“Patchwork Infringement Allegations” Won’t Cut It, but Ramey Evades Sanctions
In March 2024, AuthWallet, LLC filed a second set of suits—after an earlier round had been voluntarily dismissed without prejudice—against Amarillo National Bank, Cullen/Frost Bankers, and Fiserv, all in the Western District of Texas. This past week, District Judge David Counts dismissed the complaints because they failed to adequately plead direct, indirect, and willful infringement, relying on “mixing and matching different accused products in its claim charts”. The dismissal, though, is with leave to amend, and, in the Cullen/Frost Bankers case, the court denied a concurrent motion to sanction AuthWallet’s litigation counsel, Ramey LLP, under Rule 11.
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