Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 1 of 7
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`Exhibit 2
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`Exhibit 2
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 2 of 7
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`FLYPSI, INC. (D/B/A FLYP),
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`Plaintiff,
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`Civil Action No. 6:22-cv-31-ADA
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`vs.
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`GOOGLE LLC,
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`Defendant.
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`JURY TRIAL DEMANDED
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`PLAINTIFF FLYPSI, INC.’S
`INFRINGEMENT CONTENTIONS
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`In accordance with the Court’s Order Governing Proceedings, Plaintiff Flypsi, Inc.
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`(“Flyp”) provides the following Infringement Contentions, identification of priority dates, and
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`identification of documents. As discovery and Flyp’s investigation of the facts in this case are
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`ongoing, and as claim construction is not yet complete, Flyp reserves the right to amend or
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`supplement these preliminary contentions, its identification of priority dates, and its identification
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`of documents evidencing construction and reduction to practice.
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`I.
`Preliminary Infringement Contention Charts setting forth where in the accused product
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`Preliminary Infringement Contention Charts
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`each element of the asserted claims is found for U.S. Patent Nos. 9,667,770 (the “’770 Patent”),
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`10,051,105 (the “’105 Patent”), 10,334,094 (the “’094 Patent”), 11,012,554 (the “’554 Patent”),
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`and 11,218,585 (the “’585 Patent”) (collectively, the “Asserted Patents”) are attached as Exhibits
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`A–E, respectively.
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 3 of 7
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`Discovery in this matter is ongoing, and Flyp makes these preliminary assertions without
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`discovery yet occurring in this action and expressly reserves the right to supplement and revise its
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`identification of asserted claims and accused products because of additional information obtained
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`through discovery or otherwise to the full extent consistent with the Court’s rules and orders. For
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`example, the examination of Google’s source code may result in the addition of asserted claims or
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`accused products.
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`Assuming the Court construes the claims as Flyp requests, Flyp believes that each element
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`is literally present. Flyp may, however, revise these contentions to identify an element as present
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`under the doctrine of equivalents if (1) the Court’s construction so requires or (2) discovery
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`(including review of source code) reveals that Google’s products operate differently from the
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`manner in which Flyp has contended. Furthermore, any evidence provided in the attached for any
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`preamble is for informational purposes only and should not be interpreted as a concession that any
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`preamble is a limitation on the claims.
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`II.
`Flyp presently understands that the asserted claims of the Asserted Patents are entitled to
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`Identification of Priority Dates
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`priority dates of at least as early as, and possibly earlier than, the dates listed below:
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`Asserted Patent
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`Priority Date
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`’770 Patent
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`’105 Patent
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`’094 Patent
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`’554 Patent
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`’585 Patent
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`7/17/2013
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`7/17/2013
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`7/17/2013
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`7/17/2013
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`7/17/2013
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 4 of 7
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`III.
`Flyp is separately producing documents (FLYP0000001–4291) evidencing conception and
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`Production of Documents
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`reduction to practice for each claimed invention. In addition to FLYP0000001–4291, source code
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`related to Flyp’s first prototype of the invention is available for inspection upon reasonable notice
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`and the parties’ negotiation of either (1) a joint protective order governing the production of source
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`code in this case or (2) a letter agreement governing the review of source code until such a joint
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`protective order can be issued. Finally, a copy of the file history of each of the Asserted Patents
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`has been produced as FLYP0001402–2254 and FLYP0004345-FLYP0004638.1
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` At this time, FLYP0004292 – FLYP0004344 have been left intentionally blank.
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 5 of 7
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`DATED: April 25, 2022
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`Respectfully submitted,
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`/s/ Michael A. Bittner
`Thomas M. Melsheimer
`Texas Bar No. 13922550
`tmelsheimer@winston.com
`M. Brett Johnson
`Texas Bar No. 00790975
`mbjohnson@winston.com
`Michael A. Bittner
`Texas Bar No. 24064905
`mbittner@winston.com
`WINSTON & STRAWN LLP
`2121 North Pearl Street, Suite 900
`Dallas, TX 75201
`Telephone: (214) 453-6500
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`Matthew R. McCullough
`California Bar No. 301330
`mrmccullough@winston.com
`WINSTON & STRAWN LLP
`275 Middlefield Road, Suite 205
`Menlo Park, CA 94025
`Telephone: (650) 858-6500
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`William M. Logan
`Texas Bar No. 24106214
`wlogan@winston.com
`WINSTON & STRAWN LLP
`800 Capitol Street, Suite 2400
`Houston, TX 77002
`Telephone: (713) 651-2766
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`ATTORNEYS FOR PLAINTIFF
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 6 of 7
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`CERTIFICATE OF SERVICE
`I certify that a true and correct copy of the foregoing document was served upon the
`following counsel, via email, on April 25, 2022.
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`Paige Arnette Amstutz
`State Bar No.: 00796136
`pamstutz@scottdoug.com
`SCOTT, DOUGLASS & MCCONNICO, LLP
`303 Colorado Street, Suite 2400
`Austin, TX 78701
`Telephone: (512) 495-6300
`Facsimile: (512) 495-6399
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`Robert W. Unikel
`robertunikel@paulhastings.com
`John A. Cotiguala
`johncotiguala@paulhastings.com
`Daniel J. Blake
`danielblake@paulhastings.com
`Grayson S. Cornwell
`graysoncornwell@paulhastings.com
`PAUL HASTINGS LLP
`71 South Wacker Drive, Suite 4500
`Chicago, IL 60606
`Telephone: (312) 499-6000
`Facsimile: (312) 499-6100
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`Robert R. Laurenzi
`robertlaurenzi@paulhastings.com
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, NY 10166
`Telephone: (212) 318-6000
`Facsimile: (212) 319-4090
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`Elizabeth Brann
`elizabethbrann@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, CA 92121
`Telephone: (858) 458-3000
`Facsimile: (858) 458-3005
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`Joshua Yin
`joshuayin@paulhastings.com
`David M. Fox
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`Case 6:22-cv-00031-ADA Document 182-2 Filed 11/28/23 Page 7 of 7
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`davidfox@paulhastings.com
`Alex Rhim
`alexrhim@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Avenue
`Palo Alto, CA 94304
`Telephone: (650) 320-1800
`Facsimile: (650) 320-1900
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`Attorneys for Defendant Google LLC
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`/s/ Michael A. Bittner
`Michael A. Bittner
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