DCT

5:26-cv-00080

Fall Line Patents LLC v. Dicks Sporting Goods Inc

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Amended Complaint
complaint Intelligence

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 5:26-cv-00080, E.D. Tex., 09/29/2026
  • Venue Allegations: Plaintiff alleges venue is proper because Defendants maintain regular and established places of business (retail stores) within the district and use the accused mobile applications to direct customers to, and receive orders for, those stores.
  • Core Dispute: Plaintiff alleges that Defendants’ mobile retail applications infringe a patent related to methods for managing and collecting location-specific data from remote computing devices.
  • Technical Context: The technology addresses challenges prevalent in early-2000s mobile computing, focusing on creating device-agnostic applications for data collection that can function with intermittent network connectivity.
  • Key Procedural History: The asserted patent, U.S. Patent No. 9,454,748, has a significant history. The complaint notes that in a separate case (Fall Line Patents LLC v. Zoe's Kitchen Inc), the patent survived a motion to dismiss and was the subject of a summary judgment order finding its claims valid under 35 U.S.C. § 101. Furthermore, the single asserted claim in this case, Claim 7, was found patentable in an inter partes review (IPR) proceeding (IPR2019-00610), while other claims were cancelled in that and another IPR (IPR2018-00043).

Case Timeline

Date Event
2002-08-19 Priority Date for ’748 Patent
2016-09-27 '748 Patent Issued
2021-05-25 Order Denying Motion to Dismiss in Zoe's Kitchen case cited in Complaint
2022-12-19 IPR Certificate Issued (IPR2019-00610), finding Claim 7 patentable
2023-06-29 Order Granting Summary Judgment of Validity in Zoe's Kitchen case cited in Complaint
2023-08-22 IPR Certificate Issued (IPR2018-00043), cancelling claims 16-18
2026-09-29 Complaint Filing Date

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

  • Patent Identification: U.S. Patent No. 9,454,748, titled "System and Method for Data Management," issued on September 27, 2016.
  • The Invention Explained:
    • Problem Addressed: The patent's background section, reflecting its 2002 priority date, identifies several technical hurdles for data collection on handheld devices: software incompatibility due to differing processors and operating systems '748 Patent, col. 1:49-2:2; the cumbersome process of recompiling and reinstalling an entire application to make a small change '748 Patent, col. 3:7-10; and the unreliability of network connections, which were often slow, intermittent, or unavailable '748 Patent, col. 3:23-4:1
    • The Patented Solution: The invention proposes a system using device-independent "tokens" to create a "questionnaire" '748 Patent, abstract This tokenized structure allows a single application to run on various devices and be updated incrementally, without needing to reload the entire program Compl. ¶28 '748 Patent, col. 5:26-32 To address network issues, the system operates in a "loosely networked" manner, storing collected data locally on the device if no connection is present and transmitting it automatically when a connection is restored '748 Patent, col. 5:3-12
    • Technical Importance: This system was designed to enable the efficient and reliable deployment of data-gathering applications across a fragmented ecosystem of early mobile devices, making real-time or near-real-time data collection from the field a more viable commercial practice Compl. ¶¶25-26
  • Key Claims at a Glance:
    • The complaint asserts infringement of independent Claim 7 of the '748 Patent Compl. ¶15
    • The essential elements of Claim 7 are:
      • Designing a "questionnaire" customized for a particular location with branching logic, where at least one question requests location information.
      • Automatically transferring this questionnaire to a "loosely networked computer" that has an integrated GPS.
      • When the computer is at the particular location, executing the questionnaire to collect user responses.
      • While executing, using the GPS to automatically provide location information as a response.
      • Automatically transferring collected responses in real-time over the "loose network" to a central computer.
      • Making the transferred responses available via the Internet.
    • The complaint states that infringement is alleged "literally and/or under the doctrine of equivalents" Compl. ¶15

III. The Accused Instrumentality

  • Product Identification: The "Dick's Sporting Goods Mobile App" and the "Foot Locker Mobile App," which are used in conjunction with Defendants' servers Compl. ¶¶13-14
  • Functionality and Market Context: The complaint alleges that the accused mobile apps "create and execute a location-specific questionnaire to collect responses from users" Compl. ¶13 Compl. ¶14 It is also alleged that Defendants use these apps to direct customers to their physical stores within the district and to receive customer orders Compl. ¶7 Compl. ¶8 The complaint does not provide specific technical details about the apps' architecture or operation beyond these general allegations.

No probative visual evidence provided in complaint.

IV. Analysis of Infringement Allegations

The complaint provides a high-level theory of infringement without detailed element-by-element mapping. The following table summarizes the allegations as they correspond to the elements of the asserted claim.

'748 Patent Infringement Allegations

Claim Element (from Independent Claim 7) Alleged Infringing Functionality Complaint Citation Patent Citation
(a) designing a questionnaire ... customized for a particular location having branching logic ... wherein at least one ... questions requests location identifying information The complaint alleges Defendants' systems "create ... a location-specific questionnaire," implying a design step for a location-customized application. ¶13; ¶14 col. 15:46-51
(b) automatically transferring said designed questionnaire to at least one loosely networked computer having a GPS integral thereto Defendants allegedly provide and distribute their mobile apps for download onto users' smartphones, which are loosely networked computers with GPS capabilities. ¶13; ¶14 col. 15:52-55
(c) when said loosely networked computer is at said particular location, executing said transferred questionnaire ... thereby collecting responses from the user The accused apps allegedly "execute a location-specific questionnaire to collect responses from users." ¶13; ¶14 col. 15:56-59
(d) while said transferred questionnaire is executing, using said GPS to automatically provide said location identifying information The "location-specific" nature of the alleged questionnaire implies the use of the device's location services (GPS) to determine the user's location. ¶13; ¶14 col. 15:60-63
(e) automatically transferring via the loose network any responses so collected in real time to a central computer The accused apps allegedly "collect responses from users," which, in a client-server model, are transmitted to Defendants' servers. ¶13; ¶14 col. 15:64-66
(f) making available via the Internet any responses transferred to said central computer in step (e) The complaint does not explicitly allege this step, but it is a required part of the claimed method that Plaintiff alleges is infringed. ¶15 col. 15:67-16:2
  • Identified Points of Contention:
    • Scope Questions: A central dispute may arise over whether the term "questionnaire," as used in the patent, can be construed to read on the broad functionality of a modern e-commerce and retail application, or if it is limited to a more structured, survey-like data collection tool as exemplified in the patent's "mystery shopper" scenario '748 Patent, col. 9:38-11:42
    • Technical Questions: The infringement analysis may turn on what evidence is shown to support the allegations. For example, does the accused app use "GPS" specifically as claimed, or a combination of location services? In what way is the application "customized for a particular location," and does this match the patent's description, or does it merely filter a global dataset?

V. Key Claim Terms for Construction

  • The Term: "questionnaire"

  • Context and Importance: This term is the foundation of Claim 7. Its scope will be critical. If construed narrowly to mean a survey-like form, infringement may be difficult to prove against a multifaceted retail app. If construed broadly to mean any interactive, guided-logic program, the plaintiff's position may be strengthened. Practitioners may focus on this term because of the potential mismatch between the patent's 2002-era examples and modern app functionality.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The specification suggests an expansive meaning by using "program" and "form" interchangeably with "questionnaire" '748 Patent, col. 8:36-38 The description of creating a "stack of questions" with "conditional branching" could be argued to cover any interactive application logic '748 Patent, col. 8:51-58
    • Evidence for a Narrower Interpretation: The patent's detailed "mystery shopper" embodiment describes a classic survey: a linear series of prompts to collect specific, structured data points '748 Patent, col. 9:38-11:42 This, along with the title "System and Method for Data Management," could support a narrower construction limited to data collection forms.

  • The Term: "loosely networked"

  • Context and Importance: The patent defines this term to mean a network tolerant of intermittent connections, where data is stored locally and transmitted when a connection becomes available '748 Patent, col. 5:3-12 The applicability of this 2002-era term to modern devices with persistent connectivity will likely be a point of dispute.

  • Intrinsic Evidence for Interpretation:

    • Evidence for a Broader Interpretation: The patent’s explicit definition describes the standard behavior of many modern mobile apps, which are designed to handle temporary losses of connectivity (e.g., in an elevator or tunnel) by caching data and syncing later. Plaintiff will likely argue this fits the definition perfectly.
    • Evidence for a Narrower Interpretation: A defendant may argue that the technical problem solved by "loose networking" in 2002 (e.g., dealing with dial-up or non-existent coverage) is qualitatively different from the brief, transient connection drops experienced today, suggesting the term should be interpreted in its original problem-solving context.

VI. Other Allegations

  • Indirect Infringement: The complaint alleges induced infringement, stating that Defendants encourage customers to use the accused apps in an infringing manner through instructions, advertising, and promotion Compl. ¶19 It also alleges contributory infringement, claiming the accused products contain "special features" that are not suitable for substantial non-infringing uses Compl. ¶20
  • Willful Infringement: Willfulness is alleged on the grounds that Defendants' actions were "objectively reckless" and that they were "willfully blind" to Plaintiff's patent rights Compl. ¶¶21-22

VII. Analyst’s Conclusion: Key Questions for the Case

  1. Definitional Scope: A core issue will be one of claim construction: can the term "questionnaire," rooted in the 2002-era context of structured data-entry forms, be interpreted to encompass the complex, dynamic, and multi-functional nature of a modern mobile retail application?

  2. Impact of Patent Office History: A key legal question will be the weight given to the patent's procedural history. How will the court view the fact that the asserted claim, Claim 7, was specifically confirmed as patentable during an inter partes review, while other claims were cancelled, especially when combined with a favorable validity ruling under § 101 in prior litigation?

  3. Factual Congruence: Beyond legal definitions, a central evidentiary question will be one of technical operation: does the plaintiff have sufficient evidence to demonstrate that the accused apps perform each step of the claimed method, particularly the requirements that the "questionnaire" is "customized for a particular location" and that GPS data is "automatically" used as a response in the specific manner claimed by the patent?