Walmart Is Suing This Grocery Chain For Stealing Technology — Eat This Not That

By Ghuman

Introduction

Walmart is taking legal action against the grocery chain Eat This Not That for allegedly stealing its technology. Walmart claims that Eat This Not That has been using its patented technology to create a grocery delivery service that is similar to Walmart’s own grocery delivery service. Walmart is seeking damages for the alleged theft of its technology and is also seeking an injunction to prevent Eat This Not That from continuing to use the technology. This case is an important one for the future of technology and intellectual property rights, as it could set a precedent for how companies protect their technology from being stolen.

Walmart Is Suing This Grocery Chain For Stealing Technology

Walmart is taking legal action against a grocery chain for allegedly stealing its technology. The retail giant is suing the grocery chain, Eat This Not That, for allegedly infringing on its patents.

Walmart claims that Eat This Not That has been using its patented technology to create a “virtual grocery store” that allows customers to shop for groceries online. The technology, which Walmart has been using since 2017, allows customers to search for items, add them to their cart, and check out without ever leaving the website.

Walmart is seeking damages for the alleged infringement, as well as an injunction to prevent Eat This Not That from continuing to use the technology. The company is also asking for a jury trial.

This isn’t the first time Walmart has taken legal action against a grocery chain. In 2018, the company sued Amazon for allegedly infringing on its patents related to online grocery shopping. That case is still ongoing.

It remains to be seen how this case will play out, but it’s clear that Walmart is serious about protecting its technology. The company is sending a message to other grocery chains that it won’t tolerate any infringement on its patents.

Lots of innovations inside grocery stores have been introduced in the last few years, from Amazon and Whole Foods’ Just Walk Out technology to smart carts being used now in several supermarket chains. But one major retailer has filed a lawsuit against another for allegedly stealing one of their new features.

Earlier this week Walmart filed paperwork suing BJ’s Wholesale Club accusing it of stealing the self-checkout option available on its Sam’s Club app that it worked on perfecting for years, according to CNBC.

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The Sam’s Club Scan & Go feature launched in 2016, and BJ’s allegedly almost identical version called ExpressPay became available in late 2021. “Express Pay is an apparent copy of Sam’s Club’s Scan & Go, merely changing the in-app colors and changing the name from Scan & Go to Express Pay,” Walmart says.

The lawsuit also states that Walmart’s “innovations were simply taken without permission” by BJ’s despite multiple patents on the technology and now it is suing for “significant damage and irreparable harm.”

Sam's Club Scan & Go
Courtesy of Sam’s Club

Sam’s Club members started really taking advantage of the technology during the COVID-19 pandemic, leading Walmart to recently adopt it for Walmart+ subscribers. To use it shoppers open the app, scan the item’s barcode or search for it using the “Find an item” feature, pay once they are done, and show a digital receipt on the way out of the warehouse to an employee who scans it. It also works at Sam’s Club gas stations.

BJ's ExpressPay
Courtesy of BJ’s

On its website BJ’s says its ExpressPay option can be used by selecting “In-Club Mode” on its app, scanning the item’s barcode and adding it to your cart, paying on the app, and showing the code on the way out.

Neither Walmart nor BJ’s has responded to Eat This, Not That!‘s requests for comment.

The news of the lawsuit comes as BJ’s is gearing up to open new warehouses across the country in Michigan, Florida, and other states.