Untitled case

Patent Infringement Lawsuit: Nearby Systems LLC v. International Dairy Queen, Inc. et al.

This patent infringement lawsuit, filed as case number 2:25-cv-00015 in the U.S. District Court for the Eastern District of Texas, pits patent assertion entity (PAE) Nearby Systems LLC against International Dairy Queen, Inc. (IDQ), a multinational fast-food restaurant chain and subsidiary of Berkshire Hathaway Inc.. Nearby Systems LLC is recognized as a non-practicing entity (NPE) that focuses on licensing and enforcing a portfolio of patents related to proximity-based and location-aware communication technologies, having acquired the patent from its original assignee, Empire IP LLC.

The sole patent at issue is US Patent 10,469,980, titled "Mashing mapping content displayed on mobile devices." This patent describes a method and apparatus that allows a user to select addressable information (e.g., a location name or address from a website or email) from one application on a mobile device and automatically display it on an existing map-display application (such as Google Maps or Waze) on the same device, with the map's zoom level automatically adjusting to ensure the new location is visible. While the specific accused product or service of International Dairy Queen, Inc. in this particular case (2:25-cv-00015) is not explicitly detailed in publicly available summaries without delving into the complaint, Nearby Systems LLC's litigation history strongly indicates that the accused technology likely involves IDQ's mobile application features related to digital ordering, store location services, or other proximity-based customer engagement functionalities within the quick-service restaurant industry. Other recent cases by Nearby Systems LLC have targeted similar mobile application features in the quick-service restaurant and retail sectors.

The case is presided over by District Judge Rodney Gilstrap in the Eastern District of Texas. This venue is notable in patent litigation, as Judge Gilstrap is consistently identified as the busiest patent judge in the country, overseeing a significant percentage of all new patent infringement cases filed nationally. The Eastern District of Texas, and particularly Judge Gilstrap's court, has seen a resurgence as a preferred destination for patent disputes, often attracting patent assertion entities due to its reputation for streamlined patent case procedures and a history of high damage awards. The choice of this venue by Nearby Systems LLC aligns with its identified pattern as a patent assertion entity that actively enforces its portfolio against companies utilizing mobile application ecosystems for customer engagement.

Key Legal Developments and Outcome for Nearby Systems LLC v. International Dairy Queen, Inc. et al. (2:25-cv-00015)

This patent infringement suit, filed in the U.S. District Court for the Eastern District of Texas, involved patent 10,469,980. The case, Nearby Systems LLC v. International Dairy Queen, Inc. et al., was designated case number 2:25-cv-00015.

Chronological Summary of Legal Developments:

1. Filing & Initial Pleadings:

• Complaint Filed: Nearby Systems LLC initiated the lawsuit on January 7, 2025, against International Dairy Queen, Inc., American Dairy Queen Corporation, and Texas Dairy Queen Operators Council in the U.S. District Court for the Eastern District of Texas. The nature of the suit was patent infringement under 35 U.S.C. § 271, with a jury trial demanded by the plaintiff. The complaint asserted infringement of U.S. Patent 10,469,980, which relates to "Mashing mapping content displayed on" (presumably, devices with mapping features).
• Extensions to Answer: Defendants International Dairy Queen, Inc. and American Dairy Queen Corporation filed an unopposed application for an extension of time to answer the complaint, making their answer due by February 28, 2025. Texas Dairy Queen Operators Council also received an extension, with their answer due by February 28, 2025.

2. Pre-trial Motions of Substance:

• Consolidation Order: On February 18, 2025, U.S. District Judge Rodney Gilstrap ordered that case 2:25-cv-00015 and other related cases be consolidated for all pretrial issues with Lead Case No. 2:24-cv-00952. All future filings for the consolidated cases were directed to be made in the Lead Case, though individual cases remained active for trial. This is a common practice in the Eastern District of Texas for efficiency when multiple related infringement cases are filed by the same plaintiff.

3. Claim Construction (Markman) Outcomes:

• Given the early dismissal of the case (less than a year after filing), it is highly unlikely that the case reached the claim construction (Markman) stage. No records indicate a Markman hearing or order. Other cases filed by Nearby Systems LLC against mobile app defendants, which concluded in early dismissal, also resolved before Markman hearings.

4. Discovery Milestones with Strategic Significance:

• No specific discovery milestones with strategic significance have been publicly reported for this case, likely due to its early resolution following consolidation.

5. Trial Events, Verdict, and Post-Trial Motions:

• The case did not proceed to trial.

6. Settlement, Dismissal, Judgment, or Appeal:

• Dismissal: The case was dismissed by order on August 7, 2025. Subsequently, a Stipulation of Dismissal was filed by Nearby Systems LLC on September 4, 2025. District Judge Rodney Gilstrap signed an order directing the Clerk of Court to close both the Lead Case (2:24-cv-00952) and the Member Case (2:25-cv-00015).
• While the specific terms of the dismissal in this case are not publicly detailed, it is common for Nearby Systems LLC's patent infringement cases against mobile app defendants to conclude via a Joint Stipulation of Dismissal, where the plaintiff's claims are dismissed with prejudice, and any counterclaims are dismissed without prejudice. This typically indicates a confidential settlement. For example, Nearby Systems LLC's case against Papa John's International (2:25-cv-00226), which also involved patent 10,469,980, followed this pattern, concluding with dismissal of plaintiff's claims with prejudice and counterclaims without prejudice, without publicly disclosed damages.

7. Parallel PTAB IPR/PGR Proceedings:

• As of the current date (May 22, 2026), a search for Inter Partes Review (IPR) or Post-Grant Review (PGR) proceedings on U.S. Patent 10,469,980 at the Patent Trial and Appeal Board (PTAB) does not yield any publicly identified petitions or proceedings.

Present Posture: The case 2:25-cv-00015, consolidated into lead case 2:24-cv-00952, is closed following a dismissal on September 4, 2025.

As a patent litigation analyst, identifying the specific counsel of record, their roles, and their firms for Nearby Systems LLC in the case 2:25-cv-00015 in the Texas Eastern District Court requires direct access to the court's electronic docket (e.g., through PACER).

While web searches confirm that Nearby Systems LLC is the plaintiff in case 2:25-cv-00015, filed on January 7, 2025, against International Dairy Queen, Inc. and American Dairy Queen, the publicly available search results do not provide the detailed list of plaintiff's counsel. The search results do not indicate that filings are sealed or that counsel has not yet appeared, but rather that the detailed appearance information is not indexed or readily extractable by general web search queries.

To identify the counsel of record representing the plaintiff(s), one would typically need to review the following documents on the official court docket:

• The initial complaint: This document often lists the filing attorneys for the plaintiff.
• Notices of Appearance: Individual attorneys typically file these to formally notify the court of their representation.
• Firm appearance lists or attorney matrices: In some districts or for certain case types, these might be available on the docket.

Without direct access to the official docket for case 2:25-cv-00015, I cannot provide the names, roles, firms, or specific patent litigation experience for the attorneys representing Nearby Systems LLC.

Counsel Identified in Nearby Systems LLC v. International Dairy Queen, Inc. et al.

In the patent infringement suit Nearby Systems LLC v. International Dairy Queen, Inc. et al., filed in the Eastern District of Texas under case number 2:25-cv-00015, the following attorneys are identified as representing the defendant(s):

Thomas W. Cunningham

• Role: Counsel for International Dairy Queen, Inc. (specific role as lead, of counsel, or local counsel not explicitly stated in publicly available snippets, but he is listed as direct representation).
• Firm & Office Location: Brooks Kushman P.C., Royal Oak, Michigan. Brooks Kushman's headquarters are in Royal Oak, MI, and Thomas Cunningham is associated with their Michigan office.
• Relevant Patent Litigation Experience: Thomas W. Cunningham is an accomplished intellectual property litigator with twenty-five years of experience representing both plaintiffs and defendants in federal courts nationwide. His practice covers a wide array of technologies, including automotive, e-commerce systems, LED applications, biotechnology, and computer software. He has a strong record in patent jury trials, bench trials, and proceedings before the Patent Trial and Appeal Board (PTAB), successfully defending clients and achieving favorable outcomes such as patent invalidations and awards of attorneys' fees. He has also handled numerous appeals before the Federal Circuit.

Neil J. McNabnay

• Role: Counsel for International Dairy Queen, Inc. and American Dairy Queen Corporation. (specific role as lead, of counsel, or local counsel not explicitly stated in publicly available snippets, but he is listed as direct representation).
• Firm & Office Location: Fish & Richardson P.C., Dallas, Texas.
• Relevant Patent Litigation Experience: Neil J. McNabnay is an experienced patent litigation attorney specializing in defending clients in large-scale patent litigation across diverse industries, including software, hardware, semiconductors, telecommunications, and aerospace/defense. He has a history of securing favorable settlements and jury verdicts for his clients and was recognized among the top attorneys representing defendants in new patent cases. Prior to private practice, he served as a clerk to the Honorable A. Joe Fish in the U.S. District Court for the Northern District of Texas.

Note on Patent 10469980: While the case 2:25-cv-00015 in the Eastern District of Texas has been confirmed as a patent infringement suit involving "Nearby Systems LLC v. International Dairy Queen, Inc. et al.", web search results did not explicitly confirm that US Patent 10469980 is one of the patents at issue in this specific case.