Wapp Tech Limited Partnership and its general partner Wapp Tech Corp. (collectively, “Wapp”) have filed a second pair of Eastern District of Texas suits against Bank of America (4:21-cv-00670) and Wells Fargo (4:21-cv-00671). Those new complaints come as July 2018 litigation filed by the same plaintiffs—principally against Micro Focus, as well as HP Enterprise (HPE) (the entity that sold the business offering the accused products to Micro Focus) and the two banks (as customers of those products)—is winding down. A Texas jury returned a roughly $173M verdict against Micro Focus this past March, with those parties having just settled their dispute, during posttrial briefing. Now, Wapp is accusing Bank of America and Wells Fargo of infringement through the use of Apple’s Xcode and Google’s Android Studio to create mobile banking apps for customers.
Wapp Tech Corp. and Wapp Tech Limited Partnership (collectively, Wapp Tech) have filed suit against Bank of America (4:18-cv-00519) and Wells Fargo (4:18-cv-00501), asserting the same three network simulation patents already at issue in cases filed against HP Enterprise (HPE) and Micro Focus earlier this month. Wapp Tech accuses the banks of infringement through its use of the Micro Focus mobile application testing systems previously accused, including “the LoadRunner, Performance Center, StormRunner and Mobile Center software products”. The new complaint lays the groundwork for a royalty demand that Wapp Tech indicates will be “significant” by tying its patent portfolio to the development of the “App Economy”, particularly to the banking preferences of millennials operating in that economy.
Wapp Tech Corp. and Wapp Tech Limited Partnership (collectively, Wapp Tech) have filed separate complaints alleging infringement of multiple network simulation patents by HP Enterprise (HPE) (4:18-cv-00468) and Micro Focus (4:18-cv-00469) through the “provision of systems for testing an application for a mobile device including and not limited to the LoadRunner, Performance Center, StormRunner and Mobile Center software products”. The accused products originated with HPE but were acquired by Micro Focus as part of a September 2017 spin-off and merger. The plaintiffs plead that HPE, under the agreement governing the merger, can “obtain licenses and sub-licenses for the benefit of Micro Focus” during a two-year term running from September 2016.