This case was last updated from U.S. District Courts on 01/10/2022 at 07:59:09 (UTC).

Auth Token LLC v. US Bank NA

Case Summary

On November 11, 2021, Auth Token LLC (“Plaintiff”), represented by Howard L. Wernow of Sand, Sebolt & Wernow Co., LPA, filed an intellectual property lawsuit against U.S. Bank NA (“Defendant”), seeking damages, pre-judgment and post-judgment interests, disbursement, costs, and other reliefs for alleged infringement of the United States patents owned by the Plaintiff. This case was filed in the United States District Court in the Western District of Texas.

 

This complaint arises from Defendant’s alleged unlawful infringement of the United States Patents owned by Plaintiff: United States Patent No. 8,375,212; and United States Patent No. 8,688,990 (the “Patents-in-Suit”).

 

In the complaint, the Plaintiff alleged that “Defendant has been and continues to directly infringe one or more claims of the ’212 Patent in at least this District by making, using, offering to sell, selling and/or importing, without limitation, at least the Defendant products identified in the charts incorporated into this Count below (among the “Exemplary Defendant Products”) that infringe at least the exemplary claims of the ’212 Patent also identified in the charts incorporated into this Count below (the “Exemplary ’212 Patent Claims”) literally or by the doctrine of equivalents. On information and belief, numerous other devices that infringe the claims of the ’212 Patent have been made, used, sold, imported, and offered for sale by Defendant and/or its customers.”

 

The Plaintiff also alleged that “Despite such actual knowledge, Defendant continues to make, use, test, sell, offer for sale, market, and/or import into the United States, products that infringe the ’212 Patent. On information and belief, Defendant has also continued to sell the Exemplary Defendant Products and distribute product literature and website materials inducing end-users and others to use its products in the customary and intended manner that infringes the ’212 Patent.”

 

Further, the Plaintiff alleged that “At least since being served by this Complaint and corresponding claim charts, Defendant has actively, knowingly, and intentionally continued to induce infringement of the ’212 Patent, literally or by the doctrine of equivalents, by selling Exemplary Defendant Products to their customers for use in end-user products in a manner that infringes one or more claims of the ’212 Patent.”

 

A similar allegation is made by the Plaintiff for the infringement of another Patent-in-suit.

 

There are two claims for relief laid down by the Plaintiff, for infringement of the Patents-in-suit.

 

In the prayer for relief, the Plaintiff has requested the Court to pass a judgment that the Defendant has infringed directly and indirectly one or more claims of the Patents along with damages under 35 U.S.C. § 284 for the Defendant's continuing or future infringement including pre-or post-judgment interest, costs, and disbursements as justified under 35 U.S.C. § 284, and an accounting of all damages. Further, the Plaintiff requested the Court for a judgment and order finding this is an exceptional case within the meaning of 35 U.S.C. § 285, attorneys’ fees and costs, and further relief as the Court may deem just and proper. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01166

  • Filing Date:

    11/11/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Auth Token LLC

Defendant

US Bank NA

Attorney/Law Firm Details

Plaintiff Attorney

Howard L. Wernow

Attorney at Sand, Sebolt & Wernow Co., LPA

Aegis Tower - Suite 1100, 4940 Munson Street Nw

Canton, OH 44718

 

Court Documents

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15432001), filed by Auth Token LLC. (Attachments: #1 Exhibit 1-US8375212, #2 Exhibit 2-US8688990, #3 Exhibit 3-'212 Claim Chart, #4 Exhibit 4-'990 Claim Chart, #5 Civil Cover Sheet, #6 Civil Cover Sheet Related Cases)(Wernow, Howard) (Attachment 5 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

1 #1

Exhibit 1-US8375212

1 #2

Exhibit 2-US8688990

1 #3

Exhibit 3-'212 Claim Chart

1 #4

Exhibit 4-'990 Claim Chart

1 #5

Civil Cover Sheet

1 #6

Civil Cover Sheet Related Cases

#2

(#2) REQUEST FOR ISSUANCE OF SUMMONS by Auth Token LLC. (Wernow, Howard) (Main Document 2 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

#3

(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Wernow, Howard) (Main Document 3 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

#4

(#4) RULE 7 DISCLOSURE STATEMENT filed by Auth Token LLC. (Wernow, Howard) (Entered: 11/11/2021)

#5

(#5) Summons Issued as to US Bank NA. (lad) (Entered: 11/12/2021)

 

Docket Entries

  • 11/12/2021
  • View Court Documents
  • Docket(#5) Summons Issued as to US Bank NA. (lad) (Entered: 11/12/2021)

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  • 11/12/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 11/12/2021)

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  • 11/11/2021
  • DocketCase assigned to Judge Alan D Albright. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (lad) (Entered: 11/12/2021)

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  • 11/11/2021
  • View Court Documents
  • Docket(#4) RULE 7 DISCLOSURE STATEMENT filed by Auth Token LLC. (Wernow, Howard) (Entered: 11/11/2021)

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  • 11/11/2021
  • View Court Documents
  • Docket(#3) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Wernow, Howard) (Main Document 3 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#2) REQUEST FOR ISSUANCE OF SUMMONS by Auth Token LLC. (Wernow, Howard) (Main Document 2 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

    Read MoreRead Less
  • 11/11/2021
  • View Court Documents
  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15432001), filed by Auth Token LLC. (Attachments: #1 Exhibit 1-US8375212, #2 Exhibit 2-US8688990, #3 Exhibit 3-'212 Claim Chart, #4 Exhibit 4-'990 Claim Chart, #5 Civil Cover Sheet, #6 Civil Cover Sheet Related Cases)(Wernow, Howard) (Attachment 5 replaced on 11/12/2021) (lad). (Entered: 11/11/2021)

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