DCT

2:25-cv-01043

AGIS Software Development LLC v. Safetix Ltd

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:25-cv-01043, E.D. Tex., 10/14/2025
  • Venue Allegations: Venue is alleged to be proper in any U.S. judicial district on the basis that Defendant is not a resident of the United States.
  • Core Dispute: Plaintiff alleges that Defendant’s "Familo" location-sharing application, and its associated services, infringe four U.S. patents related to the creation and operation of ad hoc, password-protected digital networks for communication and location tracking.
  • Technical Context: The technology at issue involves methods for mobile devices to join temporary, server-mediated groups to share real-time geopositioning data and communicate, a functionality central to modern location-sharing and family safety applications.
  • Key Procedural History: The complaint notes that all four Patents-in-Suit successfully underwent Ex Parte Reexamination proceedings at the U.S. Patent and Trademark Office between 2021 and 2022, with the patentability of all originally issued claims being confirmed. This procedural history may be raised by the Plaintiff to counter potential invalidity defenses.

Case Timeline

Date Event
2004-09-21 Earliest Priority Date for ’251, ’838, ’123, and ’829 Patents
2013-09-18 Accused "Familo" Product initial release date
2016-09-13 ’251 Patent Issued
2016-10-11 ’838 Patent Issued
2017-08-29 ’829 Patent Issued
2017-11-14 ’123 Patent Issued
2021-05-27 Ex Parte Reexamination Certificate issued for ’838 Patent
2021-06-08 Ex Parte Reexamination Certificate issued for ’251 Patent
2021-08-16 Ex Parte Reexamination Certificate issued for ’829 Patent
2021-09-24 Ex Parte Reexamination Certificate issued for ’123 Patent
2025-10-14 Complaint Filing Date

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 (’251 Patent)

The Invention Explained

  • Problem Addressed: The patent describes the need for military, first responder, and other emergency groups to establish temporary (ad hoc) digital and voice communication networks quickly and easily. A key challenge identified is coordinating different organizations (e.g., police and fire departments) at a disaster scene, as their respective communication systems often lack interoperability (’251 Patent, col. 2:7-36).
  • The Patented Solution: The invention provides a method for users with mobile devices (described as PDA/GPS phones) to join a network by entering a server IP address, an ad hoc event name, and a password. A central server manages the network, receiving GPS position and status from each member and routing that data to all other participants, thereby creating shared situational awareness without requiring users to pre-enter contact information for other members (’251 Patent, Abstract; col. 4:46-67). The system architecture is depicted in Figure 5, which shows a server temporarily retaining names and IP addresses to facilitate communication between network participants.
  • Technical Importance: This approach streamlined the formation of secure, temporary communication groups for entities that need to coordinate activities in dynamic environments without pre-existing communication infrastructure (’251 Patent, col. 2:37-49).

Key Claims at a Glance

  • The complaint asserts at least independent claim 24 (Compl. ¶22).
  • The essential elements of Claim 24 (a system claim directed to a "first device") include:
    • Receiving a message from a second device relating to joining a group.
    • Participating in the group, which includes sending first location information to a server and receiving second location information (comprising locations of a plurality of second devices) from the server.
    • Presenting a first georeferenced map with user-selectable symbols corresponding to the locations of the second devices.
    • Sending a request to the server for a second, different georeferenced map.
    • Receiving and presenting the second georeferenced map with the symbols repositioned.
    • Identifying user interaction with a symbol on the map to specify an action, and based thereon, using an Internet Protocol to send data to the corresponding second device(s) 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 but references infringement of "one or more claims" in the prayer for relief (Compl. p. 30, ¶a).

U.S. Patent No. 9,467,838 - “Method to Provide Ad Hoc and Password Protected Digital and Voice Networks,” issued October 11, 2016 (’838 Patent)

The Invention Explained

  • Problem Addressed: As with the related ’251 Patent, the ’838 Patent addresses the need for emergency and first responder groups to rapidly form ad hoc communication networks for coordinating activities, overcoming the typical lack of interoperability between different organizations (’838 Patent, col. 2:6-34).
  • The Patented Solution: The patent describes a system where users join a communication network corresponding to a group by transmitting a message with a group identifier. A server architecture facilitates the exchange of location information between a "first device" and "second devices" in the group, which is then displayed on an interactive, georeferenced map (’838 Patent, Abstract; col. 11:49-67). Communication and map data requests are managed through one or more servers.
  • Technical Importance: The invention provides a framework for creating on-demand, map-based situational awareness for teams in the field, which is particularly valuable in public safety and military contexts (’838 Patent, col. 2:35-46).

Key Claims at a Glance

  • The complaint asserts at least independent claim 54 (Compl. ¶31).
  • The essential elements of Claim 54 (a system claim directed to a "first device") include:
    • 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 for other devices from the first server.
    • Presenting a first georeferenced map with user-selectable symbols for a first set of second devices.
    • Sending a request for a second georeferenced map to a second server.
    • Receiving the second map data from the second server and presenting it with symbols for a second set of second devices.
    • Identifying user interaction with a symbol to specify an action and, based thereon, sending data to the selected device(s) 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 (’123 Patent)

  • 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, from the same family, describes a system for creating and managing ad hoc communication groups. It details a method for a device to join a group, exchange location data via a server for display on a georeferenced map, and interact with symbols on the map to initiate actions, with a specific focus on the mechanics of identifying a user-selected symbol on the display based on coordinates.
  • Asserted Claims: At least independent claim 23 (Compl. ¶40).
  • Accused Features: The accused features include the Familo app’s functionalities for group creation and participation, map-based location display, and user interaction with the map to communicate with other group members (Compl. ¶¶43-44).

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

  • 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 also relates to ad hoc communication networks. It claims a system from the perspective of a "second device" receiving a request to join a group from a "first device" via a server. The claimed method involves accepting the request, authorizing location sharing and remote control operations, and then receiving updated location information for display on a georeferenced map.
  • Asserted Claims: At least independent claim 34 (Compl. ¶49).
  • Accused Features: The infringement allegations target Familo’s system for inviting and accepting users into groups, sharing location information between devices via a server, and displaying and updating user locations on a map (Compl. ¶¶52-53).

III. The Accused Instrumentality

Product Identification

  • The accused instrumentalities are "any and all variations and versions of Familo mobile applications, desktop/laptop software applications, web applications, mobile devices, terminals, and related servers and services" (Compl. ¶17). The primary focus is the "Familo: Find My Phone Locator" mobile application.

Functionality and Market Context

  • The complaint alleges the Familo application allows users to form and join private groups, or "circles," to stay connected (Compl. p. 8). Key functionalities include viewing approved members' real-time locations on a private map, receiving automated alerts when members arrive at or leave predefined places, initiating emergency "SOS" alerts, and communicating via a private chat function (Compl. ¶¶18, 26; p. 8). The complaint provides a screenshot from an application storefront that highlights features such as "Share Location," "Location History," "Place Alerts," and "Check-in" (Compl. p. 8). The complaint also notes the app has over 10 million downloads from the Google Play store, suggesting significant market presence (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; Familo users receive invitation messages from other users to join a private family circle. ¶¶25-26, p. 8 col. 10:1-4
based on receiving the message from the second device, 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... After joining a group, the user's device sends its location to a server and receives the locations of other group members from the server. ¶¶25-26 col. 5:11-24
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... The Familo app displays a map showing icons representing the real-time locations of other members in the user's circle. ¶¶25-26, p. 8 col. 7:51-64
sending, from the first device to the server, a request for a second georeferenced map different from the first georeferenced map... Users can pan or zoom the map display, which allegedly constitutes a request sent to a server for different map data. ¶26 col. 8:36-40
receiving, from the server, the second georeferenced map...presenting...the second georeferenced map and the plurality of user-selectable symbols...positioned on the second georeferenced map... The app receives and displays the new map data, with the symbols for other users repositioned according to their current locations on the new map view. ¶¶25-26 col. 15:14-21
identifying user interaction with the interactive display selecting one or more of the user-selectable symbols...and user interaction with the display specifying an action and, based thereon, using an Internet Protocol to send data to the one or more second devices via the server... Users can select another user's symbol on the map and initiate a communication action, such as sending a chat message, which is routed through a server. ¶¶25-26 col. 7:9-14

’838 Patent 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...comprises transmitting a message including an identifier corresponding to the group; A user joins a Familo group by accepting an invitation, which involves transmitting a message with an identifier for that group to a server. ¶¶34-35, p. 8 col. 11:51-54
participating in the group...includes sending first location information to a first server and receiving second location information from the first server... The user's device sends its location to Familo's server(s) and receives location data for other group members in return. ¶¶34-35 col. 11:54-61
presenting...a first interactive, georeferenced map and a first set of one or more user-selectable symbols corresponding to a first set of one or more of the second devices... The app displays a map with symbols representing other users, as described for the ’251 Patent. ¶¶34-35, p. 8 col. 11:62-67
sending, to a second server, a request for second georeferenced map data different from the first georeferenced map data; Panning or zooming the map sends a request for new map data to a map data provider server (e.g., Google Maps), which is distinct from the primary application server. ¶¶34-35 col. 12:4-6
receiving, from the second server, the second georeferenced map data; presenting... a second georeferenced map and a second set of...user-selectable symbols... The app receives new map tiles from the map server and displays them, along with the user symbols which are repositioned accordingly. ¶¶34-35 col. 12:7-17
identifying user interaction with the interactive display selecting one or more of the...symbols...and user interaction with the display specifying an action and, based thereon, sending third data to the selected one or more second devices via the first server. A user can select another member's symbol on the map to initiate a communication, which is sent via the primary application server. ¶¶34-35 col. 12:18-25
  • Identified Points of Contention:
    • Scope Questions: A potential point of contention may be the distinction between the "ad hoc" networks for temporary emergency situations described in the patents' background sections and the more persistent "family circles" of the accused product. The defense may argue that the term "group" should be construed in the context of the patents' disclosure, limiting its scope to temporary, mission-oriented user collections.
    • Technical Questions: Claim 54 of the ’838 Patent recites sending a map request "to a second server," whereas Claim 24 of the ’251 Patent recites sending the request "to the server." The complaint alleges that Familo uses third-party services like Google Maps (Compl. p. 15). The factual question will be whether the accused system's architecture, which may use a primary application server and a separate map provider server, aligns with the specific server interactions claimed in each patent. The precise flow of data between the user's device, the Familo application server, and any third-party map servers will be a focus of discovery.

V. Key Claim Terms for Construction

  • The Term: "group"

    • Context and Importance: This term is fundamental to all asserted claims. Its construction will determine whether the "private family circle" of the accused Familo app falls within the scope of the claims. Practitioners may focus on this term because the patents' specifications are heavily oriented towards temporary networks for first responders and military personnel.
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The claims themselves do not explicitly limit the nature or duration of the "group." The specification contains general language such as "allow a group of people to be able to set up a network easily and rapidly" (’251 Patent, col. 2:51-52), which may support a broad definition not limited to emergency contexts.
      • Evidence for a Narrower Interpretation: The Background of the Invention section consistently frames the problem and solution in the context of "Military, first responder, and other public and private emergency groups" (’251 Patent, col. 2:8-9). This consistent contextual framing could be used to argue for a narrower construction limited to temporary, ad hoc assemblages.

  • The Term: "server" / "first server" and "second server"

    • Context and Importance: The claims require specific interactions with one or more servers. The distinction in the ’838 Patent between a "first server" (for group/location data) and a "second server" (for map data) is critical to the infringement theory. The construction of "server" will clarify whether these must be distinct hardware entities or can be logically separate services, potentially run by different companies (e.g., Safetix and Google).
    • Intrinsic Evidence for Interpretation:
      • Evidence for a Broader Interpretation: The patents do not appear to define "server" in a way that requires a single physical machine or ownership by a single entity. The term could be construed functionally to mean any network entity that provides the recited service (e.g., location data routing, map data delivery).
      • Evidence for a Narrower Interpretation: A defendant might argue that the claim language implies servers that are part of a single, integrated system as envisioned by the patentee, rather than a disaggregated system relying on independent third-party APIs for core functions like mapping. The specification's description of "a communication Server" acting as a forwarder for all communications could support an argument for a more unified architecture (’251 Patent, col. 3:15-17).

VI. Other Allegations

  • Indirect Infringement: The complaint alleges inducement of infringement by asserting that Defendant provides instructions, demonstrations, and user guides that direct customers to use the Accused Products in an infringing manner (Compl. ¶¶19, 23, 32).
  • Willful Infringement: Willfulness is alleged based on Defendant’s purported knowledge of the Patents-in-Suit "since at least the issuance date of the Patents-in-Suit" and, alternatively, knowledge "at least as of the date of this Complaint" (Compl. ¶¶16, 23). The prayer for relief seeks a finding of willful infringement and a corresponding award of treble damages (Compl. p. 30, ¶e).

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

  • A core issue will be one of definitional scope: can the term "group," rooted in the patents' disclosure of temporary, ad hoc networks for first responders, be construed to encompass the persistent, social "family circles" implemented in a consumer-facing application? The outcome of this claim construction question may significantly influence the infringement analysis.
  • A key evidentiary question will be one of architectural correspondence: does the technical architecture of the accused Familo system, which leverages third-party services for functions such as mapping, align with the server-client interactions recited in the asserted claims? Specifically, the case may turn on evidence demonstrating how and whether the system distinguishes between a "first server" for application logic and a "second server" for map data, as recited in claims like Claim 54 of the ’838 Patent.