New Mexico Plaintiff Targets Digital Advertisement Systems In Inaugural Litigation

Recently formed New Mexico plaintiff ContactWave LLC has filed its first litigation, suing Best Buy (2:24-cv-00991), Macy's (2:24-cv-00989), Nordstrom (2:24-cv-00993), Walgreens (2:24-cv-00994), and Walmart (2:24-cv-00995), all in the Eastern District of Texas. The sole asserted patent is broadly directed to sending messages from vendors to "mobile communication addresses of mobile users" after verifying that the user has provided "acceptance information", with the defendants accused of infringement through their respective digital advertisement systems. At issue are features related to collecting user information and delivering personalized advertisements.

Belonging to a family of 12, the sole patent-in-suit (9,531,665) issued in December 2016 with an estimated priority date in November 2005. USPTO assignment records have yet to reflect an assignment of the patent away from Mira Advanced Technology Systems, Inc. (MATS)—an NPE controlled by sole inventor Nitesh