SAN FRANCISCO – A San Francisco-based luxury skincare company is suing a Florida shipping company and is seeking declaratory judgment of non-infringement of a U.S. patent.
Tatcha LLC filed a lawsuit Feb. 1 in the U.S. District Court for the Northern District of California District Court against Shipping and Transit LLC, over a dispute involving U.S. Patent No. 7,400,970.
According to the suit, the ‘970 patent is titled System and Method for a Notification System for Monitoring and Reporting Proximity of a Vehicles and the defendant owns all rights, title and interest to it. It is used for methods and systems form tracking the location of vehicles carrying packages being shipped and it shows where the package is located for customers, the complaint states.
The suit states that Shipping and Transit targeted Tatcha with a letter falsely alleging patent infringement and demanded a settlement. Tatcha sends its packages via a courier and does not track the package or any vehicle that carries the package, among other alleged infringements against the patent, the suit states.
Tatcha is seeking, through a jury trial, a declaration that its services do not infringe against the patent, that the ‘970 patent claims are invalid, and to be awarded the costs of suit. Brian E. Mitchell and Marcel F. De Armas of Mitchell and Co. in San Francisco will represent the plaintiff.
U.S. District Court for the Northern District of California Case number 3:16-cv-00539