“Major Fast Food Chains Face Patent Lawsuit Over Mystery Shopper App”
Fast Food Giants Accused of Patent Infringement
In a surprising turn of events, a dozen fast food and casual dining restaurants are facing patent lawsuits filed by Fall Line Patents LLC. The restaurants, including Arby’s, Burger King, Chick-fil-a, Chipotle, Dunkin’, Little Caesars, Panera, Popeyes, Sonic, Subway, Wendy’s, and Whataburger, are accused of infringing on a patent for a mystery shopper application.
Patent Infringement Claims
Fall Line Patents LLC alleges that these restaurants have infringed on its patent through their respective mobile applications. The patent in question is related to data management, which can be used to allow a mystery shopper to try out a rival product. Fall Line argues that the restaurants have violated this patent by having the app, allowing and inducing customers to use the app, and advertising and promoting the app, among other things.
According to reports from Law360, Fall Line claims that these companies each hold a policy not to review patents belonging to others, while calling their actions “at least objectively reckless as to the risk of infringing a valid patent.”
Restaurants Accused of Willful Infringement
The patent lawsuits further argue that the restaurants either knew or should have known that there was an objective risk of infringing on a valid patent with their mobile applications. Fall Line alleges that the infringement of the patent by these restaurants is, has been, and continues to be willful, intentional, deliberate, and/or in conscious disregard of Fall Line’s rights under the patent.
This is not the first time Fall Line has filed a complaint over the same patent. The company has previously filed a patent lawsuit against McDonald’s Corp., Boston Market Corp., AMC Entertainment Holdings, Panda Restaurant Group, and Papa John’s International. While the companies accused in those cases challenged the complaints, the cases have mostly been dismissed.
Other Fast Food Lawsuits
In other fast food-related news, Arby’s and Burger King are also facing class action lawsuits. A consumer filed a lawsuit against Arby’s last month, arguing that the company misrepresented the amount and quality of the meat it puts in some of its sandwiches. Meanwhile, a lawsuit filed against Burger King over claims it advertises a larger Whopper than it actually serves was given the okay to proceed last month by a federal judge in Florida.
These patent lawsuits and class action lawsuits highlight the legal challenges that fast food and casual dining restaurants face. It remains to be seen how these patent lawsuits will unfold and what impact they will have on the accused restaurants and their mobile applications.
Have you eaten at any of the fast food and casual dining restaurants accused of patent infringement? Share your experiences in the comments below!
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