Jabaa, LLC v. Publix Super Markets, Inc., Civil Action No. 1:23-cv-01065-WMR (N.D. Ga., Mar. 13, 2023)

Jabaa, LLC, the successor-in-interest to a patent covering biometric authentication, has brought suit against Publix Super Markets in the Northern District. The Complaint alleges that Publix infringes the patent each time the Publix app instructs customers to pay for a sale using their mobile devices.

The patent, United States Patent No. 7,480,637 (“the ’637 Patent”) is entitled “Internet Transaction Authentication Apparatus, Method, And System For Improving Security Of Internet Transactions.” As provided in the Plaintiff’s attached claim chart, claim 1 of the ’637 Patent provides “a biometric customer authentication apparatus for improving online transaction security and for assuring the identity of a customer, comprising: an electronic enclosure including a fingerprint sensor…”

The Complaint alleges that Publix has incorporated the ’637 Patent into their contactless payment app, thereby directly infringing the patent. Further, the Complaint alleges that Publix indirectly infringes at least claim 1 by encouraging customers to use the app.

The Plaintiff seeks damages adequate to compensate for infringement, amounting to at least a reasonable royalty, plus attorneys’ fees and costs.

The case has been assigned to Judge William Ray.