In 2025, Whataburger Restaurants LLC became involved in multiple patent infringement lawsuits filed in the U.S. District Court for the Eastern District of Texas, a jurisdiction well-known for intellectual property litigation. Two notable plaintiffs, Nearby Systems LLC and Torus Ventures LLC, have accused Whataburger of infringing upon their patents related to mobile application technology and security protocols.
Nearby Systems LLC Patent Infringement Lawsuit
Nearby Systems LLC filed a lawsuit on November 20, 2024, alleging that Whataburger’s mobile app infringed on several patents owned by Nearby Systems. Among these patents is U.S. Patent No. 9,532,164, which claims aspects of a mapping component in a non-browser mobile application that interfaces with an online mapping service to display map content.
Nearby Systems contends that Whataburger’s app uses a “flying W” location indicator transmitted to an online mapping service configured to communicate with their app in a manner infringing on their patent. The plaintiff seeks injunctive relief to prevent Whataburger from using the technology and monetary damages for the alleged infringement.
Torus Ventures LLC Patent Infringement Lawsuit
On February 16, 2025, Torus Ventures LLC initiated a lawsuit accusing Whataburger of infringing on its patented security protocol system related to digital copyright control, originally patented in 2007. The complaint alleges that Whataburger made, used, sold, and marketed products incorporating this patented technology without authorization.
Torus Ventures seeks monetary damages as well as attorney fees and demands a jury trial. The case was consolidated with other related patent infringement cases in the Eastern District of Texas to streamline pretrial proceedings.
Whataburger’s Legal Position and Responses
Whataburger has generally declined detailed public comment on the pending litigation but has contested the allegations in court, seeking dismissal of claims and asserting non-infringement. In similar past cases, Whataburger has argued the patents are either invalid or not applicable to its technology.
The company is currently focused on defending itself robustly while continuing its business expansions and operations, including recent entry into new markets beyond Texas.
Industry Context and Implications
These patent infringement lawsuits against Whataburger reflect a broader trend of intellectual property disputes within the restaurant and technology sectors, where innovations in mobile ordering, customer engagement, and digital security are increasingly targeted by patent owners.
The outcomes of these cases could significantly influence the technology features deployed by Whataburger and similar brands, as well as future development strategies in mobile applications for restaurants.
Conclusion
Whataburger’s 2025 patent infringement lawsuits highlight the complex interaction between technology innovation and intellectual property rights enforcement in the quick-service restaurant industry. As the legal battles unfold, both plaintiffs and Whataburger navigate the balance between protecting patent rights and fostering technological advancement.
The litigation underscores the importance for restaurant chains incorporating digital services to proactively manage patent risks while innovating customer engagement and operational efficiency.
