The complaint

The case is Gumersindo Martinez v. ServeCo North America, LLC, Tony Milano, Toni Milano, Chris Schall, and Michele Zanin, No. 1:26-cv-05875 (N.D. Ga., Atlanta Division), a 41-page complaint with a jury demand filed October 12, 2026, ECF No. 1. Count I pleads patent infringement under 35 U.S.C. 271, Count II pleads misappropriation under the Defend Trade Secrets Act, 18 U.S.C. 1836, and Count III pleads violations of the Georgia Uniform Deceptive Trade Practices Act, O.C.G.A. 10-1-370 and following. Martinez asks for a permanent injunction, damages including lost sales and profits and at least a reasonable royalty, disgorgement of profits, an accounting, and attorneys' fees and costs. The complaint says it names the four individuals in their capacity as corporate officers of ServeCo. The docket shows Judge Michael L. Brown signing the case's standing order and the order setting the hearing (ECF Nos. 8, 9).

What the patent covers

U.S. Patent 12,618,781, titled System and Methods for Detecting Mattress Defects, issued May 5, 2026, and names Martinez as applicant and assignee. Claim 1 covers a system for analyzing a mattress for depressions in its top surface, meaning sunken areas where no object is resting. The system has a detection device with an elongate guide rail held above and parallel to the mattress on a pair of support legs, and a control housing that slides along the rail carrying a measurement laser aimed straight down at the mattress and a microcontroller that receives the measured depression depths. A user application on a computing device receives the measurements and treats the mattress as defective when a depression exceeds a pre-defined threshold, while the rail is moved step by step from one edge of the mattress to the other. (U.S. Patent 12,618,781 claim 1; Compl. paras. 38 to 43.)

What the lawsuit alleges

Martinez alleges that he developed the patented system, which uses laser technology, before his employment with ServeCo, applied for the patent before that employment, and provided a prototype to ServeCo while employed there under an administrative services agreement that he says imposed a duty of confidentiality. He alleges that ServeCo is using that prototype as "ACT Vision" to market to customers, and alleges, on information and belief, that Zanin leads ServeCo's Adaptive Core Technology work and incorporated his trade secrets into the accused product's hardware and software. Count I alleges infringement of claim 1 and, on information and belief, of claims 2 through 20, which the complaint quotes and compares to ServeCo videos and materials. The complaint also alleges a cease-and-desist letter dated August 21, 2026. (Compl. paras. 17 to 36, 42 to 89, 97 to 108.)

The restraining-order motion

Martinez moved for a temporary restraining order (ECF No. 7). The court set a hearing for October 21, 2026 (ECF No. 8; docket notice of October 19, 2026). On October 21, 2026, ServeCo and the individual defendants filed an opposition (ECF No. 15), whose exhibits include a declaratory-judgment complaint the docket identifies as the Rome action, No. 26-cv-00299-WMR, and Martinez filed a withdrawal of the motion, with an attached motion to withdraw it without prejudice (ECF No. 19).

What to watch next

Watch for the defendants' answer or motion in response to the complaint, any ruling on the withdrawal of the restraining-order motion, and any filing that ties this case to the declaratory-judgment action cited in the opposition.