Pet supply

Greenberg Traurig secures victory for pet supplies retailer Chewy in patent infringement battle against IBM

A team of lawyers from Greenberg Traurig, LLP has won a complete victory for Chewy Inc. in a patent infringement battle with International Business Machines Corp., which claimed that the online retailer’s website and mobile app pet supplies infringed several IBM patents.

NEW YORK (PRWEB) April 14, 2022

A team of Greenberg Traurig, LLP Lawyers have secured a complete victory for Chewy Inc. in a patent infringement battle with International Business Machines Corp., which claimed the online pet supplies retailer’s website and mobile app violated multiple patents IBM.

In a summary judgment order issued on Tuesday, U.S. District Court Judge Jed S. Rakoff ruled that Chewy did not infringe three out of four IBM patents and that a fourth patent was invalid because it pertained to an abstract idea (a fifth patent was rejected earlier in the case after the court declared it invalid). The judge dismissed IBM’s counterclaims with prejudice.

The case began in February 2021, when Chewy – after rejecting an IBM license offer – filed a lawsuit for declaratory judgment of non-infringement of four IBM patents (US Patents Nos. 7,072,849, 9,569,414, 7,076 443 and 6,704,034). In response, IBM filed counterclaims alleging infringement of these four patents, then later added another patent to the case (US Patent No. 7,496,831). IBM asserted that these patents covered various functions of websites and mobile applications, such as allowing a user to hover over a product to see a larger image, caching advertisements locally, and rearranging hyperlinks on the product display. a browser when the width is adjusted.

“We are very pleased with the court’s decision, which confirms what we have known all along. We have demonstrated to IBM from the outset that Chewy did not infringe any of its patents – and that the patents were invalid,” said New York shareholder Joshua L. Raskin, Vice Chairman of Greenberg Traurig’s Patent Litigation Group and Chairman of New York Intellectual Property and Technology Group and team leader representing Chewy.

Chewy’s first victory in the case came last year after Judge Rakoff held a claims construction hearing to define the key terms of the claimed patents. In the ensuing order, Judge Rakoff invalidated one patent and defined the key terms of the remaining four patents in a manner almost universally favorable to Chewy.

After the hearing’s decision on the construction of the claim was rendered, IBM changed its theories of infringement. Following a complex discovery process involving the review of thousands of documents between Chewy and IBM, as well as the taking and defense of more than a dozen depositions, Chewy sought summary judgment on the remaining four patents. on various grounds of non-infringement and invalidity, which motion was granted in its entirety.

The Greenberg Traurig team also included shareholders Allan A. Kassenoff and Julie P. Bookbinder, legal counsel Vimal Kapadia and partners Cort Welch, Jade Li-Yu Chen and Jonathan Presvelis, and legal clerk Danielle Zapata, all based in New York, as well as Chicago associate Maja E. Sherman.

File number: 21-cv-1319 (JSR)

Court of Record: United States District Court for the Southern District of New York.

About Greenberg Traurig: Greenberg Traurig, LLP has more than 2,400 attorneys at 42 locations in the United States, Europe, Latin America, Asia and the Middle East. The firm, often recognized for its focus on philanthropic giving, innovation, diversity and volunteerism, reported gross revenue of more than $2 billion in fiscal year 2021. The firm is consistently among the top firms in the Am Law 100, Am Law Global 100, NLJ 250, and Law360 (US) 400. In the first Law360 Pulse Leaderboard 2022 ranking, it is one of the top 15 firms. Greenberg Traurig is Mansfield Rule 4.0 Certified Plus by The Diversity Lab and net carbon neutral with respect to office energy consumption. The Web: http://www.gtlaw.com.

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