2:25-cv-00954
AGIS Software Development LLC v. Tyler Tech Inc
I. Executive Summary and Procedural Information
- Parties & Counsel:
- Plaintiff: AGIS Software Development LLC (Texas)
- Defendant: Tyler Technologies, Inc. (Delaware)
- Plaintiff’s Counsel: Fabricant LLP
- Case Identification: 2:25-cv-00954, E.D. Tex., 09/16/2025
- Venue Allegations: Plaintiff alleges venue is proper because Defendant maintains a regular and established place of business within the district, specifically citing an office in Plano, Texas.
- Core Dispute: Plaintiff alleges that Defendant’s public safety and computer-aided dispatch (CAD) software systems infringe four patents related to establishing and managing ad hoc, location-based communication networks.
- Technical Context: The technology enables real-time situational awareness for groups such as first responders and military personnel by allowing users with mobile devices to rapidly form secure networks for sharing GPS locations and communicating.
- Key Procedural History: The complaint notes that all four patents-in-suit underwent Ex Parte Reexamination proceedings at the U.S. Patent and Trademark Office, and that the claims asserted in this litigation were confirmed as valid and patentable in certificates issued in 2021.
Case Timeline
| Date | Event |
|---|---|
| 2004-09-21 | Earliest Priority Date for ’251, ’838, ’123, and ’829 Patents |
| 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 |
| 2025-09-16 | 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," issued September 13, 2016
The Invention Explained
- Problem Addressed: The patent family addresses the significant challenge of coordinating different organizations (e.g., police, fire departments, military) during an emergency, where separate, incompatible communication systems hinder the ability to establish a common operational picture. (’838 Patent, col. 1:20-2:46).
- The Patented Solution: The invention provides a method for users with mobile devices to quickly form a temporary, password-protected "ad hoc" network without needing to pre-configure each device with the contact details of other users. (’838 Patent, col. 2:9-18). A central server manages the network, receiving GPS location and status data from each participant and forwarding it to all other members, who can then view each other's positions as symbols on an interactive map. (’838 Patent, Abstract; col. 2:62-3:11).
- Technical Importance: This technology was developed to give first responders and military personnel superior situational awareness compared to conventional radio systems by integrating location tracking, mapping, and multi-modal communication into a single mobile platform. (Compl. ¶¶12-13).
Key Claims at a Glance
- The complaint asserts independent system claim 24. (Compl. ¶22).
- The essential elements of claim 24 require a first device programmed to:
- Receive a message from a second device relating to joining a group.
- Participate in the group by sending its own location to a server and receiving the locations of other devices from the server.
- Present a first interactive, georeferenced map with user-selectable symbols representing other devices at their respective locations.
- Send a request to a server for a second, different georeferenced map.
- Receive and present the second georeferenced map with the user symbols.
- Identify user interaction with the symbols to specify an action and, based on that interaction, use an Internet Protocol to send data to selected devices via the server, without the first device having direct access to the other devices' IP addresses.
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: The patent describes the need for a rapid and simple way for emergency response groups to establish secure, interoperable voice and data networks in the field, overcoming the limitations of siloed communication systems that cannot easily connect different organizations during a crisis. (’838 Patent, col. 1:20-2:46).
- The Patented Solution: The patented method allows users to join an ad hoc network by entering common credentials (e.g., network name, password) into their mobile devices. (’838 Patent, col. 10:43-56). A "first server" manages group participation and routes location data, while a "second server" can be used to provide different map data upon request, with all information presented on an interactive display showing member locations. (’838 Patent, col. 4:41-47; Claim 54).
- Technical Importance: As with the related patents, this technology provided a software-based command-and-control system on handheld devices, aiming to improve coordination and safety for personnel in dynamic environments. (Compl. ¶¶12-13).
Key Claims at a Glance
- The complaint asserts independent system claim 54. (Compl. ¶31).
- The essential elements of claim 54 require a first device programmed to:
- Join a communication network by transmitting a message with a group identifier.
- Participate in the group by sending its location to a "first server" and receiving locations of other devices from that server.
- Present a first interactive, georeferenced map with a first set of user-selectable symbols representing other devices.
- Send a request for different map data to a "second server."
- Receive the new map data from the second server and present a second georeferenced map with a second set of symbols.
- Identify user interaction selecting symbols to specify an action and send data to the selected devices via the first server.
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, part of the same family, discloses a system for creating ad hoc communication networks where mobile device users can join a group to share location information and view participants as symbols on a map. (’123 Patent, Abstract). The asserted claim includes a specific method for identifying a particular user's symbol by detecting a user's selection of a map position and searching for the nearest symbol based on the selected coordinates. (’123 Patent, Claim 23).
Asserted Claims
At least independent system claim 23. (Compl. ¶40).
Accused Features
The complaint alleges infringement based on the Accused Products' features for group formation, location sharing on interactive maps, and user interaction with map symbols to initiate communications. (Compl. ¶¶43-44).
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 also relates to ad hoc networks for situational awareness. (’829 Patent, Abstract). The asserted claim describes a system where a second device can join a group, request and receive location updates for a first device, view the first device as a symbol on a map, and send messages to a server to remotely control the first device to perform an action. (’829 Patent, Claim 34).
Asserted Claims
At least independent system claim 34. (Compl. ¶49).
Accused Features
The complaint accuses the Accused Products' functionalities for group formation, real-time location tracking on interactive maps, and initiating actions, including remote control, based on user interaction with the map display. (Compl. ¶¶52-53).
III. The Accused Instrumentality
Product Identification
The accused instrumentalities are a suite of software applications, systems, and services offered by Tyler Technologies, including Tyler Enterprise CAD, Enterprise Mobile, Public Safety, Fire & EMS Suite, RapidSOS, and Carbyne (collectively, the "Accused Products"). (Compl. ¶17).
Functionality and Market Context
The Accused Products are marketed as command, dispatch, and mobile response solutions for public safety agencies. (Compl. pp. 7-22). They are alleged to provide functionalities for personnel to form and join groups, view the real-time locations of other users and vehicles as symbols on an interactive map, share data, and communicate via text, voice, and video. (Compl. ¶18). The complaint includes a screenshot from Defendant's marketing materials showing a map on a mobile device with icons representing various patrol units, which demonstrates the alleged real-time location display of all units. (Compl. p. 18). The system is described as providing "unparalleled situational awareness" through "real-time location tracking" and "Esri-powered mapping." (Compl. p. 7).
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 |
|---|---|---|---|
| receiving a message from a second device, wherein the message relates to joining a group | The Accused Products allow users to establish and join groups and networks. | ¶¶18, 26 | col. 10:40-52 |
| participating in the group...sending first location information to a server and receiving second location information from the server | The Accused Products provide Automatic Vehicle Location (AVL) and allow users to share their location and view the locations of others, which is managed and communicated via a server. | ¶¶18, 26 | col. 2:62-3:4 |
| presenting, via an interactive display...a first interactive, georeferenced map and a plurality of user-selectable symbols corresponding to the plurality of second devices | The Accused Products display users and vehicles as symbols on an interactive, georeferenced map. A marketing image shows a map display with multiple distinct icons for different units. (Compl. p. 18). | ¶¶18, 26 | col. 6:29-59 |
| sending, to the server, a request for a second georeferenced map different from the first georeferenced map | The Accused Products allegedly permit users to request and display additional maps and retrieve map information from multiple sources. | ¶¶25-26 | col. 4:41-44 |
| 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 | Users can interact with symbols on the map display to select other users and communicate with them via text, voice, or other data transmitted over a network. | ¶¶18, 26 | col. 7:8-14 |
Identified Points of Contention
- Scope Questions: A central question may be whether the phrase "receiving a message from a second device... relating to joining a group" reads on a user logging into a pre-established system, as opposed to the more dynamic, peer-to-peer group formation context suggested by some of the patent's language.
- Technical Questions: The complaint alleges that the Accused Products use a server to mediate communications, consistent with the claim requirement that the first device "does not have access to respective Internet Protocol addresses of the second devices." The actual network architecture of the Accused Products and the precise data flow for user-to-user communication will be a key factual question.
U.S. Patent No. 9,467,838 Infringement Allegations
| Claim Element (from Independent Claim 54) | Alleged Infringing Functionality | Complaint Citation | Patent Citation |
|---|---|---|---|
| joining a communication network...comprises transmitting a message including an identifier corresponding to the group | The Accused Products allow users to establish and join groups, which involves exchanging messages and identifiers with servers. | ¶¶18, 35 | col. 10:43-56 |
| participating in the group...sending first location information to a first server and receiving second location information from the first server | The Accused Products facilitate sharing and viewing of user locations, including real-time vehicle tracking, managed through a server infrastructure. | ¶¶18, 35 | col. 3:1-11 |
| presenting, via an interactive display...a first interactive, georeferenced map and a first set of one or more user-selectable symbols | The Accused Products display interactive maps populated with symbols representing other users and units. A marketing image shows a tablet in a vehicle displaying such a map. (Compl. p. 7). | ¶¶18, 35 | col. 6:32-60 |
| sending, to a second server, a request for second georeferenced map data different from the first georeferenced map data | The complaint alleges that the Accused Products allow users to retrieve map information from "multiple sources," including different types of maps like satellite imagery. | ¶¶28, 35 | col. 4:41-47 |
| 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...devices via the first server | Users can allegedly interact with symbols on the map to initiate communication or send data to other users, with the communication being routed through the system's server. | ¶¶18, 35 | col. 7:10-18 |
Identified Points of Contention
- Scope Questions: Claim 54 explicitly recites a "first server" for group communications and a "second server" for map data. The infringement analysis will turn on whether the Accused Products' architecture uses two functionally distinct servers in this manner, or if a single server or server cluster handles both functions.
- Technical Questions: What constitutes the "message including an identifier corresponding to the group"? The case may explore whether this is a discrete transmission as part of group operations or is indistinguishable from initial login credentials provided by a user to access the system.
V. Key Claim Terms for Construction
"ad hoc... network" / "group"
Context and Importance
This term appears in the patents' titles and is central to the claimed invention. Its construction is critical because the dispute may focus on whether the Accused Products, which may be used by public safety agencies to create persistent operational groups, create the type of "ad hoc" or temporary networks described in the patents' background sections for disaster response.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The patents state a purpose is to "establish quickly a temporary ad hoc network," but also note that such networks "may be temporary or longer lasting in nature," suggesting the term is not strictly limited to transient networks. (’838 Patent, col. 2:10-11, col. 3:9-11).
- Evidence for a Narrower Interpretation: The background extensively frames the invention as a solution for "coordinating different organizations at the scene of a disaster" and for "emergency situations," which may support a construction tied to temporary, event-specific networks rather than permanent organizational structures. (’838 Patent, col. 1:20-22, col. 2:44-46).
"user-selectable symbol"
Context and Importance
Infringement of multiple claims requires interaction with such "symbols" on a map display. The parties may dispute whether the icons shown in the Accused Products are merely informational locators or are the functional, interactive elements required by the claims.
Intrinsic Evidence for Interpretation
- Evidence for a Broader Interpretation: The specification describes a process where an operator "touches the triangle 30 symbol with the stylus 14" and then "touches a 'call' software switch," which initiates a call. This suggests any symbol that can be selected as part of a workflow to initiate an action could meet the definition. (’838 Patent, col. 7:10-18).
- Evidence for a Narrower Interpretation: A defendant could argue that the term requires the symbol itself to function as the direct trigger for an action (like a button), not merely as a graphical element that, when selected, opens a separate menu of actions. The two-step "touch symbol, then touch switch" process described in the specification could be cited to support this narrower view.
VI. Other Allegations
Indirect Infringement
The complaint alleges induced infringement for all four patents-in-suit. The stated basis is that Defendant provides "training videos, demonstrations, brochures, installations, and/or user guides" that allegedly instruct customers on how to use the Accused Products in an infringing manner. (Compl. ¶¶23, 32, 41, 50).
Willful Infringement
While there is no separate count for willfulness, the prayer for relief requests a judgment that infringement was "willful and deliberate" and seeks treble damages. (Compl. pp. 36-37). The factual basis alleged in the complaint is that Defendant has had notice of the patents "since at least the issuance date of the Patents-in-Suit." (Compl. ¶16).
VII. Analyst’s Conclusion: Key Questions for the Case
- A core issue will be one of definitional scope: can the term "ad hoc network," which is rooted in the patents' disclosure of creating temporary networks for disaster response, be construed to cover the potentially persistent, organization-based user groups managed by the Accused Products for day-to-day public safety operations?
- A key evidentiary question will be one of architectural correspondence: do the Accused Products, particularly their use of servers for group communications and mapping, employ the specific one-server and two-server architectures recited in the asserted claims (e.g., the "first server" and "second server" of Claim 54 of the ’838 Patent), or is there a fundamental mismatch in technical operation?
- The case will also likely examine the nature of user interaction: does selecting a map icon in the Accused Products to open a menu of communication options constitute interaction with a "user-selectable symbol" that specifies an "action," as required by the claims, or is a more direct functional link required?