This case was last updated from PACER on 06/06/2021 at 09:12:07 (UTC).

MOBILE EQUITY CORP. v. WALMART INC.

Case Summary

On April 7, 2021, Mobile Equity Corp. (“MEC” or “Plaintiff”), represented by William Ellsworth Davis, III of The Davis Firm, PC filed an intellectual property lawsuit against Walmart Inc. (“Walmart” or “Defendant”) seeking injunctive relief and damages among other reliefs for  alleged infringement of technology relating to Mobile Payment Station System and Method owned by Plaintiff. This case was filed in the U.S. District Court for the Eastern District of Texas with Judges Roy S. Payne and Rodney Gilstrap presiding. 

 

In their complaint, the Plaintiff alleged that “This cause of action asserts infringement of United States Patent Nos. 8,589,236 (the “’236 Patent”) and 10,535,058 (the “’058 Patent”) (collectively, the “Asserted Patents” or the “MEC Patents”).”

 

The Plaintiff further alleged that “The MEC Patents thus ensure that confidential information is not accessed by, routed through, or stored in the point-of-sale terminal. The only data exposed at the point-of-sale terminal is, essentially, information that can be publicly known (e.g., the identity of the terminal/merchant and the amount to be paid). The customer’s account information is not exposed at the terminal and is instead, for example, kept securely with the customer’s account. This technological change improves the security of sensitive customer data, such as credit card information. This improvement has tangible benefits, such as by reducing fraud costs and improving customer privacy.”

 

The Plaintiff even further alleged that “Walmart has directly infringed and continues to infringe at least claim 1 of the ’236 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and without MEC’s authority, making, using, selling, and/or offering to sell Walmart Pay in the United States, or importing Walmart Pay into the United States.” Furthermore, “Walmart has been actively inducing infringement of at least claim 1 of the ’236 Patent in violation of 35 U.S.C. § 271(b). Users of Walmart Pay directly infringed at least claim 1 of the ’236 Patent when they used Walmart Pay in the ordinary, customary, and intended way. Defendant’s inducements included, without limitation and with specific intent to encourage the infringement, knowingly inducing consumers to use Walmart Pay within the United States in the ordinary, customary, and intended way by, directly or through intermediaries, supplying Walmart Pay to consumers within the United States and instructing and encouraging such consumers (for example, via distributing Walmart Pay to mobile phones through app stores and instructing users to use Walmart Pay) how to use Walmart Pay in the ordinary, customary, and intended way, which Defendant knows or should know infringes at least claim 1 of the ’236 Patent.”



There are two claims for relief laid down by the Plaintiff. The first claim is for the alleged infringement of the ’236 Patent, and the second claim is for the alleged infringement of the ’058 Patent.

 

In its prayer for relief, the Plaintiff has requested the court to grant judgement that Defendant has infringed the asserted patents, grant permanent injunction against Defendant, award damages, costs, expenses, and prejudgment and post-judgment interest. Plaintiff further requested the court to grant enhanced damages and grant costs of litigation. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00126

  • Filing Date:

    04/07/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Referral Judge

Roy S. Payne

Presiding Judge

Rodney Gilstrap

 

Party Details

Plaintiff

MOBILE EQUITY CORP.

Defendant

WALMART INC.

Attorney/Law Firm Details

Plaintiff Attorneys

William Ellsworth Davis, III

Attorney at The Davis Firm, PC - Longview

213 North Fredonia Street, Suite 230

Longview, TX 75601

Rudolph Fink, IV

Attorney at Davis Firm, P.C.

213 N. Fredonia Street, Suite 230

Longview, TX 75601

Christian J Hurt

Attorney at The Davis Firm, PC - Longview

213 North Fredonia Street, Suite 230

Longview, TX 75601

Defendant Attorneys

Kathryn Riley Grasso

Attorney at DLA Piper LLP (US) - Washington

500 Eighth Street, Nw

Washington, DC 20004

Christian Foster Chessman

Attorney at DLA Piper LLP (US) - CA

2000 University Avenue

East Palo Alto, CA 94303-2214

Eric Hugh Findlay

Attorney at Findlay Craft PC

102 N College Avenue, Suite 900

Tyler, TX 75702

 

Court Documents

#12

(#12) NOTICE of Attorney Appearance by Kathryn Riley Grasso on behalf of WALMART INC. (Grasso, Kathryn) (Entered: 05/27/2021)

#11

(#11) NOTICE of Attorney Appearance - Pro Hac Vice by Kathryn Riley Grasso on behalf of WALMART INC.. Filing fee $ 100, receipt number 0540-8431824. (Grasso, Kathryn) (Entered: 05/27/2021)

#10

(#10) NOTICE of Attorney Appearance by Christian Foster Chessman on behalf of WALMART INC. (Chessman, Christian) (Entered: 05/27/2021)

#9

(#9) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re WALMART INC. (Findlay, Eric) (Entered: 05/26/2021)

#8

(#8) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re MOBILE EQUITY CORP..( Davis, William) (Entered: 04/22/2021)

#7

(#7) SUMMONS Returned Executed by MOBILE EQUITY CORP.. WALMART INC. served on 4/9/2021, answer due 4/30/2021. (Davis, William) (Entered: 04/21/2021)

#6

(#6) CORPORATE DISCLOSURE STATEMENT filed by MOBILE EQUITY CORP. (Davis, William) (Entered: 04/08/2021)

#5

(#5) NOTICE of Attorney Appearance by Rudolph Fink, IV on behalf of MOBILE EQUITY CORP. (Fink, Rudolph) (Entered: 04/08/2021)

#4

(#4) NOTICE of Attorney Appearance by Christian J Hurt on behalf of MOBILE EQUITY CORP. (Hurt, Christian) (Entered: 04/08/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Davis, William) (Entered: 04/08/2021)

#2

(#2) SUMMONS Issued as to WALMART INC.. (ch, ) (Entered: 04/08/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit 2

1 #1

Exhibit 1

#1

(#1) COMPLAINT against WALMART INC. ( Filing fee $ 402 receipt number 0540-8344247.), filed by MOBILE EQUITY CORP.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Davis, William) (Entered: 04/07/2021)

4 More Documents Available
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Docket Entries

  • 05/27/2021
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  • Docket(#12) NOTICE of Attorney Appearance by Kathryn Riley Grasso on behalf of WALMART INC. (Grasso, Kathryn) (Entered: 05/27/2021)

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  • 05/27/2021
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  • Docket(#11) NOTICE of Attorney Appearance - Pro Hac Vice by Kathryn Riley Grasso on behalf of WALMART INC.. Filing fee $ 100, receipt number 0540-8431824. (Grasso, Kathryn) (Entered: 05/27/2021)

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  • 05/27/2021
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  • Docket(#10) NOTICE of Attorney Appearance by Christian Foster Chessman on behalf of WALMART INC. (Chessman, Christian) (Entered: 05/27/2021)

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  • 05/26/2021
  • DocketDefendant's Unopposed Second Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for WALMART INC. to 6/16/2021. 15 Days Granted for Deadline Extension.( nkl, ) (Entered: 05/26/2021)

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  • 05/26/2021
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  • Docket(#9) Defendant's Unopposed Second Application for Extension of Time to Answer Complaint re WALMART INC. (Findlay, Eric) (Entered: 05/26/2021)

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  • 04/29/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (nkl, ) (Entered: 04/29/2021)

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  • 04/29/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (nkl, ) (Entered: 04/29/2021)

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  • 04/23/2021
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for WALMART INC. to 6/1/2021. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 04/23/2021)

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  • 04/22/2021
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  • Docket(#8) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re MOBILE EQUITY CORP..( Davis, William) (Entered: 04/22/2021)

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  • 04/21/2021
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  • Docket(#7) SUMMONS Returned Executed by MOBILE EQUITY CORP.. WALMART INC. served on 4/9/2021, answer due 4/30/2021. (Davis, William) (Entered: 04/21/2021)

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  • 04/08/2021
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  • Docket(#6) CORPORATE DISCLOSURE STATEMENT filed by MOBILE EQUITY CORP. (Davis, William) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Rudolph Fink, IV on behalf of MOBILE EQUITY CORP. (Fink, Rudolph) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Christian J Hurt on behalf of MOBILE EQUITY CORP. (Hurt, Christian) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Davis, William) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/08/2021
  • DocketIn accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) (Entered: 04/08/2021)

    Read MoreRead Less
  • 04/08/2021
  • DocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 04/08/2021)

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  • 04/08/2021
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  • Docket(#2) SUMMONS Issued as to WALMART INC.. (ch, ) (Entered: 04/08/2021)

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  • 04/07/2021
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  • Docket(#1) COMPLAINT against WALMART INC. ( Filing fee $ 402 receipt number 0540-8344247.), filed by MOBILE EQUITY CORP.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet)(Davis, William) (Entered: 04/07/2021)

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