Law Street Media

Chick-fil-A Sued for Mobile App

A man recieves a food delivery order in a brown paper bag.

Bicycle delivery commuter with road bicycle delivering package to customer

S3G Technology LLC filed a complaint against Chick-fil-A for patent infringement concerning technology underlying the restaurant’s mobile phone application, which allows customers to place orders remotely.

The patents-in-suit are U.S. Patent Nos. 9,081,897 (the “’897 patent”), 9,940,124 (the “’124 patent”), and the 10,261,774 (the “’774 patent”). Each of the patents are titled “Modification of Terminal and Service Provider Machines Using an Update Server Machine.” These patents “improv[e] the way computers operate” by “claim[ing] a specific computerized system able to provide efficient modification of a specific type of software applications that are distributed across a network of remote devices.”

Among other allegations, S3G claims that Chick-fil-A infringes on at least claim 1 of the ’897 patent because it “provides a system for modifying one or more terminal machines and one or more service provider machines.” For example, Chick-fil-A’s allegedly infringing system “includes one or more update server machines (e.g., a smart phone or other computing device accessing the Accused system, e.g., accessing the Defendant website) comprising a processor and operable for sending a terminal dialogue module (e.g., terminal machine portion of a favorite restaurant or order) to a respective terminal machine (e.g., an Android smart phone or other Android computing device running the Defendant app) and a provider dialogue module (e.g., service provider machine portion of a favorite order) to a respective service provider machine (e.g., Defendant server) to allow the terminal machine and the service provider machine to conduct a dialogue sequence (e.g., series of prompts and corresponding user data entries) with each other.” A consumer can use his smartphone to access Chick-fil-A information, such as a menu, which he can then use to interact with and place an online order through a variety of prompts sent to and from the defendant’s server via the accused system, which is then finally sent to Chick-fil-A’s servers. S3G alleges that these similarities constitute infringement.

S3G has sought an order that the patents-in-suit are valid and enforceable, an order that Chick-fil-A infringed on these patents, a preliminary and permanent injunction, an award for damages, an order granting pre- and post- judgment interest , an award for costs and fees and other relief as determined by the court.

The suit was filed in the Eastern District of Texas. S3G Technology is represented by Parker Bunt & Ainsworth.

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