DCT

2:24-cv-00742

AGIS Software Development LLC v. General Dynamics Corp

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:24-cv-00742, E.D. Tex., 01/10/2025
  • Venue Allegations: Plaintiff alleges venue is proper because Defendant has regular and established places of business within the Eastern District of Texas.
  • Core Dispute: Plaintiff alleges that Defendant’s command and control software suites, including GeoSuite and IMPACT, infringe four patents related to methods for providing ad hoc, password-protected digital and voice networks.
  • Technical Context: The technology enables secure, temporary communication networks for users like first responders and military personnel, allowing them to share location data and communicate in real-time on mobile devices without pre-configuration.
  • Key Procedural History: The complaint notes that all four Patents-in-Suit have undergone Ex Parte Reexamination proceedings at the U.S. Patent and Trademark Office, with the asserted claims being confirmed as valid and patentable. This history may be raised by the Plaintiff to counter potential invalidity arguments from the Defendant.

Case Timeline

Date Event
2004-09-21 Earliest 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
2025-01-10 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,445,251

  • Patent Identification: U.S. Patent No. 9,445,251, "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks," issued September 13, 2016.

The Invention Explained

  • Problem Addressed: The patent describes the difficulty for military, first responders, and other emergency groups in establishing secure, interoperable digital and voice communication networks quickly during a crisis. Coordinating different organizations (e.g., police and fire departments) is particularly challenging, as they may lack pre-existing communication links. (’251 Patent, col. 2:7-39).
  • The Patented Solution: The invention provides a method for users to join a temporary, password-protected network using a device like a PDA or cell phone. Participants only need to enter a server IP address, an event name, and a password. A central server then manages communications, receiving location and status data from each user and forwarding it to all other participants, enabling real-time situational awareness on a geographical map display without requiring pre-entry of user-specific data like phone numbers. (’251 Patent, Abstract; col. 4:46-67). Figure 5 illustrates the central role of the server in retaining names and IP addresses and sending data between network participants. (’251 Patent, Fig. 5).
  • Technical Importance: This approach streamlines the creation of secure, collaborative networks in dynamic environments where pre-planning is impossible, allowing disparate groups to achieve interoperability on the fly. (’251 Patent, col. 2:45-50).

Key Claims at a Glance

  • The complaint asserts at least independent claim 24. (’251 Patent, col. 18:24-19:67; Compl. ¶21).
  • Essential elements of independent claim 24 include:
    • A first device programmed to perform operations comprising: receiving a message from a second device relating to joining a group.
    • Based on the message, participating in the group, which includes sending the first device's location information to a server and receiving location information for other devices from the server.
    • Presenting on an interactive display a georeferenced map with user-selectable symbols corresponding to the other devices at their respective locations.
    • Sending a request for a second, different georeferenced map to the server and receiving it.
    • Presenting the second map with the symbols.
    • Identifying user interaction selecting one or more symbols and, based on that interaction, using an Internet Protocol to send data to the corresponding devices via the server, without the first device having direct access to their IP addresses.
  • The complaint does not explicitly reserve the right to assert dependent claims.

U.S. Patent No. 9,467,838

  • Patent Identification: U.S. Patent No. 9,467,838, "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks," issued October 11, 2016.

The Invention Explained

  • Problem Addressed: Similar to the ’251 Patent, this patent addresses the need for emergency response and military personnel to rapidly establish temporary (ad hoc) digital and voice networks to coordinate activities among different, and not pre-known, organizations. (’838 Patent, col. 2:7-39).
  • The Patented Solution: The patent describes a system where users on IP-capable devices can join a secure network by providing a server IP address, an ad hoc event name, and a password. A server acts as a central forwarder, authenticating users and relaying GPS position, status, and other data between all authenticated network participants, who are then displayed as symbols on a shared map interface. (’838 Patent, Abstract; col. 4:46-67). This architecture enables both group-wide broadcasts and selective transmission between users. (’838 Patent, col. 2:58-63).
  • Technical Importance: The technology provides a framework for creating instant, secure command-and-control networks, which is critical in disaster response scenarios where different agencies must collaborate without prior technical integration. (’838 Patent, col. 2:7-20).

Key Claims at a Glance

  • The complaint asserts at least independent claim 54. (’838 Patent, col. 20:53-22:42; Compl. ¶35).
  • Essential elements of independent claim 54 include:
    • A first device programmed to perform operations comprising: joining a group by transmitting a message with a group identifier.
    • Participating in the group by sending its location to a first server and receiving locations of other devices from the server.
    • Presenting a georeferenced map with user-selectable symbols for other group members.
    • Requesting and receiving a second georeferenced map from a second server.
    • Presenting the second map with the symbols.
    • Identifying user selection of one or more symbols and sending data to the corresponding devices via the first server.
  • The complaint does not explicitly reserve the right to assert dependent claims.

Multi-Patent Capsule: U.S. Patent No. 9,820,123

  • Patent Identification: U.S. Patent No. 9,820,123, "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks," issued November 14, 2017.
  • Technology Synopsis: This patent details a system for creating ad hoc networks where a first device, after joining a group, communicates with other devices via one or more servers. The system presents the locations of other devices as selectable symbols on a georeferenced map, retrieves different map data upon request, and allows the first device to interact with the symbols to send data to other devices using an Internet Protocol. (’123 Patent, Abstract).
  • Asserted Claims: At least independent claim 23 is asserted. (Compl. ¶50).
  • Accused Features: The complaint alleges that the Accused Products’ functionalities for forming and joining groups, sending and receiving location information via servers, displaying group members as selectable symbols on a map, and enabling user interaction with those symbols to send data infringe the ’123 Patent. (Compl. ¶53-58).

Multi-Patent Capsule: U.S. Patent No. 9,749,829

  • Patent Identification: U.S. Patent No. 9,749,829, "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks," issued August 29, 2017.
  • Technology Synopsis: This patent describes a client-server communication method where a second device can join a group that includes a first device, after which the devices repeatedly share location information. The system allows the second device to display the first device's location on a map and, through user interaction with a symbol representing the first device, send messages to remotely control an action on the first device, with communications intermediated by a server. (’829 Patent, Abstract).
  • Asserted Claims: At least independent claim 34 is asserted. (Compl. ¶65).
  • Accused Features: Infringement allegations focus on the Accused Products' systems for allowing a device to join a group, share location data via a server, display other devices on a map, and interact with displayed symbols to send messages and remotely control other devices in the group. (Compl. ¶69-74).

III. The Accused Instrumentality

  • Product Identification: The accused instrumentalities are GeoSuite, Integrated Mission Planning & Airspace Control Tools (“IMPACT”), Enterprise Mission Planning and Integrated Real-Time Execution (“EMPIRE”), and any situational awareness or command and control solutions integrating or comprising ATAK products (the "Accused Products"). (Compl. ¶17).
  • Functionality and Market Context: The complaint describes the Accused Products as command-and-control solutions that provide users with situational awareness and collaboration tools. (Compl. ¶17). Their functionalities allegedly include allowing users to form and join groups, share and view the locations of other users on a map display, and communicate via text, voice, and multimedia messages. (Compl. ¶18). The complaint provides a diagram depicting this functionality as "Tactical Sync," where various field devices are shown communicating through a central network hub. (Compl. p. 7). Marketing materials cited in the complaint position these products for military and public safety personnel, emphasizing features like "Shared Common Operational Picture," "Network Adaptability & Collaboration," and "Situational Awareness." (Compl. p. 7).

IV. Analysis of Infringement Allegations

’251 Patent Infringement Allegations

Claim Element (from Independent Claim 24) Alleged Infringing Functionality Complaint Citation Patent Citation
a first device programmed to perform operations comprising: receiving a message from a second device, wherein the message relates to joining a group... The Accused Products are programmed to receive messages from other devices that relate to joining groups. ¶26 col. 18:26-29
based on receiving the message...participating in the group, wherein participating in the group includes 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. This architecture is depicted in a "Typical GeoSuite Architecture" diagram. ¶27, p. 16 col. 18:30-38
presenting, via an interactive display of the first device, a first interactive, georeferenced map and a plurality of user-selectable symbols corresponding to the plurality of second devices, wherein the symbols are positioned...at respective positions... Location information is presented on interactive displays with interactive maps and user-selectable symbols corresponding to other devices, positioned according to their locations. A provided image shows a user viewing such a map on a smartphone. ¶28, p. 17 col. 18:39-48
sending, from the first device to the server, a request for a second georeferenced map different from the first georeferenced map...and receiving, from the server, the second georeferenced map... The Accused Products permit users to request and display additional map types, such as by moving the map screen or selecting satellite image maps. ¶29 col. 18:49-55
identifying user interaction with the interactive display selecting one or more of the user-selectable symbols...and, based thereon, using an Internet Protocol to send data to the one or more second devices via the server... The Accused Products permit user interaction with the display, such as selecting one or more symbols, to cause data to be sent to other devices. ¶29 col. 18:60-67

’838 Patent Infringement Allegations

Claim Element (from Independent Claim 54) Alleged Infringing Functionality Complaint Citation Patent Citation
A system comprising: a first device programmed to perform operations comprising: joining a group, wherein joining the group comprises transmitting a message including a group identifier... The Accused Products allow users to establish and join groups, which involves transmitting messages to form the group. ¶40-41 col. 20:54-58
participating in the group, wherein participating in the group includes sending first location information to a first server and receiving second location information from the first server... The Accused Products facilitate group participation by communicating with a server to send and receive location information. A screenshot shows "GeoSuite helps Texas Task Force 1 stay on top of its search and rescue operations" by displaying team members on a map. ¶42, p. 13 col. 20:59-65
presenting, via an interactive display of the first device, a first georeferenced map and a first set of one or more user-selectable symbols corresponding to a first set of one or more second devices... The Accused Products present location information on an interactive map with user-selectable symbols corresponding to other group members. ¶43, p. 37 col. 20:66-21:5
sending, from the first device to a second server, a request for second georeferenced map data different from the first georeferenced map data; receiving, from the second server, the second georeferenced map data... The Accused Products allow users to retrieve map information from multiple sources, including requesting different map views like street-view maps. ¶40, ¶44 col. 21:6-12
identifying user interaction with the interactive display selecting one or more of the first set of user-selectable symbols...and based thereon, sending third data to the selected one or more second devices via the first server. The Accused Products permit interaction with the display where a user may select one or more symbols to send data to other devices based on that interaction. ¶44 col. 21:19-25
  • Identified Points of Contention:
    • Scope Questions: A central question may be whether the client-server architecture of the Accused Products aligns with the "server" recited in the claims. The complaint's evidence, such as the "Typical GeoSuite Architecture" diagram (Compl. p. 16), depicts "Core Servers," "GeoSuite Server (Command Vehicles)," and "Other Agency Systems," suggesting a potentially complex, multi-server, or distributed architecture. The infringement analysis may turn on whether the term "a server" in the claims can be construed to read on such a system.
    • Technical Questions: The complaint alleges that user interaction with a symbol causes data to be sent via an Internet Protocol. (Compl. ¶29, ¶44). A key factual question will be whether the accused systems actually perform this specific claimed function. The complaint relies on high-level product descriptions, and the defense may argue that the underlying technical mechanism for user interaction and communication in its products operates differently from the specific steps recited in the claims.

V. Key Claim Terms for Construction

  • The Term: "a server" / "the server"

  • Context and Importance: This term appears throughout the asserted independent claims and is central to the claimed method of communication. The infringement case will depend heavily on whether the architecture of the Accused Products, which may be cloud-based or involve multiple distributed hardware and software components, meets the definition of "a server" as used in the patents.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification states that "The communication system also includes a server that acts as a forwarder for IP communications between any combination of PDA/cell phone users and/or PC based users." (’251 Patent, col. 3:51-55). This language could support an interpretation where any network component that forwards IP data between users qualifies as "a server."
    • Evidence for a Narrower Interpretation: The specification also notes that for security in cellular communications, "a centralized static IP routable Server is used." (’251 Patent, col. 4:8-12). This could support a narrower construction limiting the term to a single, centralized entity, potentially creating a point of non-infringement if the accused systems are shown to be decentralized.

  • The Term: "message relates to joining a group"

  • Context and Importance: This is the triggering step for the claimed method in claim 24 of the ’251 Patent. The outcome of the infringement analysis may depend on what constitutes such a "message." Practitioners may focus on this term because the Accused Products may not use an explicit "join request" message, but rather a different protocol for establishing a shared session.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The patent focuses on the overall goal of establishing an ad hoc network by entering a name and password, suggesting any initial communication that achieves this purpose could be considered a "message relates to joining a group." (’251 Patent, col. 4:46-55).
    • Evidence for a Narrower Interpretation: The patent describes a specific sequence where users enter an ad hoc event name and password, which "causes the specific PDA or PC of the user to commence reporting directly to the Server's IP address." (’251 Patent, col. 4:56-59). This could be argued to require a specific type of initial handshake or registration message, rather than any communication that results in group formation.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges inducement of infringement, stating that Defendant instructs its customers to use the Accused Products in an infringing manner through materials such as "training videos, demonstrations, brochures, installations and/or user guides." (Compl. ¶23, ¶38, ¶52, ¶68).
  • Willful Infringement: The complaint alleges Defendant had knowledge of the patents and infringement "at least as of the date of the Original Complaint" and, in the alternative, that Defendant was "willfully blind to the infringing nature of others' actions." (Compl. ¶22, ¶37, ¶51, ¶67). These allegations are directed at establishing post-suit knowledge to support a claim for willful infringement.

VII. Analyst’s Conclusion: Key Questions for the Case

  • A core issue will be one of architectural scope: does the potentially complex, multi-server, and distributed nature of Defendant’s command-and-control systems fall within the scope of the term "a server" as described in the patents, which at times refers to a single, centralized forwarder?
  • A key evidentiary question will be one of operational correspondence: does the high-level functionality shown in Defendant's marketing materials (e.g., displaying user icons on a map and allowing clicks) actually operate according to the specific sequence of steps recited in the asserted claims, such as receiving a distinct "message...relat[ing] to joining a group" and then "using an Internet Protocol to send data" based on a subsequent, separate symbol selection? The case will likely depend on whether Plaintiff can prove a direct mapping between the accused system's underlying software logic and the specific limitations of the patent claims.