May brought a notable wave of cases targeting retailers and their supply chains, with NPE activity continuing at a steady pace. Frequent filers and themes this month included Nearby Systems (mapping technology), SmartOrder (restaurant/retail ordering systems), and Innercap Technologies (capsule delivery apparatus). Retailers in the home improvement, grocery, drug, and food service sectors were all targeted.
As usual, I prepared the report in partnership with and using Docket Navigator and its powerful database. Docket Navigator is a valuable resource, and the place to go if you want to keep track of new patent litigation filings or want to know what is happening in particular cases, how your judge has historically handled a particular type of motion, or a particular plaintiff’s litigation history. Finally, please let me know if you have thoughts about the report or changes you would like to see. I am preparing it as a service for retailers and their supply chain who may want an overview of the patent litigation landscape. So, I am very open to your suggestions for improving the report.
Adaptive Avenue Associates, Inc. v. Ace Hardware Corporation (N.D. Ill.)
Judge: District Judge Virginia M. Kendall
Claims: Infringement
Defendant: Ace Hardware Corporation
Plaintiff: Adaptive Avenue Associates, Inc.
Pls. Cnsl: Direction IP Law
Patents: 7,171,629 (Customizable web site access system and method therefore); 7,428,707 (Customizable web site access system and method therefore)
Advanced Transactions, LLC v. Northeast Grocery, Inc. et al (S.D.N.Y.)
Claims: Infringement
Defendants:
- Northeast Grocery, Inc.
- Price Chopper Operating Co., Inc.
- The Golub Corporation
Plaintiff: Advanced Transactions, LLC
Pls. Cnsl: Daignault Iyer
Patent: 7,065,555 (System and method related to generating and tracking an email campaign)
Innercap Technologies, Inc. v. Target Corporation (D. Minn.)
Judge: Magistrate Judge David T. Schultz; District Judge Nancy E. Brasel
Claims: Infringement
Defendant: Target Corporation d/b/a Target
Plaintiff: INNERCAP Technologies, Inc.
Pls. Cnsl: Bradford Andresen Norrie & Camarotto
Patent: 7,670,612 (Multi-phase, multi-compartment capsular delivery apparatus and methods for using same)
Nearby Systems LLC v. Walgreen Co. (multiple cases) (E.D. Tex.)
Claims: Infringement
Defendants:
- Walgreen Co. d/b/a Walgreens
- Dollar Tree, Inc.
- Dollar Tree Stores, Inc.
Plaintiff: Nearby Systems LLC
Pls. Cnsl: Rozier Hardt McDonough
Patents: 10,469,980 (Mashing mapping content displayed on mobile devices); 11,937,145 (Mashing mapping content displayed on mobile devices); 12,185,177 (Mashing mapping content displayed on mobile devices); 9,532,164 (Mashing mapping content displayed on mobile devices)
SmartOrder LLC v. Chick-Fil-A, Inc. et al (multiple cases) (E.D. Tex.)
Judges: District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claims: Infringement
Defendants:
- Chick-Fil-A, Inc.
- Chipotle Mexican Grill, Inc.
- Domino’s Pizza, Inc.
- Papa John’s International, Inc.
- Starbucks Corporation
- Yum! Brands, Inc.
Plaintiff: SmartOrder LLC
Pls. Cnsl: Rabicoff Law
Patent: 9,390,424 (System and method for improving customer wait time, customer service, and marketing efficiency in the restaurant, retail, hospitality, travel, and entertainment industries)
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