Applications Technologies, Inc. filed Applications Technologies, Inc. v. D6, LLC in the Sherman Division of the Eastern District of Texas on September 29, 2026, and demands a jury. The docket marks that first complaint, ECF No. 1, as filed in error per attorney, to be refiled. A corrected complaint, ECF No. 3, dated September 29 and docketed September 30, carries the case number 4:26-cv-01403. The case is assigned to District Judge Sean D. Jordan. Michael C. Smith of Scheef & Stone, LLP signed the corrected complaint, and its signature block lists Gregory L. Hillyer, with pro hac vice admission forthcoming. The complaint alleges that Applications Technologies is a Delaware corporation headquartered in Somerset, New Jersey.
Who the complaint names as defendants
The complaint names D6, LLC, formerly known as D6, Inc., and Edward Dominion. It alleges, on information and belief, that D6 is a Delaware limited liability company headquartered in Sulphur Springs, Texas, and that Dominion is D6's president, chief executive, and sole member, who authorizes and directs D6's activities, including development and sale of the accused products. It alleges that D6 is his alter ego and that the corporate form should be disregarded as to him.
Jurisdiction is pleaded under 28 U.S.C. 1331 and 1338, 18 U.S.C. 1836, and supplemental jurisdiction under 28 U.S.C. 1367. Venue for the patent counts is pleaded under 28 U.S.C. 1391 and 1400, on alleged acts of infringement in the district and a regular and established place of business there. Venue for the trade-secret counts is pleaded under 28 U.S.C. 1391(b)(2).
The license the complaint describes
The complaint alleges that in or about 2019 Walmart was looking for a tamper-proof package for fresh-cut fruit that would prevent leaking and provide a longer shelf life, that D6 asked Applications Technologies to develop one with Freshtech, Inc., and that D6, Applications Technologies, and Freshtech entered a Master Licensing and Commercialization Agreement in or about February 2020. It alleges that the agreement licensed patents issuing from three listed applications for commercializing cut-fruit packaging, required information Applications Technologies developed or provided to be treated as confidential, reserved its trade secrets, and included provisions under which D6 agreed not to challenge the validity or enforceability of the licensed patents and waived such defenses. It alleges that D6 terminated the agreement at or near the end of October 2023, and that the non-challenge provisions survive termination.
The patents and the claims the complaint names
Paragraph 1 alleges infringement of U.S. Patent 10,836,551 and U.S. Patent 12,486,093. Paragraph 18 says both are generally directed to packaging devices for perishable foods that use a peelable, resealable, and breathable film with atmospheric control attributes, such as perforations. Paragraphs 16 and 17 allege that the '551 patent issued on November 17, 2020, and the '093 patent on December 2, 2025, each titled Releasable Packaging Device for Packaging Food Product. Google Patents titles both Resealable packaging device and method for packaging food product and shows the same issue dates. Count I names at least claim 1 of the '551 patent and incorporates a claim chart, Exhibit 3. Count II names at least claim 1 of the '093 patent and incorporates Exhibit 4. Both counts also allege infringement of one or more claims.
Claim 1 of the '551 patent recites a resealable packaging device with a flexible base film, designed for operational connection with a container, providing a resealable connection with at least a portion of the container to provide an opening when peeled away from the container. One or more atmospheric control attributes in the film, configured as at least one perforation, provide a total open area of 1.5 x 10^-11 m2 to 1.5 x 10^-4 m2 and have a length dimension that penetrates through the film. A container has a base section connected to one or more side wall sections forming a storage structure with an open top edge for operationally connecting with the film. The film, in operational connection with the top edge, forms an inner surface defining an enclosure within which an interior atmosphere can be provided and food product can be stored, and an outer surface in contact with an exterior environment. When the film is peeled and resealed to the container, the atmospheric control attributes provide an oxygen transmission rate between the interior atmosphere and the exterior environment of at least 50 cc/100-sq inch/day, which allows respiration of the packaged food product, and maintenance of the interior atmosphere with an O2 content of at least 0.5 percent and relative humidity of at least 60 percent during at least a portion of the food product life-cycle within the enclosure.
Claim 1 of the '093 patent recites a resealable packaging device with a flexible base film designed for the same operational and resealable connection with a container. The film includes one or more atmospheric control attributes, configured as at least one micro-perforation, ranging in number from one to one thousand, with a diameter from one micron to sixty microns and a length that penetrates through the film. The attributes provide a total open area from 7.85 x 10^-13 m2 to 2.83 x 10^-6 m2; a total gas transmission rate comprising at least one of an oxygen transmission rate of 100,000 or lower and a carbon dioxide transmission rate of 200,000 or lower, each in cubic centimeters per 100 square inches per day; and a total visible seepage rate of equal to or less than 1 mL per day. The container has a base section connected to one or more side wall sections forming a storage structure with an open top edge for connecting with the film. The film, in connection with the top edge, forms an inner surface defining an enclosure for an interior atmosphere and food product, and an outer surface in contact with an exterior environment. When closed, the attributes provide an oxygen transmission rate of at least 1 cc/100-sq inch/day, which allows respiration of the packaged food product, and maintenance of the interior atmosphere with a relative humidity of at least 60 percent during at least a portion of the food product life-cycle within the enclosure.
What the complaint accuses
The complaint alleges that after D6 terminated the license, D6 sold resealable packaging, or components for assembling it, to third-party co-packers, and that Walmart then offered and sold the packages to the public. It shows an example it says was purchased from Walmart between February 2026 and May 2026 and embossed with the D6 logo. Exhibits 3 and 4, as attached to the original complaint, chart an exemplar described as a 16 oz. mango specimen. The complaint alleges that the defendants knew of the patents, or the applications that matured into them, as early as October 23, 2023. Counts I and II allege direct infringement under 35 U.S.C. 271(a), and inducement and contributory infringement under 271(b) and 271(c), literally or under the doctrine of equivalents, and allege that the infringement is willful. The counts allege that Applications Technologies is entitled to an injunction, but the prayer for relief does not list one. The prayer asks for damages under section 284, a willfulness determination, treble damages, and fees under section 285 if the case is found exceptional.
The trade-secret counts
Count III is pleaded under the Defend Trade Secrets Act, 18 U.S.C. 1836, and Count IV under the Texas Uniform Trade Secrets Act, Tex. Civ. Prac. & Rem. Code 134A.001 through 134A.008. Paragraph 31 alleges that the trade secrets include, without limitation, the creation of compatible trays; the development of film microperforations, patterns, and associated technology; specific sealing materials and conditions; and a diverse set of testing conditions for operability and shelf life preservation. The complaint alleges that Applications Technologies shared that information with the defendants under the license, on a confidential basis, and that any right to use it ended when D6 terminated the license. It alleges acquisition, disclosure, and use, including, on information and belief, disclosure to third parties in the supply chain, and it alleges that the conduct was willful and malicious. Count III asks for exemplary damages of not more than two times actual damages, plus attorneys' fees. Count IV asks for actual and exemplary damages and attorneys' fees.
What to watch next
Watch for service on D6 and Dominion and their responses to the patent and trade-secret counts, including how the defendants address the non-challenge provisions the complaint describes. The case can also end at any point, for example through a settlement or a voluntary dismissal.