DCT

2:26-cv-00313

X One Inc v. H E B LP

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I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 2:26-cv-00313, E.D. Tex., 04/17/2026
  • Venue Allegations: Venue is alleged to be proper in the Eastern District of Texas because Defendants are registered to do business in Texas, have transacted business in the District, and have committed acts of direct and indirect infringement there. The complaint further alleges Defendants have regular and established places of business in the District, including a physical office and partner H-E-B stores, from which the accused mobile ordering services are offered.
  • Core Dispute: Plaintiff alleges that Defendant's Favor Delivery mobile ordering service and associated ecosystem infringe five patents related to two-way position information sharing technology.
  • Technical Context: The technology concerns systems for sharing GPS-based location data between wireless devices via a central server, enabling mutual tracking and mapping for groups of users.
  • Key Procedural History: The complaint notes that the patent family has been cited over 1,000 times by numerous technology companies. No specific prior litigations, IPRs, or licensing agreements involving the patents-in-suit are mentioned.

Case Timeline

Date Event
2005-04-04 Earliest Priority Date for all Patents-in-Suit
2017-12-26 U.S. Patent No. 9,854,402 Issued
2018-04-10 U.S. Patent No. 9,942,705 Issued
2019-05-21 U.S. Patent No. 10,299,071 Issued
2020-08-18 U.S. Patent No. 10,750,310 Issued
2023-10-03 U.S. Patent No. 11,778,415 Issued
2026-04-17 Complaint Filed

II. Technology and Patent(s)-in-Suit Analysis

U.S. Patent No. 9,854,402 - "Formation of wireless device location sharing group"

  • Patent Identification: U.S. Patent No. 9,854,402, "Formation of wireless device location sharing group," issued December 26, 2017.

The Invention Explained

  • Problem Addressed: Prior to the invention, location-sharing services were typically one-way (e.g., parents tracking children or an aid center tracking a vehicle), with no mechanism for the tracked party to see the location of the tracking party Compl. ¶23 These systems also lacked the flexibility to be reconfigured "in the field" to add new individuals, such as for temporary emergency situations Compl. ¶23 '415 Patent, col. 1:45-67
  • The Patented Solution: The invention provides a system where software on GPS-enabled wireless devices (e.g., cell phones) communicates with a central "Buddy Watch" server over the internet Compl. ¶22 Compl. ¶24 This allows users to form groups and mutually share their encrypted GPS positions, which can be displayed on a map on the device's screen Compl. ¶24 '415 Patent, abstract The system is designed to use existing cellular infrastructure without requiring new hardware Compl. ¶22 The architecture, depicted in the patent and complaint, shows user devices communicating through carriers and the internet to a central server Compl. Fig. 1
  • Technical Importance: This technology enabled a shift from one-way, static tracking systems to flexible, two-way location sharing networks suitable for coordinating groups and responding to ad-hoc situations.

Key Claims at a Glance

  • The complaint asserts at least claims 1-9, 11, 14-22, and 24 Compl. ¶34 Claim 1 is the lead independent claim.
  • Claim 1 of the '402 Patent breaks down into these essential elements:
    • A method for forming a location-sharing group between a first subscriber's device and a second subscriber's device.
    • Storing input from the first device identifying a destination.
    • Storing input from the first device selecting the second contact from a predetermined list.
    • Obtaining a location from the first GPS-enabled device.
    • Sending the location and destination via a WAN to the second device.
    • Not sending the location and destination to unselected contacts.
  • The complaint does not explicitly reserve the right to assert other dependent claims for this patent, but the broad assertion of multiple claims suggests this is implied.

U.S. Patent No. 9,942,705 - "Location sharing group for services provision"

  • Patent Identification: U.S. Patent No. 9,942,705, "Location sharing group for services provision," issued April 10, 2018.

The Invention Explained

  • Problem Addressed: As with the '402 patent, the '705 patent addresses the limitations of one-way location tracking systems Compl. ¶23
  • The Patented Solution: The solution is a server-based system for sharing location data between GPS-enabled wireless devices, allowing for the formation of "buddy groups" for mutual tracking, including temporary "instant buddies" for specific events or emergencies Compl. ¶23 '415 Patent, col. 1:45-67 '415 Patent, col. 2:51-3:43
  • Technical Importance: The technology facilitated new commercial and safety services by enabling ad-hoc, two-way location sharing between previously unassociated parties for a specific purpose and duration.

Key Claims at a Glance

  • The complaint asserts at least claims 1-2, 8, 10-14, 20, and 22-24 Compl. ¶51 Claim 1 is the lead independent claim.
  • Claim 1 of the '705 Patent breaks down into these essential elements:
    • A method for sharing position data between devices associated with subscribers of a cellular carrier.
    • Storing a status for a second device indicating if it can be associated with a location sharing group.
    • Authenticating a first device.
    • Receiving a request from the first device to initiate a location sharing group and selecting the second subscriber for a service.
    • Contingent on authentication and status, forming the group.
    • Sending position data of the first device to the second device via a WAN.
  • The complaint does not explicitly reserve the right to assert other dependent claims for this patent.

U.S. Patent No. 10,299,071 - "Server-implemented methods and systems for sharing location amongst web-enabled cell phones"

  • Patent Identification: U.S. Patent No. 10,299,071, "Server-implemented methods and systems for sharing location amongst web-enabled cell phones," issued May 21, 2019.
  • Technology Synopsis: The '071 patent addresses the need for two-way, dynamic position information sharing, contrasting with prior one-way systems Compl. ¶23 The invention uses a central server to manage the exchange of GPS position data between web-enabled wireless devices, allowing users to form "buddy" groups and view each other's location on a map display '071 Patent, abstract Compl. ¶24
  • Asserted Claims: Claims 1, 5, 7, 9-11, 15, 17 and 19-20 Compl. ¶68 Claim 1 is independent.
  • Accused Features: The complaint alleges infringement by the entire Favor Delivery ordering ecosystem, including its mobile application, backend systems, and location services Compl. ¶¶30-31, 67

U.S. Patent No. 10,750,310 - "Temporary location sharing group with event based termination"

  • Patent Identification: U.S. Patent No. 10,750,310, "Temporary location sharing group with event based termination," issued August 18, 2020.
  • Technology Synopsis: This patent focuses on forming temporary location sharing groups that terminate based on a specific event. It solves the problem of creating ad-hoc, time-limited location sharing relationships, such as between a stranded motorist and a tow truck, which was not possible with prior static, one-way systems Compl. ¶23 '310 Patent, col. 1:45-67 The solution involves a server-mediated process for creating an "instant buddy" relationship between two wireless devices that automatically expires after a set time or event '310 Patent, abstract
  • Asserted Claims: Claims 1-5, 8-9 and 12-13 Compl. ¶85 Claim 1 is independent.
  • Accused Features: The accused features are the Favor Delivery mobile ordering application and its supporting backend infrastructure, which are alleged to create temporary location-sharing relationships between customers and delivery drivers Compl. ¶¶30-31, 84

U.S. Patent No. 11,778,415 - "Location sharing application in association with services provision"

  • Patent Identification: U.S. Patent No. 11,778,415, "Location sharing application in association with services provision," issued October 3, 2023.
  • Technology Synopsis: This patent describes a location-sharing system specifically for provisioning services, addressing the need for dynamic, two-way tracking in a commercial context Compl. ¶23 It discloses a method where a user's device, via a downloadable application, can form a temporary location-sharing group with a service provider's device, with the system centrally managing map displays and data exchange '415 Patent, abstract Compl. ¶24
  • Asserted Claims: Claims 1-5, 7-18 and 21-23 Compl. ¶102 Claim 1 is independent.
  • Accused Features: Infringement is alleged against the Favor Delivery service, which is characterized as a system for providing mobile ordering and delivery services that involves location sharing between a customer and a service provider Compl. ¶¶30-31, 101

III. The Accused Instrumentality

  • Product Identification: The "Accused Products" are collectively identified as the "Favor Delivery" service and its associated ecosystem Compl. ¶¶4, 30-31 This includes the Favor Delivery mobile ordering application, backend ordering systems, location services, and physical store integration Compl. ¶30
  • Functionality and Market Context: The Favor Delivery service allows a user to employ a mobile application to select a store, place an order, and have it delivered Compl. ¶15 The system provides for location determination, map displays, and transmissions to and from Favor Delivery servers Compl. ¶30 A screenshot in the complaint shows the service's mobile application displaying a map with the location of a service provider relative to a delivery location Compl. Fig. 3 The complaint alleges that Favor Delivery operates under this trade name and provides these mobile ordering services throughout the Eastern District of Texas and elsewhere Compl. ¶¶4, 10-11

IV. Analysis of Infringement Allegations

'402 Patent Infringement Allegations

Claim Element (from Independent Claim 1) Alleged Infringing Functionality Complaint Citation Patent Citation
A method for forming a location sharing group between a first subscriber's wireless device and a second subscriber's wireless device, the method comprising: The Favor Delivery service, when used by a customer (first subscriber) and a delivery driver (second subscriber), performs a method of forming a location sharing group. Compl. ¶¶30-31, 35 '402 Patent, col. 6:50-65
storing, by the server, a first input from the first subscriber's wireless device, the first input identifying a destination; The Favor Delivery service stores the destination (e.g., customer's address) entered by the customer on their device. Compl. ¶¶30, 36 '402 Patent, col. 6:50-53
storing, by the server, a second input from the first subscriber's wireless device, the second input selecting a second contact from a predetermined list of contacts; The Favor Delivery service allows the user to select the store/service provider, which is then associated with a specific delivery driver (the second contact). Compl. ¶¶30, 37 '402 Patent, col. 6:53-56
obtaining, by the server, a first location from a GPS receiver of the first subscriber's wireless device; The Favor Delivery service obtains the location of the customer's device via the device's GPS capabilities. Compl. ¶¶30, 38 '402 Patent, col. 6:56-58
sending, by the server, the first location and the destination via a wide area network to the second subscriber's wireless device; The Favor Delivery service sends the customer's location and the delivery destination to the driver's device. Compl. ¶¶30, 39 '402 Patent, col. 6:58-62
not sending the first location and the destination to a wireless device of an unselected contact from the predetermined list of contacts. The Favor Delivery service does not send the customer's location and destination to other drivers or unselected contacts. Compl. ¶¶30, 40 '402 Patent, col. 6:62-65
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