istock-535109409-wolterk
16 August 2018Patents

Papa John’s wrapped up in patent infringement claim

Papa John’s International and its subsidiary Star Papa have been sued over the US-based pizza franchise’s mobile app.

Oklahoma-based Fall Line Patents filed its patent infringement complaint yesterday, August 15, at the US District Court for the Eastern District of Texas.

Fall Line Patents is the owner of US patent number 9,454,748, called “System and method for data management”.

According to the complaint, the patent “teaches methods for managing and collecting data from a remote computing device” by gathering location-specific information on different hardware and software platforms on one device.

Fall Line Patents alleged that Papa John’s has infringed claims of the ‘748 patent by developing and distributing a mobile app. Papa John’s mobile app, which allows customers to order food and access offers, uses a variety of remote computing devices that gather and transmit location-specific information, said the claim.

For example, Papa John’s mobile app includes a questionnaire consisting of a series of questions that are customised to a location.

In addition, Fall Line Patents claimed that Papa John’s has caused its customers to directly infringe the patent by using the mobile app.

“Such steps by defendant included, among other things, advising or directing customers and end-users to use the accused products in an infringing manner; advertising and promoting the use of the accused products in an infringing manner; and/or distributing instructions that guide users to use the accused products in an infringing manner,” said the claim.

Fall Line Patents is seeking an injunction against Papa John’s. The company also alleged that the infringement is wilful and is seeking damages.

There are more than 3,400 Papa John's stores in the US and Canada.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories like this sent straight to your inbox.

Today's top stories

Saudi Arabia involved in piracy dispute, claims Qatar’s BeIN

Party company fails to collect ‘Monopoly’ TM from Hasbro

CPA acquires Filing Analytics and Citation Eagle

PTAB chief to take up advisory role at USPTO

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Patents
16 January 2017   Internet-based solutions provider Ameranth has obtained an order lifting the stay of more than 30 patent infringement cases, including claims against Apple and Pizza Hut.
Trademarks
27 April 2018   Just Eat, an online food delivery service, succeeded in its opposition against a ‘Just Pizza & Pasta’ trademark earlier this week.