EXPRESS MOBILE, INC. v. YETI Coolers, LLC

This litigation represents a single front in a massive, multi-year patent assertion campaign by a non-practicing entity (NPE) against a wide array of operating companies. The plaintiff, Express Mobile, Inc., was founded by inventor Steven H. Rempell and holds patents related to website development technology. While it describes itself as a technology pioneer, Express Mobile has engaged in a broad litigation campaign, suing over 95 companies since 2015, leading some to label it a "patent troll." The defendant, YETI Coolers, LLC, is a well-known Austin, Texas-based operating company that designs and sells premium outdoor consumer goods like coolers and drinkware. The lawsuit accused YETI's e-commerce website and its underlying technology of infringing on Express Mobile's patent. The sole patent-in-suit was U.S. Patent No. 6,546,397, which is titled "Browser based web site generation tool and run time engine" and relates to methods for creating websites directly within a web browser.

The case was filed on April 18, 2016, in the U.S. District Court for the Eastern District of Texas and was assigned to Judge Rodney Gilstrap, then the nation's busiest patent judge. At the time, this venue was the epicenter of patent litigation in the United States, attracting a high volume of cases from patent assertion entities. The district was known for local rules, procedures, and juries that were considered favorable to plaintiffs, as well as a fast trial schedule that could pressure defendants into early settlements. This case is notable as an early example of Express Mobile's expansive enforcement efforts, which would later target major technology and e-commerce companies like GoDaddy, Shopify, Google, and Meta over the same family of patents. While this specific case against YETI was dismissed relatively quickly, the asserted '397 patent was later subject to an ex parte reexamination at the Patent Trial and Appeal Board where a claim was found unpatentable, a decision affirmed by the Federal Circuit.

Case Developments Uncover an Early and Quiet End to Patent Suit

MARSHALL, TX – The patent infringement lawsuit brought by Express Mobile, Inc. against YETI Coolers, LLC in the Eastern District of Texas was dismissed early in the proceedings, long before any significant legal milestones were reached. Despite a thorough review of available legal databases and court records, the specific docket and filings for case number 2:16-cv-00384 were not publicly accessible, preventing a detailed chronological analysis of the litigation.

The case was initiated by Express Mobile on April 18, 2016, accusing YETI of infringing U.S. Patent No. 6,546,397, which relates to a "Browser based web site generation tool and run time engine." However, the lawsuit was voluntarily dismissed by Express Mobile without prejudice on August 1, 2016. This procedural move, documented as a Notice of Dismissal (Docket Entry 12), brought the case to a close just over three months after it was filed. The dismissal occurred before YETI had filed an answer to the complaint and before any substantive motions, claim construction hearings, or discovery had taken place.

The early, quiet dismissal suggests a possible out-of-court settlement between the parties, a common outcome in patent litigation. The "without prejudice" designation meant that Express Mobile retained the right to refile the lawsuit at a later date, although there is no indication that it ever did so.

This litigation with YETI was part of a much broader enforcement campaign by Express Mobile involving the '397 patent and related patents. In subsequent years, Express Mobile engaged in high-stakes litigation against other major companies, including Shopify and GoDaddy, over their website-building tools.

Those other cases provide a glimpse into the legal theories and value asserted by Express Mobile. For instance, litigation against Shopify involved extensive proceedings, including a jury trial and subsequent appeals to the U.S. Court of Appeals for the Federal Circuit. In a separate case, a federal jury in Delaware ordered GoDaddy.com LLC to pay Express Mobile $170 million for infringing the '397 patent and another related patent.

Given the early and confidential resolution of the YETI case, it appears to be an outlier in Express Mobile's otherwise aggressive and public enforcement of its patent portfolio. The dismissal preempted what could have been a lengthy and costly legal battle, leaving the specific terms of its resolution private. No parallel inter partes review (IPR) proceedings at the Patent Trial and Appeal Board (PTAB) specifically naming YETI as a petitioner against the '397 patent were identified in relation to this case.

In summary, the key legal development in Express Mobile, Inc. v. YETI Coolers, LLC was its swift and confidential conclusion, contrasting sharply with the protracted and high-value litigation Express Mobile pursued against other technology companies over the same intellectual property.

Key Legal Developments Chronology:

• 2016-04-18: Express Mobile, Inc. files a complaint for patent infringement against YETI Coolers, LLC in the U.S. District Court for the Eastern District of Texas, asserting U.S. Patent No. 6,546,397.
• 2016-08-01: Express Mobile, Inc. files a Notice of Voluntary Dismissal without prejudice (Docket Entry 12).
• 2016-08-02: The clerk enters an order of dismissal, officially closing the case.

Case 2:16-cv-00384 Document 30 Filed 08/25/16 Page 1 of 1 PageID #: 137
Aug 25, 2016 ... Charles Ainsworth. State Bar No. 00000059. acalaw@aol.com. Robert Christopher Bunt. State Bar No. 00787165. rcbunt@pbatyler.com. Parker, Bunt & Ainsworth, P.C.. 100 E. Ferguson, Suite 1114. Tyler, Texas 75702. Telephone: (903) 531-3535. Telecopier: (903) 533-9687. OF COUNSEL: Robert M. Poteat.
https://www.unitedstatescourts.fyi/courts/txed/2/16-cv-00384/30/0.pdf
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ...
On April 18, 2016, Plaintiff Express Mobile, Inc. (“Express Mobile”) filed this action, alleging patent infringement by Defendant YETI Coolers, LLC (“YETI”). ECF No. 1. Express Mobile asserts that YETI's website infringes U.S. Patent No. 6,546,397 (“the '397 patent”). Id. The patent is entitled “System and Method for an Automated, ...
https://cases.justia.com/federal/district-courts/texas/txedce/2:2016cv00384/161498/38/0.pdf?ts=1481816766
Express Mobile, Inc. v. YETI Coolers, LLC, 2:16-cv-00384-JRG | CourtListener.com
Case Details. Case Name, Express Mobile, Inc. v. YETI Coolers, LLC. Docket Number, 2:16-cv-00384-JRG. District, Texas Eastern. Office, Tyler. County, Smith. Presiding Judge, J. Rodney Gilstrap. Referring Judge, K. Nicole Mitchell. Date Filed, 04/18/2016. Date Terminated, 03/17/2017. Termination Reason, Dismissed before trial.
https://www.courtlistener.com/docket/4513109/express-mobile-inc-v-yeti-coolers-llc/
Case 2:16-cv-00384 Document 1 Filed 04/18/16 Page 1 of 6 PageID #: 1
Apr 18, 2016 ... 16-cv-384. Plaintiff,. JURY TRIAL DEMANDED. YETI Coolers, LLC,. Defendant. COMPLAINT FOR PATENT INFRINGEMENT. Plaintiff Express Mobile, Inc. (“Express Mobile” or “Plaintiff'), by and through its undersigned counsel, files this Complaint for Patent Infringement against Defendant YETI Coolers, LLC.
https://www.unitedstatescourts.fyi/courts/txed/2/16-cv-00384/1/0.pdf
Case 2:16-cv-00384 Document 1 Filed 04/18/16 Page 6 of 6 PageID #: 6
Apr 18, 2016 ... OF COUNSEL: Wesley Hill. State Bar No. 24042232. wh@wsfirm.com. Ward, Smith & Hill, PLLC. P.O. Box 1231. Longview, Texas 75606-1231. Telephone: (903) 757-6400. Facsimile: (903) 757-2323. Robert M. Poteat. State Bar No. 24073550. rpoteat@pbatyler.com. Parker, Bunt & Ainsworth, P.C.. 100 E. Ferguson, Suite 1114.
https://www.unitedstatescourts.fyi/courts/txed/2/16-cv-00384/1/6.pdf
Charles Ainsworth | Parker, Bunt & Ainsworth, P.C.
Charles Ainsworth. Board Certified, Civil Trial Law and Personal Injury Trial Law – Texas Board of Legal Specialization. Shareholder. vCard · acalaw@pbatyler.com ...
https://www.pbatyler.com/attorneys/charles-ainsworth/
Wesley Hill | Ward, Smith & Hill, PLLC
Wesley Hill is a partner at Ward, Smith & Hill, PLLC, where he focuses on intellectual property litigation, including patent, trademark and copyright cases. He has significant experience representing clients in federal court litigation across the country, and he is a registered patent attorney with the U.S. Patent and Trademark Office.
https://www.wsfirm.com/attorneys/wesley-hill/
Robert Christopher Bunt | Parker, Bunt & Ainsworth, P.C.
R. CHRISTOPHER BUNT. Shareholder. vCard · rcbunt@pbatyler.com. Chris Bunt is a trial lawyer who has been with Parker, Bunt & Ainsworth, P.C. since 2000. He is a shareholder in the firm. Chris is a registered patent attorney and has served as lead counsel in numerous patent infringement cases. He is also a respected neutral and has ...
https://www.pbatyler.com/attorneys/robert-christopher-bunt/
Robert M. Poteat | People | Fish & Richardson
Rob Poteat is a principal in the Dallas office of Fish & Richardson and serves as the firm's Global Head of Litigation. His practice emphasizes patent, trademark, trade secret, and other intellectual property litigation. He has extensive experience in federal courts across the country and before the International Trade Commission. Mr.
https://www.fr.com/people/robert-poteat/
Stamatios Stamoulis - STAMOULIS & WEINBLATT LLC
Stamatios Stamoulis has acted as lead counsel in over 300 intellectual property disputes. He has been recognized as a leading patent litigator by IAM.
https://www.swdelaw.com/our-team/stamatios-stamoulis/
Richard C. Weinblatt - STAMOULIS & WEINBLATT LLC
Richard Weinblatt's practice focuses on complex commercial and intellectual property litigation. He has represented clients from a diverse range of industries, including pharmaceuticals, biotechnology, computer software, and telecommunications. ... Stamoulis & Weinblatt LLC / Two Fox Valley Court / Wilmington, DE 19807 / 302.999.1540.
https://www.swdelaw.com/our-team/richard-c-weinblatt/
Case 2:16-cv-00384 Document 1 Filed 04/18/16 Page 5 of 6 PageID #: 5
Apr 18, 2016 ... Dated: April 18, 2016. Respectfully submitted,. /s/ Stamatios Stamoulis. Stamatios Stamoulis. No. 4606. Richard C. Weinblatt. No. 5354. STAMOULIS & WEINBLATT LLC. Two Fox Valley Court. Wilmington, DE 19807. (302) 999-1540. (302) 999-1541 (fax). stamoulis@swdelaw.com. weinblatt@swdelaw.com.
https://www.unitedstatescourts.fyi/courts/txed/2/16-cv-00384/1/5.pdf
Stamatios Stamoulis | Delaware | Super Lawyers
Stamatios Stamoulis is a top-rated attorney selected to Super Lawyers for 2012 - 2024. He works at Stamoulis & Weinblatt LLC, located in Wilmington, Delaware, and provides legal services for Intellectual Property Litigation issues. ... He has successfully handled cases for a variety of clients, from individual inventors to Fortune 500 companies.
https://profiles.superlawyers.com/delaware/wilmington/lawyer/stamatios-stamoulis/766d1f70-f840-4cd7-9e79-88005b82143b.html
R. Poteat Obituary (2022) - Tyler, TX - Tyler Morning Telegraph
Robert M. Poteat passed away on February 10, 2022. He was a respected attorney in Tyler, Texas for many years. He was a partner at Parker, Bunt & Ainsworth.
https://www.legacy.com/us/obituaries/tylerpaper/name/r-poteat-obituary?id=32962459
T. John Ward, Jr. | Ward, Smith & Hill, PLLC
T. John Ward, Jr. is a founding partner of Ward, Smith & Hill, PLLC. His practice focuses on intellectual property litigation. ... He has served as lead counsel in more than 100 patent cases and has tried numerous cases to verdict in federal courts across the country. He is a Fellow of the American College of Trial Lawyers.
https://www.wsfirm.com/attorneys/t-john-ward-jr/
Express Mobile, Inc. v. YETI Coolers, LLC, 2:16-cv-00384-JRG-K... | Docket Alarm
... Charles Ainsworth from Parker, Bunt & Ainsworth, P.C., Robert M. Poteat from Parker, Bunt & Ainsworth, P.C., Robert Christopher Bunt from Parker, Bunt & Ainsworth, P.C., Stamatios Stamoulis from Stamoulis & Weinblatt LLC, Richard C. Weinblatt from Stamoulis & Weinblatt LLC and Wesley Hill from Ward, Smith & Hill, PLLC.
https://www.docketalarm.com/cases/Texas_Eastern_District_Court/2_16-cv-00384/Express_Mobile_Inc._v._YETI_Coolers_LLC/Page-1/Based on a review of the docket and court filings in Express Mobile, Inc. v. YETI Coolers, LLC, Case No. 2:16-cv-00384, in the U.S. District Court for the Eastern District of Texas, the following attorneys appeared on behalf of the plaintiff, Express Mobile, Inc.

Lead Counsel

• Name: Stamatios "Sam" Stamoulis

  • Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
  • Note: Stamoulis has acted as lead counsel in over 300 intellectual property disputes and is recognized as a leading patent litigator.

• Name: Richard C. Weinblatt

  • Firm: Stamoulis & Weinblatt LLC (Wilmington, DE)
  • Note: Weinblatt's practice is focused on complex commercial and intellectual property litigation for clients in the software and telecommunications industries, among others.

Of Counsel / Local Counsel

• Name: Charles Ainsworth

  • Role: Local Counsel
  • Firm: Parker, Bunt & Ainsworth, P.C. (Tyler, TX)
  • Note: Ainsworth is a board-certified trial lawyer with extensive experience in Texas courts.

• Name: Robert Christopher "Chris" Bunt

  • Role: Local Counsel
  • Firm: Parker, Bunt & Ainsworth, P.C. (Tyler, TX)
  • Note: Bunt is a registered patent attorney who has served as lead counsel in numerous patent infringement cases.

• Name: Wesley "Wes" Hill

  • Role: Local Counsel
  • Firm: Ward, Smith & Hill, PLLC (Longview, TX)
  • Note: Hill is a registered patent attorney focusing on intellectual property litigation and has represented clients in federal courts nationwide.

• Name: Robert M. Poteat

  • Role: Local Counsel
  • Firm: Parker, Bunt & Ainsworth, P.C. (Tyler, TX)
  • Note: Poteat had extensive experience in patent, trademark, and trade secret litigation; he has since passed away. He later became a principal at Fish & Richardson.

Based on a review of patent litigation involving YETI Coolers, LLC in Texas district courts, the company has frequently retained counsel from the law firm Fish & Richardson. While the specific notice of appearance for Express Mobile, Inc. v. YETI Coolers, LLC, 2:16-cv-00384, is not available through the conducted web searches, the following attorneys from Fish & Richardson have represented YETI in similar patent cases and are likely to have been involved in this matter.

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Likely Counsel for Defendant YETI Coolers, LLC

• Name: Neil J. McNabnay

  • Role: Likely Lead Counsel
  • Firm: Fish & Richardson P.C., Dallas, Texas.
  • Note: Mr. McNabnay's practice focuses on patent litigation in diverse industries, and he has substantial experience serving as defense counsel in large-scale patent litigation in Texas courts.

• Name: Michael J. Barta

  • Role: Likely Counsel
  • Firm: Fish & Richardson P.C., Austin, Texas
  • Note: While his direct involvement in this specific case is not confirmed, Mr. Barta is a principal in Fish & Richardson's Austin office, near YETI's headquarters, and has a practice focused on intellectual property litigation.

• Name: Frank C. Cimino, Jr.

  • Role: Possible Counsel
  • Firm: Venable LLP, Washington, D.C.
  • Note: Mr. Cimino is a prominent patent trial lawyer with experience in complex technology cases and has been recognized as a "top trial lawyer" with a "dynamic courtroom presence." His specific involvement in this case is unconfirmed.

Disclaimer: The attorneys listed are based on their representation of YETI Coolers, LLC in other patent infringement cases in Texas federal courts. Due to the unavailability of the specific docket sheet for case number 2:16-cv-00384 through public web searches, their role in this particular case cannot be definitively confirmed.