On Thursday, Optinetix Inc. filed a suit against Walgreens Co. in the Eastern District of Texas. The plaintiff, a Israeli company that specializes in media messaging technology, claimed that the defendant knowingly infringed upon their patented technology by incorporating it in the Walgreens mobile app.
The patent stems from a technology allegedly developed by the plaintiff that improved distribution of coupons via various broadcast media platforms in order to maximize profits and business for their users. The technology was developed in response to concerns about the cost effectiveness of making and distributing paper coupons and wanted to make them more accessible to customers in order to get into a previously untapped market, impulse buyers. The patent teaches a mechanism to improve the efficiency of coupon distribution via mobile communication devices and broadcast media.
The plaintiff stated that the technology used within the Walgreens mobile app infringes on their patent by importing, making, using, offering for sale, or selling products and devices that embody the patented inventions, including, one or more of the patented systems and methods.
The suit also stated that the defendant was aware of their patent infringements via a notice from the plaintiff, sent on March 2. Despite this fact, they allegedly continued to use the technology and even advertised it, encouraging and inducing customers, partners, and third parties to directly infringe upon the claims by advertising it and prompting app users to take advantage of it.
The plaintiff alleged that the defendant’s product does not have any tangible uses that do not infringe upon their patented technology and therefore request payment for all damages adequate to compensate for the defendants infringement of, direct or contributory, or inducement to infringe upon the plaintiffs trademarks. They also requested that the court issue an injunction enjoining and restraining the defendant, its directors, officers, agents, servants, employees, and those acting in concert with them, from further acts of infringement.
The plaintiff is represented by Budo Law.