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This case was last updated from PACER on 06/28/2021 at 09:59:37 (UTC).

TIARE TECHNOLOGY, INC. v. CHICK-FIL-A, INC.

Case Summary

On April 29, 2021, Tiare Technology, Inc. (“Tiare” or “Plaintiff”), represented by Christian J. Hurt and William Ellsworth Davis, III of The Davis Firm, PC-Longview, filed an intellectual property lawsuit against Chick-fil-A, Inc. (“Chick-fil-A” or “Defendant”), seeking declaratory and injunctive relief, along with damages, among other relief, for allegedly infringing the U.S. Patent Number 8,682,729 (the “’729 Patent”), entitled  “Patron Service System and Method,” and 10,157,414 (the “’414 Patent”), entitled “Patron Service System and Method,” (collectively, the “Asserted Patents” or the “Tiare Patents”), owned by the Plaintiff. This case was filed in the U.S. District Court for the Eastern District of Texas with Judge Rodney Gilstrap presiding. 

 

In its complaint, the Plaintiff alleged that “Chick-fil-A offers a mobile-ordering solution. Chick-fil-A has directly infringed and continues to infringe at least claim 1 of the ’729 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and without Tiare’s authority, making, using, selling, or offering to sell the Accused Products in the United States, or importing the Accused Products into the United States.”  

 

The Plaintiff further alleged that “Chick-fil-A has directly infringed and continues to infringe at least claim 8 of the ’414 Patent in violation of 35 U.S.C. § 271(a) by, directly or through intermediaries and without Tiare's authority, making, using, selling, or offering to sell the Accused Products in the United States, or importing the Accused Products into the United States.”

 

The Plaintiff also alleged that “Defendant has been actively inducing infringement of at least claim 1 of the ’729 Patent in violation of 35 U.S.C. § 271(b). Users of the Accused Products directly infringed at least claim 1 of the ’729 Patent when they used the Accused Products 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 the Accused Products within the United States in the ordinary, customary, and intended way by, directly or through intermediaries, supplying the Accused Products to consumers within the United States and instructing and encouraging such consumers (for example, via distributing the Accused Products to mobile phones through app stores and instructing users to use the Accused Products) how to use the Accused Products in the ordinary, customary, and intended way, which Defendant knows or should know infringes at least claim 1 of the ’729 Patent.”



The Plaintiff lists out two claims for relief. The first claim is for the alleged infringement of ’729 Patent, and the second claim is for the alleged infringement of ’414 Patent. 

 

In its prayer for relief, the Plaintiff requested the court to pass a judgment in favor of Tiare that Defendant has infringed each Asserted Patent, and that such infringement is willful; order Defendant to pay Tiare its damages, costs, expenses, and pre-judgment and post-judgment interest for Defendant’s infringement of each Asserted Patent including supplemental damages with an accounting as needed; order Defendant to pay Tiare enhanced damages for willful infringement Plaintiff further requested the court to pass an order enjoining Defendant from infringing upon the Asserted Patents; and an order granting Plaintiff costs of litigation with pre-judgment and post-judgment interest thereon. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-00149

  • Filing Date:

    04/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    Texas Eastern District

Judge Details

Presiding Judge

Rodney Gilstrap

Referral Judge

Roy S. Payne

 

Party Details

Plaintiff

TIARE TECHNOLOGY, INC.

Defendant

CHICK-FIL-A, 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

Christian J Hurt

Attorney at The Davis Firm, PC - Longview

213 North Fredonia Street, Suite 230

Longview, TX 75601

Defendant Attorney

Emily Chambers Welch

Attorney at Alston & Bird LLP - Atlanta

One Atlantic Center, 1201 West Peachtree Street Nw #4900

Atlanta, GA 30309-3424

 

Court Documents

#7

(#7) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re CHICK-FIL-A, INC..( Welch, Emily) (Entered: 06/04/2021)

#6

(#6) SUMMONS Returned Executed by TIARE TECHNOLOGY, INC.. CHICK-FIL-A, INC. served on 5/24/2021, answer due 6/14/2021. (Davis, William) (Entered: 05/27/2021)

#5

(#5) SUMMONS Issued as to CHICK-FIL-A, INC.. (ch, ) (Entered: 05/21/2021)

#4

(#4) 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: 04/30/2021)

#3

(#3) CORPORATE DISCLOSURE STATEMENT filed by TIARE TECHNOLOGY, INC. (Davis, William) (Entered: 04/29/2021)

#2

(#2) NOTICE of Attorney Appearance by Christian J Hurt on behalf of TIARE TECHNOLOGY, INC. (Hurt, Christian) (Entered: 04/29/2021)

1 #3

Civil Cover Sheet

1 #2

Exhibit 2 - '414 Patent

1 #1

Exhibit 1 - ''729 Patent

#1

(#1) COMPLAINT against CHICK-FIL-A, INC. ( Filing fee $ 402 receipt number 0540-8388176.), filed by TIARE TECHNOLOGY, INC.. (Attachments: #1 Exhibit 1 - ''729 Patent, #2 Exhibit 2 - '414 Patent, #3 Civil Cover Sheet)(Davis, William) (Entered: 04/29/2021)

 

Docket Entries

  • 06/09/2021
  • DocketCASE REFERRED to Magistrate Judge Roy S. Payne. (ch, ) (Entered: 06/09/2021)

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  • 06/04/2021
  • DocketDefendant's Unopposed FIRST Application for Extension of Time to Answer Complaint is granted pursuant to Local Rule CV-12 for CHICK-FIL-A, INC. to 7/14/2021. 30 Days Granted for Deadline Extension.( ch, ) (Entered: 06/04/2021)

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  • 06/04/2021
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  • Docket(#7) Defendant's Unopposed First Application for Extension of Time to Answer Complaint re CHICK-FIL-A, INC..( Welch, Emily) (Entered: 06/04/2021)

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  • 05/27/2021
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  • Docket(#6) SUMMONS Returned Executed by TIARE TECHNOLOGY, INC.. CHICK-FIL-A, INC. served on 5/24/2021, answer due 6/14/2021. (Davis, William) (Entered: 05/27/2021)

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  • 05/21/2021
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  • Docket(#5) SUMMONS Issued as to CHICK-FIL-A, INC.. (ch, ) (Entered: 05/21/2021)

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  • 04/30/2021
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  • Docket(#4) 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: 04/30/2021)

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  • 04/29/2021
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  • Docket(#3) CORPORATE DISCLOSURE STATEMENT filed by TIARE TECHNOLOGY, INC. (Davis, William) (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#2) NOTICE of Attorney Appearance by Christian J Hurt on behalf of TIARE TECHNOLOGY, INC. (Hurt, Christian) (Entered: 04/29/2021)

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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. (ch, ) (Entered: 04/29/2021)

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  • 04/29/2021
  • DocketCase assigned to District Judge Rodney Gilstrap. (ch, ) (Entered: 04/29/2021)

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  • 04/29/2021
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  • Docket(#1) COMPLAINT against CHICK-FIL-A, INC. ( Filing fee $ 402 receipt number 0540-8388176.), filed by TIARE TECHNOLOGY, INC.. (Attachments: #1 Exhibit 1 - ''729 Patent, #2 Exhibit 2 - '414 Patent, #3 Civil Cover Sheet)(Davis, William) (Entered: 04/29/2021)

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