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AuthWallet Attempts Financial Services Campaign Reboot After Alice Invalidation
New Patent Litigation
AuthWallet, LLC has filed second suits against Amarillo National Bank (7:24-cv-00064), Canadian Imperial Bank of Commerce (CIBC Bank USA) (7:24-cv-00065), Cullen/Frost Bankers (7:24-cv-00066), Fiserv (7:24-cv-00063), and PNC Financial Services Group (7:24-cv-00067), again in the Western District of Texas. The defendants are again accused of infringement over the support of certain mobile banking/payment functionalities in various financial products. The first cases against these defendants, filed in February 2023, faced serious headwinds, the defendants immediately challenging the sufficiency of AuthWallet’s (sometimes facially incomplete) infringement allegations in its pleadings and then raising the Federal Circuit’s May 2023 affirmance of an invalidation under Alice of a “closely related patent” of AuthWallet.
March 8, 2024
InnoMemory Files Fresh Round of Complaints in Memory Circuitry Campaign
New Patent Litigation
Amarillo National Bank (1:24-cv-00232), Bank Iowa (Citizens State Bank) (2:24-cv-00152), Capital One (2:24-cv-00154), Citigroup (1:24-cv-00231), Fidelity Bank of Texas (1:24-cv-00229), JPMorgan Chase (2:24-cv-00151), Prosperity Bancshares (2:24-cv-00150), Regions Financial (Regions Bank) (1:24-cv-00218), Texas Bank and Trust (2:24-cv-00148), Texas Capital Bancshares (2:24-cv-00147), Truist Financial (2:24-cv-00146), Wintrust Financial (First United Bank) (1:24-cv-00219), and Zions Bancorporation (2:24-cv-00144) are the latest defendants to be added to the sole litigation campaign of InnoMemory, LLC, launched in July 2021 over patents received from Intellectual Ventures LLC (IV). The two asserted patents are broadly directed to memory circuitry, with the defendants targeted over ATM machines—including those manufactured by Diebold Nixdorf and NCR—that incorporate DDR4 memory technology.
March 7, 2024
Dominion Harbor Continues Campaign over Former American Express Patents
New Patent Litigation
Liberty Peak Ventures, LLC (LPV), an entity associated with Texas monetization firm Dominion Harbor Enterprises, LLC, has sued MasterCard (1:24-cv-20455) in the Southern District of Florida over products that “facilitate, maintain, transact, authenticate, validate, authorize, clear, settle, and/or process financial data, financial transactions, mobile payments, contactless payments, and/or online payments using Mastercard Transaction Instruments (e.g., Mastercard Cards) and related access to Mastercard’s payment products, methods, and/or services (e.g., solutions, systems, devices, networks, APIs, software development kits, and/or other product solutions)”. Since launching this litigation campaign in July 2021, the plaintiff has sued nine defendants—including Charles Schwab, Comerica, Fiserv, Regions Financial, Visa, and Zions Bancorporation (Amegy Bank National) and asserted 19 former American Express patents, ten in its latest complaint. At issue are features such as compliance with certain EMV standards, RFID technology, and tokenization.
February 16, 2024
Inventor-Controlled Plaintiff Hits Mastercard in First Suit
New Patent Litigation
Secure NFC PTY. LTD. has filed its first lawsuit, accusing Mastercard (3:23-cv-00853) in a new Eastern District of Virginia complaint of infringing a single patent payment patent through the provision of its Masterpass digital payment service. At issue is the service’s Tap on Phone feature, as used to accept payments on an NFC-enabled device from a contactless card or mobile wallet, including functionality that replaces payment card account numbers with unique 16-digit tokens, and the use of “dynamic data (cryptograms) generated using EMV-based cryptography to secure the transaction” (as described on the Masterpass website).
December 17, 2023
IV Initiates Second New Litigation Campaign of 2023
New Patent Litigation
Intellectual Ventures LLC, through Intellectual Ventures I LLC and Intellectual Ventures II LLC, has filed suit against Comerica (2:23-cv-00524), JP Morgan Chase (2:23-cv-00523), and Liberty Mutual (Comparion Insurance Agency, Ironshore Holdings) (2:23-cv-00525) over the provision of various financial (Comerica and JPMorgan Chase) and insurance (Liberty Mutual) products and services. At issue is the use of Docker, Kafka, Kubernetes, and/or Spark. Six patents are asserted in the case against JP Morgan Chase, four of those in the other two complaints, each of which was filed in the Eastern District of Texas, where Chief Judge Rodney Gilstrap presides.
November 30, 2023
DigitalDoors Close on Multiple Banks
New Patent Litigation, TPLF
Last November, DigitalDoors, Inc. filed its first litigation, suing IBM for alleged infringement of a group of patents broadly directed to various aspects of data security technologies. As that case passes the one-year mark, the inventor-controlled plaintiff has started a second litigation campaign, this time suing Bank of America (2:23-cv-00542), Bank OZK (2:23-cv-00543), Beal Bank (2:23-cv-00544), BOKF (2:23-cv-00545), Capital One Financial (Capital One) (2:23-cv-00546), Comerica (Comerica Bank) (2:23-cv-00541), East West Bank (2:23-cv-00547), First Citizens Bancshares (First Citizens Bank and Trust) (2:23-cv-00548), JP Morgan Chase (2:23-cv-00550), Prosperity Bancshares (Prosperity Bank) (2:23-cv-00551), and Regions Financial (Regions Bank) (2:23-cv-00552), all over the use of data processing systems compliant with the Sheltered Harbor specification, or those that otherwise “provide substantially equivalent functionality” for “providing data backup of critical customer account data” based on certain content filters, allegedly as claimed in the asserted four patents.
November 26, 2023
Dominion Adds Fiserv to Campaign over Former American Express Patents
New Patent Litigation
Liberty Peak Ventures, LLC (LPV) has filed an Eastern District of Texas case against Fiserv (2:23-cv-00518), targeting the provision of a wide array of financial products with nine former American Express patents. The Dominion Harbor Enterprises, LLC plaintiff’s last active suit, against Visa, ended last month after the parties noticed a settlement. In a separate campaign (as a formal matter), the declaratory judgment action that Zoho filed against LPV in the Western District of Texas recently completed claim construction before District Judge Alan D. Albright.
November 11, 2023
mCom IP Closes Out October, Opens Up November, Adding More SD NY Suits
New Patent Litigation
The “unified banking systems” campaign of mCom IP, LLC has snagged three more defendants, the Texas plaintiff suing Amalgamated Bank (1:23-cv-09550), American Express (1:23-cv-09612), and Apple Bank (1:23-cv-09554) in the Southern District of New York. There, the companies join defendants City National Bank, Dime Community Bank, HSBC Bank, and M&T Bank, each hit with a complaint in that district in early October, as was Webster Financial, the case against which has already been dismissed with prejudice. In other, more popular venues for patent cases, mCom IP—and its frequent counsel—have come under judicial scrutiny.
November 2, 2023
mCom IP Responds to Court Order with Short List of Interested Parties
In Case You Missed It
The campaign of mCom IP, LLC has made news of late, first after a 2021 defendant argued that the plaintiff could not plausibly oppose a motion to stay because it “has not really been prosecuting its case with any great speed or urgency”; and next, after Western District of Texas Judge Alan D. Albright clarified that a 2022 case filed in the campaign against Cisco was dismissed with prejudice after counsel for mCom IP, Ramey LLP, simply failed to show up for a scheduled hearing. Now, mCom IP—which has just filed a new batch of suits, one against each of City National Bank (1:23-cv-08832), Dime Community Bank (1:23-cv-08806), HSBC Bank (1:23-cv-08801), M&T Bank (1:23-cv-08793), and Webster Financial (1:23-cv-08772), all in the Southern District of New York—has responded to the sua sponte order of Northern District of Georgia Judge Leigh Martin May requiring mCom IP to file a missing certificate of interested parties within 14 days. mCom IP’s responsive certificate identifies only the plaintiff and Ramey LLP as such parties, omitting (1) mCom IP’s managing member (another Texas LLC); (2) the sole owner of that managing member (a Panamanian citizen); (3) the manager of that managing member (a patent advisory firm formed as a Texas LLC); and (4) the known member of that advisory firm (a Texan).
October 5, 2023
From Pastry Confections in France and a “Mad Dog’s Breakfast” in the Bahamas to Patent Litigation in the US
New Patent Litigation
Inventor-controlled DH International Ltd. has filed separate Western District of Texas cases against Alphabet (Google) (1:23-cv-01116) and Apple (1:23-cv-01114) over the respective provision of the Apple Pay and Google Pay mobile payment platforms, as well as related hardware. The two patents-in-suit are generally related to a “portable electronic device” that, upon detection of an external cue, will initiate a data exchange, and if not, will communicate information to a user instead. Both were asserted—by a different but associated plaintiff—against Samsung in an Eastern District of Texas suit that ran from October 2020 through August 2021.
September 16, 2023