Retail patent litigation activity quieted a bit in November, although several frequent filers continued their campaigns against retailers and their supply chains. Notable activity included cases from Alpha Modus targeting major retail operations and VDPP’s continued assertion of 3D display technology patents.
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.
Alpha Modus, Corp. v. Adroit Worldwide Media, Inc. (C.D. Cal., E.D. Tex.).
Claims: Infringement
Defendants:
- Adroit Worldwide Media, Inc.
- Industria de Diseno Textil, S.A. a/k/a Inditex, S.A.
- Zara USA, Inc.
- Stratacache, Inc.
- V-Count Global Holding, Ltd.
Plaintiff: Alpha Modus, Corp.
Pls. Cnsl: Prince Lobel Tye
Patents: 10,853,825 (Method for monitoring and analyzing behavior and uses thereof); 10,977,672 (Method and system for real-time inventory management, marketing, and advertising in a retail store); 11,042,890 (Method and system for customer assistance in a retail store); 11,049,120 (Method and system for generating a layout for placement of products in a retail store); 11,301,880 (Method and system for inventory management in a retail store); 12,026,731 (Method for personalized marketing and advertising of retail products); 12,039,550 (Method for enhancing customer shopping experience in a retail store); 12,354,121 (Methods and systems for shopping in a retail store); 12,423,718 (Methods and systems for providing customer assistance in a retail store)
Cart Source LLC v. The Home Depot, Inc. (M.D. Fla.).
Claims: Infringement
Defendant: The Home Depot, Inc.
Plaintiff: Cart Source LLC
Pls. Cnsl: Malloy & Malloy
Patent: 11,673,427 (Caster anti-tilt device)
Fasteners for Retail, Inc. d/b/a siffron v. Bruegmann USA, Inc. (S.D. Tex.).
Claims: Infringement
Defendant: Bruegmann USA, Inc.
Plaintiff: Fasteners for Retail, Inc. d/b/a Siffron
Pls. Cnsl: Renner Otto; Heim Payne & Chorush; Honigman
Patents: 10,952,547 (Retail merchandise tray); 11,350,769 (Retail merchandise tray); 12,357,114 (Retail merchandise shelving system and deck panels for same); 12,369,730 (Retail shelving system); 12,390,024 (Retail shelving system); 12,396,575 (Retail shelving system); 8,152,006 (Merchandise security system)
VDPP, LLC v. Dukane Corporation (N.D. Ill., E.D. Tex., W.D. Tex., S.D.N.Y., N.D. Tex.).
Judges: District Judge Jeremy C. Daniel; District Judge Rodney Gilstrap; District Judge Reed O’Connor; District Judge Brantley Starr
Claims: Infringement
Defendants:
- Dukane Corporation
- FCA US LLC
- JPMorgan Chase Bank, NA
- Macy’s Corporation Services, LLC d/b/a Macy’s
- Nordstrom, Inc.
- Delta Air Lines, Inc.
- Alaska Air Group, Inc
- Olympus America Inc.
- Speco Technologies
- Victoria’s Secret & Co.
- Starbucks Corporation
- 7-Eleven, Inc.
- Canon USA, Inc.
Plaintiff: VDPP, LLC
Pls. Cnsl: Choken Welling; Ramey; Carden & Tracy; Law Offices of David J. Hoffman
Patents: 10,951,881 (Faster state transitioning for continuous adjustable 3DEEPS filer spectacles using multi-layered variable tint materials); 9,716,874 (Continuous adjustable 3DEEPS filter spectacles for optimized 3DEEPS stereoscopic viewing, control method and means therefor, and system and method of generating and displaying a modified video); 9,426,452 (Faster state transitioning for continuous adjustable 3DEEPS filter spectacles using multi-layered variable tint materials); 7,030,902 (Eternalism, a method for creating an appearance of sustained three-dimensional motion-direction of unlimited duration, using a finite number of pictures); 9,948,922 (Faster state transitioning for continuous adjustable 3DEEPS filter spectacles using multi-layered variable tint materials); 10,021,380 (Faster state transitioning for continuous adjustable 3DEEPS filter spectacles using multi-layered variable tint materials)

