Case 4:21-cv-00598 Document 1 Filed 07/29/21 Page 1 of 7 PageID #: 1
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`IMPLICIT, LLC
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`v.
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`WALGREEN CO.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`SHERMAN DIVISION
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`Plaintiff,
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`Civil Action No. 4:21-cv-598
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`JURY TRIAL DEMANDED
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`Defendant.
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff Implicit, LLC (“Implicit” or “Plaintiff”), for its Complaint against Defendant
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`Walgreen Co., (referred to herein as “Defendant”), alleges the following:
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`NATURE OF THE ACTION
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`1.
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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. § 1 et seq.
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`THE PARTIES
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`2. Plaintiff Implicit is a limited liability company organized under the laws of the State
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`of Washington with a place of business at 101 E Park Blvd, Suite 600, Plano, TX 75074.
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`3. Upon information and belief, Defendant is a corporation organized under the laws of
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`the State of Illinois with retail stores in this District, including stores at 510 E Main St, Allen, TX
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`75002 and 4201 E Renner Rd., Richardson, TX 75082. Upon information and belief, Defendant
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`sells, offers to sell, and/or uses products and services throughout the United States, including in
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`this judicial district, and introduces infringing products and services into the stream of commerce
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`knowing that they would be sold and/or used in this judicial district and elsewhere in the United
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`States.
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`Case 4:21-cv-00598 Document 1 Filed 07/29/21 Page 2 of 7 PageID #: 2
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`JURISDICTION AND VENUE
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`4.
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`This is an action for patent infringement arising under the Patent Laws of the
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`United States, Title 35 of the United States Code.
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`5.
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`6.
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`7.
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`This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).
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`Venue is proper in this judicial district under 28 U.S.C. § 1400(b).
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`This Court has personal jurisdiction over the Defendant under the laws of the
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`State of Texas, due at least to its substantial business in Texas and in this judicial district,
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`directly or through intermediaries, including regularly doing or soliciting business, engaging in
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`other persistent courses of conduct and/or deriving substantial revenue from goods and services
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`provided to individuals in the State of Texas. Venue is also proper in this district because
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`Defendant has a regular and established place of business in this district. For instance, as noted
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`above, Defendant has several stores in this district, including stores at 510 E Main St, Allen, TX
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`75002 and 4201 E Renner Rd., Richardson, TX 75082. (See
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`https://www.walgreens.com/storelocator/find.jsp?tab=store+locator&requestType=locator.)
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`BACKGROUND
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`The Invention
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`8.
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`Edward Balassanian is the inventor of U.S. Patent No. 8,856,185 (“the ’185
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`patent”). A true and correct copy of the ’185 patent is attached as Exhibit A.
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`9.
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`The ’185 patent resulted from the pioneering efforts of Mr. Balassanian
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`(hereinafter “the Inventor”) in the area of computer systems and methods to manage access to
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`information using object attributes. These efforts resulted in the development of a novel method
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`and system for attribute management in a namespace in 2002. At the time of these pioneering
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`efforts, the most widely implemented technology used to accesses various data structures to
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`locate the object and return its reference relied on namespaces utilizing predefined attributes
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`associated with their objects and logical views of objects that corresponded to the physical
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`organization of the namespace. The Inventor conceived of the inventions claimed in the ’185
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`patent as a way to improve upon these shortcomings and allow for more flexible handling of
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`object attributes and more flexible views into the namespace.
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`10.
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`For example, as recited in claim 1 of the ’185 patent, the Inventor developed a
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`method comprising:
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`storing, at a computer system, information that implements a namespace
`having a plurality of objects, wherein the stored information includes data
`for various ones of the plurality of objects that is indicative of attribute
`values for one or more of a plurality of object attributes;
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`receiving, by the computer system, an object associated with a user-
`defined attribute value;
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`adding, by the computer system, the object associated with the user-
`defined attribute value to the namespace;
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`receiving, by the computer system, first and second queries of the
`namespace that respectively indicate one or more attribute values and
`organization of query results, wherein the first query indicates relative
`levels of object attributes within a first hierarchy of object attributes and
`wherein the second query indicates relative levels of object attributes
`within a second hierarchy of object attributes;
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`generating, by the computer system in response to the first and second
`queries, respective first and second sets of access data usable to access
`objects in the namespace that have one or more attribute values that match
`the one or more attribute values specified by the respective first and
`second queries; and
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`transmitting, by the computer system, the first and second sets of access
`data to one or more second computer systems associated with the first and
`second queries;
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`wherein the first and second sets of access data are organized using the
`respective first and second hierarchies, and wherein the second hierarchy
`includes a given attribute at a level that is different from a level of the
`given attribute in the first hierarchy.
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`11.
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`Because of the aforementioned advantages that can be achieved through the use of
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`the patented invention, the ’185 patent presents significant commercial value for companies like
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`Defendant. Indeed, Defendant’s website ranked 801th of all websites globally in Alexa’s “90
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`Day Trend” for global internet engagement as reported on Alexa.com, visited shortly before the
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`filing of this complaint. (See https://www.alexa.com/siteinfo/walgreens.com (last visited July
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`27, 2021).)
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`12.
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`The patented invention disclosed in the ’185 patent resolves technical problems
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`related to managing access to data structures to locate the object, particularly problems related to
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`flexibility in the handling of object attributes and views into the namespace
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`13.
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`The claims of the ’185 patent do not merely recite the performance of some well-
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`known business practice from the pre-Internet world along with the requirement to perform it on
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`the Internet. Instead, the claims of the ’185 patent recite inventive concepts that are deeply
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`rooted in engineering technology, and overcome problems specifically arising out of how to
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`manage attributes for and views of objects within a namespace wherein multiple queries may be
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`used to access a data structure in a computer system at various levels of hierarchy.
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`14.
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`The claims of the ’185 patent recite inventive concepts that are not merely routine
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`or conventional use of the aforementioned computer systems, but provide a new and novel
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`solution to specific problems related to improving data management and access therein.
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`15.
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`And finally, the patented invention disclosed in the ’185 patent does not preempt
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`all the ways that computer systems may be organized to improve data access, nor does the ’185
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`patent preempt any other well-known or prior art technology.
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`16.
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`Accordingly, the claims in the ’185 patent recite a combination of elements
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`sufficient to ensure that the claim in substance and in practice amounts to significantly more than
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`a patent-ineligible abstract idea.
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`COUNT I – INFRINGEMENT OF U.S. PATENT NO. 8,856,185
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`17.
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`The allegations set forth in the foregoing paragraphs are incorporated into this
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`Count I.
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`18.
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`On October 7, 2014, the ’185 patent was duly and legally issued by the United
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`States Patent and Trademark Office under the title “method and system for attribute management
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`in a namespace”.
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`19.
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`Implicit is the assignee and owner of the right, title and interest in and to the ’185
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`patent, including the right to assert all causes of action arising under said patent and the right to
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`any remedies for infringement of it.
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`20.
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`Upon information and belief, Defendant has and continues to directly infringe one
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`or more claims of the ’185 patent by using its website, specifically its e-commerce platform and
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`the computer systems therein (the “Accused Instrumentalities”).
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`21.
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`Upon information and belief, the Accused Instrumentalities performs a method
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`for storing information that implements a namespace having a plurality of objects. Exemplary
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`infringement analysis showing infringement of all elements of the method recited in claim 1 of
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`the ’185 patent is set forth in Exhibit B. This infringement analysis is necessarily preliminary, as
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`it is provided in advance of any discovery provided by Defendant with respect to the ’185 patent.
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`Implicit reserves all rights to amend, supplement and modify this preliminary infringement
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`analysis. Nothing in the attached chart should be construed as any express or implied contention
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`or admission regarding the construction of any term or phrase of the claims of the ’185 patent.
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`22.
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`The Accused Instrumentality infringed and continues to infringe claim 1 of the
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`’185 patent during the pendency of the ’185 patent.
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`23.
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`Implicit has been harmed by the Defendant’s infringing activities.
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`JURY DEMAND
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`Pursuant to Rule 38 of the Federal Rules of Civil Procedure, Implicit demands a trial by
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`jury on all issues triable as such.
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`PRAYER FOR RELIEF
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`WHEREFORE, Plaintiff Implicit demands judgment for itself and against Defendant as
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`follows:
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`A.
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`B.
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`An adjudication that the Defendant has infringed the ’185 patent;
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`An award of damages to be paid by Defendant adequate to compensate Implicit
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`for Defendant’s past infringement of the ’185 patent, and any continuing or future infringement
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`through the date such judgment is entered, including interest, costs, expenses and an accounting
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`of all infringing acts including, but not limited to, those acts not presented at trial;
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`C.
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`A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of
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`Implicit’s reasonable attorneys’ fees; and
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`D.
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`An award to Implicit of such further relief at law or in equity as the Court deems
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`just and proper.
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`Case 4:21-cv-00598 Document 1 Filed 07/29/21 Page 7 of 7 PageID #: 7
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`Dated: July 29, 2021
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`DEVLIN LAW FIRM LLC
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`
`
`/s/ James M. Lennon
`James M. Lennon
`jlennon@devlinlawfirm.com
`Timothy Devlin
`tdevlin@devlinlawfirm.com
`1526 Gilpin Avenue
`Wilmington, Delaware 19806
`Telephone: (302) 449-9010
`Facsimile: (302) 353-4251
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`Attorneys for Plaintiff Implicit, LLC
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