Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 1 of 34
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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF WISCONSIN
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`Innovaport LLC
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`Plaintiff,
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`v.
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`Case No. 3:23-cv-498
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`Walmart Inc.,
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`Defendant,
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` COMPLAINT
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`Plaintiff Innovaport LLC (“Innovaport”), for its complaint against defendant Walmart
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`Inc. (“Walmart”), alleges as follows:
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`Parties
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`1.
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`Plaintiff Innovaport is a Wisconsin company with its principal place of business at
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`10019 N. Miller Ct., Mequon, WI 53092. Among other things, Innovaport has developed
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`technology to assist customers with locating products with respect to particular retail locations.
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`2.
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`Defendant Walmart is a corporation with its corporate headquarters at 702 S.W.
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`8th Street, Bentonville Arkansas 72716. Walmart operates retail stores throughout the United
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`States.
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`Nature of Action
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`3.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, 35 U.S.C. § 100 et seq.
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 2 of 34
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`4.
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`Innovaport is the owner of all right, title, and interest in U.S. Patent 8,775,260
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`(“the ‘260 patent”) entitled Apparatus and method for providing product location information to
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`customers in a store, issued on July 8, 2014, a copy of which is attached as Exhibit A.
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`5.
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`Innovaport is the owner of all right, title, and interest in U.S. Patent 8,787,933
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`(“the ‘933 patent”) entitled Apparatus and method for providing product location information to
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`customers in a store, issued on July 22, 2014, a copy of which is attached as Exhibit B.
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`6.
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`Innovaport is the owner of all right, title, and interest in U.S. Patent 9,489,690
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`(“the ‘690 patent”) entitled Apparatus and method for providing product location information to
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`customers in a store, issued on November 8, 2016, a copy of which is attached as Exhibit C.
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`7.
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`Innovaport is the owner of all right, title, and interest in U.S. Patent 9,990,670
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`(“the ‘670 patent”) entitled Apparatus and method for providing product location information to
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`customers in a store, issued on June 5, 2018, a copy of which is attached as Exhibit D.
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`8.
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`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331,
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`1332(a)(1), and 1338(a).
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`9.
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`Upon information and belief, Walmart regularly conducts business in this District
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`at its retail stores in this District (e.g., at 4198 Nakoosa Trail, Madison, WI 53714), and has
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`made and/or used systems that infringe the ‘260, ‘933, ‘690, and ‘670 patents in this District.
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`Venue is proper in this district pursuant to 28 U.S.C. §§ 1391(c) and 1400(b).
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`BACKGROUND
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`10.
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`In and around 1998, John Pienkos, the named inventor of the ‘260, ‘933, ‘690,
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`and ‘670 patents, developed a new and novel method of providing product location information
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`to customers. Generally speaking, the novel method of providing product location information
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`to customers involves a user interface (e.g., a kiosk, website, or mobile phone application) which
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 3 of 34
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`informs customers where a specified product is located in a specific store and further links the
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`specified product with other product information that a customer may be interested in.
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`11.
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`Stated another way, a customer may open Walmart’s website or mobile phone
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`application and search for a specific product within Walmart’s database of products. The search
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`query returns relevant “hits” that informs customers if the searched for product is located within
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`a specific store, as well as additional product related information. The searched for product is
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`further linked with at least one additional product that a customer may also want to buy.
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`12.
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`Innovaport owns all right and title to the ‘260, ‘933, ‘690, and ‘670 patents.
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`COUNT I – PATENT INFRINGEMENT OF THE ‘260 PATENT
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`13.
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`Upon information and belief, Walmart has been and is willfully infringing the
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`'260 patent through its mobile phone application and website. A copy of Innovaport’s letter to
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`Walmart’s outside counsel regarding its patents and a brochure describing the patents is attached
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`as Exhibit E. A copy of a LinkedIn message regarding the patents is further attached as Exhibit
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`F.
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`Exemplary claim for Walmart’s Mobile Phone Application and Website for the ‘260 patent
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`Upon information and belief, prior to the expiration of the ‘260 patent, Walmart
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`14.
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`created, tested, updated, and maintained its mobile phone application, and provided its mobile
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`phone application to customers, which constitutes direct infringement of at least claim 15 of the
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`‘260 patent, either literally or under the doctrine of equivalents. Below is an exemplary
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`comparison of claim 15 of the ‘260 patent (the fourth independent claim).
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`15.
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`Claim 15 of the ‘260 is a method of providing product location information within
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`a first store.
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`16.
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`The mobile phone application provides product location information within a
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`store.
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`17.
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`Claim 15 requires a hub that is at least indirectly in communication with a
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`plurality of user interfaces. The hub further is capable of accessing at least one database which
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`includes both product location information and additional product-related information.
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`18.
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`As shown in the image below, the mobile phone application is capable of at least
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`indirectly communicating with a hub which accesses at least one database which includes both
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`product location information and additional product-related information. Customers are able to
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`search for a product on the mobile phone application and receive relevant results. Those results
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`include the product’s location in the store and the price of the product.
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`Price
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`Product
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`19.
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`Claim 15 requires the additional product-related information include information
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`concerning a quantity of a first product within the store, information concerning a price of the
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`product, information concerning an availability or unavailability of the product within the store,
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`and information linking the product with another product in a cross-referential manner.
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`20.
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`As shown below, Walmart’s mobile phone application informs customers of the
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`price of a product, whether the product is available within a selected store, and further links the
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`product with another product (e.g., Frequently Bought Together and More Items to Consider).
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`Upon information and belief, the database that includes this information also includes
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`information regarding the quantity of a product within a store.
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`Price
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`Availability
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 7 of 34
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`21.
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`Claim 15 requires that the hub communicates at least indirectly with each of a
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`plurality of the user interfaces. The hub is capable of accessing at least one database, which
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`includes both product location information and additional product-related information. The
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`additional product-related information includes information concerning a quantity of a first
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`product within the store, information concerning a price of the product, information concerning
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`an availability or unavailability of the product within the store, and information linking the
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`product with another product in a cross-referential manner. The hub periodically communicates
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 8 of 34
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`with each of the user interfaces by receiving inquiry signals from the user interfaces, querying
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`the database to obtain portions of the product location information in response to the inquiry
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`signals, and providing information signals in response to the inquiry signals for receipt by the
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`user interfaces, where the information signals include portions of both the product location
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`information and the additional product-related information. The user interfaces are able to
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`provide output signals based on the information signals.
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`22.
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`The Walmart mobile phone application communicates with a hub. The
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`communication includes receiving search requests for specific products (i.e., inquiry signals from
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`a user interface). A query is sent to the database to obtain product location information in
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`response to the search. Information regarding the product, including its price and availability in
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`the store, and its location, is provided to the customer via the mobile phone application.
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`23.
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`Claim 15 requires that at least some of the communication between the user
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`interface and the hub be wireless.
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`24.
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`The Walmart mobile phone application communicates with the hub wirelessly to
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`obtain search results, product location, and other product information (e.g., price).
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`25.
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`The Walmart mobile phone application and related system infringes claim 15 of
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`the ‘260 patent either literally or under the doctrine of equivalents.
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`26.
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`Upon information and belief, Walmart’s website functions the same as its mobile
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`phone application and also infringes at least claim 15 of the ‘260 patent either literally or under
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`the doctrine of equivalents.
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`COUNT II – PATENT INFRINGEMENT OF THE ‘933 PATENT
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`27.
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`Upon information and belief, Walmart has been and is willfully infringing the
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`'933 patent through its mobile phone application and website. A copy of Innovaport’s letter to
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 9 of 34
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`Walmart’s outside counsel regarding its patents and a brochure describing the patents is attached
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`as Exhibit E. A copy of a LinkedIn message regarding the patents is further attached as Exhibit
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`F.
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`Exemplary claim for Walmart’s Mobile Phone Application and Website for the ‘933 patent
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`Upon information and belief, prior to the expiration of the ‘933 patent, Walmart
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`28.
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`created, tested, updated, and maintained its mobile phone application, and provided its mobile
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`phone application to customers, which constitutes direct infringement of at least claim 1 of the
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`‘933 patent either literally or under the doctrine of equivalents. Below is an exemplary
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`comparison of claim 1 of the ‘933 patent (the first independent claim) with the mobile phone
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`application, demonstrating infringement.
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`29.
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`Claim 1 of the ‘933 patent is a method of providing product location information
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`within a first store. The mobile phone application provides product location information within a
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`store.
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`30.
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`Claim 1 requires a plurality of devices including a mobile device that are in
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`communication with each other. At least one of the devices includes at least one user interface.
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`At least one of the devices includes at least one information storage device.
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`31.
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`Customers download Walmart’s mobile phone application, which serves as a user
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`interface on their mobile device. The mobile phone communicates with an information storage
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`device that includes a database with information about a store’s inventory. The mobile phone and
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`information storage device, or a plurality of devices, therefore communicate with each other.
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`32.
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`Claim 1 requires the at least one information storage device includes both product
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`location information and additional product-related information that includes information
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`regarding at least one of information concerning a quantity of a first product within the store,
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`information concerning a price of the product, information concerning a presence or absence of
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`the product within the store, information concerning a time at which the product should be
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`available at the store if the product is currently absent from the store, and information linking the
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`product with another product in a cross-referential manner, and further information concerning at
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`least one past location inquiry of a customer.
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`33.
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`As shown below, Walmart’s mobile phone application informs customers of both
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`product location information and additional product-related information. The mobile phone
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`application shows the location of the product, the price of the product, the availability of the
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`product, and links the selected product with another product (e.g., Frequently Bought Together
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`and More Items to Consider). The mobile phone application also includes information
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`concerning at least one past location inquiry of a customer by “remembering” the customer’s
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`selected or local store.
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 11 of 34
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`Price
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`Product
`location
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 12 of 34
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`34.
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`Claim 1 requires a user interface to send an input signal, which is received by the
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`information storage device.
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`35. Walmart’s mobile phone application sends an input signal which is received by
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`the information storage device.
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 13 of 34
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`36.
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`Claim 1 requires querying the information storage device to obtain portions of the
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`product location information and additional product-related information in response to the input
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`signal.
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`37.
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`As shown below, upon information and belief, the search inquiry on the mobile
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`phone application queries the information storage device to obtain portions of the product
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`location information (e.g., the location of the product in the store) and additional product-related
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`information (e.g., price of the product).
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 14 of 34
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`38.
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`Claim 1 requires that a product location information signal, sent in response to the
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`input signal, to be received by a user interface. The user interface is able to provide an output
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`signal based upon the product location information signal.
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`39.
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`The Walmart mobile phone application receives a product location information
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`signal in response to its search query. After the product location information signal is received,
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`the user interface displays information about the product (e.g., the product is or is not located
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`within a specific store) based on the product location information signal.
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`40.
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`Claim 1 further requires that an output signal provide at least one suggestion to
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`the customer in accordance with one or more preferences of the customer, including location
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`information concerning a location of at least one item of interest to the customer, one or more
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`preferences being obtained at least in part based upon the further information.
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`41.
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`The Walmart mobile phone application suggests other products to the customers.
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`The product information for the suggested product also includes whether the suggested product
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`is located within a store selected by the customer (e.g., the location data of the customer or zip
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`code).
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`42. Walmart’s mobile phone application and related system infringes claim 1 of the
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`‘933 patent either literally or under the doctrine of equivalents.
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`43.
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`Upon information and belief, Walmart’s website functions the same as its mobile
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`phone application and also infringes least claim 1 of the ‘933 patent.
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`COUNT III – PATENT INFRINGEMENT OF THE ‘690 PATENT
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`44.
`
`Upon information and belief, Walmart has been and is willfully infringing the
`
`'690 patent through its mobile phone application and website. A copy of Innovaport’s letter to
`
`Walmart’s outside counsel regarding its patents and a brochure describing the patents is attached
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`Page 14 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 15 of 34
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`as Exhibit E. A copy of a LinkedIn message regarding the patents is further attached as Exhibit
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`F.
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`Exemplary claim for Walmart’s Mobile Phone Application and Website for the ‘690 patent
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`Upon information and belief, prior to the expiration of the ‘690 patent, Walmart
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`45.
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`created, tested, updated, and maintained its mobile phone application, and provided its mobile
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`phone application to customers, which constitutes direct infringement of at least claim 1 of the
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`‘690 patent either literally or under the doctrine of equivalents. Below is an exemplary
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`comparison of claim 1 of the ‘690 patent (the first independent claim) with the mobile phone
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`application, demonstrating infringement.
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`46.
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`Claim 1 of the ‘690 is a method of providing product location information within
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`a store.
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`47.
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`The mobile phone application provides product location information within a
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`store.
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`48.
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`Claim 1 requires a plurality of devices, including a mobile device. The plurality of
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`devices are in communication with each other. At least one of the devices includes a user
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`interface. At least one device includes at least one information storage device, which includes a
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`database.
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`49.
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`The Walmart mobile phone application uses a plurality of devices – a mobile
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`phone and information storage device – to provide product location information within a store to
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`customers. Customers download Walmart’s mobile phone application, which serves as a user
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`interface on their mobile device. The mobile phone communicates with an information storage
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`device that includes a database with information about a store’s inventory.
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 16 of 34
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`50.
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`Claim 1 requires that the at least one information storage device includes both
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`product location information and additional product-related information that links a product with
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`another product in a cross-referential manner.
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`51.
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`As shown below, Walmart’s mobile phone application informs customers of both
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`product location information and additional product-related information. The mobile phone
`
`application shows the location of the product in the store and links the selected product with
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`another product (e.g., Frequently Bought Together and More Items to Consider).
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`Price
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`Availability
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`Product
`location
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`Page 16 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 17 of 34
`Case: 3:23-cv-00498 Document#:1 Filed: 07/21/23 Page 17 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 18 of 34
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`52.
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`Claim 1 requires that a user interface receive a product location inquiry regarding
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`the product.
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`53. Walmart’s mobile phone application receives a product location inquiry (e.g.,
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`search for a product within a specific store).
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`54.
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`Claim 1 requires that the product location inquiry be processed at a signal
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`processing device to determine a product location inquiry signal.
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 19 of 34
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`55.
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`Once the product location inquiry is sent by the Walmart mobile phone
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`application, the signal must necessarily be processed by a signal processing device to determine
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`a product location inquiry signal (in order to ultimately receive search results on a user
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`interface).
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`56.
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`Claim 1 requires that the product location inquiry signal cause a query of the
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`information storage device to obtain portions of the product location and additional product-
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`related information.
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`57.
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`The product location inquiry signal that is sent by the Walmart mobile phone
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`application must cause a query of the information storage device to obtain portions of the
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`product location and additional product-related information because, as shown below, the search
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`inquiry on the mobile phone application results in a query of the information storage device to
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`obtain portions of the product location information (e.g., the location of a product within a store)
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`and additional product-related information (e.g., price and availability of the product) in response
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`to the search query.
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`Page 19 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 20 of 34
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`Price
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`Availability
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`Product
`location
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`58.
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`Claim 1 requires that a product location information signal be sent in response to
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`the product location inquiry signal.
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`59.
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`The Walmart mobile phone application receives a product location information
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`signal in response to its search query (i.e., product location inquiry signal). The Walmart mobile
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`phone application displays product location information (e.g., the product is or is not located
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`within a specific store) based on the product location information signal. A product location
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`information signal must therefore have been sent in response to the product location inquiry
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`signal.
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`60.
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`Claim 1 further requires that an output signal, at an output device, be provided in
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`response to the product location inquiry. The output signal includes location information
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`concerning the product and also provides at least one suggestion related to the other product.
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`61.
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`After a search query for a product located in a specific store, the Walmart mobile
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`phone application provides relevant results in response to the search. In order to provide relevant
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`results in response to the search, there must be an output signal, at an output device, that is
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`provided in response to the search query (i.e., product location inquiry). The search results
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`provide product location (e.g., where the product is located in the store). The search result further
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`provides at least one suggestion related to the other product by recommending additional
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`products (e.g., Frequently Bought Together and More Items to Consider).
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`62.
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`The Walmart mobile phone application and related system infringes claim 1 of the
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`‘690 patent either literally or under the doctrine of equivalents.
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`63.
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`Upon information and belief, Walmart’s website functions the same as its mobile
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`phone application and also infringes least claim 1 of the ‘690 patent.
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`
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`COUNT IV – PATENT INFRINGEMENT OF THE ‘670 PATENT
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`64.
`
`Upon information and belief, Walmart has been and is willfully infringing the
`
`'670 patent through its mobile phone application and website. A copy of Innovaport’s letter to
`
`Walmart’s outside counsel regarding its patents and a brochure describing the patents is attached
`
`as Exhibit E. A copy of a LinkedIn message regarding the patents is further attached as Exhibit
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`F.
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`Page 21 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 22 of 34
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`Exemplary claim for Walmart’s Mobile Phone Application and Website for the ‘670 patent
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`Upon information and belief, prior to the expiration of the ‘670 patent, Walmart
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`65.
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`created, tested, and maintained its mobile phone application, and provided its mobile phone
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`application to customers, constituting infringement of at least claim 1 of the ‘670 patent either
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`literally or under the doctrine of equivalents. Below is an exemplary comparison of claim 1 of
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`the ‘670 patent (the first independent claim) with the mobile phone application, demonstrating
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`infringement.
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`66.
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`Claim 1 of the ‘670 patent is a method of providing product location information
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`within a store.
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`67.
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`The mobile phone application provides product location information within a
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`store.
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`68.
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`Claim 1 requires at least one information storage device be provided. The at least
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`one information storage device includes a database. The at least one information storage device
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`is configured to be at least indirectly in communication with at least one other device that
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`includes at least one user interface. At least one of the at least one information storage device and
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`the at least one other device with respect to which the at least one information storage device is
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`configured to be at least indirectly in communication is or includes a mobile device.
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`69. Walmart must have an information storage device that includes a database
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`because Walmart must have some method of organizing its inventory. The information storage
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`device must be at least indirectly in communication with a mobile device with a user interface
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`because customers use the mobile phone application to search for products. As seen below, the
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`search results state whether a product is located in a store. The mobile phone therefore must be in
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`communication with a database of an information storage device because the number of products
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`Page 22 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 23 of 34
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`left in the inventory must be readily ascertainable in order to determine whether a product is still
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`located within a store.
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`70.
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`Claim 1 requires that the information storage device include both product location
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`information and additional product-related information linking a product with another product in
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`a cross-referential manner.
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`Page 23 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 24 of 34
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`71.
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`As shown below, Walmart’s mobile phone application informs customers of the
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`location of a product within a selected store and further links the product with another product
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`(e.g., Frequently Bought Together and More Items to Consider).
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`Price
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`Product
`location
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`Page 24 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 25 of 34
`Case: 3:23-cv-00498 Document#:1 Filed: 07/21/23 Page 25 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 26 of 34
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`72.
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`Claim 1 requires that a product location inquiry signal regarding the product be
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`received. The product location inquiry signal is at least indirectly based upon a product location
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`inquiry received by way of the at least one user interface.
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`73.
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`The Walmart mobile phone application at least indirectly sends a product location
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`inquiry signal, which must be received because the customer receives relevant search results.
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`Page 26 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 27 of 34
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`74.
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`Claim 1 requires that the product location inquiry signal to be processed, at a
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`signal processing device, to determine a processed product location inquiry signal.
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`75.
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`The product location signal sent from the mobile phone application must be
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`processed at a signal processing device to determine a processed product location inquiry signal
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`because customers receive relevant search results after searching on Walmart’s mobile phone
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`application.
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`76.
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`Claim 1 requires querying the at least one information storage device to obtain
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`portions of the product location information and additional product-related information in
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`response to the processed product location inquiry signal.
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`77.
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`In order to obtain relevant search results when searching for a product, Walmart’s
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`information storage device must be queried to obtain product location information and additional
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`product-related information. As seen below, product location information and additional product-
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`related information (Frequently Bought Together and More Items to Consider) are obtained in
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`response to the processed product location inquiry signal (i.e., search query).
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`Page 27 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 28 of 34
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`Product
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 29 of 34
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`78.
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`Claim 1 requires that a product location information signal be provided that is at
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`least indirectly responsive to the processed product location inquiry signal.
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`79.
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`A product location information signal must be provided that is at least indirectly
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`responsive to the processed product location inquiry signal because a search query on Walmart’s
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`mobile phone application results in relevant search results.
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`Page 29 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 30 of 34
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`80.
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`Claim 1 requires that the product location signal be configured to enable, at least
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`indirectly, an output signal at an output device to be provided in response to the product location
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`inquiry. The output signal includes location information concerning the product and also
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`provides at least one suggestion related to the other product.
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`81.
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`After sending out a product location information signal from the mobile phone
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`application, an output signal, at an output device, must be provided in order for a customer to
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`receive relevant search results on the mobile phone application. As shown below, the search
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`results on a mobile phone application include the location of a product within a store and also
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`provides at least one suggestion related to the other product. The output signal therefore must
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`necessarily include location information about the product and at least one additional suggestion
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`related to the product (e.g., Frequently Bought Together and More Items to Consider).
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`Page 30 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 31 of 34
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`Page 31 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 32 of 34
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`82.
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`The Walmart mobile phone application and related system infringes claim 1 of the
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`‘670 patent either literally or under the doctrine of equivalents.
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`83.
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`Upon information and belief, Walmart’s website functions the same as its mobile
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`phone application and also infringes least claim 1 of the ‘670 patent.
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`Page 32 of 34
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`Case: 3:23-cv-00498 Document #: 1 Filed: 07/21/23 Page 33 of 34
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`SUMMARY
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`84. Walmart has willfully and directly infringed the ‘260, ‘933, ‘690, and ‘670
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`patents by making, using, maintaining, and updating its mobile phone application and website
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`(collectively the “Accused Products”), and by providing the Accused Products to customers.
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`Upon information and belief, Walmart has been making, using, maintaining, and updating the
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`Accused Products, and providing the Accused Products to customers, since at least as early as
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`2016.
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`85. Walmart’s conduct shows a lack of the required duty to avoid infringement of the
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`‘260, ‘933, ‘690, and ‘670 patents such that this is an exceptional case; therefore, Innovaport
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`should be awarded its reasonable attorneys’ fees pursuant to 35 U.S.C. § 285.
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`86.
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`Pursuant to 35 U.S.C. § 284, Innovaport is entitled to enhanced damages for
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`infringement of the ‘260, ‘933, ‘690, and ‘670 patents by Walmart, up to treble damages.
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`Request for Relief
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`WHEREFORE, Plaintiff Innovaport LLC demands that judgment be entered in its favor
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`and against Defendant Walmart Inc. as follows:
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`A.
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`B.
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`C.
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`Adjudging that Walmart has willfully infringed the ‘260, ‘933, ‘690, and ‘670
`patents;
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`Awarding Innovaport its damages, together with prejudgment interest, caused by
`Walmart’s infringement; and
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`Granting such other and further relief as the Court may deem appropriate.
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`Jury Demand
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`Plaintiff Innovaport LLC hereby demands a jury trial of all issues of fact not admitted by
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`the Defendant.
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`Dated: July 21, 2023
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`
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`s/Michael T. Grig