"The Walt Disney Co.'s (NYSE: DIS) Disney Genie and Genie+ technologies which are used in theme parks, including Walt Disney World in Orlando, are the focal point of a lawsuit filed by a California-based theme park tech firm.
Glendale, California-based Agile Journeys LLC filed a lawsuit Dec. 2 with the U.S. District Court for the Middle District of Florida Fort Myers Division.
The suit alleges patent infringement of one of Agile Journeys' patents in relation to Disney's digital personalized itinerary tech, Disney Genie and Disney Genie+. The latter is a paid version released in 2021 that provides add-ons such as ride time reservations.
Agile Journeys alleges Disney infringes on Agile Journeys' patent published in 2002, dubbed "Method and Apparatus for Providing Visitors with a Personalized Itinerary and Managed Access to Attractions," which describes a personalized itinerary system for attraction visitors. The lawsuit alleges Agile Journeys has been damaged by Disney.
"Disney has infringed and continues to infringe (literally and/or under the doctrine of equivalents), directly, indirectly, and/or through subsidiaries, agents, representatives or intermediaries, one or more claims of the [patent] by making, using, testing, supplying, causing to be supplied, selling and/or offering for sale in the United States the Disney Genie system, including the Disney Genie App," alleges the lawsuit.
The lawsuit also alleges Disney was aware of the existence of Agile Journeys' technology dating back to 2002. It alleges Agile's patent co-inventor William Gibbens Redmann was in contact with Disney representatives regarding the technology. The patent's other co-inventor is Michael Anthony Eaton.
The lawsuit contains alleged emails between Redmann and Disney representatives regarding having a discussion over the technology.
The lawsuit also alleges that Disney attempted to patent its own system multiple times, which the lawsuit alleges included applications that were "rejected" or where Agile's patent was cited when being reviewed.
"Notwithstanding Disney’s knowledge of [Agile's patent], Disney has knowingly or with reckless disregard willfully infringed the [patent]. Disney has acted despite an objectively high likelihood that its actions constituted infringement of the [patent]. The objective risk that Disney infringed the [patent] was known or so obvious that it should have been known to Disney," alleged the lawsuit.
Steven Gautier Koeppel, attorney at Ft. Myers-based Yeslow & Koeppel PA, represents Agile Journeys LLC, according to the documents. Disney did not have an attorney listed in the documents as of Dec. 5.
The lawsuit requests a jury trial and seeks:
▪A judgment that Disney infringed on one more more claims of the patent
▪A judgement and order requiring Disney to pay Agile Journeys "enhanced damages" for the infringement
▪A judgement and order requiring Disney to pay Agile Journeys royalties going forward
Neither Disney, Redmann, Eaton or Koeppel could be reached for comment."