Think Computer Corporation, a company that appears to have ceased operations, has filed suit naming Square as a defendant. One patent is asserted and it relates to electronic payments that rely on a user ID token as a means of authentication (8,396,808). Think Computer is the creator of a product called FaceCash that allows customers to make electronic transactions using a digital face image for authentication. The entity sold its product as FaceCash Wallet, an application for both Apple and Android, but the Apple version has not been updated since November 2011. Additionally, the FaceCash website shows only one location where the app could be used and notes that the merchant no longer accepts FaceCash payments. Square’s electronic payment services, including Square Wallet, Square Register, and Square Cash, are accused of infringing the asserted patent. Think Computer argues that Square was aware of the company, the FaceCash product, and its pending patent as early as January 2011 when Think Computer founder Aaron Greenspan discussed the product with Square’s then-COOKeith Rabois. The complaint also states that Square accessed the FaceCash website multiple times in 2011 and that an assertion letter was sent to the company in March 2013. This is the first suit asserting the ‘808 patent and the first patent assertion litigation from Think Computer. 3/25, Northern District of California, 5:14cv01374
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