VDPP, LLC v. PENNEY OPCO LLC, d/b/a/ JCPENNEY

2:26-cv-00051

Overview

Case Number 2:26-cv-00051

Filing Date 2026-01-22

Status Litigation filed

Court District Court, E.D. Texas (txed)

Presiding Judge Rodney Gilstrap

Nature of Suit 830 Patent

Jurisdiction Type Federal Question

Cause of Action 35:271 Patent Infringement

Jury Demand Both

Parties

Consol Defendant

Home Depot U.S.A., Inc.

Represented By

5 Attorneys Listed

Michael G Strapp

DLA Piper LLP US

Tel: +1 (617) 406-6031

Fax: +1 (617) 406-6174

33 Arch Street, Ste 26th Floor

Stuart Hene

Findlay Craft, P.C.

Tel: +1 (903) 534-1100

7270 Crosswater Avenue, Suite B, Tyler, TX 75703

Jackob Ben-Ezra

DLA Piper LLP (US)

Tel: +1 (713) 425-8431

Fax: +1 (713) 300-6031

845 Texas Avenue, Suite 3800

Hayley Michelle Ostrin

Dla Piper

Tel: +1 (202) 799-4271

Fax: +1 (202) 799-5271

Dla Piper, 500 Eight Street NW

Eric Hugh Findlay

Findlay Craft, P.C.

Tel: +1 (903) 534-1100

Fax: +1 (903) 534-1137

7270 Crosswater Avenue, Suite B

Target Corporation

Represented By

6 Attorneys Listed

Nicholas James Valencia

Fish & Richardson P.C.

Tel: +1 (713) 654-5300

909 Fannin Street, Suite 2100

Lance Eric Wyatt , Jr

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 760-6155

1717 Main Street, Suite 5000, Dallas, TX 75201

Alexander Hale Martin

Fish & Richardson

Tel: +1 (915) 241-0022

Fax: +1 (214) 747-2091

Fish & Richardson, 1717 Main Street

Ricardo Joel Bonilla

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5071

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Noel Franco Chakkalakal

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Neil J McNabnay

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Jamba Juice LLC

Represented By

6 Attorneys Listed

Nicholas James Valencia

Fish & Richardson P.C.

Tel: +1 (713) 654-5300

909 Fannin Street, Suite 2100

Lance Eric Wyatt , Jr

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 760-6155

1717 Main Street, Suite 5000, Dallas, TX 75201

Alexander Hale Martin

Fish & Richardson

Tel: +1 (915) 241-0022

Fax: +1 (214) 747-2091

Fish & Richardson, 1717 Main Street

Ricardo Joel Bonilla

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5071

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Noel Franco Chakkalakal

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Neil J McNabnay

Fish & Richardson P.C. - Dallas

Tel: +1 (214) 747-5070

Fax: +1 (214) 747-2091

1717 Main Street, Suite 5000, Dallas, TX 75201

Macy's Corporation Services, LLC d/b/a Macy's

Represented By

2 Attorneys Listed

Kent E Baldauf , Jr.

The Webb Law Firm

Tel: +1 (412) 471-8815

Fax: +1 (412) 471-4094

One Gateway Center, Ste. 1200, 420 Ft. Duquesne Boulevard

Bryan P Clark

The Webb Law Firm

Tel: +1 (412) 471-8815

Fax: +1 (412) 471-4094

One Gateway Center, Ste. 1200, 420 Ft. Duquesne Boulevard

Defendant

PENNEY OPCO LLC, d/b/a/ JCPENNEY

Represented By

3 Attorneys Listed

Talbot Richard Hansum

Norton Rose Fulbright US LLP - Austin

Tel: +1 (512) 536-3018

Fax: +1 (512) 536-4598

98 San Jacinto Boulevard, Suite 1100

Peter Mifflin Hillegas

Norton Rose Fulbright US LLP - Austin

Tel: +1 (512) 536-2402

Fax: +1 (512) 536-4598

98 San Jacinto Boulevard, Suite 1100

Robert L Greeson

Norton Rose Fulbright US LLP

Tel: +1 (214) 855-7430

Fax: +1 (214) 855-8200

2200 Ross Avenue, Suite 3600

Plaintiff

VDPP, LLC

Represented By

2 Attorneys Listed

William P Ramey , III

Ramey LLP

Tel: +1 (713) 426-3923

Fax: +1 (832) 900-4941

446 Heights Blvd., Ste 200

Jacob Bruce Henry

Ramey LLP

Tel: +1 (713) 426-3923

Fax: +1 (832) 900-4941

446 Heights Blvd., Suite 200

Court & Judges

Court

District Court, E.D. Texas (txed)

Presiding Judge

Rodney Gilstrap

Patents Involved

1 Patent

There is a single patent involved in this case.

Application Number	Patent Number	External Links
-	US9948922	Espacenet Google Patents

Docket Entries

COMPLAINT against PENNEY OPCO LLC, d/b/a/ JCPENNEY ( Filing fee $ 405 receipt number ATXEDC-11326269.), filed by VDPP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet) (Counsel is reminded to file form required by LR CV-4(a).)(Ramey, William) (Entered: 01/22/2026)

2026-01-22

View

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 01/22/2026)

2026-01-22

View

Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by VDPP, LLC (Ramey, William) (Entered: 01/22/2026)

2026-01-22

View

NOTICE Notice of Related Cases by VDPP, LLC (Attachments: # 1 Exhibit A)(Ramey, William) (Entered: 01/22/2026)

2026-01-22

View

VDPP, LLC v. PENNEY OPCO LLC, d/b/a/ JCPENNEY

Overview

Parties

Consol Defendant

Home Depot U.S.A., Inc. Follow

Represented By

Target Corporation Follow

Represented By

Jamba Juice LLC Follow

Represented By

Macy's Corporation Services, LLC d/b/a Macy's Follow

Represented By

Defendant

PENNEY OPCO LLC, d/b/a/ JCPENNEY Follow

Represented By

Plaintiff

VDPP, LLC Follow

Represented By

Court & Judges

Patents Involved

Docket Entries

Notice of Filing of Patent/Trademark Form (AO 120). AO 120 emailed to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 01/22/2026)

Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by VDPP, LLC (Ramey, William) (Entered: 01/22/2026)

NOTICE Notice of Related Cases by VDPP, LLC (Attachments: # 1 Exhibit A)(Ramey, William) (Entered: 01/22/2026)

Summons issued as to PENNEY OPCO LLC, d/b/a/ JCPENNEY. (mdj) (Entered: 01/23/2026)

Clerk's New Suit Notice

Case Assigned/Reassigned

Case assigned to District Judge Rodney Gilstrap. (mdj)

Case: VDPP, LLC v. PENNEY OPCO LLC, d/b/a/ JCPENNEY was filed on 01/23/2026 and assigned to Judge Gilstrap. The Notice Regarding Consent to Proceed Before Magistrate Judge form is provided via hyperlink. (mdj)

Summons returned executed by VDPP, LLC. PENNEY OPCO LLC, d/b/a/ JCPENNEY served on 2/13/2026. (Ramey, William) (Entered: 02/13/2026)

Unopposed Application for Extension of Time to Answer Complaint filed by PENNEY OPCO LLC, d/b/a/ JCPENNEY. Summons originally served on 02/13/2026. Agreed new answer date is 04/06/2026.(Greeson, Robert) (Entered: 02/25/2026)

Unopposed Application for Extension of Time to Answer Complaint is granted. PENNEY OPCO LLC, d/b/a/ JCPENNEY answer is now due 4/6/2026. (Text entry only, no document attached.)(mdj) (Entered: 02/25/2026)

Clerk's Entry re Unopposed Application for Extension of Time to Answer Complaint

MOTION to Dismiss for Failure to State a Claim by PENNEY OPCO LLC, d/b/a/ JCPENNEY. (Attachments: # 1 Proposed Order)(Greeson, Robert) (Entered: 04/06/2026)

RESPONSE in Opposition re 9 MOTION to Dismiss for Failure to State a Claim filed by VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 04/20/2026)

ORDER (Scheduling Conference set for 5/28/2026 at 09:30 AM before District Judge Rodney Gilstrap). Signed by District Judge Rodney Gilstrap on 04/23/2026. (mdj) (Entered: 04/27/2026)

REPLY to Response re 9 MOTION to Dismiss for Failure to State a Claim filed by PENNEY OPCO LLC, d/b/a/ JCPENNEY. (Hansum, Talbot) (Entered: 04/27/2026)

NOTICE of Attorney Appearance by Eric Hugh Findlay on behalf of Home Depot U.S.A., Inc. (Findlay, Eric) (Entered: 04/29/2026)

FIRST AMENDED COMPLAINT against Home Depot U.S.A., Inc., filed by VDPP, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Ramey, William) (Entered: 05/04/2026)

SUR-REPLY to Reply to Response re 9 MOTION to Dismiss for Failure to State a Claim filed by VDPP, LLC. (Ramey, William) (Entered: 05/04/2026)

MOTION to Dismiss Plaintiff's First Amended Complaint (Dkt. 14 in Member Case) for Failure to State a Claim by Macy's Corporation Services, LLC d/b/a Macy's. (Attachments: # 1 Proposed Order)(Baldauf, Kent) (Entered: 05/15/2026)

NOTICE of Attorney Appearance by Stuart Hene on behalf of Home Depot U.S.A., Inc. (Hene, Stuart) (Entered: 05/18/2026)

MOTION to Dismiss First Amended Complaint by Home Depot U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Strapp, Michael) (Entered: 05/18/2026)

NOTICE of Attorney Appearance by Jackob Ben-Ezra on behalf of Home Depot U.S.A., Inc. (Ben-Ezra, Jackob) (Entered: 05/19/2026)

NOTICE of Attorney Appearance by Hayley Michelle Ostrin on behalf of Home Depot U.S.A., Inc. (Ostrin, Hayley) (Entered: 05/19/2026)

NOTICE of Attorney Appearance by Nicholas James Valencia on behalf of Jamba Juice LLC, Target Corporation (Valencia, Nicholas) (Entered: 05/21/2026)

NOTICE of Attorney Appearance by Alexander Hale Martin on behalf of Jamba Juice LLC, Target Corporation (Martin, Alexander) (Entered: 05/21/2026)

NOTICE of Attorney Appearance by Jacob Bruce Henry on behalf of VDPP, LLC (Henry, Jacob) (Entered: 05/26/2026)

NOTICE of Attorney Appearance by Peter Mifflin Hillegas on behalf of PENNEY OPCO LLC, d/b/a/ JCPENNEY (Hillegas, Peter) (Entered: 05/26/2026)

NOTICE of Attorney Appearance by Lance Eric Wyatt, Jr on behalf of Jamba Juice LLC, Target Corporation (Wyatt, Lance) (Entered: 05/26/2026)

NOTICE of Attorney Appearance by Michael G Strapp on behalf of Home Depot U.S.A., Inc. (Strapp, Michael) (Entered: 05/28/2026)

ANSWER to 1 Complaint, against Target Corporation, COUNTERCLAIM against VDPP, LLC by Target Corporation.(McNabnay, Neil) (Entered: 05/29/2026)

Fed. R. Civ. P. 7.1(a)(1) Disclosure Statement filed by Target Corporation (McNabnay, Neil) (Entered: 05/29/2026)

RESPONSE re 17 MOTION to Dismiss Plaintiff's First Amended Complaint (Dkt. 14 in Member Case) for Failure to State a Claim filed by VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 05/29/2026)

RESPONSE in Opposition re 19 MOTION to Dismiss First Amended Complaint Plaintiff's Response in Opposition to Defendant's Motion to Dismiss filed by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Exhibit A, # 2 Proposed Order)(Ramey, William) (Entered: 06/01/2026)

Notice of Magistrate Judge Availability

REPLY to Response re 17 MOTION to Dismiss Plaintiff's First Amended Complaint (Dkt. 14 in Member Case) for Failure to State a Claim filed by Macy's Corporation Services, LLC d/b/a Macy's. (Baldauf, Kent) (Entered: 06/05/2026)

REPLY to Response re 19 MOTION to Dismiss First Amended Complaint Under Fed. R. Civ. P. 12(b)(6) filed by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Strapp, Michael) (Entered: 06/08/2026)

UNOPPOSED MOTION for Extension of Deadlines for JCPenney's P.R. 3-3 and 3-4 Disclosures and Subject-Matter Eligibility Contentions by PENNEY OPCO LLC, d/b/a/ JCPENNEY. (Attachments: # 1 Proposed Order)(Hansum, Talbot) (Entered: 06/09/2026)

Scheduling Conference/Case Management Conference

MOTION Entry of Discovery Order by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 06/11/2026)

MOTION to Withdraw 36 MOTION Entry of Discovery Order by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 06/11/2026)

CORRECTED MOTION to Withdraw 37 MOTION to Withdraw 36 MOTION Entry of Discovery Order, 36 MOTION Entry of Discovery Order by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 06/11/2026)

AGREED MOTION Entry of Discovery Order by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 06/11/2026)

ANSWER to 15 Amended Complaint, Additional Defenses, and, COUNTERCLAIM against VDPP, LLC by Home Depot U.S.A., Inc..(Strapp, Michael) (Entered: 06/12/2026)

SUR-REPLY to Reply to Response re 17 MOTION to Dismiss Plaintiff's First Amended Complaint (Dkt. 14 in Member Case) for Failure to State a Claim filed by VDPP, LLC, VDPP, LLC. (Ramey, William) (Entered: 06/12/2026)

DISCOVERY ORDER. Signed by District Judge Rodney Gilstrap on 06/15/2026. (mdj) (Entered: 06/16/2026)

AGREED MOTION for Protective Order by VDPP, LLC, VDPP, LLC. (Attachments: # 1 Proposed Order)(Ramey, William) (Entered: 06/18/2026)

NOTICE of Compliance with Initial & Additional Disclosures by Home Depot U.S.A., Inc. (Strapp, Michael) (Entered: 06/18/2026)

ANSWER to 28 Answer to Complaint, Counterclaim, COUNTERCLAIM against Target Corporation by VDPP, LLC, VDPP, LLC.(Ramey, William) (Entered: 06/19/2026)

ORDER granting 44 Motion for PROTECTIVE ORDER. Signed by District Judge Rodney Gilstrap on 06/23/2026. (mdj) (Entered: 06/23/2026)

NOTICE of Voluntary Dismissal by VDPP, LLC, VDPP, LLC (Ramey, William) (Entered: 06/26/2026)

FILED IN ERROR-UNOPPOSED MOTION to Extend Deadlines to Serve Invalidity Contentions by Home Depot U.S.A., Inc.. (Attachments: # 1 Proposed Order)(Strapp, Michael) Modified on 6/30/2026 (mdj). (Entered: 06/29/2026)

UNOPPOSED MOTION to Amend/Correct 43 Order,, Set/Reset Deadlines/Hearings, (Corrected Motion) by Home Depot U.S.A., Inc.. (Attachments: # 1 First Amended Docket Control Order)(Strapp, Michael) (Entered: 06/30/2026)

FIRST AMENDED DOCKET CONTROL ORDER. Signed by District Judge Rodney Gilstrap on 07/01/2026. (mdj) (Entered: 07/01/2026)

ORDER Dismissing Member Case 2:26cv173 WITH PREJUDICE. Signed by District Judge Rodney Gilstrap on 07/01/2026. (mdj) (Entered: 07/02/2026)

ANSWER to 40 Answer to Amended Complaint, Counterclaim, COUNTERCLAIM against Home Depot U.S.A., Inc. by VDPP, LLC, VDPP, LLC.(Ramey, William) (Entered: 07/02/2026)

MOTION to Strike Plaintiff's Untimely and Deficient Infringement Contentions by Home Depot U.S.A., Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Proposed Order)(Strapp, Michael) (Entered: 07/06/2026)

RESPONSE re 54 MOTION to Strike Plaintiff's Untimely and Deficient Infringement Contentions filed by VDPP, LLC, VDPP, LLC. (Ramey, William) (Entered: 07/13/2026)

REPLY to Response re 54 MOTION to Strike Plaintiff's Untimely and Deficient Infringement Contentions filed by Home Depot U.S.A., Inc.. (Strapp, Michael) (Entered: 07/20/2026)

Home Depot U.S.A., Inc.

Target Corporation

Jamba Juice LLC

Macy's Corporation Services, LLC d/b/a Macy's

PENNEY OPCO LLC, d/b/a/ JCPENNEY

VDPP, LLC