DCT
2:24-cv-00598
AGIS Software Development LLC v. Raytheon Tech Corp
Key Events
Amended Complaint
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: AGIS Software Development LLC (Texas)
- Defendant: Raytheon Technologies Corp. and RTX Corporation (Delaware)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: 2:24-cv-00598, E.D. Tex., 10/24/2024
- Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendants maintain regular and established places of business within the district and conduct infringing activities there.
- Core Dispute: Plaintiff alleges that Defendant’s tactical and situational awareness software and systems infringe four patents related to methods for providing ad hoc, password-protected digital and voice networks.
- Technical Context: The technology enables groups of users, such as military personnel and first responders, to rapidly form temporary, secure communication networks on mobile devices for sharing real-time location and situational data.
- Key Procedural History: The complaint notes that all four Patents-in-Suit have undergone Ex Parte Reexamination at the U.S. Patent and Trademark Office, with the PTO issuing certificates confirming the patentability of all asserted claims. This procedural history may strengthen the patents’ presumption of validity during litigation.
Case Timeline
| Date | Event |
|---|---|
| 2004-09-21 | Earliest Patent Priority Date for all Patents-in-Suit |
| 2016-09-13 | U.S. Patent No. 9,445,251 Issues |
| 2016-10-11 | U.S. Patent No. 9,467,838 Issues |
| 2017-08-29 | U.S. Patent No. 9,749,829 Issues |
| 2017-11-14 | U.S. Patent No. 9,820,123 Issues |
| 2021-05-27 | Ex Parte Reexamination Certificate Issues for ’838 Patent |
| 2021-06-08 | Ex Parte Reexamination Certificate Issues for ’251 Patent |
| 2021-08-16 | Ex Parte Reexamination Certificate Issues for ’829 Patent |
| 2021-09-24 | Ex Parte Reexamination Certificate Issues for ’123 Patent |
| 2024-10-24 | Complaint Filed |
II. Technology and Patent(s)-in-Suit Analysis
U.S. Patent No. 9,445,251 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks
The Invention Explained
- Problem Addressed: The patent describes a need for military, first responder, and other emergency groups to establish ad hoc digital and voice communication networks "easily and rapidly" without the "need for pre-entry of data into a web and or identifying others by name, phone numbers or email" (’251 Patent, col. 2:7-15). This addresses the challenge of coordinating different organizations, such as police and fire departments, during a disaster where pre-existing communication interoperability may not exist (Compl. ¶13; ’251 Patent, col. 2:20-44).
- The Patented Solution: The invention provides a method where users can join a temporary network using only a server IP address, a network name, and a password (’251 Patent, Abstract). Once connected, a user's device sends its location and status to a server, which then distributes that information to all other participants in the group, creating a common operational picture on a georeferenced map displayed on each user's device (’251 Patent, col. 2:51-68).
- Technical Importance: This approach allows for rapid, secure, and interoperable communication and situational awareness among disparate groups in dynamic environments without requiring advance configuration or shared directories (Compl. ¶13).
Key Claims at a Glance
- The complaint asserts at least claim 24, which depends from independent claim 1 (Compl. ¶23).
- Essential elements of independent claim 1 include:
- Receiving a message from a second device relating to joining a group.
- Participating in the group by sending location information of a first device to a server and receiving location information of other devices from the server.
- Presenting an interactive georeferenced map with user-selectable symbols corresponding to the locations of the other devices.
- Identifying user interaction with the interactive display selecting a particular symbol.
- Using an Internet Protocol to send data to the particular second device corresponding to the selected symbol.
- The complaint reserves the right to assert additional claims (Compl. ¶22).
U.S. Patent No. 9,467,838 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks
The Invention Explained
- Problem Addressed: As with its related patents, the ’838 Patent addresses the need for a simplified method to establish secure, temporary communication networks for coordinating the activities of emergency personnel (’838 Patent, col. 2:5-19).
- The Patented Solution: The patent describes a system comprising a first device programmed to join a group, exchange location data with a server, and present that data on an interactive map. A specific technical aspect of the solution involves the method for selecting another user on the map: the system detects a user's selection of a portion of the display and identifies the nearest user-selectable symbol to the coordinates of that selection, allowing for subsequent communication with the device represented by that symbol (’838 Patent, cl. 40).
- Technical Importance: This claimed method of interaction provides an intuitive way for users in the field to quickly identify and communicate with team members based on their position on a map, without needing to select a symbol with perfect precision or know the user's name (’838 Patent, FIG. 1).
Key Claims at a Glance
- The complaint asserts at least claim 54, which depends from independent claim 40 (Compl. ¶37).
- Essential elements of independent claim 40 include:
- A system comprising a first device programmed to join a group by receiving a message from a second device.
- The first device sends its location to a server and receives the locations of other devices in the group.
- It presents a georeferenced map with user-selectable symbols corresponding to the other devices.
- It identifies user interaction with the display, including the selection of a particular symbol.
- This identification comprises searching a set of symbols for the symbol "located nearest to the coordinates of the selected position" on the map.
- Based on the selection, the system uses an Internet Protocol to send data to the corresponding second device.
- The complaint reserves the right to assert additional claims (Compl. ¶37).
U.S. Patent No. 9,820,123 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks
- Technology Synopsis: This patent describes a method for devices to participate in a collaborative group by communicating with a server. The system facilitates sending and receiving location information, displaying it on interactive maps with selectable symbols, and requesting additional map data from a second server (Compl. ¶55; ’123 Patent, cl. 23). A specific claimed feature is the method of identifying a selected symbol by searching for the symbol nearest to the coordinates of the user's touch on the display (’123 Patent, cl. 23).
- Asserted Claims: At least independent claim 23 (Compl. ¶52).
- Accused Features: The accused products' alleged functionalities for joining groups, communicating with a server to exchange location data, displaying that data on interactive maps, and allowing users to interact with symbols to communicate with other devices (Compl. ¶¶55-62).
U.S. Patent No. 9,749,829 - Method to Provide Ad Hoc and Password Protected Digital and Voice Networks
- Technology Synopsis: This patent focuses on a system where a second device can join a group that includes a first device and engage in remote control operations. The system involves a server-mediated exchange of messages for joining the group, sharing location information, repositioning symbols on a map based on updated locations, and sending messages to remotely control another device to perform an action (Compl. ¶70; ’829 Patent, cl. 34).
- Asserted Claims: At least independent claim 34 (Compl. ¶67).
- Accused Features: The accused products' alleged functionalities that allow users to form groups to "track, remotely monitor, and control, and/or communicate with other users' devices" (Compl. ¶19), as well as sharing location data and presenting it on interactive maps (Compl. ¶70, ¶71).
III. The Accused Instrumentality
Product Identification
- The complaint identifies a suite of Raytheon products, including Raytheon TAK, TAK Server, ATAK, WebTAK, CivTAK, WinTAK, Airport Surface Awareness System, and others, collectively referred to as the "Accused Products" (Compl. ¶18).
Functionality and Market Context
- The Accused Products are described as a "suite of georeferenced imagery and communications tools that allow for scaled operational planning, data sharing, visualized elevation data, and target management" (Compl. p. 8). Their core functionality allegedly allows users to form groups, share and view their respective locations on a map, and communicate via text, voice, and multimedia (Compl. ¶19). The complaint provides a screenshot from product marketing material describing the TAK system as providing "real-time coordination" and "Situational Awareness" (Compl. p. 8).
- The complaint alleges the Accused Products are sold to civilian, commercial, and other non-federal customers, and are not exclusively for government use (Compl. ¶18). It further alleges these products are marketed to "improve user experiences and to improve Defendants' position in the market" (Compl. ¶19).
IV. Analysis of Infringement Allegations
9,445,251 Infringement Allegations
| Claim Element (from Independent Claim 1) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| receiving...a message sent by a second device, wherein the message relates to joining a group | The Accused Products are programmed to receive messages from other devices related to joining groups. | ¶28 | col. 11:50-55 |
| participating in the group...sending first location information to a server and receiving second location information from the server | The Accused Products facilitate participation in a group by communicating with a server to send and receive location information. | ¶29 | col. 11:56-62 |
| presenting, via an interactive display...a first interactive, georeferenced map and a plurality of user-selectable symbols corresponding to...the second devices | The Accused Products present location information on interactive displays which include interactive maps and user-selectable symbols corresponding to other devices. A screenshot shows an "ATAK Civilian Overview" with a map displaying icons for various entities (Compl. p. 13). | ¶30 | col. 6:49-55 |
| identifying user interaction with the interactive display selecting a particular user-selectable symbol...and...using an Internet Protocol to send data to the particular second device | The Accused Products permit user interaction with the display to select symbols, which permits data to be sent to other devices based on that interaction. | ¶31 | col. 6:41-44 |
9,467,838 Infringement Allegations
| Claim Element (from Independent Claim 40) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| a system comprising: a first device programmed to perform operations comprising: receiving a message...wherein the message relates to joining a group | The Accused Products are programmed to receive messages related to joining groups from other devices. | ¶43 | col. 11:51-55 |
| sending first location information to a first server and receiving second location information from the first server | The Accused Products communicate with a server to send and receive location information to facilitate group participation. | ¶44 | col. 11:56-62 |
| presenting...a georeferenced map and...user-selectable symbols corresponding to...second devices | The Accused Products present location information on interactive maps with symbols corresponding to other devices. A screenshot from a user manual shows the "Bloodhound Tool" for tracking and intercepting a map item, illustrating the display of symbols on a map (Compl. p. 16). | ¶45 | col. 6:49-55 |
| identifying the user interaction selecting the particular user-selectable symbol...comprising: searching a set of symbols for a symbol located nearest to the coordinates of the selected position | The Accused Products are programmed to permit interaction with the display where a user may select one or more symbols. | ¶46 | col. 8:12-25 |
Identified Points of Contention
- Scope Questions: A central question may be whether the server architecture and communication protocols of the Accused Products (e.g., TAK Server) align with the specific server interactions recited in the claims. For instance, does connecting to a TAK server constitute the claimed method of "joining a group" via a specific message exchange?
- Technical Questions: Claim 40 of the ’838 Patent recites a specific technical step of "searching a set of symbols for a symbol located nearest to the coordinates of the selected position." A key factual question for the court will be whether the Accused Products' user interface actually implements this "nearest symbol" search algorithm for selecting an icon, or if it uses a different technical method, such as detecting a touch within the defined pixel boundaries of a symbol. The complaint alleges the functionality generally but does not provide detailed evidence on the specific algorithm used.
V. Key Claim Terms for Construction
The Term: "group"
- Context and Importance: This term is foundational to the asserted claims, which recite methods for "joining a group" and "participating in the group." The definition of "group" will be critical to determining whether the interactions between users of the Accused Products fall within the claim scope. Practitioners may focus on whether a "group" requires a formal, persistent establishment (e.g., a named team) or if it can be construed more broadly to cover any transient, ad hoc connection of two or more devices communicating through a server.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: The specification describes the invention's purpose as enabling the establishment of "temporary or longer lasting" networks "easily and rapidly," suggesting a flexible and informal definition may be appropriate (’251 Patent, col. 2:9-12).
- Evidence for a Narrower Interpretation: The patent figures and description provide examples of groups with specific names and passwords, such as the "Katrina Fire" network, which may support an argument that a "group" requires some level of formal designation beyond simple communication between devices (’251 Patent, FIG. 6).
The Term: "searching a set of symbols for a symbol located nearest to the coordinates of the selected position"
- Context and Importance: This phrase from claim 40 of the ’838 Patent and claim 23 of the ’123 Patent recites a specific algorithm for how a user's touch on a map is translated into the selection of a symbol. The infringement analysis for these patents may turn entirely on whether the Accused Products perform this exact "nearest symbol" search.
- Intrinsic Evidence for Interpretation:
- Evidence for a Broader Interpretation: A party might argue this language should be construed functionally to cover any algorithm that resolves a user's touch on the map to a nearby symbol, even if not a literal distance-based search, as the overall purpose is to facilitate easy selection. The specification describes the general function of "hooking" a symbol by pointing "at or near the location" (’838 Patent, col. 8:12-16).
- Evidence for a Narrower Interpretation: The claim language recites a specific sequence: "searching...for a symbol located nearest." This suggests a specific computational process. A party could argue that this requires an algorithm that calculates distances from the touch coordinates to multiple symbols and selects the minimum, as distinguished from a simpler method like checking if the coordinates fall within a single symbol's predefined hitbox.
VI. Other Allegations
- Indirect Infringement: The complaint alleges inducement of infringement by Defendants instructing customers to use the Accused Products in an infringing manner through "training videos, demonstrations, brochures, installations, and/or user guides" (Compl. ¶25, ¶40, ¶54, ¶69).
- Willful Infringement: The complaint alleges knowledge of infringement "at least as of the date of this Complaint," supporting a claim for post-suit willfulness (Compl. ¶24). It also pleads in the alternative that Defendants "believed there was a high probability that others would infringe... but remained willfully blind to the infringing nature of others' actions," which may support a claim for pre-suit willfulness (Compl. ¶24).
VII. Analyst’s Conclusion: Key Questions for the Case
- A central procedural question will be the impact of reexamination: given that the asserted claims in all four patents have survived Ex Parte Reexamination, what scope remains for Defendants to argue invalidity, and how will this procedural history influence the court’s view of the patents’ strength and the ultimate question of willfulness?
- A key evidentiary question will be one of algorithmic equivalence: does the accused TAK system’s user interface for selecting an on-map icon perform the specific "search for the nearest symbol" function as required by claims in the ’838 and ’123 patents, or is there a fundamental mismatch in the technical operation of the selection mechanism?
- A core issue will be one of definitional scope: can the act of multiple users connecting to a common TAK Server for shared situational awareness be construed as the specific, multi-step method of "joining a group" and "participating in the group" as recited in the asserted claims?