Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 1 of 52 PageID #: 955
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`AGIS SOFTWARE DEVELOPMENT LLC,
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`
`Plaintiff,
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`
`
`v.
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`
`T-MOBILE USA, INC. and T-MOBILE US,
`INC.,
`
`Defendants.
`
`IN THE UNITED STATES DISTRICT1 COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`Case No. 2:21-cv-00072-JRG
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`(LEAD CASE)
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`JURY TRIAL DEMANDED
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`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
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`
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`WHATSAPP, INC.,
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`v.
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`
`
`Defendant.
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`
`Case No. 2:21-cv-00029-JRG
`(MEMBER CASE)
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`JURY TRIAL DEMANDED
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`PLAINTIFF’S FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, AGIS Software Development LLC (“AGIS Software” or “Plaintiff”) files this
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`First Amended Complaint against Defendant WhatsApp, Inc. (“WhatsApp” or “Defendant”) for
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`patent infringement under 35 U.S.C. § 271 and alleges as follows:
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`THE PARTIES
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`1.
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`Plaintiff AGIS Software is a limited liability company organized and existing under
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`the laws of the State of Texas and maintains its principal place of business at 100 W. Houston
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`Street, Marshall, Texas 75670. AGIS Software is the owner of all right, title, and interest in and
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`to U.S. Patent Nos. 7,031,728, 7,630,724, 9,408,055, 9,445,251, 9,467,838, and 9,749,829 (the
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`“Patents-in-Suit”).
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`

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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 2 of 52 PageID #: 956
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`2.
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`Defendant WhatsApp is a Delaware corporation and maintains its principal place
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`of business at 1 Hacker Way, Menlo Park, California 94025 and 1601 Willow Avenue, Menlo
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`Park, California 94025. WhatsApp may be served with process via its registered agent, CT
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`Corporation System at 211 East 7th Street, Suite 620, Austin, Texas 78701. Upon information
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`and belief, WhatsApp does business in Texas and offers its products and/or services, including
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`those accused herein of infringement, to customers and potential customers located in Texas,
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`including in the judicial Eastern District of Texas. WhatsApp has data centers located in the
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`District, including but not limited to (1) a data center with an address at 4500 Like Way, Fort
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`Worth, Texas 76177 and pays taxes in the District to Denton County for its Like Way data
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`center; and (2) BPP at Internap Data Center located at 1221 Coit Road, Plano, Texas 75075.
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`WhatsApp also has physical addresses located at 607 West 3rd Street, Austin, Texas 78701, 300
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`West Sixth Street, Austin, Texas 78701, and 5000 Like Way, Fort Worth, Texas 76177.
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331, 1338(a), and 1367.
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`4.
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`This Court has personal jurisdiction over WhatsApp in this action because
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`WhatsApp has committed acts within the Eastern District of Texas 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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`WhatsApp would not offend traditional notions of fair play and substantial justice. WhatsApp
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`conducts business and has committed acts of patent infringement and/or has induced acts of
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`patent infringement by others in this Judicial District and/or has contributed to patent
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`infringement by others in this Judicial District, the State of Texas, and elsewhere in the United
`
`2
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`

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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 3 of 52 PageID #: 957
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`States by, among other things, offering to sell and selling products and/or services that infringe
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`the Patents-in-Suit.
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`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1391 and
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`1400(b). WhatsApp is registered to do business in Texas through its parent Facebook LLC and,
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`upon information and belief, WhatsApp has transacted business in the Eastern District of Texas
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`and has committed acts of direct and indirect infringement in the Eastern District of Texas.
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`WhatsApp has regular and established places of business and is deemed to reside in this Judicial
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`District. Venue is proper at least because WhatsApp maintains a regular and established place of
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`business in this Judicial District, including its Like Way data center located in the District with
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`an address at 4500 Like Way, Fort Worth, Texas 76177 and the BPP at Internap Data Center
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`located at 1221 Coit Road, Plano, Texas 75075. The Like Way data center is a physical location
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`of WhatsApp in this District, from which WhatsApp agents and/or employees conduct its
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`business. The Like Way data center serves and sends data and information to this District. The
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`BPP at Internap Data Center is also a physical location of WhatsApp in this District, from which
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`WhatsApp agents and/or employees conduct its business.
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`6.
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`WhatsApp is a multinational technology company that collects, stores, organizes,
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`and distributes data and enables communications for its customers in the District. WhatsApp
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`provides ways for its customers in the District to communicate with other WhatsApp users
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`including through messages, voice, and video calls, sending images and video, showing their
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`status, and sharing their location with others in the District.
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`https://www.whatsapp.com/legal/updates/terms-of-service/?lang=en. WhatsApp provides a
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`convenient platform that enables customers in the District to send and receive money to or from
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`other users across the WhatsApp platform. Id. WhatsApp works with partners, service
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`3
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`

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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 4 of 52 PageID #: 958
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`providers, and affiliated companies to help provide ways for customers in the District to connect
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`with its services. Id. To operate its global Services, WhatsApp uses its global infrastructure to
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`store and distribute content and information in data centers and systems, including the Like Way
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`data center. Id. Use of the Like Way data center is necessary and essential to provide
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`WhatsApp’s services to those in this District. Id. According to Denton County tax records
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`(https://www.dentoncounty.gov/841/Search-Property-Tax-Records), WhatsApp pays taxes in the
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`District to Denton County for its Like Way data center. Further, property records for Tarrant
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`County reveal that the Like Way data center is located in both Tarrant County and Denton
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`County.1
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`7.
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`The Internap Data Center is located at 1221 Coit Road, Plano, Texas 75075. On
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`information and belief, the Internap Data Center stores, receives, and sends data and information
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`to this District and has employees physically located and working in the District.
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`
`
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`1 https://gisit.tarrantcounty.com/publicmapviewer/#
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`4
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 5 of 52 PageID #: 959
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`8.
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`WhatsApp further has a physical addresses in Texas at 607 West 3rd Street,
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`Austin, Texas 78701 and 300 West Sixth Street, Austin, Texas 78701. On information and
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`belief, WhatsApp has a hub for employees physically located and working in the District, such as
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`in Plano, Texas and in Allen, Texas.
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`PATENTS-IN-SUIT
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`9.
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`On August 2, 2016, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 9,408,055 (the “’055 Patent”) entitled “Method to Provide Ad Hoc
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`and Password Protected Digital and Voice Networks.” A true and correct copy of the ’055
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`Patent is attached hereto as Exhibit A.
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`10.
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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.” A true and correct copy of the ’251
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`Patent is attached hereto as Exhibit B.
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`11.
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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.” A true and correct copy of the ’838
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`Patent is attached hereto as Exhibit C.
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`12.
`
`On August 29, 2017, the United States Patent and Trademark Office duly and
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`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 D.
`
`13.
`
`On December 8, 2009, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 7,630,724 (the “’724 Patent”) entitled “Method of Providing a
`
`5
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`

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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 6 of 52 PageID #: 960
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`Cellular Phone/PDA Communication System.” A true and correct copy of the ’724 Patent is
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`attached hereto as Exhibit E.
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`14.
`
`On April 18, 2006, the United States Patent and Trademark Office duly and
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`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
`
`F.
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`FACTUAL ALLEGATIONS
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`15. 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 patent
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`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
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`responder and civilian lives could have been saved through the implementation of a better
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`communication system. He envisioned and developed a new communication system that would
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`use integrated software and hardware components on mobile devices to give users situational
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`awareness superior to systems provided by conventional military and first responder radio
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`systems.
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`16.
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`AGIS, Inc. developed prototypes that matured into its LifeRing system. LifeRing
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`provides first responders, law enforcement, and military personnel with what is essentially a
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`tactical operations center built into hand-held mobile devices. Using GPS-based location
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`technology and existing or special-purpose cellular communication networks, LifeRing users can
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`exchange location, heading, speed, and other information with other members of a group, view
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`each other’s locations on maps and satellite images, and rapidly communicate and coordinate
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`their efforts.
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`6
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`

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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 7 of 52 PageID #: 961
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`17.
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`AGIS Software licenses its patent portfolio, including the ’728, ’724, ’055, ’251,
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`’838, and ’829 Patents, to AGIS, Inc. AGIS, Inc. has marked its products accordingly. AGIS
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`Software and all previous assignees of the Patents-in-Suit have compiled with the requirements
`
`of 35 U.S.C. § 287(a).
`
`18. WhatsApp has manufactured, used, distributed, sold, offered for sale, and/or
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`exported from and imported into the United States products and software that infringe the
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`Patents-in-Suit, e.g., the WhatsApp and WhatsApp Messenger Applications and the related
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`services and/or servers for the applications (collectively, “the Accused Products”). The Accused
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`Products infringe each of the Patents-in-Suit.2
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`19.
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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
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`text, 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 to communicate with other
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`users. The Accused Products include the functionalities to display map information, including
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`symbols corresponding with users, entities, and locations. The Accused Products include
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`functionalities to enable communications, such as voice calls between users. The Accused
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`Products practice the claims of the Patents-in-Suit to improve users’ communications
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`experiences and to improve WhatsApp’s position in the market.
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`20.
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`For example, the WhatsApp Application enables devices to form and/or join
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`location sharing groups. As shown below, the WhatsApp Application displays a selectable map
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`2 See https://www.whatsapp.com/
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`7
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`display and generates symbols corresponding with the locations of other users.3 Users may call,
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`message, and communicate with other users using the Accused Products. Users may be added or
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`invited to a group based on a link sent via email and/or SMS.
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`4
`
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`3 See https://faq.whatsapp.com/android/chats/how-to-use-live-location/?lang=en;
`https://blog.whatsapp.com/share-your-live-location
`4 https://www.techradar.com/how-to/how-to-share-live-location-in-whatsapp;
`https://www.techradar.com/how-to/how-to-share-location-on-whatsapp
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`8
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 9 of 52 PageID #: 963
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`COUNT I
`(Infringement of the ’055 Patent)
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`5
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`21.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`22.
`
`AGIS Software has not licensed or otherwise authorized Defendant to make, use,
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`offer for sale, sell, or import any Accused Products and/or products that embody the inventions
`
`of the ’055 Patent.
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`23.
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`Defendant infringes, contributes to the infringement of, and/or induces
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`infringement of the ’055 Patent by making, using, selling, offering for sale, distributing,
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`exporting from, and/or importing into the United States products and/or methods covered by one
`
`or more claims of the ’055 Patent including, but not limited to, the Accused Products.
`
`
`5https://blog.whatsapp.com/share-your-live-location;
`https://www.theverge.com/2017/10/17/16491440/whatsapp-live-location-sharing-encrypted
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`9
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`24.
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`Defendant has and continues to directly infringe at least claim 8 of the ’055
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`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
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`sale, distributing, exporting from, and/or importing into the United States the Accused Products
`
`without authority and in violation of 35 U.S.C. § 271(a).
`
`25.
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`Defendant has and continues to indirectly infringe at least claim 8 of the ’055
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
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`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
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`by instructing users of the Accused Products to perform methods claimed in the ’055 Patent. For
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`example, Defendant, with knowledge that the Accused Products infringe the ’055 Patent at least
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`as of the date of this Complaint, actively, knowingly, and intentionally induced, and continues to
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`knowingly and intentionally induce direct infringement of the ’055 Patent in violation of 35
`
`U.S.C. § 271(b).
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`26.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 8 of the ’055 Patent in the United States because Defendant’s customers
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`use the Accused Products, including at least the WhatsApp Application, alone and in conjunction
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`with additional Accused Products and/or services, in accordance with Defendant’s instructions
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`and thereby directly infringe at least claim 8 of the ’055 Patent in violation of 35 U.S.C. § 271.
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`Defendant directly and/or indirectly intentionally instructs its customers to infringe through
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`training videos, demonstrations, installations and/or user guides, such as those located at the
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`following: https://www.whatsapp.com/features/; https://web.whatsapp.com/;
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`https://faq.whatsapp.com/android/chats/how-to-use-live-location/?lang=en. Defendant is thereby
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`liable for infringement of the ’055 Patent under 35 U.S.C. § 271(b).
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`10
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`27.
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`Defendant has directly and indirectly infringed at least claim 8 of the ’055 Patent
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`by practicing a method comprising performing by a first device: obtaining contact information of
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`a plurality of second devices, wherein the contact information comprises respective telephone
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`numbers of the second devices; facilitating initiation of Internet Protocol (IP) based
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`communication between the first device and the respective second devices by using respective
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`telephone numbers to send, from the first device to the second devices, respective Short Message
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`Service (SMS) messages including a telephone number of the first device and information usable
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`by the respective second device to send IP-based communication to the first device; receiving
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`respective IP-based responses to the SMS messages, wherein the IP-based responses to the SMS
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`messages include location information of the respective second devices; transmitting IP-based
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`messages including a location of the first device to the respective second devices; presenting, via
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`an interactive display of the first device, an interactive map and a plurality of user selectable
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`symbols corresponding to the plurality of second devices, wherein the symbols are positioned on
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`the map at respective positions corresponding to the respective locations of the second devices;
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`identifying user interaction with the interactive display selecting one or more of the user-
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`selectable symbols corresponding to one or more of the second devices and user interaction with
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`the display specifying an action and, based thereon, sending data to the one or more second
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`devices; receiving user input via user interaction with the interactive display of the first device,
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`the user input specifying a location and a symbol corresponding to an entity other than the first
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`device and the second devices; based on the user input, adding the user-specified symbol to the
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`interactive display at a position on the interactive map corresponding to the user-specified
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`location, and transmitting the user-specified symbol and location to the second devices for
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`addition of the user-specified symbol to respective interactive displays of the second devices at
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`11
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`respective positions on respective interactive maps corresponding to the user-specified location;
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`wherein the first device is a cellular phone or a personal digital assistant (PDA).
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`28.
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`For example, the WhatsApp Application allows users to share their locations and
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`view other users’ locations on a map and to communicate with those users via the application (as
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`shown below) which controls the SMS messaging functionality of a device on which it is
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`installed.
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`29.
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`For example, The WhatsApp Application allows users to establish groups and to
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`exchange messages and calls via SMS, and/or via interaction with WhatsApp’s servers.
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`30.
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`For example, the WhatsApp Application enables users to retrieve map
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`information from multiple sources, including symbols corresponding with other group members.
`
`6
`
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`6 https://blog.whatsapp.com/share-your-live-location;
`https://www.theverge.com/2017/10/17/16491440/whatsapp-live-location-sharing-encrypted
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`12
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`31.
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`For example, the WhatsApp Application, and devices on which the applications
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`are installed, are programmed to obtain contact information from other users’ devices, including
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`phone numbers.
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`32.
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`For example, the WhatsApp Application is programmed to facilitate the initiation
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`of Internet Protocol (IP) based communication between devices with SMS messages and other
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`text messages, such as by inviting another family member to a group via SMS.
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`33.
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`For example, the WhatsApp Application is programmed to receive and provide
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`location information presented on a map displayed on a mobile device (or another user’s mobile
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`device), the map including a plurality of user-selectable symbols corresponding to other devices,
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`positioned according to the location of those other devices.
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`7
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`34.
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`For example, the WhatsApp Application is further programmed to permit
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`interaction with the display where a user may select one or more symbols and where the
`
`
`7 https://www.pcmag.com/news/whatsapp-introduces-live-location-tracking-feature
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`13
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`exemplary Accused Products further permit data to be sent to other devices based on that
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`interaction. The exemplary Accused Products are further programmed to permit users to specify
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`additional locations and to communicate those user-specified locations to other users via symbols
`
`on an interactive display, as depicted below.
`
`8
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`35.
`
`Defendant has had knowledge and notice of the ’055 Patent at least as of the filing
`
`date of the Complaint.
`
`36.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’055 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`
`8 https://www.businessinsider.com/how-to-share-location-on-whatsapp
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`14
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`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 ’055 Patent.
`
`Defendant induced this direct infringement through its affirmative acts of manufacturing, selling,
`
`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 ’055 Patent. Defendant performs these affirmative acts with
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`knowledge of the ’055 Patent and with the intent, or willful blindness, that the induced acts
`
`directly infringe the ’055 Patent.
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`37.
`
`Defendant has indirectly infringed and continues to indirectly infringe one or
`
`more claims of the ’055 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 contribute to others’ use and manufacture of the
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`Accused Products such that the ’055 Patent is directly infringed by others. The accused
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`components within the Accused Products are material to the invention of the ’055 Patent, are not
`
`staple articles or commodities of commerce, have no substantial non-infringing uses, and are
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`known by Defendant to be especially made or adapted for use in the infringement of the ’055
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`15
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 16 of 52 PageID #: 970
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`Patent. Defendant performs these affirmative acts with knowledge of the ’055 Patent and with
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`intent, or willful blindness, that it causes the direct infringement of the ’055 Patent.
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`38.
`
`AGIS Software has suffered damages as a result of Defendant’s direct and
`
`indirect infringement of the ’055 Patent in an amount to be proved at trial.
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`39.
`
`AGIS Software has suffered, and will continue to suffer, irreparable harm as a
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`result of Defendant’s infringement of the ’055 Patent for which there is no adequate remedy at
`
`law, unless Defendant’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’251 Patent)
`
`40.
`
`Paragraphs 1 through 20 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`41.
`
`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 ’251 Patent.
`
`42.
`
`Defendant infringes, contribute to the infringement of, and/or induces
`
`infringement of the ’251 Patent by making, using, selling, offering for sale, distributing,
`
`exporting from, and/or importing into the United States products and/or methods covered by one
`
`or more claims of the ’251 Patent including, but not limited to, the Accused Products.
`
`43.
`
`Defendant has and continues to directly infringe at least claim 24 of the ’251
`
`Patent, either literally or under the doctrine of equivalents, by making, using, selling, offering for
`
`sale, distributing, exporting from, and/or importing into the United States the Accused Products
`
`without authority and in violation of 35 U.S.C. § 271(a).
`
`44.
`
`Defendant has and continues to indirectly infringe at least claim 24 of the ’251
`
`Patent by actively, knowingly, and intentionally inducing others to directly infringe, either
`
`literally or under the doctrine of equivalents, by making, using, selling, offering for sale,
`
`16
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 17 of 52 PageID #: 971
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`distributing, exporting from, and/or importing into the United States the Accused Products and
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`by instructing users of the Accused Products to perform methods claimed in the ’251 Patent. For
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`example, Defendant, with knowledge that the Accused Products infringe the ’251 Patent at least
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`as of the date of this Complaint, actively, knowingly, and intentionally induced, and continues to
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`actively, knowingly, and intentionally induce direct infringement of the ’251 Patent.
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`45.
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`For example, Defendant has indirectly infringed and continues to indirectly
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`infringe at least claim 24 of the ’251 Patent in the United States because Defendant’s customers
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`use the Accused Products, including at least the WhatsApp Applications and/or services, alone or
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`in conjunction with additional Accused Products, in accordance with Defendant’s instructions
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`and thereby directly infringe at least one claim of the ’251 Patent in violation of 35 U.S.C. § 271.
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`Defendant directly and/or indirectly intentionally instructs its customers to infringe through
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`training videos, demonstrations, installations and/or user guides, such as those located at one or
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`more of the following: https://www.whatsapp.com/features/; https://web.whatsapp.com/;
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`https://faq.whatsapp.com/android/chats/how-to-use-live-location/?lang=en. Defendant is thereby
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`liable for infringement of the ’251 Patent under 35 U.S.C. § 271(b).
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`46.
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`The WhatsApp Application directly and indirectly infringes at least claim 24 of
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`the ’251 Patent by comprising a system of a first device programmed to perform operations
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`comprising: receiving a message from a second device, wherein the message relates to joining a
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`group; based on receiving the message from the second device, participating in the group,
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`wherein participating in the group includes sending first location information to a server and
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`receiving second location information from the server, the first location information comprising
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`a location of the first device, the second location information comprising a plurality of locations
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`of a respective plurality of second devices included in the group; presenting, via an interactive
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 18 of 52 PageID #: 972
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`display of the first device, a first interactive, georeferenced map and a plurality of user-selectable
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`symbols corresponding to the plurality of second devices, wherein the symbols are positioned on
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`the first georeferenced map at respective positions corresponding to the locations of the second
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`devices, and wherein the first georeferenced map includes data relating positions on the first
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`georeferenced map to spatial coordinates; sending, from the first device to the server, a request
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`for a second georeferenced map different from the first georeferenced map, wherein the request
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`specifies a map location; receiving, from the server, the second georeferenced map, wherein the
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`second georeferenced map includes the requested location and data relating positions on the
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`second georeferenced map to spatial coordinates; presenting, via the interactive display of the
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`first device, the second georeferenced map and the plurality of user-selectable symbols
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`corresponding to the plurality of second devices, wherein the symbols are positioned on the
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`second georeferenced map at respective positions corresponding to the locations of the second
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`devices; and identifying user interaction with the interactive display selecting one or more of the
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`user-selectable symbols corresponding to one or more of the second devices and positioned on
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`the second georeferenced map and user interaction with the display specifying an action and,
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`based thereon, using an Internet Protocol to send data to the one or more second devices via the
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`server, wherein the first device does not have access to respective Internet Protocol addresses of
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`the second devices.
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`47.
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`For example, the WhatsApp Application allows users to share their locations and
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`view other users’ locations on a map and to communicate with those users via the application (as
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`shown below) which controls the SMS messaging functionality of a device on which it is
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`installed.
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 19 of 52 PageID #: 973
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`48.
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`For example, the WhatsApp Application allows users to establish groups, and to
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`exchange messages and calls via SMS, and/or via interaction with WhatsApp’s servers.
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`9
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`49.
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`For example, the WhatsApp Application enables users to retrieve map
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`information from multiple sources, including symbols corresponding with other group members.
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`50.
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`For example, the WhatsApp Application, and devices on which the applications
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`are installed, are programmed to obtain contact information from other user devices, including
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`phone numbers.
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`51.
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`For example, the WhatsApp Application is programmed to facilitate the initiation
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`of Internet Protocol (IP) based communication between devices with SMS messages and other
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`text messages, such as by inviting another group member to a group via SMS. For example, on
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`9 https://blog.whatsapp.com/share-your-live-location;
`https://www.theverge.com/2017/10/17/16491440/whatsapp-live-location-sharing-encrypted
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 20 of 52 PageID #: 974
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`information and belief, group member devices do not have access to other group member
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`devices’ IP addresses.
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`52.
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`For example, the WhatsApp Application is programmed to receive and provide
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`location information presented on a map displayed on a mobile device (or another user’s mobile
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`device), the map including a plurality of user-selectable symbols corresponding to other devices,
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`positioned according to the location of those other devices.
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`10
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`53.
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`For example, the WhatsApp Application is further programmed to permit
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`interaction with the display where a user may select one or more symbols and where the
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`exemplary Accused Products further permit data to be sent to other devices based on that
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`interaction. The exemplary Accused Products are further programmed to permit users to specify
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`additional locations and to communicate those user-specified locations to other users via symbols
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`on an interactive display, as depicted below.
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`10 https://www.pcmag.com/news/whatsapp-introduces-live-location-tracking-feature
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`Case 2:21-cv-00072-JRG-RSP Document 47 Filed 05/11/21 Page 21 of 52 PageID #: 975
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`54.
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`Defendant has had knowledge and notice of the ’251 Patent at least as of the filing
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`date of the Complaint.
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`55.
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`Defendant has indirectly infringed and continues to indirectly infringe one or
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`more claims of the ’251 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
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`others, such as Defendant’