Lyft, Inc. v. AGIS Software Development LLC

I. BACKGROUND

22 On January 29, 2021, AGIS Software filed a patent infringement action against Lyft in the 23 Eastern District of Texas regarding the Patents-in-Suit based on “the Lyft and Lyft Driver 24 applications and the related services and/or servers for the applications.” See Complaint, ECF No. 1 25 ¶ 4. The case was consolidated with AGIS Software’s cases against T-Mobile US, Inc., T-Mobile 26 USA, Inc. (collectively, “T-Mobile”), Uber Technologies, Inc. (“Uber”), and WhatsApp, Inc. 27 (“WhatsApp”) before Judge Gilstrap under the caption AGIS Software Dev. LLC v. T-Mobile USA, Inc., No. 2:21–cv–00072–JRG–RSP (E.D. Tex.) (“E.D. Texas Action”). On January 19, 2022, Judge Gilstrap dismissed Lyft from the case for improper venue. See E.D. Texas Action, ECF No. 334. AGIS Software’s claims against T-Mobile, WhatsApp, and Uber in the Eastern District of Texas have been dismissed as well. See id., ECF Nos. 169, 220, 370. On June 16, 2021, while AGIS Software’s Eastern District of Texas action against Lyft was still pending, Lyft filed the present action for declaratory judgment of noninfringement of the same patents asserted…