Agis Software v. Lyft: Federal Circuit Affirms Patent Unpatentable
Agis Software Development LLC’s US10341838B2 — covering ad hoc and password-protected digital and voice networks — was affirmed unpatentable by the Federal Circuit in a Rule 36 judgment against Lyft. The appeal ran 676 days before closing on 9 June 2025 with no written opinion.
Federal Circuit kills Agis Software’s network-sharing patent in Rule 36 affirmance
Agis Software Development LLC, a patent assertion entity holding US10341838B2, appealed an invalidity or cancellation determination against ride-share operator Lyft, Inc. to the United States Court of Appeals for the Federal Circuit, docketed as Case No. 23-2236. The patent in suit — application number US15/809102 — claims methods for establishing ad hoc and password-protected digital and voice networks, technology broadly relevant to mobile location-sharing and communications platforms. The appeal was filed on 3 August 2023.
The Federal Circuit issued judgment on 9 June 2025 under Federal Circuit Rule 36, affirming the underlying unpatentability finding without a written opinion. A Rule 36 affirmance means the court found no reversible error warranting further explanation, leaving the cancellation or invalidity of US10341838B2 fully intact. Agis Software obtains no relief; Lyft’s position that the patent is unpatentable is now confirmed at the appellate level.
The 676-day duration is consistent with contested Federal Circuit proceedings that proceed through full briefing before resolution. Because the judgment issued under Rule 36, the public record contains no reasoned opinion, meaning the precise grounds on which unpatentability was upheld — whether prior art, eligibility, or another basis — remain opaque from publicly available documents alone. No further appeal as of right exists at the Federal Circuit level.
Filing to Unpatentable in 676 days
676 days — longer than the median Federal Circuit appeal (~18 months)
Federal Circuit affirms: what the Rule 36 judgment means for both parties
Rule 36 affirmance: no written opinion, full weight of finality
A Federal Circuit Rule 36 judgment affirms the decision below without a written opinion when the court finds no reversible error and the issues do not require precedential guidance. It carries identical legal force to a reasoned opinion — the unpatentability finding for US10341838B2 is conclusive — but provides no published reasoning that could be cited or distinguished in future proceedings.
Affirmed without opinionUS10341838B2 is unpatentable — Agis Software’s enforcement position eliminated
With affirmance, Agis Software cannot assert US10341838B2 against Lyft or any other party. The patent’s claims covering ad hoc and password-protected digital and voice network methods have been adjudicated unpatentable. Any pending or contemplated licensing discussions tied to this patent are effectively extinguished. Agis’s only remaining option would be a petition for certiorari to the Supreme Court, which is rarely granted.
Enforcement extinguishedLyft secures appellate confirmation of invalidity at Federal Circuit
Lyft, represented by Baker Botts LLP, successfully defended the unpatentability finding through to the Federal Circuit. The affirmance forecloses further assertion of US10341838B2 against Lyft’s ride-share and mobile network infrastructure. Given the Rule 36 judgment, Lyft has no reasoned opinion to contend with in any collateral proceedings, which is a procedurally clean outcome for the challenger.
Full appellate winAd hoc network patent invalidated — reduced licensing risk for mobile platform operators
US10341838B2 claimed broad methods for ad hoc and password-protected digital and voice networks — a technology layer relevant to ride-share, gig-economy, and mobile communications platforms. Its elimination suggests Agis Software’s portfolio in this domain is weakened. Companies operating mobile network-sharing or location-based communications features should monitor whether Agis holds related continuation patents that could present residual risk.
Portfolio risk reducedFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Agis Software Development, LLC | Company | Patent assertion entity — holder of US10341838B2 (ad hoc network methods)Search in Eureka ↗ |
| Defendant | Lyft, Inc. | Company | Lyft, Inc. — US-based ride-share platform and mobile application operatorSearch in Eureka ↗ |
| Plaintiff counsel | Alfred Ross Fabricant | Attorney | Counsel for Agis Software Development, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Enrique William Iturralde | Attorney | Counsel for Agis Software Development, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Peter Lambrianakos | Attorney | Counsel for Agis Software Development, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Vincent J. Rubino , III | Attorney | Counsel for Agis Software Development, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Fabricant LLP | Law Firm | Representing Agis Software Development, LLCSearch in Eureka ↗ |
| Defendant counsel | Eliot Damon Williams | Attorney | Counsel for Lyft, Inc.Search in Eureka ↗ |
| Defendant law firm | Baker Botts LLP | Law Firm | Representing Lyft, Inc.Search in Eureka ↗ |
| Presiding judge | Judge N/A | Judge | Court of Appeals for the Federal CircuitSearch in Eureka ↗ |
Official order — verbatim text
The Federal Circuit’s judgment — ‘AFFIRMED. See Fed. Cir. R. 36.’ — is a non-precedential disposition issued without a written opinion. Under the appellate standard of review, the court affirms when it finds no reversible legal error, insufficient evidence claim, or procedural defect in the lower tribunal’s unpatentability determination. The terse phrasing reflects the court’s assessment that the result is clear enough to require no further elaboration, leaving US10341838B2 cancelled or invalid with no reasoned basis that either party can cite or distinguish in related proceedings.
US10341838B2 — Ad Hoc and Password-Protected Digital and Voice Networks
US10341838B2 (application US15/809102) claims methods for providing ad hoc and password-protected digital and voice networks — a technology set encompassing the dynamic creation of secure, device-to-device or group communication networks without fixed infrastructure. This capability is foundational to location-sharing apps, push-to-talk platforms, emergency coordination tools, and ride-share driver/rider communication systems. The patent sits at the intersection of mobile networking and secure communications, fields that have attracted significant patent assertion activity.
For mobile platform operators, gig-economy apps, and enterprise communications vendors, US10341838B2 represented a potential licensing demand risk given the broad applicability of ad hoc network methods. Its affirmed cancellation removes this specific patent from the enforcement landscape. However, the patent family context — continuation applications or related filings by Agis Software — warrants ongoing monitoring. Competitors and new market entrants in proximity networking, mobile group coordination, or secure device communication should assess whether related claim families survive.
Should you run an FTO against US10341838B2 and related Agis Software patents?
US10341838B2 has been affirmed unpatentable and poses no direct enforcement risk in its current form. However, companies building ad hoc networking, password-protected group communication, or mobile voice/data coordination features should assess the broader Agis Software portfolio. Continuation or divisional patents sharing the same specification as US15/809102 may contain claims not subject to the same cancellation ruling, and could present residual exposure for product teams in ride-share, enterprise mobility, or IoT communications.
PatSnap Eureka’s FTO Search Agent can map the full Agis Software patent portfolio, identify continuation families deriving from application US15/809102, and flag live claims that may cover ad hoc network method implementations. R&D and product legal teams can run automated claim-chart analysis against planned feature sets to identify design-around options or prosecution targets before launch — without manual prior-art searches across dozens of related filings.
Run a freedom-to-operate analysis on US10341838B2 to assess your product’s exposure
Run FTO in Eureka →Similar Federal Circuit appeals: ad hoc network and mobile communications patents
Federal Circuit appeals affirming unpatentability of mobile communications and ad hoc network patents — including NPE enforcement actions reviewed under Rule 36.
What this case signals for the mobile communications patent landscape
A Rule 36 affirmance at the Federal Circuit sends a clear signal about the durability of ad hoc network patent claims asserted by NPEs.
Rule 36 outcomes offer no safe harbour for patent holders on related continuations
Because the Federal Circuit issued no written opinion, the precise invalidity rationale is unpublished. Agis Software or related entities could assert continuation patents on similar ad hoc network methods without the benefit of a reasoned opinion to distinguish. Mobile platform operators should audit Agis’s full portfolio for continuation or continuation-in-part applications deriving from US15/809102.
IPR or PGR outcomes affirmed under Rule 36 carry full estoppel implications
If the underlying proceeding was an inter partes review or post-grant review, the petitioner — Lyft — will face statutory estoppel on grounds it raised or reasonably could have raised. However, the affirmed cancellation of the challenged claims means those claims cannot be re-asserted, providing durable protection for Lyft and similarly situated defendants in ride-share and mobile communications sectors.
Agis v Lyft — key questions answered
A Rule 36 affirmance means the Federal Circuit found no reversible error in the lower tribunal’s unpatentability determination and issued judgment without a written opinion. US10341838B2 is conclusively unpatentable. The ruling carries full legal force but generates no published reasoning that can be cited or distinguished in future cases.
US10341838B2 (application US15/809102) was the patent in suit. It claims methods to provide ad hoc and password-protected digital and voice networks — technology applicable to mobile communications, location-sharing, and ride-share platform infrastructure. The patent was found unpatentable at the lower level and that finding was affirmed by the Federal Circuit on 9 June 2025.
No. The affirmed unpatentability finding means US10341838B2’s challenged claims are cancelled or invalid and cannot be asserted against any party. Agis Software’s only theoretical remaining avenue is a petition for certiorari to the US Supreme Court, which is rarely granted and does not stay the Federal Circuit judgment.
The basis of termination reflects that the underlying proceeding — likely an inter partes review or post-grant review before the USPTO Patent Trial and Appeal Board — resulted in a determination that claims of US10341838B2 were unpatentable, typically on prior art or written description grounds. The Federal Circuit’s affirmance confirms that finding without elaborating on the specific invalidity rationale.
Agis Software Development LLC was represented by Fabricant LLP, with attorneys Alfred Ross Fabricant, Enrique William Iturralde, Peter Lambrianakos, and Vincent J. Rubino III on record. Lyft, Inc. was represented by Baker Botts LLP, with Eliot Damon Williams listed as counsel. The appeal was filed 3 August 2023 and closed 9 June 2025.
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