According to a new Eastern District of Texas complaint, Five Below (2:21-cv-00234), billed as “value retailer offering trend-right, high-quality products loved by tweens, teens and beyond”, allows such customers to purchase items through a mobile app via Google Pay. It is thus the latest defendant in the litigation campaign of Jabaa, LLC, which holds and asserts a single patent generally related to using biometrics (e.g., fingerprints, facial recognition, etc.) to authenticate a transaction. Earlier 2021 cases, filed separately against Foot Locker and Caleres, but both also in East Texas, have been dismissed with prejudice, before an answer (or other response) to each complaint was filed.
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