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This case was last updated from PACER on 06/11/2021 at 13:41:12 (UTC).

LUPERCAL LLC v. TD BANK USA NA

Case Summary

On April 12, 2021, Lupercal LLC (“Plaintiff” or “Lupercal”), represented by Richard Charles Weinblatt of Stamoulis & Weinblatt LLC, filed an intellectual property lawsuit against TD Bank USA NA (“Defendant”), seeking declaration of infringement and damages among other reliefs, for alleged unlawful infringement of United States patents owned by Plaintiff. This case was filed in the U.S. District Court for the District of New Jersey with Judges Matthew J. Skahill and Noel L. Hillman presiding.  

 

Lupercal asserted that this complaint was filed for the alleged infringement of United States Patent No. 9,386,094 entitled “system and method for media submission” (the “’094 Patent”) owned by them.

 

The Plaintiff alleged that “On information and belief, Defendant controlled the operation and use of the TD Bank App and encouraged its customers to use the TD Bank App to deposit checks to the customer’s accounts with Defendant. The Defendant’s TD Bank App is the Accused Instrumentality through which Defendant and its customers infringed the ’094 Patent.” Furthermore, “On information and belief, at least by developing, distributing, operating, promoting, and encouraging the use of the TD Bank App, Defendant encouraged its customers to use the TD Bank App to practice the claimed methods, which Defendant controlled the use of and derived a direct benefit and profit from.”

 

The Plaintiff further alleged that “Upon information and belief, Defendant infringed one or more claims, including claim 42, of the ’094 Patent by developing, distributing, operating, promoting, and encouraging the use of the TD Bank App in the United States without authority. Defendant infringed the ’094 Patent either directly or through the acts of inducement in violation of 35 U.S.C. § 271,” and that “Defendant has been on notice of the ’094 Patent at least as early as January 15, 2019 when it received a notice letter from Plaintiff, which included a claim chart comparing the ’094 Patent claims to the TD Bank App.”

 

The Plaintiff also alleged that “In the process of using the TD Bank App, the computer implemented method caused the image submission tool to transmit the one or more pre-processed images.” and that “Lupercal has been damaged by Defendant’s infringing activities.”





In the only claim for relief laid down by the Plaintiff, infringement of the ’094 patent in violation of 35 U.S.C. § 271 (b) has been alleged, wherein it has been alleged that Defendant has induced and continues to induce others to infringe the ’094 patent. 

 

In its prayer for relief, the Plaintiff has requested the court to declare that Defendant has infringed the ’094 Patent, to award the Plaintiff its damages, and award Plaintiff its costs, attorneys’ fees, expenses, and interest and granting Plaintiff such further relief as the Court finds appropriate.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-09040

  • Filing Date:

    04/12/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

  • Court:

    U.S. District Courts

  • Courthouse:

    New Jersey District

Judge Details

Referral Judge

Matthew J. Skahill

Presiding Judge

Noel L. Hillman

 

Party Details

Plaintiff

LUPERCAL LLC

Defendant

TD BANK USA NA

Attorney/Law Firm Details

Plaintiff Attorney

RICHARD CHARLES WEINBLATT

Attorney at STAMOULIS & WEINBLATT LLC

800 N. West Street, Third Floor

Wilmington, DE 19801

 

Court Documents

#6

(#6) SUMMONS ISSUED as to TD BANK USA NA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (pr, ) (Entered: 04/13/2021)

5 #1

COPY OF COMPLAINT

#5

(#5) AO120 Patent Form filed. (Attachments: #1 COPY OF COMPLAINT) (pr, ) (Entered: 04/13/2021)

#4

(#4) Request for Summons to be Issued by LUPERCAL LLC as to TD BANK USA NA. (WEINBLATT, RICHARD) (Entered: 04/12/2021)

#3

(#3) Corporate Disclosure Statement by LUPERCAL LLC. (WEINBLATT, RICHARD) (Entered: 04/12/2021)

#2

(#2) NOTICE by LUPERCAL LLC Report on the Filing or Determination of an Action Regarding a Patent or Trademark (WEINBLATT, RICHARD) (Entered: 04/12/2021)

1 #2

Summons

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against TD BANK USA NA ( Filing and Admin fee $ 402 receipt number ANJDC-12363821) with JURY DEMAND, filed by LUPERCAL LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(WEINBLATT, RICHARD) (Entered: 04/12/2021)

 

Docket Entries

  • 04/13/2021
  • View Court Documents
  • Docket(#6) SUMMONS ISSUED as to TD BANK USA NA. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (pr, ) (Entered: 04/13/2021)

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  • 04/13/2021
  • View Court Documents
  • Docket(#5) AO120 Patent Form filed. (Attachments: #1 COPY OF COMPLAINT) (pr, ) (Entered: 04/13/2021)

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  • 04/12/2021
  • DocketJudge Noel L. Hillman and Magistrate Judge Matthew J. Skahill added. (dd, ) (Entered: 04/13/2021)

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  • 04/12/2021
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  • Docket(#4) Request for Summons to be Issued by LUPERCAL LLC as to TD BANK USA NA. (WEINBLATT, RICHARD) (Entered: 04/12/2021)

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  • 04/12/2021
  • View Court Documents
  • Docket(#3) Corporate Disclosure Statement by LUPERCAL LLC. (WEINBLATT, RICHARD) (Entered: 04/12/2021)

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  • 04/12/2021
  • View Court Documents
  • Docket(#2) NOTICE by LUPERCAL LLC Report on the Filing or Determination of an Action Regarding a Patent or Trademark (WEINBLATT, RICHARD) (Entered: 04/12/2021)

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  • 04/12/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against TD BANK USA NA ( Filing and Admin fee $ 402 receipt number ANJDC-12363821) with JURY DEMAND, filed by LUPERCAL LLC. (Attachments: #1 Civil Cover Sheet, #2 Summons)(WEINBLATT, RICHARD) (Entered: 04/12/2021)

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