GreatGigz Solutions, LLC v. Costco Wholesale Corporation

On August 4, 2021, GreatGigz Solutions, LLC (“Plaintiff”), represented by Rene A. Vazquez of Garteiser Honea, PLLC, filed an intellectual property lawsuit against Costco Wholesale Corporation (“Costco” or “Defendant”), seeking damages and declaratory relief along with ongoing post-trial royalties among other relief for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Western District of Texas. 

The Plaintiff filed this complaint for the alleged infringement of the United States Patent No. 6.662,194 (“the ’194 Patent”), United States Patent No. 7,490,086 (“the ’086 Patent”), United States Patent No. 9,760,864 (“the ’864 Patent”) and United States Patent No. 10,096,000 (“the ’000 Patent”) (collectively, “the GGS Patents” or “Asserted Patents” or “Patents-in-suit”) owned by the Plaintiff.

In the complaint, the Plaintiff  alleged that, “On information and belief, Defendant makes, sells, advertises, offers for sale, uses, or otherwise provides the Costco website (www.costco.com) and its ancillary sites, including the CostcoGrocery website (https://www.costco.com/my-life-costco-grocery-online-delivery.html) and various Mobile Applications, in the United States where customers can order groceries and other items online. Costco utilizes Instacart, via the Costco website and via Instacart’s website and Instacart’s ancillary sites (including Instacart’s various Mobile Applications) for same-day delivery of groceries and other items purchased by Costco customers.”

The Plaintiff then alleged that, “The Instacart apparatus comprises servers, hardware, software, and a collection of related and/or linked web pages and mobile applications for providing job search and/or recruitment services to individuals (including job seekers, contractors, and employers) in the United States. The Instacart system comprises an apparatus with multiple interconnected infrastructures that infringe the Asserted Patents” and “Collectively, all of the foregoing comprises the ‘Accused Instrumentalities’.”

Further the Plaintiff alleged that, “Defendant has been on actual notice of the ’194 Patent at least as early as the date it received service of this Original Complaint” and “On information and belief, Defendant owns and controls the operation of the Accused Instrumentalities and generates substantial financial revenues therefrom.” The Plaintiff also alleged that, “On information and belief, Defendant has directly infringed and continues to directly infringe at least Claim 25 of the ’194 Patent by making, using, importing, selling, and/or, offering for sale the Accused Instrumentalities.”

Similar allegations have been made by the Plaintiff with reference to the infringement of other Patents-in-suit. 

There are four claims for relief laid down by the Plaintiff, one for the infringement of each of the Patents-in-suit.

In the prayer for relief, the Plaintiff has requested the court to declare that Defendant has infringed each of the Asserted Patents; Awarding GreatGigz Solutions, LLC its damages suffered because of Defendant’s infringement of the Asserted Patents; Awarding GreatGigz Solutions, LLC its costs, attorneys’ fees, expenses, and interest; Awarding GreatGigz Solutions, LLC ongoing post-trial royalties; and any other relief the court finds appropriate. 

This case summary may not reflect the current position of the parties to this litigation or the status of this case. Sign up to view the latest case updates and court documents.