Case 6:22-cv-00031-ADA Document 182-3 Filed 11/28/23 Page 1 of 6
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`Exhibit 3
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`Case 6:22-cv-00031-ADA Document 182-3 Filed 11/28/23 Page 2 of 6
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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
`FIRST AMENDED 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 First Amended Infringement Contentions, identification of priority
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`dates, and identification of documents. As discovery and Flyp’s investigation of the facts in this
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`case are ongoing, Flyp reserves all rights to further amend or supplement these preliminary
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`contentions, its identification of priority dates, and its identification of documents evidencing
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`construction and reduction to practice.
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`First Amended Preliminary Infringement Contention Charts
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`I.
`First Amended Preliminary Infringement Contention Charts setting forth where in the
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`accused product each element of the asserted claims is found for U.S. Patent Nos. 9,667,770 (the
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`“’770 Patent”), 10,051,105 (the “’105 Patent”), 10,334,094 (the “’094 Patent”), 11,012,554 (the
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`“’554 Patent”), and 11,218,585 (the “’585 Patent”) (collectively, the “Asserted Patents”) are
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`attached as Exhibits A–E, respectively.
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`1
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`Case 6:22-cv-00031-ADA Document 182-3 Filed 11/28/23 Page 3 of 6
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`Discovery in this matter is ongoing. Notably, Flyp’s ability to provide its full contentions
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`has been frustrated by Google’s failure to timely provide a complete production of relevant source
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`code and technical documentation. Much of Google’s still-incomplete production was only made
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`days ago in February 2023. Flyp expressly reserves all rights to further amend or supplement its
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`infringement contentions to include additional and/or different material based on its ongoing
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`investigation of facts including source code and technical documentation and pursuant to the
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`Court’s February 8, 2023, Order regarding the timing of Final Infringement Contentions (ECF No.
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`96). Further, Flyp expressly reserves all rights to supplement and revise its identification of
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`asserted claims and accused products because of additional information obtained through
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`discovery or otherwise to the full extent consistent with the Court’s rules and orders.1
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`Given the Court’s claim construction order (ECF No. 78), 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 ongoing discovery (including review of source code) reveals
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`that Google’s products operate differently from the manner in which Flyp has contended.
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`Furthermore, any evidence provided in the attached for any preamble is for informational purposes
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`only and should not be interpreted as a concession that any 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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`1Flyp’s undersigned counsel certifies that it undertook reasonable efforts to prepare Flyp’s Preliminary
`Infringement Contentions, that amendments made in the First Amended Preliminary Infringement Contentions are
`based on material identified after the Preliminary Infringement Contentions were served, and that the amendments
`were made seasonably upon identifying any such material.
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`2
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`Case 6:22-cv-00031-ADA Document 182-3 Filed 11/28/23 Page 4 of 6
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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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`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 notice prescribed
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`by the Protective Order (ECF No. 44). Finally, a copy of the file history of each of the Asserted
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`Patents has been produced as FLYP0001402–2254 and FLYP0004345-FLYP0004638.
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`3
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`Case 6:22-cv-00031-ADA Document 182-3 Filed 11/28/23 Page 5 of 6
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`DATED: February 17, 2023
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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
`Chaoxuan Charles Liu
`Texas Bar No. 24100410
`ccliu@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 182-3 Filed 11/28/23 Page 6 of 6
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`CERTIFICATE OF SERVICE
`I certify that a true and correct copy of the foregoing document was served upon the
`Google LLC’s counsel of record, via email, on February 17, 2023.
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`/s/ Michael A. Bittner
`Michael A. Bittner
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`5
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