AGIS Software Development LLC (ASD), a subsidiary of AGIS Holdings Inc., has sued Verizon (2:22-cv-00185) in the Eastern District of Texas over four patents generally related to messaging and location sharing on cellular communication systems. The defendant is accused of infringement through the provision of a wide array of products and services, ranging from location tracking services to first responder solutions. At issue are features for forming or joining networks and groups, including groups of users’ own devices for remote tracking and monitoring; location sharing and related mapping features; sending text, voice, and multimedia communications; and making voice calls. Since launching its sole litigation campaign in May 2014, AGIS Holdings, through its controlled entities, has sued more than ten defendants over the provision of location sharing, mobile communications, and device tracking features in various hardware and software products.
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In conjunction with a motion to dismiss its January 2021 district court case for improper venue, Facebook subsidiary WhatsApp (3:21-cv-03076) has filed a Northern District of California complaint against AGIS Holdings Inc. subsidiary AGIS Software Development LLC (ASD), seeking declaratory judgments of noninfringement for six cellular communications patents through its provision of the WhatsApp Messenger platform. Since launching its sole litigation campaign in May 2014, AGIS Holdings, through its controlled entities, has sued more than ten defendants over various hardware and software products, with features such as location sharing, mobile communications, and lost device tracking at issue.
Last week, District Judge Rodney Gilstrap stayed a set of Eastern District of Texas cases filed in November 2019 by AGIS Software Development LLC against Alphabet (Google, Waze Mobile) and Samsung. The court did so even though the stay “comes late in the progression of this case—with discovery complete, pretrial briefing submitted, and jury selection pending”. Judge Gilstrap ruled that because all the asserted claims of the six patents-in-suit, generally related to mobile messaging, are now subject to granted ex parte reexaminations, the prejudice to the plaintiff inherent in any delay, the maturity of the litigation notwithstanding, “is outweighed by the benefit of such parallel review”. Notably, Google and Samsung filed the requests for ex parte reexam of the last two patents only after the Patent Trial and Appeal Board (PTAB) exercised discretion under “the NHK-Fintiv rule” to deny institution of inter partes review (IPR)—based on petitions asserting the exact same grounds.