This case was last updated from PACER on 08/27/2021 at 08:55:43 (UTC).

Grecia Estate Holidngs LLC v. Starbucks Corporation

Case Summary

On June 28, 2021, Grecia Estate Holdings LLC (“Grecia” or “Plaintiff”), represented by Henry A. Ohanian of OhanianIP, filed an intellectual property lawsuit against Starbucks Corporation (“Starbucks” or “Defendant”), seeking declaratory and injunctive relief, along with pre-judgment and post-judgment interest, and a reasonable royalty, for the alleged infringement of patent-in-suit, related to the field of access rights management schemes used by creators of electronic products to protect commercial intellectual property copyrights privy to illegal copying using computerized devices. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D Albright presiding. 

 

The Plaintiff filed this complaint for the Defendant’s alleged direct infringement of U.S. Patent No. 8,402,555, titled “Personalized digital media access system (PDMAS)” (the ’555 Patent or the ‘Patent-in-suit’).

 

In its complaint, the Plaintiff alleged that, “Defendant makes, uses, offers for sale and sells in the U.S. products, systems, and/or services that infringe the Patent-in-Suit, specifically, the Starbucks App for iOS and Android (collectively, the “Accused Product” or “Accused Instrumentality”).”

 

The Plaintiff further alleged that, “Without a license or permission from Plaintiff, Defendant has infringed and continues to directly infringe Claim 16 of the ’555 Patent by making, using, offering for sale, or selling products, systems, and/or services that embody the patented invention, in violation of 35 U.S.C. § 271.”

 

The Plaintiff also alleged that, “Defendant has been and now is directly infringing by, among other things, practicing all of the steps of Claim 16 of the ’555 Patent, for example, internal testing, quality assurance, research and development, and troubleshooting. See Joy Techs., Inc. v. Flakt, Inc., 6 F.3d 770, 775 (Fed. Cir. 1993); see also 35 U.S.C. § 271 (2006).”

 

The Plaintiff even further alleged that, “By way of example, Defendant has infringed and continues to infringe Claim 16 of the ’555 Patent. Attached hereto as Exhibit B is an exemplary claim chart detailing representative infringement of Claim 16 of the ’555 Patent and Starbucks known “junior” priority date evidence. The inventor of the ’555 patent filed under the UPSTO First-to-Invent regime and reduced the invention to practice before Starbucks Corporation, see Exhibit C.”

 

The only claim for relief laid down by the Plaintiff is for the alleged infringement of ’555 Patent, wherein the Plaintiff claimed that, Defendant, directly and/or through intermediaries, ships, distributes, uses, offers for sale, sells, and/or advertises products and services in the United States, the State of Texas, and the Western District of Texas including but not limited to the products which contain the infringing ’555 patent systems and methods as described in the complaint.

 

In its prayer for relief, the Plaintiff requested the Court to enter a judgment that Starbucks Corporation has directly infringed Claim 16 of the ’555 patent; for a reasonable royalty; for pre-judgment interest and post-judgment interest at the maximum rate allowed by law; for injunctive relief, including a preliminary injunction; and for such other and further relief as the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-00679

  • Filing Date:

    06/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Grecia Estate Holidngs LLC

Defendant

Starbucks Corporation

Attorney/Law Firm Details

Plaintiff Attorney

Henry Artoush Ohanian

Attorney at OhanianIP

604 West 13Th Street

Austin, TX 78701

 

Court Documents

5 #1

Proposed Order

#5

(#5) Agreed MOTION for Extension of Time to File Answer by Grecia Estate Holidngs LLC. (Attachments: #1 Proposed Order)(Ohanian, Henry) (Entered: 07/09/2021)

#4

(#4) Summons Issued as to Starbucks Corporation. (lad) (Entered: 06/28/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ohanian, Henry) (Main Document 3 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by Grecia Estate Holidngs LLC. (Ohanian, Henry) (Main Document 2 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

1 #4

Exhibit C - Affidavit of Duncan Hall

1 #3

Exhibit B - Claim Chart

1 #2

Exhibit A - US Pat. No. 8,402,555

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14959593), filed by Grecia Estate Holidngs LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - US Pat. No. 8,402,555, #3 Exhibit B - Claim Chart, #4 Exhibit C - Affidavit of Duncan Hall)(Ohanian, Henry) (Attachment 1 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

 

Docket Entries

  • 07/12/2021
  • DocketReset Deadlines: Starbucks Corporation answer due 9/6/2021. (ls) (Entered: 07/12/2021)

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  • 07/12/2021
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  • DocketText Order GRANTING #5 Motion for Extension of Time to Answer entered by Judge Alan D Albright. Before the Court is the parties Agreed Motion for Extension of Time to Answer. After careful consideration, the Court finds that the Motion should be and hereby is GRANTED. It is, therefore, ORDERED that the Agreed Motion for Extension of Time to Answer is hereby GRANTED and the date for response is now September 6, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ep4) (Entered: 07/12/2021)

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  • 07/09/2021
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  • Docket(#5) Agreed MOTION for Extension of Time to File Answer by Grecia Estate Holidngs LLC. (Attachments: #1 Proposed Order)(Ohanian, Henry) (Entered: 07/09/2021)

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  • 06/28/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#4) Summons Issued as to Starbucks Corporation. (lad) (Entered: 06/28/2021)

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  • 06/28/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ohanian, Henry) (Main Document 3 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

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  • 06/28/2021
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  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Grecia Estate Holidngs LLC. (Ohanian, Henry) (Main Document 2 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

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  • 06/28/2021
  • View Court Documents
  • Docket(#1) COMPLAINT FOR PATENT INFRINGEMENT ( Filing fee $ 402 receipt number 0542-14959593), filed by Grecia Estate Holidngs LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - US Pat. No. 8,402,555, #3 Exhibit B - Claim Chart, #4 Exhibit C - Affidavit of Duncan Hall)(Ohanian, Henry) (Attachment 1 replaced on 6/28/2021) (lad). (Entered: 06/28/2021)

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