Wapp Tech Plaintiffs Sue Banks Again, Ask Court to Bar Certain Invalidity Defenses

August 28, 2021

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.

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