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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

SHERMAN DIVISION

PUSH DATA LLC,

Plaintiff,

v.

ZARA USA, INC., a New York Corporation,

Defendant.

Civil Action No.:

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Push Data LLC (“Push Data” or “Plaintiff”), for its Complaint against Defendant

ZARA USA, INC. (“Zara” or “Defendant”), alleges the following:

NATURE OF THE ACTION

1. This is an action for patent infringement arising under the patent laws of the 

United States, 35 U.S.C. § 1 et seq.

THE PARTIES

2. Plaintiff Push Data is a limited liability company organized under the laws of the 

state of Delaware with a registered agent’s address at 717 North Union Street, Wilmington, DE 

19805.

3. Upon information and belief, Zara is a corporation organized and existing under 

the laws of state of New York, with a principal place of business located at 500 Fifth Avenue, 

Suite 400, New York, NY, United States, 10110 and registered service of process agent, C/O 

Corporation Service Company, 80 State Street, Albany, NY, United States, 12207. Upon 

information and belief, Zara sells and offers to sell products and services throughout the United 

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States, including in this District, and introduces products and services into the stream of 

commerce and incorporates infringing technology knowing that they would be sold in this 

District and elsewhere in the United States.

JURISDICTION AND VENUE

4. This is an action for patent infringement arising under the patent laws of the 

United States, Title 35 of the United States Code.

5. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a).

6. Venue is proper in this judicial district under 28 U.S.C. §1391(c)(3).

7. Venue is proper in this judicial district pursuant to 28 U.S.C. §1400(b). On 

information and belief, Zara has committed acts of infringement in this District and maintains 

multiple stores of places of business in the state of Texas and in this District, specifically 

including 13350, North Dallas Parkway 75240 - Dallas.

8. Upon information and belief, each Defendant is subject to this Court’s general and 

specific personal jurisdiction due at least to their substantial business in Texas and in this 

District, directly or through intermediaries, including: (i) at least a portion of the infringements 

alleged herein; and (ii) regularly doing or soliciting business, engaging in other persistent courses 

of conduct and/or deriving substantial revenue from goods and services provided to individuals 

and entities in the State of Texas.

BACKGROUND OF THE PATENTS IN SUIT

The Invention

9. Eric Morgan Dowling, Duncan Leo MacFarlane and Mark Nicholas Anastasi are 

the inventors of U.S. Patent Nos. 7,058,395 (“the ’395 patent”), 7,292,844 (“the ’844 patent”), 

and 7,212,811 (“the ’811 patent”). (See Ex. I, Dowling Decl., ¶¶ 3-4.)

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10. A true and correct copy of the ’395 patent is attached as Exhibit A. A true and 

correct copy of the ’844 patent is attached as Exhibit B. A true and correct copy of the ’811 

patent is attached as Exhibit C.1

11. Each of the patents in suit stems from an initial patent application, serial number 

09/195,171, filed on November 17, 1998, and issuing as U.S. Patent No. 6,522,874 on February 

18, 2003.

12. The patents in suit resulted from the pioneering efforts of the Inventors in the 

areas of wireless Internet services, wireless push notifications, geolocation-based services, 

targeted data dissemination to wireless mobile units, and quickly resumed wireless 

communication sessions. (See id. ¶ 18.)

13. These efforts resulted in the development of geographical web browser, methods, 

apparatus, and systems. (See id. ¶ 19.)

14. While the existing technologies provided valuable benefits, no technology existed 

to provide local broadcast information to automatically control a network application, such as a 

web browser or other applications, by selectively filtering broadcast information using a packet 

filter. (Ex. A at 2:50-62.) Instead, the technology at the time required a user to select an icon or 

manually navigate to information specific to a local area. (Id. at 2:62-64).

15. Therefore, the Inventors set out to cure these deficiencies, providing an overall 

benefit to a user. Specifically, the patents in suit were conceived to provide a user with the 

1 Each of the patents in suit has the same figures and the same substantive written description, but 

column and line number citations may differ slightly due to patent office clerical data. (See Ex. 

I, ¶ 7.) Hence in this background section, citations to the figures and specifications of the patents 

will be made with reference to the ’395 patent.

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capability to receive information based on that user’s position. (See, e.g., id. at 3:30-32 and 5:3-

5).

16. When developing the invention, the Inventors noted that typically, systems relied 

on the use of “cell data” for positional purposes. (Id. at 3:23-24.) This cell data only provided a 

coarse idea of a user’s position. (Id. at 3:25-26.)

17. As such, the Inventors contemplated the benefits of using, for example, locally 

pushed wireless packets, e.g., local broadcast domain packets, or GPS location data, providing a 

much more defined set of data that presents more opportunities for individualized transmissions. 

(Ex. A at 3:30-34.) In addition, the Inventors set out to allow the data used in these systems to 

be updated based on unsolicited pushed information packets which could trigger, for example, 

downloading of related information from the Internet. (Id. at 3:48 to 4:13.)

18. The Inventors solved these and other problems by providing systems and methods 

to enable a mobile unit to maintain a first network connection with a central server and to control 

information flow on this connection using information received on an auxiliary channel. (Id. at 

4:25-30.) 

19. For example, such systems and methods include receiving one or more 

preferences from a user, receiving at least an approximate geographical location of a particular 

user’s mobile device or unit, identifying an information item that aligns with both the users one 

or more preferences and is associated with the location of the user’s device or unit, and causing 

information related to the identified information item to be wirelessly transmitted, via a push 

message, to the user’s device without the need to maintain an active user-interactive client-server 

application layer at all times. (Id. at 23:11-37.)

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20. Figure 1 of the ’395 patent shows an exemplary overview of the invention of the 

asserted patents. In this example, mobile unit 105 is connected to both a first network 

connection 112, e.g., a cellular data network, and a second network connection 113, e.g., a WiFi 

type network coupled through the Internet. The ’395 patent describes that a local broadcast 

domain entity is, for example, a low power wireless local area network that can be connected to 

the cellular system or directly to the Internet 113, like a modern-day WiFi access point. (See id.

at 7:10-17.)

21. The exemplary mobile unit also includes a GPS receiver in communication with 

at least one GPS satellite 155. The ’395 patent teaches that the exemplary mobile unit 105 

shown in Figure 1 need not be vehicle mounted but can be implemented as a handheld unit. (See 

id. at 7:44-45, 18:18-20.) That is, the architecture of Figure 1 is what has now been ubiquitously 

adopted in modern wireless systems via smartphone and tablet technologies. (See Ex. I, ¶ 27.)

22. Each of the patents in suit incorporates by reference then co-pending application 

09/167,698, filed October 7, 1998, which issued as U.S. Patent No. 6,574,239 (the “’239 patent,” 

attached as Exhibit G). (See, e.g., Ex. A at 2:7-10.) A true and correct copy of U.S. Patent No. 

6,983,139 (“the ’139 patent”) is attached as Exhibit H.

23. The inventors of the ’239 patent are Eric Morgan Dowling and Mark Nicholas 

Anastasi, two of the Inventors on the patents in suit here. (See Ex. I, ¶ 5.)

24. Accordingly, certain concepts of the 09/167,698 application are specifically 

disclosed to be used in combination with the inventions of the ’395 patent, the ’844 patent, and 

the ’811 patent. Many of the claimed inventions in the patents in suit are bolstered by the 

incorporated by reference material. (See id. ¶ 28.)

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25. Certain exemplary disclosures in the patents in suit describe blocks that refer to 

the incorporated-by-reference disclosure of the ’239 patent. The ’239 patent explains that the 

mobile unit 105 corresponds to the remote unit 100 of Figure 1 and Figure 2 of the ’239 patent 

disclosure. (See Ex. A at 2:21-29; Ex. G at 5:42-47; Ex. I, ¶ 29.)

26. In Figure 1 of the ’395 patent, the blocks labeled Virtual Session Server 120, 

Application Program 130, Communications Server 135, and Network Server 125 are disclosed as 

being various server-side blocks of Figure 2 of the ’239 patent disclosure. (See Ex. A at 6:31-

61.)

27. Portions of the ’239 patent written description that relate to push are set forth at 

22:34-37 and 22:50-54 of the ’239 patent. (See also Ex. G at 23:14-32, 24:31-34.)

28. Embodiments involving virtual sessions with suspend/resume capabilities and 

push-specific aspects rely on the incorporated-by-reference co-pending patent application that 

eventually was patented as the ’239 patent. (See Ex. A at 1:4-15; id. at 2:7-31; Ex. I, ¶ 30.) 

These include an application identifying field, virtual sessions, and certain aspects of the 

outbound push services. (See Ex. I, ¶ 30.)

29. As shown in exemplary Figure 1 of the ’395 patent, the Virtual Sessions Server 

120 and the Communications Server 135 can act as a push server that is capable of sending push 

notifications over the cellular network’s data channel 112 or via a WiFi access point 113, 150. 

(See Ex. A fig. 1. See also Ex. G figs. 2 & 6-8.)

30. Certain inventive concepts developed by the Inventors involved technologies that 

could allow wireless push messages to be sent to one of a plurality of installed application 

programs (“Apps”) loaded into a user’s mobile device like a smartphone or a tablet computer. 

(See Ex. I, ¶ 31.)

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31. Push messages would preferably be sent over virtual sessions which had stored 

session parameters, such as what is now implemented in modern day TLS (Transport Layer 

Security) sessions right below the application layer. (See id. ¶ 32.)

32. An application-specific identifier would allow the push message to be routed to a 

specific corresponding client-side App. (See Ex. A at 13:35 to 16:7; Ex. I, ¶ 33.) The mobile unit 

would be constructed with two wireless air interfaces, one to a data service supplied by a cellular 

communications network, and another to a local broadcast domain entity such as a WiFi access 

point. (See Ex. I, ¶ 33.) At different times wireless push messages could be received via one or 

the other of these air interfaces. (See id. ¶ 33.)

33. Certain inventive concepts involved pushing a message to an App loaded into the 

mobile unit 105. (See Ex. A at 13:35 to 16:7; Ex. I, ¶ 34.) In response to the push message, a 

corresponding virtual session, such as a TLS session, can be reactivated between an App and the 

application server. (See Ex. I, ¶ 34.) Depending on the claimed embodiment, this TLS session 

reactivation can be done automatically or in response to making a user selection of a graphical 

user interface object that is made available to the user by the mobile unit 105 in response to the 

received push message. (See Ex. A at 10:2-22, 18:4-17, 19:42-53; Ex. I, ¶ 34.)

34. The Inventors contemplated that the pushed information could include application 

content or could instead include an address or reference to server-side content. (See Ex. A at 

4:25-42, 10:56-63, 22:50-54 & fig.3; Ex. I, ¶ 35.) 

35. This provided a way to send a push notification with address related information 

in it, so that the App receiving the push notification could later request further content to be 

downloaded from the application server using the address information supplied in the push 

notification message. (See id. at 10:23-64; Ex. I, ¶ 35.)

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36. The citations given in the above paragraphs, among others, also teach the concept 

of sending a push notification to a corresponding App that could then automatically download 

further content related to the push notification from the application server, without the need for 

the address to be specifically embedded into the push notification. (See Ex. I, ¶ 36.) This allows 

Apps to automatically perform client-server sync operations in response to a push notification 

message. (See id. ¶ 36.)

37. In modern day systems, this corresponds, for example, to the Android data 

message type of push notification message. (See id. ¶ 36.)

38. The Inventors specifically contemplated embodiments that involve using both the 

cellular and the WiFi connections at different times to support the same wireless push service. 

(See id. ¶ 37.)

39. For example, the initial configuration part can be performed using the cellular air 

interface. (See id. ¶ 37.) Later, the actual push can come in over the WiFi air interface. (See id.

¶ 37.) The mobile unit can roam back and forth between the cellular-data and WiFi air interfaces 

at will and the push service can still operate. Automated processing such as background 

application refresh operations can be performed in response to the push message. (See id. ¶ 37.)

40. The Inventors conceived that it would be advantageous to send a push message 

having an application identifying field, so that the user’s handset could determine to which one 

of a plurality of installed applications the push message should be directed. (See Ex. G figs.2, 6-

8. See also generally id. at 11:24 to 15:30, 21:65 to 25:14 (the written descriptions thereof 

including the written description of the alternative embodiments); Ex. I, ¶ 38.)

41. As disclosed in the ’395 patent, for example at Figures 3-5b and the related 

written descriptions, among other places, the push message can optionally cause a user-selectable 

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user interface object to be made available to the user. (See Ex. A at 13:35 to 19:11; Ex. I, ¶ 39.) 

Upon user selection, the further content can be downloaded either from address-related 

information supplied in the push message or by triggering a client-server sync type operation. 

(Id.) The data content of the push message can be used to automatically determine what actions 

to take at the mobile unit 105. (See Ex. A at 13:35-19:12, 22:50-54; Ex. I, ¶ 39.)

42. While developing their invention, the Inventors contemplated that user interest 

information would also be advantageously used with mobile wireless push services. (See Ex. A 

at 3:8-32; Ex. I, ¶ 40.) For example, an application server can receive from some unspecified 

source information about the user’s interests. (See Ex. I, ¶ 40.) In some embodiments the user 

can identify the categories of interest directly through the client-side application to the serverside application. (See Ex. A at 13:16-34, 18:4-17; Ex. I, ¶ 40.) In this example or others, the 

wireless push notification can then be sent to the corresponding user’s mobile unit conditioned 

on the user’s interests, as indicated by data structures maintained at the application server or 

coupled to the application server. (See Ex. I, ¶ 40.)

43. The Inventors also developed methods for geo-location sensitive push 

notifications. (See Ex. A at 3:8-32; Ex. I, ¶ 41.) The Inventors conceived that the GPS function 

could be built into the handset, and also that the handset could have a local broadcast domain 

connection, such as to a WiFi access point. (See Ex. I, ¶ 41.) Depending on the embodiment, the 

user’s mobile unit’s location can be ascertained from the GPS information sent from the mobile 

unit, or it can be ascertained from stored information that correlates the WiFi access point to a 

geo-location where the WiFi access point is physically located. (See id. ¶ 41.) For example, a 

given restaurant or store location can be recognized by a user device connecting through that 

location’s public WiFi channel. (See Ex. A at 11:50 to 12:11; Ex. I, ¶ 41.) Efficient locationCase 4:23-cv-00931-ALM Document 1 Filed 10/18/23 Page 9 of 25 PageID #: 9
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based wireless push services can use user-interest information plus the current location of the 

mobile unit to decide what kinds of push content the user would most likely be interested 

receiving at a particular moment. (See Ex. I, ¶ 41.) This provides geographical web browserlike functionality using push services and different types of Apps. (See Ex. A at 4:25 to 5:42; 

Ex. I, ¶ 41.) 

44. The Inventors also contemplated certain applications might use a wireless clientserver communications link to perform geographical web browser type operations. (See Ex. I, ¶ 

42.) In this case the client informs the server of, for example, a user interest. The user interest 

can then act like a search request. (See Ex. A at 10:2-22, 18:4-17, 19:42-53; Ex. I, ¶ 42.) As the 

mobile unit moves around, its GPS coordinates are periodically uploaded, or the physical 

locations of the access point to which the mobile unit is connected can be ascertained. (See Ex. 

G at 3:60-63; Ex. A at 2:7-3:22; Ex. I, ¶ 42.) If the mobile unit comes within the geographical 

vicinity of a point of presence that meets the user interest request, the wireless client-server 

session can be resumed from an inactive state to an active state and the server response can be 

sent to the mobile unit over this wireless client-server connection, which may be a virtual session 

that is resumed from an inactive state to an active state. (See Ex. G at 3:45-53; Ex. A at 2:7 to 

3:22, 10:34-64; Ex. I, ¶ 42.)

45. For example, if a user sets his or her interest to hotels and drives around, 

graphical user interface would automatically update and show the nearby hotels. (See Ex. I, ¶ 

43.) This embodiment that can be used in certain location-based type client-server Apps. (See 

id. ¶ 43.) 

46. Specific claims in the different patents in suit recite different specific client-server 

functionalities. (See Ex. I, ¶ 46.) For example, the asserted ’844 patent claims recite inventions 

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that send a push message to an App on a remote unit that uses an application-programidentifying field to identify the target App. (Id. ¶ 46.) The push message carries address 

information from which the App can download further information over a resumed virtual 

session between the App and its respective server. (Id. ¶ 46.) In other of the ’844 claims, 

different specific mobile-wireless network configurations are recited and specific client-server 

functionalities are recited where the client sends a request to a server, the server then sends a 

response that indicates the availability of new data for the App at the server, in response to this 

notification, the App then sends another request to pull the content from the server, and the 

server thus responds to the request and allows the client side App to synchronize with the server. 

(Id. ¶ 46.) All asserted claims of all asserted patents contain different recitations of specific 

wireless network configurations and different specific client-server functionalities needed to 

achieve the specific technological result of each asserted claim. (Id. ¶ 46.)

Advantage Over the Prior Art

47. At the time the Inventors were developing and patenting their inventions, wireless 

Internet-enabled devices and services were in their infancy. (See Ex. I, ¶ 64.) Internet access to 

wireless devices was not in mainstream use. (See id. ¶ 64.) Basic wireless browser and push 

functions were available in some of the earliest Internet-enabled handhelds, but nothing near 

what is in common use today. (See id. ¶ 64.)

48. Today’s wireless devices often include a large plurality of Apps, and each 

separate App has its own push notification channel, and the push messages can be sent over both 

the cellular data and the WiFi channels. (See id. ¶ 65.) At all relevant times, wireless Apps were 

not available to provide effective user-interest and geographical web browsing functions. (See 

id. ¶ 65.) Push services were not yet available that allowed similar functionality as the 

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geographical web browser. (See id. ¶ 65.) The concept of separate Apps with dedicated push 

channels to each App as regulated by a packet filter and an application-specific-ID field in the 

push packet header was not yet available. 

49. The patented inventions disclosed in the ’395 patent, the ’844 patent, and the ’811 

patent provide many advantages over the prior art, and in particular improve the operations of 

communications between client-side wireless mobile units and remote servers. (See Ex. A at 

2:54 to 4:13; Ex. I, ¶ 66.)

50. For example, the patented invention provides systems and methods to enable a 

mobile user to maintain a first network connection with a central server and to control 

information flow on this connection using information received on an auxiliary channel. (See

Ex. A at 4:26-30; Ex. I, ¶ 68.)

51. Another advantage of the patented inventions is providing systems and methods 

to enable separate Apps in the user mobile unit to stay separately connected to their respective 

corresponding application server via a separate push channel for that App. (See Ex. I, ¶ 69.) 

Each separate push channel can be implemented in such a way that there is no need to 

continuously remain connected because each such channel can preferably maintain security 

parameters and also be deactivated and reactivated with an abbreviated security handshake 

procedure. (See, e.g., Ex. G at 3:37-40, 23:14 to 24:34; see also Ex. I, ¶ 69.)

52. Certain embodiments of the patented invention also contemplated that the push 

operations would often occur over a low-power local area network channel like a local WiFi 

channel. (See Ex. A at 1:45 to 2:6; Ex. I, ¶ 70.) While such functionality is common today, the 

earliest mobile units in their infancy at the time with web browser functionality only used 

cellular channels like SMS and wireless HTTP. (See Ex. I, ¶ 70.) The prior art did not 

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contemplate push services that would allow wireless Internet data-channel roaming between a 

data access channel provided by the cellular service operator network and a data access channel 

provided by a wireless access point such as a WiFi access point. (See id. ¶ 70.)

53. The present invention contemplates that some of the inventive methods can be 

used with user wireless mobile devices that provide both cellular data connectivity and WiFi data 

connectivity and roam between the two access types. (See Ex. A at 4:26 to 5:42; Ex. I, ¶ 71.) 

For example, the wireless mobile unit can configure the push notification service for a given App 

using a first wireless interface, such as cellular Internet channel, and later respond to a push 

message for that App that came in over a second wireless interface, such as a WiFi channel. (See

Ex. I, ¶ 71.) In a claimed embodiment, in response to the push, the App will perform automated 

background application refresh type operations. (See id. ¶ 71.)

54. Certain embodiments of the present invention provide specific location-based 

types of push services that were not available in the prior art. (See Ex. I , ¶ 72.) For example, a 

user interest indication can be provided to the server-side application from either the mobile unit 

of a third party or can otherwise be inferred by the server based on user actions. (See id. ¶ 72.) 

In such cases, the mobile unit’s GPS coordinates or the mobile unit’s data access connection 

point can be ascertained and converted to a geographical location associated with the data access 

point to which the mobile unit is presently connected. (See id. ¶ 72.) The server-side application 

can thus keep track of the mobile unit’s present location. (See id. ¶ 72.) Push events can be 

triggered when the mobile unit becomes in a local area where a point of presence is available 

related to the user interest. (See id. ¶ 72.) At such time the push notification is sent to the mobile 

unit. (See id. ¶ 72.)

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55. As such, another advantage of the patented inventions is that a user may now 

“surf the web” or navigate mobile applications based on geographic information such as GPS 

information. (See Ex. A at 5:19-23; Ex. I, ¶ 73.)

56. An additional advantage of the patented inventions includes technology to provide 

local broadcast information to automatically control a network application using a packet filter. 

(See Ex. A at 2:57-62; Ex. I, ¶ 74.)

57. Yet another advantage of the patented inventions includes the ability to provide a 

user with a means to receive information from a first connection, such as a wireless network 

connection, based on the user’s position. (See Ex. A at 2:57-60; Ex. I, ¶ 75.)

58. Another advantage of the patented inventions is that it allows an application, like 

a web browser or another mobile app, to control the flow of information a device may receive 

based on a location-based data, such as GPS data. (See Ex. A at 3:10-15, 3:30-32; Ex. I, ¶ 76.)

59. An additional advantage of the patented inventions includes a mobile unit that can 

receive at least one transmission from a second wireless network or interface and then generate a 

request from the first wireless network connection in order to control navigation of an 

application, such as a mobile app. (See Ex. A at 3:15-19; Ex. I, ¶ 77.)

60. Another advantage of the patented inventions is that a server located on a network 

may receive these requests generated based on the above-described transmissions. (See Ex. A at 

3:15-19; Ex. I, ¶ 78.)

61. Yet another advantage of the patented invention is that a mobile unit allows for 

the use of filters, or preferences, that may be applied to the automated control, allowing certain 

information to be selectively accepted or rejected, thereby controlling the information received 

by a mobile unit. (See Ex. A at 3:51-56; Ex. I, ¶ 79.)

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62. Because of these significant advantages that can be achieved through the use of 

the patented invention, the ’395 patent, the ’844 patent, and the ’811 patent present significant 

commercial value for companies like Zara. (See Ex. I, ¶ 80.) 

63. Indeed, while such technology did not exist prior to the invention, since the 

issuance of the patents in suit, many technologies related to location-based types of push services 

have emerged, utilizing features claimed in the ’395 patent, the ’844 patent, and the ’811 patent. 

(See Ex. I, ¶ 80.)

Ownership of the Patents In Suit

64. Plaintiff is the exclusive owner of all rights, title, and interest in the patents in 

suit, including the right to exclude others and to enforce, sue and recover damages for past

infringement thereof.

NOTICE AND KNOWLEDGE OF THE PATENTS IN SUIT

65. Defendant has had knowledge of the patents in suit and its infringement since at 

least the filing of the Original Complaint in this action, or shortly thereafter, including by way of 

this lawsuit.

ACCUSED PRODUCTS AND/OR SERVICES

66. “Accused Instrumentalities” as used herein refers to at least the Zara application 

as developed for mobile electronic devices. Zara app on Apple and Google Play 

https://webcatalog.io/en/apps/zara/. Defendant manufactured, provided, used, sold, offered for 

sale, imported, and/or distributed infringing software within the effective damages window of the 

patents in suit that was used on mobile electronic devices that operates using Defendant’s servers 

and Defendant’s client-side software that is connected through networks including, for example, 

Mobile Applications, Web browser interface and/or Desktop Applications (collectively, 

“Accused Products and/or Services”).

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COUNT I – INFRINGEMENT OF U.S. PATENT NO. 7,058,395

67. The allegations set forth in the foregoing paragraphs 1 through 66 are 

incorporated into this First Claim for Relief.

68. On June 6, 2006, the ’395 patent was duly and legally issued by the United States 

Patent and Trademark Office under the title “GEOGRAPHICAL WEB BROWSER, 

METHODS, APPARATUS AND SYSTEMS” and the ’395 patent expired on or about 

November 17, 2018. 

69. Push Data is the assignee and owner of the right, title and interest in and to the 

’395 patent, including the right to assert all causes of action arising under said patent and the 

right to any remedies for infringement of it.

70. As set forth above, the inventions of the ’395 patent resolve technical problems 

related to client-server computing architecture. (See Ex. I, ¶ 44.)

71. The claims of the ’395 patent do not merely recite the performance of some 

business practice known from the pre-Internet world along with the requirement to perform it on 

the Internet. (See id. ¶ 44.)

72. Instead, the claims of the ’395 patent recite one or more inventive concepts that 

are rooted in computerized client-server computing communication technology and overcome 

problems specifically arising in the realm of computerized client-server computing architecture 

technologies. (See id. ¶ 44.)

73. The claims of the ’395 patent recite an invention that is not merely the routine or 

conventional use of computers. (See id. ¶ 45.)

74. Instead, the invention makes use of specific client-server computer architecture 

functionalities. (See id. ¶ 45.)

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75. The ’395 patent claims thus specify how computing devices and remote servers 

are manipulated to yield a desired result. (See id. ¶ 45.)

76. The technology claimed in the ’395 patent does not preempt all ways of using 

client-server computing architectures or the use of all communication session technologies, or 

any other well-known or prior art technology. (See id. ¶ 63.)

77. Each claim of the ’395 patent recites a combination of elements sufficient to 

ensure that the claim in practice amounts to significantly more than a patent on an ineligible 

concept. (See e.g., Ex. I, ¶¶ 51, 57 and 59.)

78. Upon information and belief, Zara has directly infringed under 35 U.S.C. § 

271(a), literally and/or under the doctrine of equivalents, at least one claim of the ’395 patent by 

making, using, selling, offering to sell, importing and/or providing and/or causing to be used 

products, specifically one or more mobile device applications, which by way of example include 

Zara App (the “Accused Instrumentalities”). (See e.g., Zara App, Zara app on Apple and Google 

Play https://webcatalog.io/en/apps/zara/.)

79. Upon information and belief, the exemplary versions herein and previous versions of 

the Accused Instrumentalities distributed prior to expiration of the patents in suit operated 

materially in the same manner. Original versions of Zara App were developed and copyrighted 

in or about 2017. (See https://static.zara.com/static/pdfs/US/terms-and-conditions/terms-andconditions-es_US_20181121.pdf. (last accessed and downloaded October 15, 2023)). 

Furthermore, features of the asserted claims began to emerge in Android push technologies well 

before the time of the expiration of the ’395 patent in 2018 as the features of the asserted claims 

described in the paragraphs below began to be commonly used by 2014. (See Ex. I, ¶ 48.)

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80. Upon information and belief, at relevant times the Accused Instrumentalities 

performed a method in which a remote server receives a first request from a handheld or mobile 

device, the remote server responds that there is content available related to the request, the 

remote server receives a second request from the handheld device, which is automatically 

generated by the handheld device, and, lastly, the server then couples the available content 

related to the first request to the handheld or mobile device.

81. Upon information and belief this method is performed in an environment in which 

there are at least two wireless packet network access stations, such as, for a non-limiting 

example, a cellular and WiFi network.

82. Exemplary infringement analysis showing infringement of at least claims 4 and 

22 of the ’395 patent is set forth in Exhibit D.

83. This infringement analysis is necessarily preliminary, as it is provided in advance 

of any discovery provided by Zara with respect to the ’395 patent.

84. Push Data reserves all rights to amend, supplement and modify this preliminary 

infringement analysis. 

85. Nothing in the attached chart should be construed as any express or implied 

contention or admission regarding the construction of any term or phrase of the claims of the 

’395 patent.

86. The Accused Instrumentality infringed at least claims 4 and 22 of the ’395 patent 

during the pendency of the ’395 patent.

87. Push Data has been harmed by Zara’s infringing activities regarding the ’395 

patent.

COUNT II – INFRINGEMENT OF U.S. PATENT NO. 7,292,844

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88. The allegations set forth in the foregoing paragraphs 1 through 87 are 

incorporated into this Second Claim for Relief.

89. On November 6, 2007, the ’844 patent was duly and legally issued by the United 

States Patent and Trademark Office under the title “GEOGRAPHICAL WEB BROWSER, 

METHODS, APPARATUS AND SYSTEMS” and the ’844 patent expired on or about 

November 17, 2018. 

90. Push Data is the assignee and owner of the right, title and interest in and to the 

’844 patent, including the right to assert all causes of action arising under said patent and the 

right to any remedies for infringement of it.

91. As set forth above, the inventions of the ’844 patent resolve technical problems 

related to client-server computing architecture. (See Ex. I, ¶ 44.)

92. The claims of the ’844 patent do not merely recite the performance of some 

business practice known from the pre-Internet world along with the requirement to perform it on 

the Internet. (See id. ¶ 44.) 

93. Instead, the claims of the ’844 patent recite one or more inventive concepts that 

are rooted in computerized client-server computing communication technology and overcome 

problems specifically arising in the realm of computerized client-server computing architecture 

technologies. (See id. ¶ 44.)

94. The claims of the ’844 patent recite an invention that is not merely the routine or 

conventional use of computers. (See id. ¶ 45.)

95. Instead, the invention makes use of specific client-server computer architecture 

functionalities. (See id. ¶ 45.)

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96. The ’844 patent claims thus specify how computing devices and remote servers 

are manipulated to yield a desired result. (See id. ¶45.)

97. The technology claimed in the ’844 patent does not preempt all ways of using 

client-server computing architectures or the use of all communication session technologies, or 

any other well-known or prior art technology. (See id. ¶ 63.)

98. Each claim of the ’844 patent recites a combination of elements sufficient to 

ensure that the claim in practice amounts to significantly more than a patent on an ineligible 

concept. (See e.g., Ex. I, ¶¶ 50 and 53-56.)

99. Upon information and belief, Zara has directly infringed under 35 U.S.C. § 

271(a), literally and/or under the doctrine of equivalents, at least one claim of the ’844 patent by 

making, using, selling, offering to sell, importing and/or providing and/or causing to be used 

products, specifically one or more mobile device applications, which by way of example include 

Zara App (the “Accused Instrumentalities”). (See e.g., Zara app on Apple and Google Play 

https://webcatalog.io/en/apps/zara/).

100. Upon information and belief, the exemplary versions herein and previous 

versions of the Accused Instrumentalities distributed prior to expiration of the patents in suit 

operated materially in the same manner. Original versions of Zara App were developed and 

copyrighted in or about 2017. (See https://static.zara.com/static/pdfs/US/terms-andconditions/terms-and-conditions-es_US_20181121.pdf. (last accessed and downloaded October 

15, 2023)). (last accessed and downloaded October 15, 2023)). Furthermore, features of the 

asserted claims began to emerge in Android push technologies well before the time of the 

expiration of the ’844 patent in 2018 and the features of the asserted claims described in the 

paragraphs below began to be commonly used by 2014. (See Ex. I, ¶ 48.)

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101. Upon information and belief, at relevant times the Accused 

Instrumentalities performed a method in which a remote server receives a first request from a 

handheld or mobile device, the remote server responds that there is content available related to 

the request, the remote server receives a second request from the handheld device, which is 

automatically generated by the handheld device, and, lastly, the server then couples the available 

content related to the first request to the handheld or mobile device.

102. Upon information and belief this method is performed in an environment in which 

there are at least two wireless packet network access stations, such as, for a non-limiting 

example, a cellular and WiFi network.

103. Exemplary infringement analysis showing infringement of at least claims 1, 25, 

32, 37 and 46 of the ’844 patent is set forth in Exhibit E.

104. This infringement analysis is necessarily preliminary, as it is provided in advance 

of any discovery provided by Zara with respect to the ’844 patent.

105. Push Data reserves all rights to amend, supplement and modify this preliminary 

infringement analysis. 

106. Nothing in the attached chart should be construed as any express or implied 

contention or admission regarding the construction of any term or phrase of the claims of the 

’844 patent.

107. The Accused Instrumentality infringed at least claims 1, 25, 32, 37, and 46 of the 

’844 patent during the pendency of the ’844 patent.

108. Push Data has been harmed by Zara’s infringing activities regarding the ’844 

patent.

COUNT III – INFRINGEMENT OF U.S. PATENT NO. 7,212,811

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109. The allegations set forth in the foregoing paragraphs 1 through 108 are 

incorporated into this Third Claim for Relief.

110. On May 1, 2007, the ’811 patent was duly and legally issued by the United States 

Patent and Trademark Office under the title “GEOGRAPHICAL WEB BROWSER, 

METHODS, APPARATUS AND SYSTEMS” and the ’811 patent expired on or about 

November 17, 2018. 

111. Push Data is the assignee and owner of the right, title and interest in and to the 

’811 patent, including the right to assert all causes of action arising under said patent and the 

right to any remedies for infringement of it.

112. As set forth above, the inventions of the ’811 patent resolve technical problems 

related to client-server computing architecture. (See Ex. I, ¶ 44.)

113. The claims of the ’811 patent do not merely recite the performance of some 

business practice known from the pre-Internet world along with the requirement to perform it on 

the Internet. (See id. ¶ 44.)

114. Instead, the claims of the ’811 patent recite one or more inventive concepts that 

are rooted in computerized client-server computing communication technology and overcome 

problems specifically arising in the realm of computerized client-server computing architecture 

technologies. (See id. ¶ 44.)

115. The claims of the ’811 patent recite an invention that is not merely the routine or 

conventional use of computers. (See id. ¶ 45.)

116. Instead, the invention makes use of specific client-server computer architecture 

functionalities. (See id. ¶ 45.)

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117. The ’811 patent claims thus specify how computing devices and remote servers 

are manipulated to yield a desired result. (See id. ¶ 45.)

118. The technology claimed in the ’811 patent does not preempt all ways of using 

client-server computing architectures or the use of all communication session technologies, or 

any other well-known or prior art technology. (See id. at ¶ 63.)

119. Each claim of the ’811 patent recites a combination of elements sufficient to 

ensure that the claim in practice amounts to significantly more than a patent on an ineligible 

concept. (See e.g., Ex. I, ¶¶ 52 and 58.)

120. Upon information and belief, Zara has directly infringed under 35 U.S.C. § 

271(a), literally and/or under the doctrine of equivalents, at least one claim of the ’811 patent by 

making, using, selling, offering to sell, importing and/or providing and/or causing to be used 

products, specifically one or more mobile device applications, which by way of example include 

Zara App (the “Accused Instrumentalities”). (See e.g., Zara app on Apple and Google Play 

https://webcatalog.io/en/apps/zara/).

121. Upon information and belief, the exemplary versions herein and previous versions 

of the Accused Instrumentalities distributed prior to expiration of the patents in suit operated 

materially in the same manner. Original versions of Zara App were developed and copyrighted 

in or about 2017. (See https://static.zara.com/static/pdfs/US/terms-and-conditions/terms-andconditions-es_US_20181121.pdf (last accessed and downloaded October 15, 2023)). 

Furthermore, features of the asserted claims began to emerge in Android push technologies well 

before the time of the expiration of the ’811 patent in 2018 and the features of the asserted claims 

described in the paragraphs below began to be commonly used by 2014. (See Ex. I, ¶ 48.)

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122. Upon information and belief, at relevant times the Accused Instrumentalities 

performed a method in which a remote server receives a first request from a handheld or mobile 

device, the remote server responds that there is content available related to the request, the 

remote server receives a second request from the handheld device, which is automatically 

generated by the handheld device, and, lastly, the server then couples the available content 

related to the first request to the handheld or mobile device.

123. Upon information and belief this method is performed in an environment in which 

there at least two wireless packet network access stations, such as, for a non-limiting example, a 

cellular and WiFi network.

124. Exemplary infringement analysis showing infringement of at least claim 5 of the 

’811 patent is set forth in Exhibit F.

125. This infringement analysis is necessarily preliminary, as it is provided in advance 

of any discovery provided by Zara with respect to the ’811 patent.

126. Push Data reserves all rights to amend, supplement and modify this preliminary 

infringement analysis. 

127. Nothing in the attached chart should be construed as any express or implied 

contention or admission regarding the construction of any term or phrase of the claims of the 

’811 patent.

128. The Accused Instrumentality infringed at least claim 5 of the ’811 patent during 

the pendency of the ’811 patent.

129. Push Data has been harmed by Zara’s infringing activities regarding the ’811 

patent.

PRAYER FOR RELIEF

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WHEREFORE, Push Data demands judgment for itself and against Zara as follows:

A. An adjudication that Zara has infringed the patents in suit; 

B. An award of damages to be paid by Zara adequate to compensate Push Data for Zara’s 

past infringement of the patents in suit, including interest, costs, expenses and an 

accounting of all infringing acts including, but not limited to, those acts not presented at 

trial;

C. A declaration that this case is exceptional under 35 U.S.C. § 285, and an award of Push 

Data’s reasonable attorneys’ fees; and

D. An award to Push Data of such further relief at law or in equity as the Court deems just 

and proper.

DEMAND FOR TRIAL BY JURY

Push Data hereby demands a trial by jury on all claims so triable.

Dated: October 18, 2023 Respectfully submitted,

BEATY LEGAL PLLC 

/s/ Trevor Beaty 

Trevor Beaty 

trevor@beatylegal.com 

514 North Elm Street 

Sherman, Texas 75090 

Telephone: (903) 287-5121 

Facsimile: (903) 287-5145 

Attorneys for Plaintiff,

Push Data LLC

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