The summer heat brought a surge in patent litigation against retailers, with NPEs targeting everything from e-commerce platforms to specialty retailers. Notable filers included Headwater Research, Near Field Electronics, Intellectual Ventures, Velocity Communication Technologies, and S3G Technology.
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.
Arbor Systems LLC v. Ethan Allen Retail, Inc. (multiple cases)(E.D. Tex.).
Judges: District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claims: Infringement
Defendants:
- Ethan Allen Retail, Inc.
- Ashley Global Retail, LLC
Plaintiff: Arbor Systems LLC
Pls. Cnsl: Rabicoff Law
Patents: 10,891,785; 9,836,883 (Systems and Methods for Fitting Product)
Intellectual Ventures I LLC et al v. The Home Depot, Inc. et al (W.D. Tex.).
Claims: Infringement
Defendants:
- Home Depot Product Authority, LLC
- Home Depot USA, Inc.
- The Home Depot, Inc.
Plaintiffs: Intellectual Ventures I LLC; Intellectual Ventures II LLC
Pls. Cnsl: Steckler Wayne Love; Kasowitz
Patents: Multiple patents related to load balancing, secure identification, and computing systems
Market America, Inc. v. Mercato, Inc. (D. Del.).
Claims: Infringement
Defendant: Mercato, Inc.
Plaintiff: Market America, Inc.
Pls. Cnsl: Vedder Price; Richards Layton & Finger
Patent: 7,197,475 (Multi-vendor internet commerce system for e-commerce applications and methods therefor)
Near Field Electronics LLC v. Foot Locker, Inc. (multiple cases) (E.D. Tex.).
Judge: District Judge Robert W. Schroeder, III
Claims: Infringement
Defendants:
- Foot Locker, Inc.
- Levi Strauss & Co.
- New Balance Athletics, Inc.
- Panda Express, Inc.
- Urban Outfitters, Inc.
Plaintiff: Near Field Electronics LLC
Pls. Cnsl: Shea Beaty
Patents: 6,691,201; 6,742,071; 6,959,350; 6,996,727; 7,373,531 (Various USB and signal detection technologies)
S3G Technology LLC v. Retail Services & Systems, Inc., d/b/a Total Wine & More (E.D. Tex.).
Judges: District Judge Rodney Gilstrap; Magistrate Judge Roy S. Payne
Claims: Infringement
Defendant: Retail Services & Systems, Inc. d/b/a Total Wine & More
Plaintiff: S3G Technology LLC
Pls. Cnsl: Parker Bunt & Ainsworth
Patents: 9,081,897; 9,304,758; 9,940,124 (Modification of Terminal and Service Provider Machines Using an Update Server Machine)
Virtual Creative Artists, LLC v. Hyatt Corporation (N.D. Ill., E.D. Tex.).
Claims: Infringement
Defendants:
- Hyatt Corporation (N.D. Ill.)
- Lumber Liquidators, Inc. (E.D. Tex.)
Plaintiff: Virtual Creative Artists, LLC
Pls. Cnsl: Direction IP Law
Patents: 9,477,665; 9,501,480 (Revenue-generating electronic multi-media exchange and process of operating same)
Wolverine Barcode IP LLC v. McDonald’s Corporation (W.D. Tex.).
Claims: Infringement
Defendant: McDonald’s Corporation
Plaintiff: Wolverine Barcode IP LLC
Pls. Cnsl: Ramey
Patent: 9,280,689 (Method and apparatus for conducting offline commerce transactions)
Zugara, Inc. v. Chanel, Inc. (W.D. Tex.).
Claims: Infringement
Defendant: Chanel, Inc.
Plaintiff: Zugara, Inc.
Pls. Cnsl: Rozier Hardt McDonough
Patent: 10,482,517 (Providing a simulation of wearing items such as garments and/or accessories)