Wendy’s settles mobile app patent infringement lawsuit  

Update: 

• Wendy’s and its subsidiary Quality is Our Recipe filed a joint motion to dismiss a class action lawsuit accusing the fast food chain of patent infringement with its mobile app. 
• The motion ends claims Wendy’s infringed on a data management patent for a mystery shopper app owned by Fall Line Patents. 
• Fall Line Patents filed the complaint against Wendy’s and 11 other fast food restaurants in October 2023. 
• The terms of the settlement were not disclosed. 
• Other fast food chains who have agreed to settle the claims include Subway, Chick-Fil-A, Sonic, Arby’s, Dunkin, Burger King, Chipotle Mexican Grill, Popeyes Louisiana Kitchen and Little Caesars, Law360 reports. 

Fast food patent lawsuits overview: 

• Who: Fall Line Patents LLC has filed a patent lawsuit against a dozen fast food and casual dining restaurants, including Arby’s, Burger King, Chick-fil-a, Chipotle, Dunkin’, Little Caesars, Panera, Popeyes, Sonic, Subway, Wendy’s, and Whataburger.
• Why: Fall Line claims the restaurants infringed on its patent for a mystery shopper app with their respective mobile applications. 
• Where: The restaurants named in the patent lawsuits have locations around the country. 

(October 24, 2023)

A dozen fast food and casual dining restaurants have been accused of infringing on the patent for a mystery shopper application. 

Fall Line Patents LLC claims the restaurants infringed on its patent with their respective mobile applications, including by having the app, allowing and inducing customers to use the app, and advertising and promoting the app, among other things, reports Law360. 

Fall Line argues the restaurants — including Arby’s, Burger King, Chick-fil-a, Chipotle, Dunkin’, Little Caesars, Panera, Popeyes, Sonic, Subway, Wendy’s, and Whataburger — each violated one patent for data management. 

The data management patent can be used to allow a mystery shopper to try out a rival product, reports Law360. 

Fall Line reportedly claims the 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 knew, should have known there was an ‘objective risk’ of their mobile apps infringing on a valid patent, suits say

Fall Line argues further 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, reports Law360. 

“Defendant’s direct and indirect infringement of the (patent) is, has been, and continues to be willful, intentional, deliberate, and/or in conscious disregard of Fall Line’s rights under the patent,” the complaints state, as reported by Law360. 

Fall Line has reportedly previously filed a complaint over the same patent against McDonald’s Corp., Boston Market Corp., AMC Entertainment Holdings, Panda Restaurant Group, and Papa John’s International. 

The companies accused in those cases challenged the complaints, and, while they were unable to convince the Patent Trial and Appeal Board that a key patent claim was obvious, the cases have mostly been dismissed, reports Law360. 

In other fast food-related news, a class action lawsuit was filed against Arby’s last month by a consumer arguing the company misrepresented the amount and quality of the meat it puts in some of its sandwiches. 

A class action lawsuit filed against Burger King over claims it advertises a larger Whopper than it actually serves, meanwhile, was given the okay to proceed last month by a federal judge in Florida. 

Have you eaten at any of the fast food and casual dining restaurants accused of patent infringement? Let us know in the comments! 

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