Plaintiff Nearby Systems LLC filed suit on Wednesday in the Eastern District of Texas against defendants CVS Health Corporation and CVS Pharmacy, Inc. (collectively, CVS) alleging that the CVS operated-and-owned CVS App uses mapping methods that directly infringe on two of the plaintiff’s patents entitled “Mashing Mapping Content Displayed on Mobile Devices.”
According to the complaint, the defendants own and operate the CVS Pharmacy App, which intends to “help consumers save time and money through an integrated experience that includes mobile payment, ExtraCare offers, prescription information and refill/pickup options and Curbside services.” CVS also owns and operates the website www.cvshealth.com and www.cvs.com. On these websites, they market their products, which the plaintiff contends also use infringing systems.
The patents-in-suit were issued to the plaintiff in late 2016 and late 2019. The complaint claims that the inventions of the patents intend to improve the mapping systems of an app, such as “combining mappable data from disparate sources onto a single digital map in a mapping application.”
The plaintiff explains that the CVS App, which is operated by the defendants, has directly infringed on its patents. For example, the app uses an infringing “system and method for displaying map information on a mobile device to obtain the data to display text and maps that present information to allow a mobile device user to identify and navigate to locations offering Defendant’s products.” Nearby Systems argues that the system and method used by the defendants is protected under the claims of the plaintiff’s patents-in-suit.
The plaintiff additionally claims that the defendants intentionally took steps that would infringe on the assertions of the patents-in-suit and that CVS was aware of each of the patents.
The complaint cites two counts of patent infringement. The plaintiff seeks favorable judgment on each count of infringement, an injunction preventing further infringement or requiring ongoing royalties for future infringement, damages, pre- and post-judgment interest, and more.
The plaintiff is represented by Rozier Hardt McDonough PLLC and Heninger Garrison Davis LLC.
