On June 17, 2021, R2 Solutions (“Plaintiff”), represented by Christopher Granaghan and Edward Nelson, III of Nelson Bumgardner Albritton P.C. and Brent N. Bumgardner of Nelson Bumgardner Casto, PC, filed an intellectual property lawsuit against Expedia Group, Inc (“Defendant”), seeking damages and reasonable royalties among other reliefs for alleged infringement of various United States patents owned by Plaintiff. This case was filed in the U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
The Plaintiff filed this complaint for alleged infringement of United States Patent No. 7,698,329 (“the ’329 patent”) entitled “Method for Improving Quality of Search Results by Avoiding Indexing Sections of Pages”, United States Patent No. 8,190,610 (“the ’610 patent”) entitled “MapReduce for Distributed Database Processing” and United States Patent No. 8,341,157 (“the ’157 patent”) entitled “System and Method for Intent-Driven Search Result Presentation” (collectively, “Patents-in-suit”) owned by them.
In the complaint, the Plaintiff alleged that, “The specifications of the patents-in-suit disclose shortcomings in the prior art and then explain, in detail, the technical way the claimed inventions resolve or overcome those shortcomings. And, accordingly, the claims of the patents-in-suit are directed to patent eligible subject matter under 35 U.S.C. § 101.”
The Plaintiff also alleged that, “Expedia Group has infringed and continues to infringe, either using its own name or under the banner of its brands and business units, at least claims 1 and 4–5 of the ’329 patent by, among other things, making, offering to sell, selling, testing and/or using the Expedia.com search engine.”
The Plaintiff further alleged that “R2 Solutions has been damaged as a result of Expedia Group’s infringing conduct described in this Count. Expedia Group is, thus, liable to R2 Solutions in an amount that adequately compensates it for Expedia Group’s infringements, which, by law, cannot be less than a reasonable royalty, together with interest and costs as fixed by this Court under 35 U.S.C. § 284.”
Similar allegations have been made by the Plaintiff with reference to the alleged infringement of the other Patents-in-suit.
In addition to the above allegations, the Plaintiff also alleged with respect to ’157 patent that, “Expedia Group has knowledge of the ’157 patent at least based on the filing and service of this Complaint” and “Despite having knowledge of the ’157 patent, Expedia Group has specifically intended, and continues to specifically intend, for persons (including its customers and end users) to access the Travelocity.com website and use the Travelocity.com search engine (which is stored on one or more computer readable media) such that those persons (including customers and end users) infringe claim 2 of the ’157 patent.”
There are three claims for relief laid down by the Plaintiff, one for the alleged 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 the Patents-in-suit, award damages for past and future damages including supplementary damages arising from any continuing, post-verdict infringement including supplemental damages together with accounting as needed. Further, the Plaintiff requested the Court for an award of a compulsory ongoing royalty and costs for bringing this action. The Plaintiff also requested for attorneys’ fees under 35 U.S.C. § 285 and any other relief the Court may deem just and proper.
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6:21-CV-00628
06/17/2021
Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
R2 Solutions LLC
Expedia Group, Inc.
Brent N. Bumgardner
Christopher Granaghan
Edward Nelson, III
M. Hill Brakefield
Richard S. Zembek
Stephanie N. DeBrow
Proposed Order
Proposed Order
Proposed Order
Exhibit 7
Exhibit 6
Exhibit 5
Exhibit 4
Exhibit 3
Exhibit 2
Exhibit 1
Civil Cover Sheet
DocketText Order GRANTING #13 Motion for Extension of Time to Answer entered by Judge Alan D Albright. After considering the motion, the motion is GRANTED. Defendant will have until August 26, 2021 to answer or otherwise respond to Plaintiff's Complaint. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 08/14/2021)
[-] Read LessDocket(#15) NOTICE of Attorney Appearance by Richard S. Zembek on behalf of Expedia Group, Inc.. Attorney Richard S. Zembek added to party Expedia Group, Inc.(pty:dft) (Zembek, Richard) (Entered: 08/06/2021)
[-] Read LessDocket(#14) NOTICE of Attorney Appearance by Stephanie N. DeBrow on behalf of Expedia Group, Inc.. Attorney Stephanie N. DeBrow added to party Expedia Group, Inc.(pty:dft) (DeBrow, Stephanie) (Entered: 08/06/2021)
[-] Read LessDocket(#13) Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by Expedia Group, Inc.. (Attachments: #1 Proposed Order)(DeBrow, Stephanie) (Entered: 08/06/2021)
[-] Read LessDocketReset Deadlines: Expedia Group, Inc. answer due 8/11/2021. (jc5) (Entered: 07/28/2021)
[-] Read LessDocketText Order GRANTING #11 Motion for Extension of Time to Answer entered by Judge Alan D Albright. The parties' Agreed Motion for Extension of Time to Respond to Plaintiff's Complaint is GRANTED. The deadline for Defendant Expedia Group, Inc. to answer or otherwise respond to Plaintiff's Complaint is extended to August 11, 2021. (This is a text-only entry generated by the court. There is no document associated with this entry.) (re) (Entered: 07/28/2021)
[-] Read LessDocket(#12) NOTICE of Attorney Appearance by M. Hill Brakefield on behalf of R2 Solutions LLC (Brakefield, M.) (Entered: 07/08/2021)
[-] Read LessDocket(#11) CORRECTED MOTION for Extension of Time to File Answer re #1 Complaint, Agreed Motion for Extension of Time to Respond to Plaintiff's Complaint by R2 Solutions LLC. (Attachments: #1 Proposed Order)(Nelson, Edward) (Entered: 07/08/2021)
[-] Read LessDocket(#10) DEFICIENCY NOTICE: re #9 Joint MOTION for Extension of Time to File Answer re #1 Complaint, Joint Motion for Extension of Time to Respond to Plaintiff's Complaint (lad) (Entered: 07/07/2021)
[-] Read LessDocket(#9) Joint MOTION for Extension of Time to File Answer re #1 Complaint, Joint Motion for Extension of Time to Respond to Plaintiff's Complaint by R2 Solutions LLC. (Attachments: #1 Proposed Order)(Nelson, Edward) Terminated on refiling (lad). (Entered: 07/07/2021)
[-] Read LessDocket(#8) SUMMONS Returned Executed by R2 Solutions LLC. Expedia Group, Inc. served on 6/21/2021, answer due 7/12/2021. (Nelson, Edward) (Entered: 06/22/2021)
[-] Read LessDocketCase 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: 06/17/2021)
[-] Read LessDocket(#7) Summons Issued as to Expedia Group, Inc.. (lad) (Entered: 06/17/2021)
[-] Read LessDocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 06/17/2021)
[-] Read LessDocket(#6) NOTICE of Attorney Appearance by Christopher Granaghan on behalf of R2 Solutions LLC. Attorney Christopher Granaghan added to party R2 Solutions LLC(pty:pla) (Granaghan, Christopher) (Entered: 06/17/2021)
[-] Read LessDocket(#5) NOTICE of Attorney Appearance by Brent N. Bumgardner on behalf of R2 Solutions LLC. Attorney Brent N. Bumgardner added to party R2 Solutions LLC(pty:pla) (Bumgardner, Brent) (Entered: 06/17/2021)
[-] Read LessDocket(#4) RULE 7 DISCLOSURE STATEMENT filed by R2 Solutions LLC. (Nelson, Edward) (Entered: 06/17/2021)
[-] Read LessDocket(#3) REQUEST FOR ISSUANCE OF SUMMONS by R2 Solutions LLC. to Expedia Group, Inc. (Nelson, Edward) (Entered: 06/17/2021)
[-] Read LessDocket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Nelson, Edward) (Entered: 06/17/2021)
[-] Read LessDocket(#1) COMPLAINT For Patent Infringement ( Filing fee $ 402 receipt number 0542-14925744), filed by R2 Solutions LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7)(Nelson, Edward) (Entered: 06/17/2021)
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