IP Law Daily, PATENT NEWS: Valpak accused of infringing patent through use of Quick Response Codes on commercial advertisements, (Mar 25, 2014)

By Peter Reap, J.D., LL.M.

Marshall Feature Recognition, LLC, has filed a suit in the federal district court in Marshall, Texas, accusing bulk mail coupon advertiser Valpak Direct Marketing Systems, Inc. of infringing Marshall’s United States Patent No. 6,886,750, entitled “Method and Apparatus for Accessing Electronic Data Via a Familiar Printed Medium” (the “'750 patent”).

According to the complaint, the '750 patent provides, among other things, a “system for displaying programming to a user, the system comprising: a printed commercial document having at least one machine recognizable feature; a feature recognition unit having associated therewith a means for recognizing said feature and a means for transmitting a coded signal in response to the recognition of said feature; an intelligent controller having associated therewith a means for accessing said programming material in response for receiving said coded signal; and a display unit presenting said programming material.”

Valpak has infringed and continues to infringe one or more claims of the '750 patent by making, using, providing, offering to sell, and selling systems and methods for accessing electronic data, Marshall contends. Particularly, Valpak requires and/or directs users to access and/or use Quick Response Codes (“QR Codes”) printed on Valpak’s commercial advertisements, in a manner claimed in the '750 patent.

Valpak allegedly infringes the '750 patent by providing printed commercial documents that have at least one machine recognizable feature i.e. a QR Code. QR Codes are features that can be recognized by a mobile smartphone device when the device, controlled by the user, scans the QR Code, in a manner claimed by the '750 patent. The mobile smartphone device uses a barcode scanner application to communicate with the QR Code, featured within the Defendant’s printed advertisement, to obtain programmed information relating to the advertisement.

Marshall charges that, in addition to direct infringement, Valpak is inducing and/or contributing to infringement of the '750 patent, and that it is infringing the '750 patent willfully. The complaint seeks injunctive relief, damages, including treble damages, and an award of attorney fees and costs.

The complaint in Marshall Feature Recognition, LLC v. Valpak Direct Marketing Systems, Inc., Case No. 2:14-cv-253, was filed March 24, 2014.

Attorneys: Austin Hansley for Marshall Feature Recognition, LLC.

Companies: Marshall Feature Recognition, LLC; Valpak Direct Marketing Systems, Inc.

News: Patent TexasNews