Cisco has asked District Judge Alan D. Albright to issue a “prefiling injunction” against Ramey LLP, preventing that firm and its principal from filing any case against Cisco in the Western District of Texas without prior approval to do so from the district’s chief judge and from filing any case against Cisco in any other district without “attaching a copy of the opinion and order issuing the injunction with” that filing. Cisco made this request in a motion for attorney fees in a case filed by mCom IP, LLC that Judge Albright dismissed with prejudice after Ramey failed to show up at a hearing on a motion to dismiss. mCom IP, in a (corrected) brief signed by William P. Ramey, III, has opposed the request, arguing that “nothing rare happened in this case”, that “it was normal litigation”, and that the imposition of a “prefiling injunction” is “wholly unwarranted”, “severe”, “drastic”, and “extreme”.

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.

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).

Western District of Texas Judge Xavier Rodriguez has stayed consideration of a Microsoft motion for sanctions against Ramey LLP, frequent plaintiff-side counsel in NPE patent cases, after CTD Networks LLC appealed Judge Rogriguez’s judgment against it. Among other things, CTD Networks and Ramey LLP, its counsel, filed amended pleadings that failed to address the court’s repeated, fatal pleading inadequacy concerns. Now, Western District of Texas Judge Alan D. Albright has dismissed a case that mCom IP, LLC filed against it after mCom IP, represented by Ramey LLP, failed to appear at a hearing to address Cisco’s motion to dismiss with prejudice an amended complaint there. Meanwhile, Western District of Texas Judge Robert L. Pitman has denied a request by LS Cloud Storage Technologies, LLC to revive a suit against Amazon, that suit having been dismissed with prejudice after the plaintiff, represented by Ramey LLP, failed even to meet a deadline by which to file an amended complaint.

This past week, mCom IP, LLC added four more cases to its “unified banking systems” campaign, the plaintiff suing Capital One Financial (6:23-cv-00612), First Bank & Trust (6:23-cv-00613), and First Financial (6:23-cv-00614) in the Western District of Texas and Everbank (3:23-cv-00975) in the Middle District of Florida. Despite these four new defendants, which brings the total to around 60 since this litigation began back in March 2021, the words of the first defendant—as they appear in a motion to stay that case to await a decision on a motion to transfer it for convenience from the Western District of Texas to the Western District of Kentucky—perhaps best describe mCom IP’s approach not only to that case but to its campaign overall: “it has not really been prosecuting its case with any great speed or urgency”.

mCom IP, LLC has continued to add defendants to its “unified banking systems” campaign, suing Cullen/Frost Bankers (6:22-cv-001148), Goldman Sachs (4:22-cv-03821), and HM Treasury (Citizens Bank) (3:22-cv-02447) so far in November after hitting American Express (6:22-cv-01134) and Citibank (3:22-cv-02398) at the end of October. These new cases bring above three dozen the number of defendants sued in this campaign, not all of which are banks. Among them is Cisco, targeted over its “Digital Banking Solution”, which this summer brought to a magistrate judge’s attention a decision by District Judge Alan D. Albright granting a stay pending the resolution of an inter partes review (IPR) in a case in a separate campaign. The company sought to convince the magistrate that this other order acted to “clarify the practice” in the Western District of Texas for stays pending instituted IPR proceedings—i.e., that the bar to such a stay is not as high as might be generally perceived. A couple of weeks ago, Judge Albright, having taken over the Cisco case after the magistrate’s recusal, denied the motion to stay.

The recent filing spree of plaintiffs associated with patent monetization firm Dynamic IP Deals LLC (d/b/a DynaIP) includes several new suits filed by mCom IP, LLC, one filed against each of Backbase (1:22-cv-02046), Bank of America (6:22-cv-00256), CIBC Bank (6:22-cv-00274), Cisco (6:22-cv-00261), Oracle (6:22-cv-00262), JPMorgan Chase (6:22-cv-00260), and Temenos (6:22-cv-00263). The plaintiff continues to assert the same single patent—generally related to connecting multiple devices to a financial institution, accessing stored customer data, and monitoring that user session to select related “targeted marketing content”—with various features of “unified banking systems” targeted.

mCom IP, LLC, a Texas entity associated with patent monetization firm Dynamic IP Deals LLC (d/b/a DynaIP), has fired off another round of suits in its sole litigation campaign, hitting Blend Labs (1:21-cv-07975) in the Southern District of New York; IBM (6:21-cv-00966) and INETCO and WoodForest Financial (WoodForest National Bank) (6:21-cv-00989) in the Western District of Texas;  FCTI (2:21-cv-07474) in the Central District of California; and CAFCU (3:21-cv-02285), Hyosung (Nautilus Hyosung Americas) (3:21-cv-02215), and UNISYS (3:21-cv-02288) in the Northern District of Texas. The single patent-in-suit generally relates to connecting multiple devices to a financial institution, accessing stored customer data, and monitoring that user session to select related “targeted marketing content”, with the defendants accused of infringement through the provision of their respective “unified banking systems”. At issue are features related to consumer transaction management and monitoring, customer data analytics, and marketing.

mCom IP, LLC, a Texas entity associated with patent monetization firm Dynamic IP Deals LLC (d/b/a DynaIP), has sued Avaya (3:21-cv-01550) in the Northern District of Texas and Diebold Nixdorf (6:21-cv-00698) in the Western District of Texas over a single patent generally related to connecting multiple devices to a financial institution, accessing stored customer data, and monitoring that user session to select related “targeted marketing content”. The defendants are accused of infringement through the provision of their respective provision of “unified banking systems”, with features for consumer transaction management and monitoring, customer data analytics, and marketing at issue.

So far in May, mCom IP, LLC, a Texas entity associated with patent monetization firm Dynamic IP Deals, LLC (d/b/a DynaIP), has sued First Tech Federal Credit Union (6:21-cv-00480), Infosys (6:21-cv-00499), and Wells Fargo (6:21-cv-00500) in the Western District of Texas and UNICOM (2:21-cv-00168) in the Eastern District of Texas. The sole asserted patent generally relates to connecting multiple devices to a financial institution, accessing stored customer data, and monitoring that user session to select related “targeted marketing content”. The defendants are accused of infringement through the provision of their respective “unified banking systems”, with mCom IP targeting features for consumer transaction management and monitoring, customer data analytics, and marketing.