Analytical Technologies v. Toast: Infringement Suit Dismissed With Prejudice in 113 Days
Analytical Technologies, LLC asserted US8799083B1 — a patent covering a system and method for managing restaurant customer data elements — against Toast, Inc. in the Western District of Texas. The plaintiff voluntarily dismissed all claims with prejudice after just 113 days, before Toast filed any answer or motion for summary judgment.
A fast exit: patent suit against Toast ends before Toast answered
On February 20, 2024, Analytical Technologies, LLC filed a patent infringement action against Toast, Inc. in the Western District of Texas (Case No. 1:24-cv-00174) before Chief Judge Robert Pitman. The asserted patent, US8799083B1, covers a system and method for managing restaurant customer data elements — a technology directly relevant to Toast’s point-of-sale and restaurant management platform.
On June 11, 2024, Analytical Technologies filed a notice of voluntary dismissal with prejudice under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Because Toast had not yet served an answer or a motion for summary judgment, the notice was self-effectuating — no court order was required to terminate the case. The court subsequently ordered the case closed and directed each party to bear its own costs, expenses, and attorneys’ fees.
The 113-day lifecycle — from filing to dismissal — is notably short even for early-exit patent cases, suggesting the parties may have reached a private resolution or that the plaintiff reconsidered the merits before substantive engagement began. The with-prejudice designation bars Analytical Technologies from re-filing the same claims against Toast. What drove the dismissal, including any licensing discussions or invalidity concerns, is not reflected in the public docket.
Filing to Voluntary dismissal in 113 days
113 days — resolved well before most district court patent cases reach claim construction
Dismissed with prejudice: what the Rule 41 exit means for both parties
Rule 41(a)(1)(A)(i): self-effectuating voluntary dismissal
Under FRCP 41(a)(1)(A)(i), a plaintiff may voluntarily dismiss an action without a court order by filing a notice before the defendant serves an answer or motion for summary judgment. Because Toast had taken neither step, Analytical Technologies’ notice was self-effectuating — it terminated the case instantly upon filing. The court’s subsequent order merely confirmed closure; it was not the operative act ending the litigation.
No court merits ruling requiredWith prejudice: Analytical Technologies cannot refile these claims against Toast
A dismissal with prejudice operates as a final adjudication on the merits for res judicata purposes. Analytical Technologies is barred from asserting the same claims under US8799083B1 against Toast in future litigation. This is a materially stronger outcome for Toast than a dismissal without prejudice, which would have left re-filing risk open. The with-prejudice designation is the critical detail that distinguishes this exit from a mere procedural pause.
Permanent bar on re-filing vs. ToastPlaintiff forfeits its infringement claim — permanently as to Toast
By electing a with-prejudice dismissal, Analytical Technologies permanently relinquished its right to pursue Toast for infringement of US8799083B1. The cost-sharing order means the plaintiff also recovers no fees. Whether a private settlement was reached before the dismissal — which would not appear in the public docket — cannot be confirmed from available records. Publicly, however, this registers as a full exit with no demonstrated recovery.
No public recovery; re-filing barredToast cleared on this patent — but US8799083B1 remains enforceable against others
The dismissal resolves only the dispute between these specific parties. US8799083B1 remains a granted patent and can be asserted against other restaurant technology operators, POS vendors, or data analytics providers whose products may read on its claims. Competitors operating in adjacent spaces — customer data management, loyalty programs, CRM integrations for hospitality — should note that the patent’s enforceability is uncontested and intact.
Patent survives; other defendants at riskFull party and counsel information
| Role | Name | Type | Detail |
|---|---|---|---|
| Plaintiff | Analytical Technologies, LLC | Company | Patent assertion entity — holder of US8799083B1, restaurant customer data systemSearch in Eureka ↗ |
| Defendant | Toast, Inc. | Company | Toast, Inc. — cloud-based restaurant technology and point-of-sale platform providerSearch in Eureka ↗ |
| Plaintiff counsel | Christopher A. Honea | Attorney | Counsel for Analytical Technologies, LLCSearch in Eureka ↗ |
| Plaintiff counsel | M. Scott Fuller | Attorney | Counsel for Analytical Technologies, LLCSearch in Eureka ↗ |
| Plaintiff counsel | Randall T. Garteiser | Attorney | Counsel for Analytical Technologies, LLCSearch in Eureka ↗ |
| Plaintiff law firm | Garteiser Honea PLLC | Law Firm | Representing Analytical Technologies, LLCSearch in Eureka ↗ |
| Defendant counsel | Hailey L. Suggs | Attorney | Counsel for Toast, Inc.Search in Eureka ↗ |
| Defendant counsel | Matthew C. Powers | Attorney | Counsel for Toast, Inc.Search in Eureka ↗ |
| Defendant law firm | Graves Dougherty Hearon & Moody PC | Law Firm | Representing Toast, Inc.Search in Eureka ↗ |
| Presiding judge | Judge Robert Pitman | Judge | Texas Western District CourtSearch in Eureka ↗ |
Official order — verbatim text
The court’s order confirms that Analytical Technologies filed a notice of voluntary dismissal with prejudice under Rule 41(a)(1)(A)(i), and that because Toast had not yet served an answer or motion for summary judgment, the notice was self-effectuating — requiring no court action to take effect. The with-prejudice designation is legally significant: it converts the voluntary exit into a final adjudication on the merits for purposes of claim preclusion, permanently barring Analytical Technologies from reasserting US8799083B1 against Toast. The accompanying cost order — each party bearing its own fees and expenses — reflects the absence of any prevailing party determination.
US8799083B1 — System and Method for Managing Restaurant Customer Data
US8799083B1 (application number US13/534195) is a granted US patent covering a system and method for managing restaurant customer data elements. The patent sits at the intersection of hospitality operations technology and customer data analytics — addressing how restaurants collect, organise, and utilise customer information within a managed platform environment. Its grant as a B1 patent indicates it issued without post-grant amendment, suggesting the claims were accepted in substantially their originally filed form.
For the restaurant technology sector, this patent is strategically relevant given the rapid growth of cloud-based POS and CRM platforms — precisely the market Toast operates in. Any product that systematically captures and manages customer-level data for restaurant operators may fall within the scope of its claims. The fact that Analytical Technologies chose Toast — a leading restaurant management platform — as its first named defendant suggests a deliberate targeting of the most commercially prominent operator in this space, and the patent may be used in future actions against comparable platforms.
Should your restaurant tech product run an FTO against US8799083B1?
Any company developing or commercialising systems that manage restaurant customer data — including POS-integrated CRM, loyalty and rewards platforms, guest data analytics tools, or reservation and feedback management systems — should treat US8799083B1 as a live enforcement risk. The patent remains valid and enforceable following this dismissal. The fact that it was asserted against Toast, one of the largest restaurant technology platforms globally, confirms the patent holder’s willingness to pursue well-resourced defendants in this space.
PatSnap Eureka’s FTO Search Agent allows product and IP teams to map their restaurant customer data management architecture against the claim language of US8799083B1 in minutes. Run a structured claim-by-claim analysis, identify prior art that could support an IPR petition, and flag design-around opportunities before your next product release. For companies operating in the hospitality technology sector, a targeted FTO on this patent is a proportionate and advisable risk management step.
Run a freedom-to-operate analysis on US8799083B1 to assess your product’s exposure
Run FTO in Eureka →Similar patent cases: restaurant technology and customer data management systems
Cases involving restaurant customer data and POS system patents in the Western District of Texas, including related Garteiser Honea PLLC filings and comparable PAE enforcement actions.
What this case signals for the restaurant technology IP landscape
A fast, with-prejudice exit before any substantive response from Toast raises questions that matter beyond this single docket.
With-prejudice exits this early often signal off-docket resolution
When a plaintiff voluntarily dismisses with prejudice before the defendant has even answered, the most commercially rational explanation is typically a private settlement or licensing arrangement. No financial terms are visible in the public record, but the speed and finality of the exit — 113 days, no court filings beyond the complaint — is consistent with a negotiated outcome rather than a unilateral concession.
US8799083B1 remains a live enforcement risk for the restaurant tech sector
The dismissal does not invalidate or limit the patent. Any company operating a system for collecting, managing, or analysing restaurant customer data elements — including loyalty platforms, POS-integrated CRM tools, or third-party data aggregators — should assess whether their product architecture reads on the claims of US8799083B1. The patent holder retains full enforcement rights against all other parties.
Analytical v Toast — key questions answered
Analytical Technologies, LLC filed a patent infringement action against Toast, Inc. in the Western District of Texas on February 20, 2024, asserting US8799083B1 covering a restaurant customer data management system. On June 11, 2024, the plaintiff voluntarily dismissed all claims with prejudice under Rule 41(a)(1)(A)(i), ending the case 113 days after filing. Each party was ordered to bear its own costs.
A dismissal with prejudice means Analytical Technologies is permanently barred from reasserting the same claims under US8799083B1 against Toast in future litigation. It operates as a final adjudication on the merits for res judicata purposes. Toast cannot be sued again by this plaintiff on these specific patent claims, making this a definitively closed matter for Toast — unlike a without-prejudice dismissal, which would have left re-filing risk open.
Yes. The voluntary dismissal with prejudice resolves only the dispute between Analytical Technologies and Toast. It does not invalidate, limit, or cancel US8799083B1. The patent remains a granted US patent fully enforceable against any third party whose products or services may read on its claims. Other restaurant technology companies, POS vendors, and customer data platform operators remain potentially at risk.
The 113-day duration is notably short. Because Toast had not yet filed an answer or motion for summary judgment, the plaintiff was able to exit under Rule 41(a)(1)(A)(i) without court approval. The with-prejudice nature of the dismissal is consistent with either a private licensing or settlement agreement reached off-docket, or a unilateral decision by the plaintiff not to proceed. The public record does not reveal which scenario applies.
FRCP 41(a)(1)(A)(i) permits a plaintiff to voluntarily dismiss an action without a court order by filing a notice of dismissal before the opposing party serves an answer or motion for summary judgment. In this case, Toast had not yet taken either step, so Analytical Technologies’ notice was self-effectuating — the case terminated automatically upon filing. The court’s closure order was confirmatory rather than operative, and no judicial merits determination was made.
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