The parties and the court
The case is All Plastic, Inc. d/b/a Bud Bar Displays v. Guangdong Mayway Technology Co. Ltd., No. 1:26-cv-02965 (W.D. Tex.), filed October 20, 2026, in the Austin Division. The complaint says All Plastic is a California corporation with its principal place of business in Rancho Cordova, California, that it and its predecessors have been in operation for over 30 years making containers and displays, and that it manufactures nearly all of its products and components in the United States. It says that after medical cannabis became legal in California in 1996, All Plastic became one of the first domestic manufacturers of containers and displays for cannabis and hemp dispensaries, and that its products are sold across the United States, including in Texas, and in other countries, including Canada and the Netherlands. It names its Puffer Pod display container as one of its products and says its products are protected by its U.S. utility and design patents.
The complaint alleges, on information and belief, that Guangdong Mayway Technology Co. Ltd. is a Chinese company doing business under numerous storefronts using variations of the names Mayway or Maywaysky on e-commerce sites such as Alibaba.com and myShopify.com.
Seven patents, six from one family
The complaint asserts five utility patents and two design patents. Each names All Plastic, Inc. of Rancho Cordova, California, as assignee on its face, and the complaint alleges that All Plastic owns the entire right, title, and interest in each. Six of the seven trace back through a chain of continuations and continuations-in-part to the same 2019 design application.
U.S. Patent 11,235,909, titled Display Container for Displaying a Botanical Specimen, issued February 1, 2022, from Application No. 16/874,394, filed May 14, 2020, as a continuation-in-part of a design application filed May 14, 2019, that issued as U.S. Design Patent D945,877, and it claims priority to a provisional application filed the same day. U.S. Patent 11,655,074, with the same title, issued May 23, 2023, from Application No. 17/552,992, filed December 16, 2021, as a continuation of the '909 application. U.S. Patent 11,905,069, also with the same title, issued February 20, 2024, from Application No. 17/989,464, filed November 17, 2022, as a continuation of the '074 application. The face of each of the '074 and '069 patents states that it is subject to a terminal disclaimer. U.S. Patent 12,202,645, again with the same title, issued January 21, 2025, from Application No. 18/502,643, filed November 6, 2023, as a continuation of the '069 application.
U.S. Patent 12,011,101, titled Container for Providing Aromatic Sampling and Visualization of Contents, issued June 18, 2024, from Application No. 17/230,265, filed April 14, 2021, as a continuation of Application No. 16/502,168, filed July 3, 2019.
U.S. Design Patent D1,108,253, titled Container, issued January 6, 2026, from Application No. 29/954,385, filed July 26, 2024, as a continuation-in-part of the '645 application. U.S. Design Patent D1,130,100, also titled Container, issued June 16, 2026, from Application No. 30/009,993, filed June 25, 2025, as a continuation of the D'253 application. Each design patent states a 15-year term.
The asserted claims
Count I asserts at least claim 10 of the '069 patent. It recites a display container for displaying an aromatic botanical specimen, comprising (a) a container body including a lower portion and an upper portion detachably mounted to the lower portion to enclose an interior for storing the botanical specimen and scented air having a scent of the botanical specimen, the upper portion including a top wall extending overtop of the interior and through which the botanical specimen is viewable; (b) at least one scent discharge port passing through the upper portion for providing fluid communication between the interior and an outside environment to facilitate sampling of the scented air; and (c) a vented partition separating the interior vertically into an upper compartment above the vented partition for containing the botanical specimens, and a lower compartment covered by the vented partition for containing one or more objects in fluid communication with the upper compartment through the vented partition.
Count II asserts at least claim 19 of the '074 patent. It recites a display container for displaying an aromatic botanical specimen, comprising (a) a container body enclosing an interior space for storing the botanical specimen and scented air having a scent of the botanical specimen, at least a portion of the container body being generally transparent for viewing of the botanical specimen; (b) at least one scent discharge port passing through the container body between the interior space and an environment exterior the container body, the at least one scent discharge port fixed in position relative to the interior space; and (c) an air pump coupled to the container body and manually operable to urge discharge of the scented air from the interior space to the environment through the at least one scent discharge port.
Count III asserts at least claim 1 of the '909 patent. It recites a display container for displaying an aromatic botanical specimen, comprising (a) a container body for enclosing the botanical specimen and scented air having a scent of the botanical specimen, at least a portion of the container body generally transparent to facilitate viewing of the botanical specimen; (b) at least one scent discharge port in the container body; and (c) an air pump coupled to the container body, the air pump cooperating with the container body to define an interior volume of the display container, wherein the air pump is movable between an expanded state and a contracted state, and movement of the air pump toward the contracted state reduces the interior volume for discharging the scented air from within the container body through the at least one scent discharge port. The claim adds that the interior volume comprises an air chamber of the air pump and movement of the air pump to the contracted state collapses the air chamber; that the air pump comprises a resiliently deformable bulb mounted to the container body, the bulb having a bulb interior defining the air chamber; and that when the air pump is in the expanded state, the bulb projects outwardly from an exterior surface of the container body and is depressible inwardly toward the container body to move the air pump toward the contracted state and collapse the air chamber.
Count IV asserts at least claim 1 of the '645 patent. It recites an insert for a display container, comprising (a) a vented partition positionable in an interior of the display container to separate the interior into a first compartment for containing a botanical specimen viewable through the display container and a second compartment in fluid communication with the first compartment through the vented partition; and (b) a specimen retainer coupled to and projecting from the vented partition into the first compartment for retaining the botanical specimen thereon.
Count V asserts at least claim 20 of the '101 patent. It recites a display container for botanical samples, comprising (a) an enclosure having an interior chamber for storing a botanical sample and an integrated lens overlying the chamber for viewing of the botanical sample; (b) one or more scent ports extending through the enclosure between the chamber and an outside environment, the one or more scent ports spaced apart from the lens; and (c) a plug mounted to the enclosure and sealing the one or more scent ports, at least a portion of the plug being movable away from the enclosure to expose the one or more scent ports for sampling an aroma of the botanical sample.
Counts VI and VII assert the D'253 and D'100 design patents. Each has a single claim to the ornamental design for a container, as shown and described, in seven views (perspective, right side, left side, front, rear, top plan, and bottom plan). In each, the broken lines in the figures show portions of the container that form no part of the claimed design. The complaint reproduces figures from both patents and alleges, for each, that the overall appearance of the accused container is substantially the same as the overall appearance of the claimed design and that an ordinary observer would perceive it that way.
The accused containers and storefronts
The complaint accuses two display containers. It calls them Infringing Display Container A, which it says Mayway describes as having a collapsible area to "press," and Infringing Display Container B, which it says Mayway describes as having a "cover" with "smell hole." It alleges that Mayway began offering Container A by at least July 2024 and that All Plastic found Container B listed on Mayway's Alibaba.com storefront in 2025. Container A is accused under the '069, '074, '909, and '645 utility patents and both design patents. Container B is accused under the '069, '074, '645, and '101 utility patents and the D'100 design patent.
To support the utility claims, the complaint points to Mayway's listings describing the containers as displays for buds, flowers, or herbs, with clear viewing panels, a top magnifier, and air holes or vents for smelling the contents, and, for Container A, a portion a customer presses to discharge the scent. For Container B, it cites listings describing a storage box made of acrylic with a smell hole and a magnifier, alleges that both containers can include a vented partition, and alleges, on information and belief, that a button and springs on Container B appear to act as an air pump that seals in the aroma in one position and releases it in another. Each utility patent count pleads infringement under 35 U.S.C. 271(a), literally or under the doctrine of equivalents, and each design patent count pleads direct infringement under section 271(a).
The complaint says Mayway's storefronts include at least storefronts on Alibaba.com and myShopify.com, and that it promotes the products on Instagram, YouTube, TikTok, and Facebook pages. It alleges, on information and belief, that each storefront listed in Exhibit 1 is operated by Mayway, noting that many display the same Maywaysky logo, include "mayway" in the storefront domain name, and offer similar products, and that some identify the owner as Guangdong Mayway Technology Co., Ltd. It also alleges, on information and belief, that the maywaysky.com website is Mayway's. The exhibits, including the Exhibit 1 storefront list, are not on the public docket.
Marketplace takedowns, letters, and knowledge
The complaint describes a pre-suit history running from July 2024 to March 2026. It alleges that All Plastic directed the purchase of a Container A from one of Mayway's myShopify storefronts on July 4, 2024, which, on information and belief, Mayway fulfilled through Alibaba.com Logistics. On July 23, 2024, All Plastic filed an intellectual property complaint through Alibaba's IP Protection Platform identifying the '074 patent, with a claim chart against all claims and a table of Mayway's listings. According to the complaint, Mayway filed counter-notices on July 23 and July 26, 2024, arguing that Container A did not infringe; Alibaba rejected both and removed the listings. On August 2, 2024, All Plastic filed a statement of repeat infringement covering additional listings, again identifying the '074 patent and listing other patents, including the '909 and '069 patents. The complaint says Alibaba rejected three more counter-notices, filed August 4, 7, and 12, 2024, and removed those listings too.
The complaint alleges that All Plastic emailed a cease-and-desist letter to Mayway on August 19, 2024, identifying myShopify listings for Container A and asserting the '074 patent. It alleges that Mayway replied by email on August 23, 2024. The complaint reproduces the reply, which reads in part: "Hello, first of all, I'm so sorry. We didn't know that our products were infringing. After checking your patent description, we have stopped selling them. At the same time, We have deleted all the relevant information." The complaint says that in the reply Mayway appeared to recognize that its products were infringing. It alleges that a further Mayway email on August 26, 2024, said the links All Plastic identified had been deleted. It adds that on October 6, 2025, All Plastic reported images of Container A on Mayway's Alibaba.com seller profile pages and that Alibaba said it sent the store an infringement notice.
For Container B, the complaint alleges that All Plastic filed a second Alibaba complaint on August 19, 2025, identifying the '069 patent, before it had been able to obtain a sample. It says Mayway counter-noticed the next day, arguing that Container B did not resemble the figures of the '069 patent; that Alibaba accepted the counter-notice and left the listings up; and that Alibaba rejected All Plastic's September 18, 2025 counter-appeal, which argued that Container B met at least claims 10 and 15 of the '069 patent. On October 1, 2025, according to the complaint, All Plastic emailed a second cease-and-desist letter identifying Container B listings on both myShopify.com and Alibaba.com and asserting at least one claim of each of the '069, '645, and '101 patents, among others. The complaint says All Plastic received no response.
On or around February 6, 2026, the complaint alleges, All Plastic sent letters to both Alibaba and Mayway describing its November 2025 order (discussed below), giving notice of the '909, '069, '645, '101, and D'253 patents, and attaching exemplary claim charts for both containers. It alleges that Mayway replied on February 8, 2026, that it did not operate the Mayway storefront on myShopify.com, and asserted that "Alibaba International Station has already stopped selling the patent-infringing product," which the complaint says refers to Container A. The complaint alleges, on information and belief, that the statement about the myShopify storefront was false, pointing to orders from the same storefront in 2024 and 2025 and to the same email address used in the 2024 exchange. It alleges that on March 11, 2026, All Plastic filed a third Alibaba complaint with a claim chart on the '069 patent covering both containers and an image of the August 2024 email, and that Mayway counter-noticed the same day, arguing that Container B as listed did not infringe. It alleges that Mayway's Alibaba.com storefront continues to offer Container B and, on information and belief, that its myShopify storefront remains online and continues to advertise it.
The complaint also alleges, on information and belief, that Mayway knew of the asserted patents and the infringement, pointing to the pre-suit notices, to a patent marking on All Plastic's Puffer Pod containers, and to All Plastic's patent marking web page listing the asserted patents. It alleges, on information and belief, that at least one All Plastic customer has ordered Container A or Container B from Mayway.
Willfulness
Counts I through VI each allege that the infringement has been intentional, willful, and malicious, alleging for example that Mayway received actual and/or constructive notice of the patent and of All Plastic's infringement allegations and kept making, using, offering, selling, or importing the accused containers, and each alleges that the case is exceptional. Count VII, on the D'100 patent, makes the willfulness and exceptional case allegations on information and belief.
The false advertising count
Count VIII alleges false advertising under section 43(a) of the Lanham Act, 15 U.S.C. 1125(a), on two theories. The first is that, beginning no later than 2024, a post on Mayway's myShopify storefront promoting one of its display boxes showed images of both its Container A and All Plastic's Puffer Pod container, which, the complaint says, All Plastic had customized with the name of one of its own customers. The second is that Mayway advertised and sold Container B but shipped Container A. The complaint alleges that All Plastic ordered from a myShopify listing showing Container B on or around November 13, 2025, that the shipping confirmation again depicted Container B, and that the package, which arrived on or around November 23, 2025, bore an Alibaba.com Logistics label and contained a Container A. It alleges that All Plastic's counsel ordered Container B from Mayway's Alibaba.com storefront on January 21, 2026, and again received a Container A.
The complaint alleges that these representations are literally false or, in the alternative, misleading because they misrepresent the nature and characteristics of Mayway's goods and commercial activities; that they are material; that they have the tendency and capacity to deceive and, on information and belief, have actually deceived customers; and, on information and belief, that they caused at least one All Plastic customer to stop buying the Puffer Pod container and buy the accused products from Mayway. It alleges, on information and belief, that the false advertising has been intentional, willful, and malicious, and seeks an injunction, Mayway's profits, All Plastic's actual damages, enhanced profits and damages, and attorney fees under 15 U.S.C. 1125(a), 1116, and 1117.
Jurisdiction and venue
Subject matter jurisdiction is pleaded under 28 U.S.C. 1331 and 1338(a) and 15 U.S.C. 1121(a). For personal jurisdiction, the complaint alleges that Mayway purposefully avails itself of doing business in Texas, pointing to its sales and offers to customers in the United States, including in the Western District of Texas, through its Alibaba.com and myShopify.com storefronts and social media accounts; storefront statements that it sells and ships to the United States; two examples it describes as Mayway marketing to consumers in Texas; and allegations that its conduct caused harm in Texas and that its customers and potential customers reside there. In the alternative, it pleads jurisdiction under Federal Rule of Civil Procedure 4(k)(2), alleging that the claims arise under federal law, that Mayway is not subject to jurisdiction in any state's courts of general jurisdiction, and that exercising jurisdiction is consistent with the Constitution and laws of the United States.
Venue is pleaded under 28 U.S.C. 1391, including section 1391(c)(3), on the ground that Mayway is not resident in the United States and may be sued in any judicial district. The complaint cites In re HTC Corp., 889 F.3d 1349, 1354 (Fed. Cir. 2018), and Brunette Machine Works, Ltd. v. Kockum Industries, Inc., 406 U.S. 706, 714 (1972).
Relief requested
The prayer asks for a judgment that Mayway infringed each of the seven patents under 35 U.S.C. 271 and engaged in false advertising under 15 U.S.C. 1125(a), and that these acts were intentional, willful, and malicious; an injunction against further patent infringement and false advertising by Mayway and its agents, employees, servants, attorneys, successors and assigns, and all others in privity or acting in concert with them, under 35 U.S.C. 283 and 15 U.S.C. 1116; an order directing Mayway to recall all infringing products sold or distributed and to provide full refunds; an order barring importation of the infringing products and their entry into any customhouse of the United States, citing 15 U.S.C. 1125(b); an order directing destruction of infringing products and all molds or tooling, verified by local counsel at Mayway's cost; Mayway's profits, All Plastic's actual damages, enhanced, punitive, and exemplary damages, costs, interest, and attorney fees under 15 U.S.C. 1125(a), 1116, and 1117; damages adequate to compensate for the patent infringement under 35 U.S.C. 284 and Mayway's profits under 35 U.S.C. 289, with prejudgment interest, costs, and attorney fees under 35 U.S.C. 284 and 285; and other relief. All Plastic demands a jury trial on all issues so triable.
The complaint is signed by Victoria R. M. Webb of Banner & Witcoff, Ltd. in Chicago, with Binal Patel of the firm's Chicago office and Sydney Huppert of its Washington, D.C. office, each listed as pro hac vice forthcoming. The October 20, 2026 docket entries also include the notice of filing of the patent and trademark form, AO 120 (ECF No. 2), a Rule 7 disclosure statement (ECF No. 3), two pro hac vice entries (ECF Nos. 4 and 5), a request for issuance of summons (ECF No. 6), and an entry the docket describes as miscellaneous relief (ECF No. 7). Those filings are not on the public docket, and neither are the complaint's 33 exhibits, including the copies of the patents (Exhibits 5 to 11), the Alibaba complaints and correspondence, the cease-and-desist letters, and the email exchanges, or the civil cover sheet.
What to watch next
Watch for service on Mayway and for its answer or any Rule 12 motion, including any challenge to personal jurisdiction. The case can end at any time, including by settlement or voluntary dismissal.