IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`§
`
`§
`Case No.
`§
`
`JURY TRIAL DEMANDED
`§
`§
`
`§
`
`§
`§
`§
`§
`§
`
`
`
`
`
`LYFT, INC.,
`
`
`v.
`
`
`
`Defendant.
`
`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 1 of 40 PageID #: 1
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
`
`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
`
`original Complaint against Defendant Lyft, Inc. (“Lyft” or “Defendant”) 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. 7,031,728, 7,630,724, 8,213,970, 10,299,100, 10,341,838 and (the “Patents-in-
`
`Suit”).
`
`2.
`
`Defendant Lyft is a Delaware corporation and maintains its principal place of
`
`business at 185 Berry Street, #5000, San Francisco, California, 94107, and may be served with
`
`process via its registered agent, CT Corporation System at 1999 Bryan Street, Suite 900, Dallas,
`
`Texas, 75201. Upon information and belief, Lyft does business in Texas, directly or through
`
`intermediaries, and offers its products and/or services, including those accused herein of
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 2 of 40 PageID #: 2
`
`infringement, to customers and potential customers located in Texas, including in the judicial
`
`Eastern District of Texas.
`
`JURISDICTION AND VENUE
`
`3.
`
`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.
`
`4.
`
`This Court has personal jurisdiction over Lyft in this action because Lyft has
`
`committed acts within the Eastern District of Texas giving rise to this action and has established
`
`minimum contacts with this forum such that the exercise of jurisdiction over Lyft would not
`
`offend traditional notions of fair play and substantial justice. Lyft conducts business and has
`
`committed acts of patent infringement and/or has induced acts of patent infringement by others
`
`in this Judicial District and/or has contributed to patent infringement by others in this Judicial
`
`District, the State of Texas, and elsewhere in the United States by, among other things, offering
`
`to sell and selling products and/or services that infringe the Patents-in-Suit.
`
`5.
`
`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
`
`1400(b). Lyft is registered to do business in Texas and, upon information and belief, Lyft has
`
`transacted business in the Eastern District of Texas and has committed acts of direct and indirect
`
`infringement in the Eastern District of Texas. Lyft has regular and established places of business
`
`in this Judicial District as set forth below and is deemed to reside in this Judicial District.
`
`Lyft Express Drive Locations in this District
`
`6.
`
`Venue is proper at least because Lyft maintains a regular and established place of
`
`business with its Lyft Express Drive location at 928 West Spring Creek Parkway, Plano, Texas
`
`75023. The Express Drive location is a physical location of Lyft in this District, from which
`
`2
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 3 of 40 PageID #: 3
`
`Lyft’s agents and/or employees conduct its business. For example, Lyft Express Drive locations
`
`provide Lyft Drivers with rental vehicles to drive for Lyft.1
`
`7.
`
`Upon information and belief, Lyft leases its Express Drive space at 928 West
`
`Spring Creek Parkway from Pep Boys, and/or otherwise compensates Pep Boys for use of its
`
`physical space in this District. Upon information and belief, the Lyft Express Drive location is
`
`staffed by employees and/or agents of Lyft, and is regularly visited by Lyft drivers, who are also
`
`employees and/or agents of Lyft.
`
`8.
`
`Upon information and belief, Lyft further maintains dedicated pickup locations in
`
`this District which are visible through the Lyft application, and are physically marked with Lyft
`
`branding. For example, upon information and belief, the Lyft Express Drive at 928 West Spring
`
`Creek Parkway, Plano, Texas 75023 further operates as a Lyft pickup location. Lyft offers
`
`transportation services directly to customers in this District, including through its website as
`
`shown below.
`
`
`1 https://help2.lyft.com/hc/en-us/articles/115013080108-Express-Drive-overview
`
`3
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 4 of 40 PageID #: 4
`
`
`
`2
`
`
`2 https://www.lyft.com/rider/routes/lyft-express-drive-plano-to-dfw-airport
`
`4
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 5 of 40 PageID #: 5
`
`3
`
`Lyft Vehicles in this District
`
`9.
`
`Venue is proper because the vehicles of Lyft Drivers in this District are its regular
`
`and established places of business. The vehicles of Lyft drivers in this District are physical
`
`locations of Lyft that are regularly visited by agents or employees of Lyft and are responsible for
`
`conducting Lyft’s business.
`
`10.
`
`Lyft drivers are employees and/or agents who carry out Lyft’s business from its
`
`Lyft locations (e.g. their vehicles) in this District. Through the Accused Products in this case
`
`(e.g., Lyft and Lyft Driver), Lyft enters into transactions with its passengers, drivers, and other
`
`users. Upon information and belief, Lyft collects approximately a 20% of all payments for
`
`transportation and delivery services offered through its applications.4
`
`
`3 https://www.lyft.com/rider/routes/lyft-express-drive-plano-to-dfw-airport
`4 See https://www.moneyunder30.com/driving-for-uber-or-
`lyft#:~:text=Lyft%20takes%2020%25%20of%20each,can%20change%20at%20any%20moment
`
`5
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 6 of 40 PageID #: 6
`
`11.
`
`Upon information and belief, there are over one million Lyft drivers in the United
`
`States.5 Lyft makes its transportation and delivery services available throughout this District and
`
`maintains Lyft drivers with their vehicles in this District at all times.6 Lyft compensates its Lyft
`
`drivers for following its policies, both by enabling them to collect payments through the Lyft
`
`and/or Lyft Driver applications, and by providing certain guaranteed minimum payments.7
`
`12.
`
`For example, Lyft controls the terms on which its Lyft drivers do business
`
`through in this District, both by exercising technical control of the Lyft, Lyft Driver applications,
`
`and by imposing extensive terms and conditions on its drivers.8 Lyft reserves the right to
`
`unilaterally modify these terms at any time.9
`
`13.
`
`For example, Lyft contractually obligates its drivers to follow “Community
`
`Guidelines,” and may deactivate the account of any Lyft driver who does not comply. The
`
`Community Guidelines require that Lyft’s drivers maintain clean vehicles, be respectful towards
`
`Lyft’s customers, “say yes to service animals,” and “keep alcohol, cigarettes, and weapons out of
`
`the car,” among other standards imposed by Lyft.10 “Anyone who doesn’t take these guidelines
`
`— and Lyft’s Terms of Service — seriously may be permanently removed from the Lyft
`
`platform.”11 Lyft further requires that its drivers pass a background check in order to qualify.12
`
`
`5 See https://therideshareguy.com/how-many-uber-drivers-are-
`there/#:~:text=There%20are%20one%20million%20Lyft%20drivers%20in%20the%20US
`6 See e.g. https://www.lyft.com/rider/city-guides/top-nightlife-spot-texarkana
`7 https://help2.lyft.com/hc/en-us/articles/115012927247-Earnings-Guarantee-
`promotions#:~:text=Lyft%20might%20offer%20a%20%24500,least%20%24500%20for%2050
`%20rides
`8 See e.g. https://www.lyft.com/safety
`9 https://www.lyft.com/terms
`10 See https://www.lyft.com/safety/community-guidelines
`11 https://www.lyft.com/safety/community-guidelines
`12 See e.g. https://www.lyft.com/terms
`
`6
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 7 of 40 PageID #: 7
`
`14.
`
`Lyft also encourages drivers to mark their vehicles with Lyft decals, and
`
`“emblems.”13 Lyft provides welcome kits with the Lyft emblem to drivers “shortly after being
`
`approved to drive.” Lyft also encourages its drivers to use a “look out for bikes and scooters”
`
`sticker.14
`
`PATENTS-IN-SUIT
`
`15.
`
`On July 3, 2012, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 8,213,970 (the “’970 Patent”) entitled “Method of Utilizing Forced Alerts
`
`for Interactive Remote Communications.” A true and correct copy of the ’970 Patent is attached
`
`hereto as Exhibit A.
`
`16.
`
`On December 8, 2009, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,630,724 (the “’724 Patent”) entitled “Method of Providing a
`
`Cellular Phone/PDA Communication System.” A true and correct copy of the ’724 Patent is
`
`attached hereto as Exhibit B.
`
`17.
`
`On April 18, 2006, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 7,031,728 (the “’728 Patent”) entitled “Cellular Phone/PDA
`
`Communication System.” A true and correct copy of the ’728 Patent is attached hereto as
`
`Exhibit C.
`
`18.
`
`On May 21, 2019, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 10,299,100 (the “’100 Patent”), entitled “Method to Provide Ad Hoc and
`
`Password Protected Digital and Voice Networks. A true and correct copy of the ’100 Patent is
`
`attached hereto as Exhibit D.
`
`
`13 See e.g. https://help2.lyft.com/hc/en-us/articles/115013082088-New-driver-welcome-kit
`14 Id.
`
`7
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 8 of 40 PageID #: 8
`
`19.
`
`On July 2, 2019, the United States Patent and Trademark Office duly and legally
`
`issued U.S. Patent No. 10,341,838 (the “’838 Patent”), entitled “Method to Provide Ad Hoc and
`
`Password Protected Digital and Voice Networks. A true and correct copy of the ’838 Patent is
`
`attached hereto as Exhibit E.
`
`FACTUAL ALLEGATIONS
`
`20. 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.
`
`21.
`
`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
`
`provides first-responders, law enforcement, and military personnel with what is essentially a
`
`tactical operations center built into hand-held mobile devices. Using GPS-based location
`
`technology and existing or special-purpose cellular communication networks, LifeRing users can
`
`exchange location, heading, speed, and other information with other members of a group, view
`
`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
`
`their efforts.
`
`22.
`
`AGIS Software licenses its patent portfolio, including the ’970, ’724, ’728, ’838,
`
`and ’100 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS
`
`8
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 9 of 40 PageID #: 9
`
`Software and all previous assignees of the Patents-in-Suit have complied with the requirements
`
`of 35 U.S.C. § 287(a).
`
`23.
`
`Defendant has manufactured, used, marketed, distributed, sold, offered for sale,
`
`and exported from and imported into the United States products and software that infringe the
`
`Patents-in-Suit, e.g., the Lyft and Lyft Driver applications and the related services and/or servers
`
`for the applications (collectively, the “Accused Products”). The Accused Products infringe each
`
`of the Asserted Patents.
`
`24.
`
`The Accused Products include functionalities that allow users to form and/or join
`
`networks or groups, share and view locations with other users, display symbols corresponding to
`
`locations (including locations of other users) on a map, and communicate with other users via
`
`text, voice, and multimedia-based communication. Additionally, the Accused Products include
`
`functionalities to allow users to form and/or join networks or groups to request a ride. The
`
`Accused Products include the functionalities to display map information, including symbols
`
`corresponding with users (e.g. drivers and/or passengers), entities, and locations. The Accused
`
`Products further include functionalities to send a forced message alert to which a required
`
`response must be transmitted, such as when a driver receives a request for a ride. The Accused
`
`Products include functionalities to enable communications, such as voice calls between riders
`
`and drivers. The Accused Products practice the claims of the Asserted Patents to improve rider
`
`and driver experiences and to improve Lyft’s position in the market.
`
`9
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 10 of 40 PageID #: 10
`
`15
`
`
`
`
`15 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
`beta.jpg?w=1390&crop=1
`
`10
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 11 of 40 PageID #: 11
`
`
`
`16
`
`COUNT I
`(Infringement of the ’970 Patent)
`
`25.
`
`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`26.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’970 Patent.
`
`27.
`
`Defendant infringes, contributes to the infringement of, and/or induces
`
`infringement of the ’970 Patent by making, using, selling, offering for sale, distributing,
`
`
`16https://www.lyft.com/driver-application-requirements
`
`11
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 12 of 40 PageID #: 12
`
`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.
`
`28.
`
`Defendant has and continues to directly infringe at least claim 10 of the ’970
`
`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
`
`sale, distributing, exporting from, and/or importing into the United States the Accused Products
`
`without authority and in violation of 35 U.S.C. § 271(a).
`
`29.
`
`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 infringing Accused
`
`Products and by instructing users of the Accused Products to perform at least the method of
`
`claim 10 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 actively, knowingly, and intentionally induce direct
`
`infringement of at least claim 10 of the ’970 Patent in violation of 35 U.S.C. § 271(b).
`
`30.
`
`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 such Accused Products, including at least the Lyft and Lyft Driver applications alone or in
`
`conjunction with additional Accused Products (e.g. supporting hardware and software), 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. For example, Lyft 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:
`
`12
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 13 of 40 PageID #: 13
`
`https://www.lyft.com/driver-application-requirements; https://help2.lyft.com/hc/en-us; and Lyft
`
`agents and representatives located within this Judicial District. Defendant is thereby also liable
`
`for infringement of the ’970 Patent under 35 U.S.C. § 271(b).
`
`31.
`
`Defendant directly infringes and/or indirectly infringes by practicing a method of
`
`receiving, acknowledging, and responding to a forced message alert from a sender PDA/cell
`
`phone to a recipient PDA/cell phone, wherein the receipt, acknowledgment, and response to said
`
`forced message alert is forced by a forced message alert software application program. For
`
`example, the Lyft driver application is a forced message alert software application, which
`
`requires acknowledgement of forced message alerts (e.g. ride requests).
`
`32.
`
`Defendant directly infringes and/or indirectly infringes by receiving an
`
`electronically transmitted electronic message; identifying said electronic message as a forced
`
`message alert, wherein said forced message alert comprises of a voice or text message and a
`
`forced message alert application software packet, which triggers the activation of the forced
`
`message alert software application program within the recipient PDA/cell phone. For example,
`
`the Lyft Driver application receives an electronically transmitted request for a ride which triggers
`
`a forced message alert that locks the device for a period of time until the user sends a response
`
`message (decline or accept) to clear the locked display:
`
`13
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 14 of 40 PageID #: 14
`
`
`
`17
`
`33.
`
`Defendant directly and/or indirectly infringes by transmitting an automatic
`
`acknowledgment of receipt to the sender PDA/cell phone, which triggers the forced message
`
`alert software application program to take control of the recipient PDA/cell phone and show the
`
`content of the text message and a required response list on the display recipient PDA/cell phone
`
`or to repeat audibly the content of the voice message on the speakers of the recipient PDA/cell
`
`phone and show the required response list on the display recipient PDA/cell phone. For
`
`example, receipt of a ride request takes control of the Lyft driver’s cell phone, displays a
`
`message with at least a pickup location, and plays an alert until a required response is selected.
`
`
`17https://www.lyft.com/driver-application-requirements.
`
`14
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 15 of 40 PageID #: 15
`
`34.
`
`Defendant directly and/or indirectly infringes by transmitting a selected required
`
`response from the response list in order to allow the message required response list to be cleared
`
`from the recipient’s cell phone display, whether said selected response is a chosen option from
`
`the response list, causing the forced message alert software to release control of the recipient
`
`PDA/cell phone and stop showing the content of the text message and a response list on the
`
`display recipient PDA/cell phone and/or stop repeating the content of the voice message on the
`
`speakers of the recipient PDA/cell phone. For example, the Lyft driver application requires
`
`tapping to accept or dismiss a ride request to release control of the recipient cellphone.
`
`35.
`
`Defendant directly and/or indirectly infringes by displaying the response received
`
`from the PDA cell phone that transmitted the response on the sender of the forced alert PDA/cell
`
`phone. For example, the Lyft application displays a driver’s response when a request for a ride
`
`is accepted.
`
`36.
`
`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.
`
`37.
`
`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.
`
`38.
`
`Defendant has committed and continues to commit acts of infringement that
`
`Defendant actually knew or should have known constituted an unjustifiably high risk of
`
`infringement of at least one valid and enforceable claim of the ’970 Patent. Defendant’s
`
`infringement of the ’970 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.
`
`15
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 16 of 40 PageID #: 16
`
`COUNT II
`(Infringement of the ’724 Patent)
`
`39.
`
`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`40.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’724 Patent.
`
`41.
`
`Defendant has and continues to directly infringe at least claim 9 of the ’724
`
`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 Products without authority and in
`
`violation of 35 U.S.C. § 271(a).
`
`42.
`
`Defendant has and continues to indirectly infringe at least claim 9 of the ’724
`
`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 Products and by instructing users of the Accused
`
`Products to perform methods claimed in the ’724 Patent. For example, Defendant, with
`
`knowledge that the Accused Products infringe the ’724 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 ’724 Patent in violation of 35 U.S.C. § 271(b).
`
`43.
`
`For example, Defendant has indirectly infringed and continues to indirectly
`
`infringe at least claim 9 of the ’724 Patent in the United States because Defendant’s customers
`
`use the Accused Products, including at least the Lyft and Lyft Driver applications, alone or in
`
`conjunction with additional Accused Products (e.g. supporting hardware and software), in
`
`accordance with Defendant’s instructions and thereby directly infringe at least claim 9 of the
`
`16
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 17 of 40 PageID #: 17
`
`’724 Patent in violation of 35 U.S.C. § 271. For example, Lyft 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.lyft.com/driver-application-requirements; https://help2.lyft.com/hc/en-us; and Lyft
`
`agents and representatives located within this Judicial District. Defendant is thereby also liable
`
`for infringement of the ’724 Patent under 35 U.S.C. § 271(b).
`
`44.
`
`Defendant directly and/or indirectly infringes by practicing a method for
`
`providing a cellular phone communication network for designated participating users, each user
`
`having a similarly equipped cellular phone that includes a CPU, GPS navigational system, an
`
`interact message transmitter and receiver, and a touch screen display comprising: accessing a
`
`database in each cell phone that includes a geographical map of a predetermined area for user
`
`viewing on the touch screen display; accessing an application program in each cell phone for
`
`generating one or more symbols representative of one or more participating users, each of whom
`
`have a similarly equipped cellular phone; accessing a database in each cell phone that includes
`
`cellular telephone numbers of each of the participating users having similarly equipped cellular
`
`phones, said database including the generation of one or more symbols associated with a
`
`particular participating user; calling a participating user by touching the symbol on the map
`
`display and touching a call switch; connecting each of the cell phones to an internet connection;
`
`and exchanging IP addresses using SMS or other digital message format between and among
`
`each of the network participant users so that communications between participants is established
`
`via IP or transmission of a network participant’s IP address to a server which then transmits data
`
`to other network participants using the IP address previously.
`
`17
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 18 of 40 PageID #: 18
`
`45.
`
`For example, the Lyft Driver Application runs on smart phones which include
`
`navigation systems and provides a touch screen interface with a geographic map that allows
`
`users (e.g. riders) to call other users (e.g. drivers) by touching a symbol on the map display, as
`
`depicted below. For example, the Lyft and/or Lyft Driver Applications connect cell phones to an
`
`internet connection and exchange IP addresses during a call.
`
`
`
`18
`
`46.
`
`For example, the Lyft and Lyft Driver Applications run smart phones which
`
`include voice communication, free and operator selected text messages, photograph and video, a
`
`CPU, a GPS navigation system, and a touch screen display.
`
`47.
`
`For example, the Lyft and Lyft Driver Applications enable generating one or
`
`more symbols on a touch screen display, such as vehicle symbols corresponding with the
`
`location of a smart device running the Lyft Driver Application. Each symbol has a
`
`corresponding longitude and latitude.
`
`
`18 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
`beta.jpg?w=1390&crop=1
`
`18
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 19 of 40 PageID #: 19
`
`
`
`19
`
`48.
`
`For example, the Lyft and Lyft Driver Applications provides and stores the phone
`
`numbers of users and drivers in the memories of their respective phones (e.g. through
`
`communication with a server). The Lyft and Lyft Driver Applications enable a user and/or
`
`driver to place a call by selecting a symbol on the touch display.
`
`49.
`
`Defendant has had knowledge and notice of the ’724 Patent at least as of the filing
`
`of the Complaint.
`
`50.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’724 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Defendant’s customers and end-users, in this District and elsewhere in the United
`
`States. For example, Defendant’s customers and end-users directly infringe, either literally or
`
`under the doctrine of equivalents, through their use of the inventions claimed in the ’724 Patent.
`
`Defendant induces this direct infringement through its affirmative acts of manufacturing, selling,
`
`
`19 https://techcrunch.com/wp-content/uploads/2017/11/lyft-ryder-app-design-
`beta.jpg?w=1390&crop=1
`
`19
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 20 of 40 PageID #: 20
`
`distributing, and/or otherwise making available the Accused Products, and providing
`
`instructions, documentation, and other information to customers and end-users suggesting that
`
`they use the Accused Products in an infringing manner, including technical support, marketing,
`
`product manuals, advertisements, and online documentation. Because of Defendant’s
`
`inducement, Defendant’s customers and end-users use Accused Products in a way Defendant
`
`intends and directly infringe the ’724 Patent. Defendant performs these affirmative acts with
`
`knowledge of the ’724 Patent and with the intent, or willful blindness, that the induced acts
`
`directly infringe the ’724 Patent.
`
`51.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’724 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, in this District and elsewhere in the
`
`United States. Defendant’s affirmative acts of selling and offering to sell the Accused Products
`
`in this District and elsewhere in the United States and causing the Accused Products to be
`
`manufactured, used, sold, and offered for sale contributes to others’ use and manufacture of the
`
`Accused Products such that the ’724 Patent is directly infringed by others. The accused
`
`components within the Accused Products are material to the invention of the ’724 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
`
`known by Defendant to be especially made or adapted for use in the infringement of the ’724
`
`Patent. Defendant performs these affirmative acts with knowledge of the ’724 Patent and with
`
`intent, or willful blindness, that they cause the direct infringement of the ’724 Patent.
`
`52.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and
`
`indirect infringement of the ’724 Patent in an amount to be proved at trial.
`
`20
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 21 of 40 PageID #: 21
`
`53.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
`
`result of Defendant’s infringement of the ’724 Patent for which there is no adequate remedy at
`
`law, unless Defendant’s infringement is enjoined by this Court.
`
`COUNT III
`(Infringement of the ’728 Patent)
`
`54.
`
`Paragraphs 1 through 24 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`55.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
`
`offer for sale, sell, or import any products that embody the inventions of the ’728 Patent.
`
`56.
`
`Defendant infringes, contributes to the infringement of, and/or induces
`
`infringement of the ’728 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 ’728 Patent, including, but not limited to, the Accused Products.
`
`57.
`
`Defendant has and continues to directly infringe at least claim 7 of the ’728
`
`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).
`
`58.
`
`Defendant has and continues to indirectly infringe at least claim 7 of the ’728
`
`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 7 in the ’728 Patent. For example, Defendant, with knowledge that the Accused Products
`
`infringe the ’728 Patent at least as of the date of this Complaint, actively, knowingly, and
`
`21
`
`

`

`Case 2:21-cv-00024-JRG-RSP Document 1 Filed 01/29/21 Page 22 of 40 PageID #: 22
`
`intentionally induced, and continues to actively, knowingly, and intentionally induce direct
`
`infringement of at least claim 7 of the ’728 Patent in violation of 35 U.S.C. § 271(b).
`
`59.
`
`For example, Defendant has indirectly infringed and continues to indirectly
`
`infringe at least claim 7 of the ’728 Patent in the United States because Defendant’s customers
`
`use such Accused Products, including at least the Lyft and Lyft Driver Applications alone or in
`
`conjunction with additional Accused Products (e.g. supporting hardw