This case was last updated from U.S. District Courts on 02/19/2023 at 08:14:07 (UTC).

R2 Solutions LLC v. 7-Eleven Inc

Case Summary

On December 21, 2022, R2 Solutions LLC (“Plaintiff”), represented by Brent N. Bumgardner, Carder W. Brooks, Christopher Granaghan, Edward R. Nelson III, and John P. Murphy of Nelson Bumgardner Conroy PC, filed an intellectual property lawsuit against 7-Eleven, Inc. (“Defendant”), seeking damages for alleged infringement of U.S. Patents owned by the plaintiff. This case was filed in the U.S. District Court for the Northern District of Texas, with Judge Sidney A. Fitzwater presiding.

The plaintiff filed this complaint for alleged infringement of U.S. Patent Nos. 8,341,157 (“the ’157 patent”), 7,698,329 (“the ’329 patent”), 8,209,317 (“the ’317 patent”), 9,805,097 (“the ’097 patent”), and 10,176,272 (“the ’272 patent”) (collectively, “Patents-in-Suit”) owned by the plaintiff.

In the complaint, the plaintiff alleged that “R2 is the owner of the ’157 patent with all substantial rights to the ’157 patent, including the exclusive right to enforce, sue, and recover damages for past and future infringements. [...] The ’157 patent is valid and enforceable and was duly issued in full compliance with Title 35 of the United States Code.”

Plaintiff then alleged, “7-Eleven has directly infringed and continues to directly infringe one or more claims of the ’157 patent in this District and elsewhere in Texas and the United States.”

The plaintiff further alleged, “To this end, 7-Eleven has infringed and continues to infringe, either by itself or via an agent, at least claims 1-5 and 7-10 of the ’157 patent by, among other things, making, offering to sell, selling, testing and/or using the Accused Instrumentalities.”

Plaintiff also alleged, “In addition and/or in the alternative to its direct infringement, 7-Eleven has indirectly infringed and continues to indirectly infringe one or more claims of the ’157 patent by inducing direct infringement by its customers and end users. [...] 7-Eleven has had knowledge of the ’157 patent at least since being served with this Complaint.”

The plaintiff further alleged, “Despite having knowledge (or being willfully blind to the fact) that use of the Accused Instrumentalities infringes the ’157 patent, 7-Eleven has specifically intended, and continues to specifically intend, for persons (such as 7-Eleven’s customers and end users) to access, exercise control over, benefit from, use, and/or otherwise interact with the Accused Instrumentalities in ways that infringe the ’157 patent, including at least claim 2.”

Plaintiff then alleged that “R2 has been damaged as a result of 7-Eleven’s infringing conduct described in this Count. 7-Eleven is, thus, liable to R2 in an amount that adequately compensates it for 7- Eleven’s infringements.”

Similar allegations have been alleged by the plaintiff in regard to the other Patents-in-Suit.

Plaintiff presented five claims for relief, each for the alleged infringement of the Patents-in-Suit.

In the prayer for relief, the plaintiff requested an award for damages including past damages, future damages, supplementary damages, reasonable ongoing royalty, and costs.

This is a summary of a legal complaint. All statements, claims, and allegations listed herein reflect the position of the plaintiff only and do not represent the position of UniCourt. Additionally, this case summary may not reflect the current position of the parties to this litigation or the current status of this case. To view the latest case updates and court documents, please sign up for a UniCourt account.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:22-CV-02868

  • Filing Date:

    12/21/2022

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Karen Gren Scholer

 

Party Details

Counter Defendant and Plaintiff

R2 Solutions LLC

Defendant and Counter Claimant

7-Eleven Inc

Attorney/Law Firm Details

Counter Defendant and Plaintiff Attorneys

Brent N Bumgardner

Edward R Nelson, III

Carder Wright Brooks

Christopher Granaghan

John Paul Murphy

Defendant and Counter Claimant Attorneys

Nan Lan

Neil J McNabnay

David B Conrad

 

Court Documents

#13

(#13) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 7-Eleven Inc. (Clerk QC note: Affiliate entry indicated). (McNabnay, Neil) (Entered: 02/17/2023)

#12

(#12) ANSWER to #1 Complaint,,,,, with Jury Demand filed by 7-Eleven Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against R2 Solutions LLC filed by 7-Eleven Inc (McNabnay, Neil) (Entered: 02/17/2023)

11 #3

Proposed Order

11 #2

Exhibit(s) B

11 #1

Exhibit(s) A

#11

(#11) Motion to Dismiss for Failure to State a Claim filed by 7-Eleven Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (McNabnay, Neil) (Entered: 02/17/2023)

1 #11

Exhibit(s) 10

1 #10

Exhibit(s) 9

1 #9

Exhibit(s) 8

1 #8

Exhibit(s) 7

1 #7

Exhibit(s) 6

1 #6

Exhibit(s) 5

1 #5

Exhibit(s) 4

1 #4

Exhibit(s) 3

1 #3

Exhibit(s) 2

1 #2

Exhibit(s) 1

1 #1

Cover Sheet

1 #1

Main Document

14 More Documents Available
View All Documents

 

Docket Entries

  • 02/17/2023
  • View Court Documents

  • Docket(#13) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by 7-Eleven Inc. (Clerk QC note: Affiliate entry indicated). (McNabnay, Neil) (Entered: 02/17/2023)

    [+] Read More [-] Read Less
  • 02/17/2023
  • View Court Documents

  • Docket(#12) ANSWER to #1 Complaint,,,,, with Jury Demand filed by 7-Eleven Inc. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge., COUNTERCLAIM against R2 Solutions LLC filed by 7-Eleven Inc (McNabnay, Neil) (Entered: 02/17/2023)

    [+] Read More [-] Read Less
  • 02/17/2023
  • View Court Documents

  • Docket(#11) Motion to Dismiss for Failure to State a Claim filed by 7-Eleven Inc (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order) (McNabnay, Neil) (Entered: 02/17/2023)

    [+] Read More [-] Read Less
  • 01/12/2023
  • View Court Documents

  • Docket(#10) ELECTRONIC ORDER: IT IS ORDERED that #9 Defendant 7-Eleven, Inc.'s Unopposed Motion for Extension of Time to Answer Complaint, to and including February 18, 2023, is GRANTED. (Ordered by Judge Karen Gren Scholer on 1/12/2023) (chmb) (Entered: 01/12/2023)

    [+] Read More [-] Read Less
  • 01/11/2023
  • View Court Documents

  • Docket(#9) Unopposed Motion for Extension of Time to File Answer filed by 7-Eleven Inc (Attachments: #1 Proposed Order)Attorney Neil J McNabnay added to party 7-Eleven Inc(pty:dft) (McNabnay, Neil) (Entered: 01/11/2023)

    [+] Read More [-] Read Less
  • 01/04/2023
  • View Court Documents

  • Docket(#8) SUMMONS Returned Executed as to 7-Eleven Inc ; served on 12/29/2022. (Nelson, Edward) (Entered: 01/04/2023)

    [+] Read More [-] Read Less
  • 01/03/2023

  • Docket(#7) ELECTRONIC ORDER REASSIGNING CASE. Case reassigned to Judge Karen Gren Scholer for all further proceedings. Judge Ed Kinkeade no longer assigned to case. (Ordered by Judge Ed Kinkeade on 1/3/2023) (chmb) (Entered: 01/03/2023)

    [+] Read More [-] Read Less
  • 12/22/2022
  • View Court Documents

  • Docket(#6) Summons Issued as to 7-Eleven Inc. (mms) (Entered: 12/22/2022)

    [+] Read More [-] Read Less
  • 12/22/2022
  • View Court Documents

  • Docket(#5) Report to Patent/Trademark Office of Initiating Document. Form AO 120 e-mailed to notice_of_suit@uspto.gov. (mms) (Main Document 5 replaced on 12/22/2022) (mms). (Entered: 12/22/2022)

    [+] Read More [-] Read Less
  • 12/21/2022
  • View Court Documents

  • Docket(#4) New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (mms) (Entered: 12/22/2022)

    [+] Read More [-] Read Less
  • 12/21/2022

  • DocketJudge Ed Kinkeade added. Senior Judge Sidney A Fitzwater no longer assigned to case per Special Order 3-340. (axm) (Entered: 12/22/2022)

    [+] Read More [-] Read Less
  • 12/21/2022
  • View Court Documents

  • Docket(#3) CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by R2 Solutions LLC. (Clerk QC note: Affiliate entry indicated). (Nelson, Edward) (Entered: 12/21/2022)

    [+] Read More [-] Read Less
  • 12/21/2022
  • View Court Documents

  • Docket(#2) NOTICE of Report on the Filing or Determination of an Action Regarding a Patent or Trademark (AO 120) filed by R2 Solutions LLC (Nelson, Edward) (Entered: 12/21/2022)

    [+] Read More [-] Read Less
  • 12/21/2022
  • View Court Documents

  • Docket(#1) COMPLAINT WITH JURY DEMAND against 7-Eleven Inc filed by R2 Solutions LLC. (Filing fee $402; Receipt number ATXNDC-13392079) Clerk to issue summons(es). In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Attachments: #1 Cover Sheet, #2 Exhibit(s) 1, #3 Exhibit(s) 2, #4 Exhibit(s) 3, #5 Exhibit(s) 4, #6 Exhibit(s) 5, #7 Exhibit(s) 6, #8 Exhibit(s) 7, #9 Exhibit(s) 8, #10 Exhibit(s) 9, #11 Exhibit(s) 10) (Nelson, Edward) Modified text on 12/22/2022 (mms). (Entered: 12/21/2022)

    [+] Read More [-] Read Less

Why is this public record being published online?

UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. By continuing to use this website, you agree to UniCourt’s General Disclaimer, Terms of Service, Cancellation and Refund Policy, Privacy Policy, and Public Records Policy. If you do not agree with these terms, then do not use our website and/or services.