UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

 DIVISION 

AERITAS, LLC, 

 Plaintiff 

 v. 

SUBWAY SANDWICH SHOPS INC., 

SUBWAY SUBS, INC., FRANCHISE 

WORLD HEADQUARTERS, LLC 

d/b/a SUBWAY RESTAURANTS 

d/b/a SUBWAY, and DOCTOR’S 

ASSOCIATES, INC. 

 Defendants 

Case No. 6:20-cv-00102 

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff Aeritas, LLC (“Aeritas” or “Plaintiff”) files this Complaint for patent 

infringement against Subway Sandwich Shops Inc., Subway Subs, Inc., Franchise World 

Headquarters, LLC d/b/a Subway Restaurants d/b/a Subway, and Doctor’s Associates, 

Inc., and alleges as follows: 

NATURE OF THE ACTION 

1. This is an action for patent infringement arising under 35 U.S.C. § 1 et seq. 

PARTIES 

2. Aeritas is a limited liability company organized and existing under the laws 

of the State of Texas with its principal place of business in Dallas, Texas. 

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3. Upon information and belief, Subway, Subway Sandwich Shops, Inc. 

(“SSSI”) is a corporation organized and existing under the laws of the State of 

Connecticut, with their principal place of business at 325 Sub Way, Milford, Connecticut 

06461. 

4. Upon information and belief, Subway, Subway Subs, Inc. (“SSI”) is a 

corporation organized and existing under the laws of the State of Delaware, with their 

principal place of business at 325 Sub Way, Milford, Connecticut 06461. 

5. Upon information and belief, Subway, Franchise World Headquarters, LLC 

d/b/a Subway Restaurants d/b/a Subway (“FWH”) is a limited liability company organized 

and existing under the laws of the State of Connecticut, with their principal place of 

business at 325 Sub Way, Milford, Connecticut 06461. 

6. Upon information and belief, Subway, Doctor’s Associates, Inc. (“DAI”) is a 

corporation organized and existing under the laws of the State of Florida, with their 

principal place of business at 700 South Royal Poinciana Boulevard, Suite 500, Miami 

Springs, Florida 33166. 

7. Defendants SSSI, SSI, FWH, and DAI are referred to collectively herein as 

“Subway” or “Defendants.” 

JURISDICTION AND VENUE 

8. This Court has original jurisdiction over the subject matter of this action 

pursuant to 28 U.S.C. §§ 1331 and 1338(a). 

9. Upon information and belief, Subway is subject to personal jurisdiction of 

this Court based upon it having regularly conducted business, including the acts 

complained of herein, within the State of Texas and/or deriving substantial revenue from 

goods and services provided to individuals in Texas and in this District. 

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10. Venue is proper in this District under 28 U.S.C. § 1400 because Subway 

has committed acts of infringement and has regular and established places of business 

in this judicial district. 

OVERVIEW OF THE SUBWAY APP 

11. Subway provides for its customers use the Subway App, which is available 

for use with iOS and Android devices: 

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https://apps.apple.com/us/app/subway/id901941015

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https://play.google.com/store/apps/details?id=com.subway.mobile.subwayapp03&hl=en_

US

12. The Subway App relies on a server, with a processor and software, to function. 

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13. The Subway App provides an indication of permission to provide the mobile 

device a notification with an associated notification criterion.

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https://developer.android.com/guide/topics/permissions/requesting.html 

https://developer.android.com/guide/topics/permissions/normal-permissions.html

14. The Subway App requests permission to access the location of the user’s device. 

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https://play.google.com/store/apps/details?id=com.subway.mobile.subwayapp03&hl=en_US 

15. The Subway App stores data on items the consumer has expressed interest. 

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16. The Subway server receives results from a database search and delivers product 

information, including price, which may differ from store to store. 

 

17. When location access is enabled, upon attempting to order from a Subway location 

too far away, the user’s device receives an in-app visual notification indicating the location is too 

far away. 

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18. When a user views the favorites or recent orders menu, Subway initiates a search 

for nearby stores currently stocking the product and what the price of the product is 

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19. Subway receives results from the database search and delivers the product 

information, including price, which may differ from store to store. 

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COUNT I 

(Infringement of U.S. Patent No. 8,055,285) 

20. Aeritas incorporates paragraphs 1 through 19 as though fully set forth 

herein. 

21. Plaintiff is the owner, by assignment, of U.S. Patent No. 8,055,285 (the 

“’285 Patent”), entitled MIXED-MODE INTERACTION, which issued on November 8, 

2011. A copy of the ’285 Patent is attached as Exhibit PX-285. 

22. The ’285 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code. 

23. Subway has been and are now infringing one or more claims of the ’285 

Patent under 35 U.S.C. § 271 by making and using the Subway App with users’ iOS and 

Android devices and the Subway server in the United States without authority. 

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24. Subway has also infringed the ’285 Patent by encouraging users of the 

Subway App to use the user’s iOS or Android devices with the Subway App to practice 

the claims of the ’285 Patent. 

25. Claim 1 recites: 

1. A method, comprising: 

at a first time, receiving and storing an input in a user profile in a 

database, the input comprising consumer interest data; 

at a second time distinct from the first time, obtaining data 

identifying a current location of the mobile communication 

device; 

based on the input stored in the user profile and the current 

location of the mobile communication device, initiating a 

search to locate information pertinent to the input; 

receiving results derived from the search; and 

in response to the input and the search, delivering, by a 

notification server, information to the mobile 

communications device. 

26. More particularly, Subway infringes at least claim 1 of the ’285 Patent. 

Subway receives and stores an input in a user profile in a database, the input comprising 

consumer interest data. At a second time, data identifying a current location of the mobile 

communications device on which the Accused Instrumentality is installed is obtained. 

Based on the input and location, Subway performs a search to locate pertinent 

information (e.g., nearby stores) and receive the results of such search, distance from 

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mobile device. Subway then provides the information to the mobile communications 

device. 

27. Aeritas has been damaged by Subway’s infringing activities. 

COUNT II 

(Infringement of U.S. Patent No. 9,390,435) 

28. Aeritas incorporates paragraphs 1 through 19 as though fully set forth 

herein. 

29. Plaintiff is the owner, by assignment, of U.S. Patent No. 9,390,435 (the 

“’435 Patent”), entitled MIXED-MODE INTERACTION, which issued on February 6, 

2018. A copy of the ’435 Patent is attached as Exhibit PX-435. 

30. The ’435 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code. 

31. Subway has been and are now infringing one or more claims of the ’435 

Patent under 35 U.S.C. § 271 by making and using the Subway App with users’ iOS and 

Android devices and the servers in the United States without authority. 

32. Subway has also infringed the ’435 Patent by encouraging users of the 

Subway App to use the user’s iOS or Android devices with the Subway App to practice 

the claims of the ’435 Patent. 

33. Claim 1 recites: 

1. Apparatus, comprising: 

a processor; 

computer memory holding computer program instructions to: 

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receive first data indicating a permission to provide a mobile device 

user a notification, the notification having an associated 

notification criteria; 

at a given time, determine a location of a mobile device; 

based at least in part on a determined location of the mobile device 

and the notification criteria, to provide to the mobile device 

the notification, the notification being associated at the 

mobile device with one of: an audible, visual and tactile 

alert; 

receive second data as a result of an input being received at the 

mobile device following the notification; 

retrieve information associated with the input and the determined 

location of the mobile device; and 

provide to the mobile device a response to the input, the response 

based on the retrieved information. 

34. More particularly, Subway infringes at least claim 1 of the ’435 Patent. On 

information and belief, Subway employs a processor and computer memory holding 

computer program instructions to perform the functions described herein. Subway 

receives data indicating permission to provide a notification to a mobile device user in 

accordance with notification criteria. At a given time, Subway determines the location of 

the mobile device. Based on the location and notification criteria, Subway provides at 

least a visual alert notification. Subway receives second data as a result of an input being 

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received at the mobile device, retrieves information associated with the input and 

location, and provides responsive information to the mobile device. 

35. Aeritas has been damaged by Subway’s infringing activities. 

COUNT III 

(Infringement of U.S. Patent No. 9,888,107) 

36. Aeritas incorporates paragraphs 1 through 19 as though fully set forth 

herein. 

37. Plaintiff is the owner, by assignment, of U.S. Patent No. 9,888,107 (the 

“’107 Patent”), entitled MIXED-MODE INTERACTION, which issued on February 6, 

2018. A copy of the ’107 Patent is attached as Exhibit PX-107. 

38. The ’107 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code. 

39. Subway has been and are now infringing one or more claims of the ’107 

Patent under 35 U.S.C. § 271 by making and using the Subway App with users’ iOS and 

Android devices and the Subway servers in the United States without authority. 

40. Subway has also infringed the ’107 Patent by encouraging users of the 

Subway App to use the user’s iOS or Android devices with the Subway App to practice 

the claims of the ’107 Patent. 

41. Claim 5 recites: 

5. Apparatus, comprising: 

a processor; 

computer memory holding computer program instructions to: 

receive first data indicating a permission to provide a mobile device 

user a notification, the notification having an associated 

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notification criteria; 

at a given time, determine a location of a mobile device; 

based at least in part on a determined location of the mobile device 

and the notification criteria, to provide to the mobile device 

the notification, the notification being associated at the 

mobile device with one of: an audible, visual and tactile alert; 

receive second data as a result of an input being received at the 

mobile device following the notification; 

retrieve information associated with the input and the determined 

location of the mobile device; and 

provide to the mobile device a response to the input, the response 

based on the retrieved information; 

wherein the computer program instructions comprise a rules engine 

that comprises first and second components, a first 

component that evaluates the notification criteria, and a 

second component that executes notification rules. 

42. More particularly, Subway infringes at least claim 5 of the ’107 Patent. On 

information and belief, Subway employs a processor and computer memory holding 

computer program instructions to perform the functions described herein. Subway 

receives data indicating permission to provide a notification to a mobile device user in 

accordance with notification criteria. At a given time, Subway determines the location of 

the mobile device. Based on the location and notification criteria, Subway provides at 

least a visual alert notification. Subway receives second data as a result of an input being 

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received at the mobile device, retrieves information associated with the input and 

location, and provides responsive information to the mobile device. On information and 

belief, the program instructions include first and second components of a rules engine to 

evaluate notification criteria and execute notification rules. 

43. Aeritas has been damaged by Subway’s infringing activities. 

COUNT IV 

(Infringement of U.S. Patent No. 10,362,160) 

44. Aeritas incorporates paragraphs 1 through 19 as though fully set forth herein. 

45. Plaintiff is the owner, by assignment, of U.S. Patent No. 10,362,160 (the 

“’160 Patent”), entitled MIXED-MODE INTERACTION, which issued on July 23, 2019. 

A copy of the ’160 Patent is attached as Exhibit PX-160. 

46. The ’160 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code. 

47. Subway has been and are now infringing one or more claims of the ’160 

Patent under 35 U.S.C. § 271 by making and using the Subway App with users’ iOS and 

Android devices and the Subway servers in the United States without authority. 

48. Subway has also infringed the ’160 Patent by encouraging users of the 

Subway App to use the user’s iOS or Android devices with the Subway App to practice 

the claims of the ’160 Patent. 

49. Claim 1 recites: 

1. Apparatus, comprising: 

a processor; 

computer memory holding computer program instructions to: 

receive first data indicating a permission to provide a mobile device 

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user a notification, the notification having an associated 

notification criteria; 

at a given time, receive information identifying a determined 

location of a mobile device; 

based at least in part on a determined location of the mobile device 

and the notification criteria, to provide to the mobile device 

the notification, the notification being associated at the 

mobile device with one of: an audible, visual and tactile 

alert; 

receive second data as a result of an input being received at the 

mobile device following the notification; 

retrieve information associated with the input and the determined 

location of the mobile device; and 

provide to the mobile device a response to the input, the response 

based on the retrieved information. 

50. More particularly, Subway infringes at least claim 1 of the ’160 Patent. On 

information and belief, Subway employs a processor and computer memory holding computer 

program instructions to perform the functions described above. Subway receives data indicating 

permission to provide a notification to a mobile device user in accordance with notification criteria. 

At a given time, Subway determines the location of the mobile device. Based on the location and 

notification criteria, Subway provides at least a visual alert notification, retrieves information 

associated with the input and location, and provides responsive information to the mobile device. 

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On information and belief, the program instructions include first and second components of a rules 

engine to evaluate notification criteria and execute notification rules. 

51. Aeritas has been damaged by Subway’s infringing activities. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff respectfully requests the Court enter judgment against 

Defendant: 

1. declaring that the Defendant has infringed the ’285, the ’435, the ’107, 

and the ’160 Patents; 

2. awarding Plaintiff its damages suffered as a result of Defendant’s 

infringement of the ’285, the ’435, the ’107, and the ’160 Patents; 

3. awarding Plaintiff its costs, attorneys’ fees, expenses, and interest; and 

4. granting Plaintiff such further relief as the Court finds appropriate. 

JURY DEMAND 

Plaintiff demands trial by jury, Under Fed. R. Civ. P. 38. 

Dated: February 11, 2020 Respectfully submitted, 

/s/ Raymond W. Mort, III 

Raymond W. Mort, III 

Texas State Bar No. 00791308 

raymort@austinlaw.com 

THE MORT LAW FIRM, PLLC 

100 Congress Ave, Suite 2000 

Austin, Texas 78701 

Tel/Fax: (512) 865-7950 

ATTORNEYS FOR PLAINTIFF 

 AERITAS, LLC 

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