AGIS Software Development LLC v. Trimble Inc

I. Executive Summary and Procedural Information

• Parties & Counsel:
  • Plaintiff: AGIS Software Development LLC (Texas)
  • Defendant: Trimble Inc. (Delaware)
  • Plaintiff’s Counsel: Fabricant LLP; TRUELOVE LAW FIRM, PLLC
• Case Identification: 2:25-cv-00952, E.D. Tex., 09/16/2025
• Venue Allegations: Plaintiff alleges venue is proper in the Eastern District of Texas because Defendant maintains a regular and established place of business in the district, specifically citing an office in Plano, Texas.
• Core Dispute: Plaintiff alleges that Defendant’s Terrain Navigator and Fleet Management product lines infringe four patents related to methods for providing ad hoc, password-protected digital and voice networks that enable location sharing and communication among mobile devices.
• Technical Context: The technology enables the rapid formation of temporary, secure communication groups for mobile devices to share real-time location data on interactive maps, a function with applications in emergency response, military, and commercial fleet management.
• Key Procedural History: The complaint states that all four patents-in-suit were the subject of Ex Parte Reexamination proceedings at the USPTO, and that the claims asserted in this litigation were subsequently confirmed as valid and patentable.

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 for ’838 Patent Issues
2021-06-08	Ex Parte Reexamination Certificate for ’251 Patent Issues
2021-08-16	Ex Parte Reexamination Certificate for ’829 Patent Issues
2021-09-24	Ex Parte Reexamination Certificate for ’123 Patent Issues
2025-09-16	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's background describes the need for military, first responder, and other emergency groups to establish temporary digital and voice communication networks quickly and easily, without needing to pre-configure devices with other users' names, phone numbers, or email addresses. It also notes the difficulty of coordinating between different organizations, such as police and fire departments, during a disaster. (’251 Patent, col. 2:7-36).
• The Patented Solution: The invention proposes a system where individuals can join a temporary, password-protected network using a shared "ad hoc event name." (’251 Patent, col. 3:46-57). A central server receives location and status information from each participant's device (e.g., a PDA or PC), stores their IP addresses, and forwards the data to all other group members, enabling them to see each other's positions on an interactive map and communicate without prior setup. (’251 Patent, Abstract; Fig. 5).
• Technical Importance: This approach provided a method to create a common operational picture and enable interoperable communication for dynamic teams in the field, a critical capability for coordinated emergency response operations. (’251 Patent, col. 2:20-46).

Key Claims at a Glance

• The complaint asserts independent system claim 24 (Compl. ¶22).
• The essential elements of claim 24 include:
  • A first device programmed to perform operations, including:
  • Receiving a message from a second device relating to joining a group;
  • 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 a first interactive, georeferenced map with user-selectable symbols representing the other devices at their respective locations;
  • Sending a request for a second, different georeferenced map to the server;
  • Receiving and presenting the second map with the symbols positioned on it;
  • Identifying user interaction that selects a symbol and specifies an action; and
  • Using an Internet Protocol to send data to the selected device(s) via the server, where the first device does not have access to the IP addresses of the second devices.
• The complaint alleges infringement of "at least Claim 24," reserving the right to assert other 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: The patent addresses the same technical problem as the ’251 Patent: the need for first responders and other groups to rapidly form ad hoc digital and voice networks for coordination during emergencies, particularly across different organizations that lack pre-existing communication links. (’838 Patent, col. 2:7-46).
• The Patented Solution: The invention describes a communication system where devices connect to a remote server to join a network. This allows devices to broadcast to a group or transmit selectively, with the server routing GPS position and status data to all network participants. This enables users to view each other on a map and communicate without needing to know each other's phone numbers or IP addresses. (’838 Patent, col. 2:50-col. 3:14).
• Technical Importance: The described method facilitates cross-communication between different emergency units (e.g., police and fire) at a disaster scene, elevating conventional communication by creating a shared digital and voice network. (’838 Patent, col. 2:37-46).

Key Claims at a Glance

• The complaint asserts independent system claim 54 (Compl. ¶31).
• The essential elements of claim 54 include:
  • A first device programmed to perform operations, including:
  • Joining a communication network by transmitting a message with a group identifier;
  • Participating in the group by sending location information to a first server and receiving location information from that server;
  • Presenting a first interactive, georeferenced map with user-selectable symbols for other devices;
  • Sending a request for different map data to a second server;
  • Receiving and presenting the second georeferenced map with the symbols positioned on it;
  • Identifying user interaction that selects a symbol and specifies an action; and
  • Sending data to the selected device(s) via the first server.
• The complaint alleges infringement of "at least Claim 54," reserving the right to assert other claims (Compl. ¶31).

U.S. Patent No. 9,820,123 - "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks"

• Technology Synopsis: This patent covers similar ad hoc networking technology. The asserted claim focuses on a specific user interface method: identifying which on-screen symbol a user has selected by detecting the coordinates of the user's touch on the display and then searching a set of symbols to find the one located nearest to those coordinates.
• Asserted Claims: The complaint asserts independent system claim 23 (Compl. ¶40, 43).
• Accused Features: The accused functionality involves Trimble products allowing users to share their locations on an interactive map and select symbols representing other users to initiate communication, which allegedly involves identifying the selected symbol based on user interaction with the map display (Compl. ¶44).

U.S. Patent No. 9,749,829 - "Method to Provide Ad Hoc and Password Protected Digital and Voice Networks"

• Technology Synopsis: This patent describes the ad hoc networking system from the perspective of a device that is already part of a group. The asserted claim describes a system where a second device receives a request from a first device to join a group, accepts the request, and then engages in repeated location sharing and remote control operations with the first device, all managed through a server.
• Asserted Claims: The complaint asserts independent system claim 34 (Compl. ¶49, 52).
• Accused Features: The complaint accuses Trimble products that allow users to form and join groups, share location information, view other users on a map, and cause an action by sending messages related to remote control or communication based on interaction with the display (Compl. ¶53).

III. The Accused Instrumentality

Product Identification

• The "Accused Products" are identified as Trimble Terrain Navigator and Fleet Management product lines. This includes mobile applications, desktop/laptop software, web applications, and related servers and services (Compl. ¶17).

Functionality and Market Context

• The complaint alleges that the Accused Products are marketed to professionals, including search and rescue teams, law enforcement, and fleet managers, for collecting and sharing field data (Compl. p. 9). The core accused functionalities include forming and joining groups or "Teams," displaying the location of team members on a map, sharing data in near real-time, and communicating with other users (Compl. ¶18, p. 11). The complaint provides a screenshot from Trimble's website for "TNP for Teams" that describes "Team tracking with complete visibility of the location of all team members on the mobile" (Compl. p. 10).

IV. Analysis of Infringement Allegations

U.S. Patent No. 9,445,251 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	Allowing devices and users to establish groups and exchange messages via interaction with servers (Compl. ¶26). Users are assigned to a team to be tracked (Compl. p. 13).	¶26	col. 2:58-63
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...	Allowing devices to share their locations and view other devices' locations on a map by communicating with a server (Compl. ¶26). The "Team Tracking" feature automatically tracks and plots team members' locations in near real-time (Compl. p. 11).	¶26	col. 3:11-24
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...	Presenting location information on interactive displays which include interactive maps and a plurality of user selectable symbols corresponding to other devices (Compl. ¶26). A screenshot shows symbols for team members "Edwards" and "Thomas" on a map (Compl. p. 11).	¶26	col. 6:39-49
sending, from the first device to the server, a request for a second georeferenced map different from the first georeferenced map...	Permitting users to request and display additional maps by selecting different types of maps (Compl. ¶26). A screenshot of the "Layer Setup" menu shows options for different map types, such as "Terrain: OCM" and "Public Land" (Compl. p. 7).	¶26	col. 4:41-43
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...	Permitting interaction with the display where a user may select one or more symbols and permitting data to be sent to other devices based on that interaction (Compl. ¶26). The user manual describes sending text messages from the mobile app to the base station (Compl. p. 14).	¶26	col. 3:1-10

• Identified Points of Contention:
  • Scope Question: A potential point of contention may be whether the phrase "receiving a message...relates to joining a group" can be read on an enterprise system where an administrator provisions a user's account for a team, as opposed to a device receiving a direct invitation message from another device.
  • Technical Question: The infringement theory hinges on the specific sequence of operations. A factual question will be what evidence the complaint provides that selecting a user's symbol on the map directly causes the sending of data to that specific user's device, as mediated by the server and required by the claim.

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

Claim Element (from Independent Claim 54)	Alleged Infringing Functionality	Complaint Citation	Patent Citation
a first device programmed to perform operations comprising: joining a communication network corresponding to a group, wherein joining the communication network comprises transmitting a message including an identifier corresponding to the group	Allowing devices to establish groups and exchange messages with servers (Compl. ¶35). Users are assigned to a "team" which functions as the group (Compl. p. 13).	¶35	col. 4:51-57
participating in the group...includes sending first location information to a first server and receiving second location information from the first server...	Facilitating participation in a group by communicating with a server to send and receive location information (Compl. ¶35). The "TNP for Teams" feature provides "near real-time visibility to any team member's location" (Compl. p. 11).	¶35	col. 3:15-24
presenting, via an interactive display...a first interactive, georeferenced map and a first set of one or more user-selectable symbols...	Presenting location information on interactive displays with maps and user-selectable symbols (Compl. ¶35). The "Vehicle screen" displays a list of vehicles that can be organized into groups (Compl. p. 14-15).	¶35	col. 6:49-59
sending, to a second server, a request for second georeferenced map data different from the first georeferenced map data	Allowing users to retrieve map information from multiple sources, such as by selecting different types of maps (Compl. ¶35).	¶35	col. 4:41-43
identifying user interaction with the interactive display selecting one or more of the second set of user-selectable symbols...and...sending third data to the selected one or more second devices via the first server.	Permitting interaction with the display where a user may select one or more symbols and permitting data to be sent to other devices based on that interaction (Compl. ¶35).	¶35	col. 3:1-10

• Identified Points of Contention:
  • Scope Question: Claim 54 recites sending location information to a "first server" while sending map requests to a "second server." A central dispute may arise over whether the accused Trimble architecture employs two distinct servers for these functions in the manner claimed, or if these functions are handled in a way that falls outside the literal scope of the claim.
  • Technical Question: The complaint's allegations are based on publicly available materials. A key factual question will be whether discovery reveals that the underlying software architecture of the Accused Products actually separates the handling of location data and map data requests between different servers as required by the claim.

V. Key Claim Terms for Construction

• The Term: "georeferenced map" ('251 Patent, claim 24; '838 Patent, claim 54)

• Context and Importance: This term is fundamental to the claimed invention, which relies on displaying participant locations on a map. Its construction is critical because it will determine whether any digital map image infringes, or if the term requires a specific data structure linking map display coordinates to real-world spatial coordinates.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification refers generally to "maps, satellite images, and the like" as data that can be requested by participants, which may support a broad interpretation covering various forms of digital map imagery (’251 Patent, col. 4:41-43).
  • Evidence for a Narrower Interpretation: The claims themselves state that the "georeferenced map includes data relating positions on the first georeferenced map to spatial coordinates," language which a defendant may argue requires more than just a simple image and necessitates an underlying data layer that correlates pixels to geographic coordinates (’251 Patent, cl. 24).

• The Term: "joining a communication network" ('838 Patent, claim 54)

• Context and Importance: The act of "joining" the network is the predicate for all subsequent infringing steps. Practitioners may focus on this term because its definition will determine whether infringement can occur through an administrator provisioning a device on a server backend, or if it requires a specific, active "join" request transmitted by the device itself.

• Intrinsic Evidence for Interpretation:

  • Evidence for a Broader Interpretation: The specification describes the user action for joining as simply entering the "Server's IP address and an ad hoc event name and a password," which could be construed as a broad set of actions that result in network participation (’838 Patent, col. 4:51-57).
  • Evidence for a Narrower Interpretation: Claim 54 specifies that joining "comprises transmitting a message including an identifier corresponding to the group." A defendant may argue this requires an active transmission from the device for the purpose of joining, which may not be met if a user is passively added to a group by an administrator on a server.

VI. Other Allegations

• Indirect Infringement: The complaint alleges inducement of infringement by "instructing users of the Accused Products to perform methods claimed in the...Patent" through materials such as "training videos, demonstrations, brochures, installations, and/or user guides" available on Trimble's websites (Compl. ¶19, 23, 32).
• Willful Infringement: The complaint alleges that Defendant has known of the patents-in-suit "since at least the issuance date" of each patent (Compl. ¶16) and has had knowledge of its infringement "at least as of the date of this Complaint" (Compl. ¶23). The prayer for relief seeks treble damages based on willful and deliberate infringement (Compl. p. 33, ¶e).

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

• A core issue will be one of architectural correspondence: do the server-based, administrator-provisioned "Teams" in Trimble's enterprise products meet the claim limitations requiring a device to "join" a group by "transmitting" or "receiving" a message, or does the patents' language contemplate a more device-initiated, peer-like formation process?
• A key question of claim scope will arise from the '838 patent's recitation of a "first server" for location data and a "second server" for map data. The viability of the infringement claim against the '838 patent may turn on whether Trimble's system architecture can be shown to map onto this specific two-server structure.
• The case will likely involve a significant evidentiary challenge for the Plaintiff to prove, based on publicly available information and subsequent discovery, that the internal operations of the Accused Products perform the precise sequence of steps recited in the system claims, particularly the causal link between a user selecting an on-screen symbol and the system sending data to the corresponding remote device.