Walgreen Co. is suing CVS Caremark Corp., Rite Aid Corp. and Shopko Stores Operating Co. for patent infringement regarding "refill by scan" technology in their mobile applications.


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Walgreens sues CVS, Rite Aid, Shopko over mobile Rx tech

February 3rd, 2014

NEW YORK – Walgreen Co. is suing CVS Caremark Corp., Rite Aid Corp. and Shopko Stores Operating Co. for patent infringement regarding "refill by scan" technology in their mobile applications.

Walgreens filed lawsuits against CVS, Rite Aid and Shopko on Friday in U.S. District Court in Delaware. Mobile pharmacy technology provider mscripts LLC is also named in the suit against Shopko.

Specifically, Walgreens charges the three chains with violating "refill by scan" functionality covered by U.S. Patent No. 8,626,530 (the "530 Patent"), titled "System and Method for Express Refill," which Walgreens said it was issued on Jan. 7, 2014.

Walgreens noted in the suits that it "owns, offers and operates" mobile apps for iPad, iPhone, Windows Phone, Android and BlackBerry devices that include the refill scanning capability protected by the 530 patent. Walgreens claims CVS, Rite Aid, Shopko and mscripts are using the technology without a license in mobile apps.

The "refill by scan" technology enables smartphone users to order refills by scanning a prescription bar code with their mobile device's camera. Walgreens launched the Refill by Scan tool in November 2010, and the drug chain later added Transfer by Scan functionality.

In the suits, Walgreens seeks unspecified damages from CVS, Rite Aid, Shopko and mscripts for the alleged patent infringement as well as a court order for them to stop using the technology covered by the patent.

CVS declined to comment on the pending litigation. Rite Aid and Shopko couldn't immediately be reached for comment.

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