Kroy IP Holdings, LLC has filed its first litigation in four years, asserting a patent that emerged from reexamination proceedings with a February 2015 certificate confirming the patentability of certain claims as amended and approving 100 additional claims. The new complaint accuses Groupon (1:17-cv-01405) of infringement through provision of “website portals and applications”, including www.groupon.com, Groupon Stores, Merchant Center, Deal Builder, and Groupon Now!, as well as the company’s mobile applications Groupon app and Groupon Merchant. This litigation campaign began in June 2011 and has seen a patent related to the one now in suit invalidated on multiple bases in the Eastern District of Texas.
Kroy IP Holdings filed suit against Kroger alleging that the defendant’s incentive program that enables shoppers to redeem accumulated points for automated award fulfillment infringes a patent related to a network-based system incentive program (7,054,830). Since June 2011, Kroy has filed two prior suits asserting the ’830 patent, including a suit in Dec. 2012 against Safeway, and an additional suit in 2011 against co-defendants ACI Worldwide, Capita, Frosch, Performance Systems Group, LW Acquisitions, and Loyaltyworks. Performance Systems Group filed a declaratory judgment action against the NPE in July 2011. The patent-in-suit was assigned to Kroy by the inventor in April 2011. 2/18, Eastern District of Texas, 2:13cv00141.
Access to the full article is currently available to RPX members only. Please contact us if you need further information.