Ameranth, Inc. v. ChowNow, Inc.

Lowenstein successfully represented ChowNow in the case. The Hon. Roger Thomas Benitez of the U.S. District Court for the Southern District of California found that  ChowNow properly removed a patent dispute case, originally filed against it in California state court by Ameranth, Inc., to the Southern District of California. Finding that the court had federal …

GrubHub, DoorDash Services Take Off During Pandemic: A Look at the Patents on Food Delivery Inventions

One of the sectors of the U.S. economy that has seemingly thrived through the COVID-19 pandemic—indeed, because of the pandemic—has been food delivery services. Buoyed by successful firms like GrubHub and DoorDash, food delivery apps have benefitted from increased demand due to social distancing and shelter-in-place orders during the pandemic. The top four delivery apps saw a …

District Court Thwarts $100 Million Damages Award, Finding Litigation Conduct Exceptional

The U.S. District Court for the Southern District of California recently ended a long, drawn-out patent infringement battle dealing with menu patents, which saw action in front of a jury, at the district court, at the Patent Trial and Appeal Board (PTAB), at the Federal Circuit, and even an unsuccessful petition to the Supreme Court. The resolution: …

Doordash’s Order Combining Patent

Doordash, the food delivery app, had an explosive IPO yesterday, jumping up almost 100%. From what I understand, Doordash currently has the lion’s share of the food delivery market – greater than the combined market share of UBER Eats, Grubhub, and Postmates. Here, Doordash has a patent US10740715B1 that gives a user a discount if they …

How to Fight–and Win–Against Patent Trolls

Most entrepreneurs think of patent trolls as parasites who obtain questionable patents to extort money from legitimate businesses. The trolls call themselves “patent-assertion entities” that help innovators get paid for their ideas. Whatever your definition, trolls haven’t gone away, despite being reined in by the Supreme Court. Omaha, Nebraska-based startup MyVitalz provides remote patient moni­toring via Bluetooth devices and a …

Software patents poised to make a comeback under new patent office rules

A landmark 2014 ruling by the Supreme Court called into question the validity of many software patents. In the wake of that ruling, countless broad software patents became invalid, dealing a blow to litigation-happy patent trolls nationwide. But this week the US Patent and Trademark Office (USPTO) proposed new rules that would make it easier to patent software. If …