxy Note 10+, Galaxy Note 10+ 5G, Galaxy Tab, Galaxy
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`Tab 7.0, Galaxy Tab 10.1, Galaxy Tab 10.1N, Galaxy Tab 10.1v, Galaxy Tab 8.9, Galaxy Tab
`
`7.0 Plus, Galaxy Tab 7.7, Galaxy Tab 2 7.0, Galaxy Tab 2 10.1, Galaxy Tab 3 7.0, Galaxy Tab 3
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`Lite 7.0, Galaxy Tab 3 8.0, Galaxy Tab 3 10.1, Galaxy Tab 4 7.0, Galaxy Tab 4 8.0, Galaxy Tab
`
`4 10.1, Galaxy Tab Pro 8.4, Galaxy Tab Pro 10.1, Galaxy Tab Pro 12.2, Galaxy Tab S 8.4,
`
`Galaxy Tab S 10.5, Galaxy Tab S2 8.0, Galaxy Tab S2 9.7, Galaxy Tab S3 9.7, Galaxy Tab S4
`
`10.5, Galaxy Tab E 8, Galaxy Tab E 9.6, Galaxy Tab A 8.0, Galaxy Tab A 9.7, Galaxy Tab A
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`6.0, Galaxy Tab A 7.0, Galaxy Tab A 8.0 (2017), Galaxy Tab A 10.1 (2016), Galaxy Tab A 10.1,
`
`Galaxy Tab A 10.5, Galaxy Tab Pro S 12.0, Galaxy Book 10.6, Galaxy Book 12.0, Galaxy Tab
`
`Active, Galaxy Tab Active 2, Galaxy View, Galaxy Note 8.0, Galaxy Note 10.1, Galaxy Note
`
`10.1 (2014), Galaxy Note Pro 12.2, Galaxy Gear, Gear Sport, Gear S3 Frontier, Galaxy Watch,
`
`Galaxy Watch Active, and Galaxy Watch Active 2 (collectively, the “Accused Devices”), all of
`
`which are pre-configured or adapted with map-based communication applications and/or features
`
`such as Google Maps, Find My Device (formerly Android Device Manager), Messages, Android
`
`Messenger, Hangouts, Google Plus, Google Latitude, Play Protect, Google Chrome, among other
`
`relevant applications and/or features. The Accused Devices include software including, but not
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`7
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 8 of 24 PageID #: 8
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`limited to, the above-listed applications and/or features as components of its operating system
`
`and as downloads from a pre-installed application store, such as the Google Play Store and
`
`Samsung Galaxy Store, in the Accused Devices. The Accused Devices, together with software
`
`components such as, but not limited to, Google Maps, Android Device Manager, Find My
`
`Device, Messages, Android Messenger, Hangouts, Google Plus, Google Latitude, Play Protect,
`
`Google Chrome, are configured to interact with Defendants’ and/or Google’s servers which
`
`provide corresponding services related to at least Maps, Groups, Hangouts, Google+, Cloud, and
`
`Find My Device utilized by Samsung’s customers when operating the Accused Devices, such as
`
`the Galaxy devices identified herein.
`
`16.
`
`The Accused Devices include functionalities that allow users to form groups with
`
`other users such that users may view each other’s locations on a map and engage in
`
`communication including text, voice, and multimedia-based communication. Additionally, the
`
`users may form groups that include their own devices in order to track their own lost or stolen
`
`devices as shown below; to send and receive communications from their own lost or stolen
`
`Accused Devices; and to remotely control the lost or stolen Accused Devices.
`
`8
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 9 of 24 PageID #: 9
`Case 2:19—cv-00362 Document 1 Filed 11/04/19 Page 9 of 24 PageID #: 9
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 10 of 24 PageID #: 10
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`
`COUNT I
`(Infringement of the ’123 Patent)
`
`17.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`18.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any products that embody the inventions of the ’123 Patent.
`
`19.
`
`Defendants have and continue to directly infringe at least claim 23 of the ’123
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling, and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`20.
`
`Defendants have and continue 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, offering to sell, selling, and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’123 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’123 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’123 Patent.
`
`21.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 23 of the ’123 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Samsung Messages, Google
`
`Hangouts, Google Plus, Google Latitude, Google Play Protect, and Google Chrome apps
`
`installed on the Accused Devices, in accordance with Defendants’ instructions and thereby
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`10
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 11 of 24 PageID #: 11
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`directly infringe at least one claim of the ’123 Patent in violation of 35 U.S.C. § 271. Defendants
`
`directly and/or indirectly intentionally instruct 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://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’123 Patent under 35 U.S.C. § 271(b).
`
`22.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their locations and view other users’ locations on a
`
`map and to communicate with those users via the Google Maps app (as shown below) which is
`
`integrated with Google Messages, Android Messenger, and Samsung Messages and which are
`
`also pre-installed on the Accused Devices.
`
`23.
`
`For example, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Google’s servers and Samsung’s servers which
`
`
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`11
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 12 of 24 PageID #: 12
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`provide the Samsung Cloud service, Google Cloud service, Google Maps service, Google
`
`Messages service, and Samsung Messages service, among other relevant services. The
`
`exemplary Accused Devices further allow users to retrieve map information from multiple
`
`sources including street-view maps.
`
`24.
`
`The exemplary Accused Devices are programmed to receive messages from other
`
`devices where those messages relate to joining groups, as depicted below. (e.g.,
`
`https://support.google.com/plus/answer/3302509?hl=en&co=GENIE.Platform%3DAndroid&oco
`
`=1; https://support.google.com/mail/answer/30970?hl=en;
`
`http://eguides.sprint.com/support/eguides/samsunggalaxys7/content/samsung_galaxy_s7_ug/gro
`
`ups.html).
`
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`12
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`25.
`
`The exemplary Accused Devices are further programmed to facilitate
`
`participation in the groups by communicating with a server and sending to and receiving location
`
`information, as depicted below. (e.g.,
`
`https://developers.google.com/maps/documentation/android-api/location).
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`13
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 14 of 24 PageID #: 14
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`26.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Devices which includes interactive maps and a plurality of user selectable symbols
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`corresponding to the locations of the other devices, as depicted below. (e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/).
`
`27.
`
`The exemplary Accused Devices are further 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 Devices are further programmed to permit
`
`interaction with the display where a user may select one or more symbols and where the
`
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`14
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 15 of 24 PageID #: 15
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`exemplary Accused Devices further permit data to be sent to other devices based on that
`
`interaction.
`
`28.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’123 Patent in an amount to be proved at trial.
`
`29.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’123 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`30.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’123 Patent. Defendants’
`
`infringement of the ’123 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`COUNT II
`(Infringement of the ’829 Patent)
`
`31.
`
`Paragraphs 1 through 17 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`32.
`
`AGIS Software has not licensed or otherwise authorized Defendants to make, use,
`
`offer for sale, sell, or import any Accused Devices and/or products that embody the inventions of
`
`the ’829 Patent.
`
`33.
`
`Defendants have and continue to directly infringe at least claim 68 of the ’829
`
`Patent, either literally or under the doctrine of equivalents, by making, using, offering to sell,
`
`selling and/or importing into the United States the Accused Devices without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`15
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`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 16 of 24 PageID #: 16
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` 
`
`34.
`
`Defendants have and continue to indirectly infringe at least claim 68 of the ’829
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, offering to sell, selling and/or
`
`importing into the United States the Accused Devices and by instructing users of the Accused
`
`Devices to perform methods claimed in the ’829 Patent. For example, Defendants, with
`
`knowledge that the Accused Devices infringe the ’829 Patent at least as of the date of this
`
`Complaint, actively, knowingly, and intentionally induced, and continue to actively, knowingly,
`
`and intentionally induce direct infringement of the ’829 Patent.
`
`35.
`
`For example, Defendants have indirectly infringed and continue to indirectly
`
`infringe at least claim 68 of the ’829 Patent in the United States because Defendants’ customers
`
`use such devices, including at least the Google Maps, Find My Device (formerly Android Device
`
`Manager), Find My Phone, Google Messages, Android Messenger, Google Hangouts, Google
`
`Plus, Google Latitude, Google Play Protect, and Google Chrome apps installed on the Accused
`
`Devices, in accordance with Defendants’ instructions and thereby directly infringe at least one
`
`claim of the ’829 Patent in violation of 35 U.S.C. § 271. Defendants directly and/or indirectly
`
`intentionally instruct 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://ss7.vzw.com/is/content/VerizonWireless/Devices/Samsung/note/samsung-galaxy-note9-
`
`ug.pdf and https://www.samsung.com/my/support/mobile-devices/how-do-i-use-android-device-
`
`manager-to-locate-lock-and-erase-my-lost-samsung-galaxy-s5/, and Google agents and
`
`representatives located within this Judicial District. Defendants are thereby liable for
`
`infringement of the ’829 Patent under 35 U.S.C. § 271(b).
`
`16
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`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 17 of 24 PageID #: 17
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` 
`
`36.
`
`For example, Defendants directly and/or indirectly instruct its customers to
`
`infringe through pre-installed applications in the exemplary Accused Devices as shown below.
`
`
`
`17
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`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 18 of 24 PageID #: 18
`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 18 of 24 PageID #: 18
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` 
`
`Gooye offers an Android device-trading apploafion available at Android Device Managfl. Sign in
`to me Google Account assodaled with me device you wish to iocahe. The following dialog box displays
`over the interacflve Googe map.
`
`SAMSUNG 1
`
`Last located at 5:40 PM
`Dallas. TX. USA - Accuraie to 23 meters
`Last used Januaryr 17. 2014
`
`
`
`
`
`Whenyour device is locaied iisapprouh'nahe locallon is indicated by , on me map. The device
`manager alsoclaplaysme name ofme place wheremeoevlce lalocaled, theiime ilwas locaiedand
`when it was last used. The following options are available:
`
`. A : Select a different device associated wilh your (Boogie Amount.
`
`’0 : Change Ihe device name.
`@ : Refresh Ihe map to display Ihe locaiion of your device.
`D 1']
`: Ring your device at ful volume forhve minuhea, even ifil is senosilemorvl'irahe.
`a] :Lockihe devioewllha newpassword.
`X: Perion'n a fadory daia reset, whim permanently deletes all ofyour daia. Googe wil
`altempunerase memnheninofmemen'nrycardilflisslppomedbymedefice.
`
`
`r
`
`
`
`Find M I..- Deuite
`
`-Ii.ul-e-5ul1:nlfllr1llrrr|HH-I1
`
`r'n'll- n] hum io-J mun:
`
`"j- mum
`
`
`
`
`
`18
`18
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`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 19 of 24 PageID #: 19
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` 
`
`37.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’829 Patent in an amount to be proved at trial.
`
`38.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’829 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`39.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’829 Patent. Defendants’
`
`infringement of the ’829 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`40.
`
`For example, Defendants’ Accused Devices are pre-installed with at least the
`
`Google Maps app which allows users to share their locations and view other users’ locations on a
`
`map and to communicate with those users via the Google Maps app (as shown below) which is
`
`integrated with Google Messages, Android Messenger, and Samsung Messages and which are
`
`also pre-installed on the Accused Devices.
`
`
`
`19
`
`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 20 of 24 PageID #: 20
`
` 
`
`41.
`
`Additionally, the exemplary Accused Devices allow users to establish groups and
`
`to exchange messages via interaction with Google’s servers and Samsung’s servers which
`
`provide the Samsung Cloud service, Google Cloud service, Google Maps service, Google
`
`Messages service, and Samsung Messages service, among other relevant services. The
`
`exemplary Accused Devices further allow users to retrieve map information from multiple
`
`sources including street-view maps.
`
`42.
`
`The exemplary Accused Devices are programmed to form and join groups by
`
`transmitting messages. (e.g.,
`
`https://support.google.com/plus/answer/3302509?hl=en&co=GENIE.Platform%3DAndroid&oco
`
`=1; https://support.google.com/mail/answer/30970?hl=en).
`
`43.
`
`The exemplary Accused Devices are further programmed to facilitate
`
`participation in the groups by communicating with one or more servers and sending to and
`
`receiving location information, as depicted below. (See, e.g.,
`
`https://developers.google.com/maps/documentation/android-api/location).
`
`
`
`20
`
`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 21 of 24 PageID #: 21
`
` 
`
`
`
`44.
`
`This location information is presented on interactive displays on the exemplary
`
`Accused Devices which includes interactive maps and a plurality of user selectable symbols
`
`corresponding to other devices. These symbols are positioned on the map at positions
`
`corresponding to the locations of the other devices, as depicted below. (e.g.,
`
`https://arstechnica.com/gadgets/2017/03/location-sharing-finally-returns-to-google-maps/)
`
`45.
`
`The exemplary Accused Devices are further programmed to permit users to
`
`request and display additional maps from additional servers by, for example, moving the map
`
`screen and/or by selecting satellite images or other types of maps. The exemplary Accused
`
`Devices are further programmed to permit interaction with the display where a user may select
`
`
`
`21
`
`

`

`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 22 of 24 PageID #: 22
`
` 
`
`one or more symbols and where the exemplary Accused Devices further permit data to be sent to
`
`other devices based on that interaction.
`
`46.
`
`AGIS Software has suffered damages as a result of Defendants’ direct and
`
`indirect infringement of the ’829 Patent in an amount to be proved at trial.
`
`47.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendants’ infringement of the ’829 Patent for which there is no adequate remedy at
`
`law, unless Defendants’ infringement is enjoined by this Court.
`
`48.
`
`Defendants have committed and continue to commit acts of infringement that
`
`Defendants actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’829 Patent. Defendants’
`
`infringement of the ’829 Patent has been and continues to be willful, entitling AGIS Software to
`
`an award of treble damages, reasonable attorney fees, and costs in bringing this action.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiff hereby demands a jury for all issues so triable.
`
`PRAYER FOR RELIEF
`
`WHEREFORE, AGIS Software prays for relief against Defendants as follows:
`
`a.
`
`Entry of judgment declaring that Defendants have directly and/or indirectly
`
`infringed one or more claims of each of the Patents-in-Suit;
`
`b.
`
`Entry of judgment declaring that Defendants’ infringement of the Patents-in-Suit
`
`has been willful and deliberate;
`
`c.
`
`An order pursuant to 35 U.S.C. § 283 permanently enjoining Defendants, their
`
`officers, agents, servants, employees, attorneys, and those persons in active concert or
`
`participation with them, from further acts of infringement of the Patents-in-Suit;
`
`22
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`Case 2:19-cv-00362 Document 1 Filed 11/04/19 Page 23 of 24 PageID #: 23
`
` 
`
`d.
`
`An order awarding damages sufficient to compensate AGIS Software for
`
`Defendants’ infringement of the Patents-in-Suit, but in no event less than a reasonable royalty,
`
`together with interest and costs;
`
`e.
`
`An order awarding AGIS Software treble damages under 35 U.S.C. § 284 as a
`
`result of Defendants’ willful and deliberate infringement of the Patents-in-Suit;
`
`f.
`
`Entry of judgment declaring that this case is except