San Antonio’s Frost Financial institution faces a patent infringement lawsuit over its cell banking app, however the firm suing the financial institution is a thriller.
The go well with was introduced by Lupercal LLC Friday in Waco federal court docket and marks at the very least the fifth time the corporate has filed a patent infringement motion in opposition to a financial institution there within the final 14 months.
Lupercal says within the complaints its principal place of job is Dallas, however no entity by that title is registered with the Texas Secretary of State to do enterprise within the state.(A Lupercal LLC is registered in Delaware and offers a enterprise handle there.) A phone quantity for Lupercal doesn’t seem to exist.
Raymond W. Mort III, an Austin legal professional representing Lupercal, didn’t reply to a request for remark Monday.
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The Frost criticism, just like the others, facilities on the financial institution’s cell banking app that enables prospects to deposit checks electronically by taking a photograph of the back and front of the verify.
Or, because the go well with states in wonky language, “the Frost Mobile App is a computer implemented method performed by an image submission tool on a user device.”
That language is at coronary heart of the declare in U.S. Patent 9,386,094 — assigned to Lupercal in 2016 — that the corporate says it owns and that Frost allegedly infringed. The device allows “a user to submit…one or more pre-processed images,” the go well with says, reciting a declare within the patent.
The go well with doesn’t specify how a lot in monetary damages Lupercal seeks from Frost.
Frost, the most important regional financial institution in primarily based in San Antonio, has not filed a response to lawsuit. Frost spokesman Invoice Day stated it doesn’t touch upon pending litigation.
Lupercal has a pending go well with, filed in February, in opposition to JPMorgan Chase. Lupercal’s lawsuits in opposition to Citibank, Comerica Financial institution and PlainsCapital Financial institution, all filed final 12 months, have been resolved and dismissed — however not earlier than the banks counter-sued.
In its response, Dallas-based PlainsCapital stated Lupercal “lacks standing to enforce” the patent as a result of no certificates of formation for Lupercal was filed with the Texas Secretary of State.
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The financial institution additionally stated the “purported” task of the patent to Lupercal is “void or ineffective” as a result of it “either does not exist or is not a properly formed limited liability company under the laws of the State of Texas.”
In its counterclaims, PlainsCapital famous that Lupercal “does not manufacture, advertise, make, sell or import any produce that embodies any claim” of the patent.
PlainsCapital stated it didn’t straight infringe on the patent, however added that the patent’s claims are invalid. It stated it believed that it’s doubtless there may be proof to point out that the know-how already existed previous to the submitting of the patent software.
A PlainsCapital lawyer didn’t reply to a request for remark.
Michael C. Smith, a Marshall legal professional for Comerica, stated Lupercal’s case in opposition to the financial institution was “resolved fairly quickly,” however he couldn’t share any particulars.
Unrelated to Lupercal’s circumstances, East Texas juries federal juries in November and January awarded a complete of greater than $300 million to San Antonio’s USAA in patent infringement circumstances it introduced in opposition to Wells Fargo Financial institution.
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The juries discovered Wells Fargo willfully infringed on two USAA patents referring to know-how that enables customers to deposit checks utilizing cell units. USAA has stated it created cell deposit seize know-how. Wells Fargo seeks a brand new trial in each circumstances.
The trials have been held within the U.S. District Courtroom in Marshall, which has a repute for its friendliness to plaintiffs submitting patent lawsuits, based on a 2017 New York Occasions article.
Waco is rising as a well-liked venue for patent litigation. Attorneys with Texas regulation agency Grey Reed, in an article final 12 months for the web site IPwatchdog.com, attributed Waco’s growing recognition to case regulation and the arrival of Choose Alan D. Albright, who took the bench in 2018. He’s described within the article as a “patent-saavy” choose who “is positioning his city to be a new hot spot for patent litigation.”
Patrick Danner is a San Antonio-based employees author overlaying banking and civil courts. To learn extra from Patrick, turn out to be a subscriber. firstname.lastname@example.org | Twitter: @AlamoPD