This case was last updated from PACER on 08/28/2021 at 08:40:01 (UTC).

Wapp Tech Limited Partnership et al v. Bank of America N.A.

Case Summary

On August 27, 2021, Wapp Tech Limited Partnership and Wapp Tech Corp. (“Wapp” or “Plaintiff”), represented by Amir H. Alavi, Brian Ervin Simmons, Demetrios Anaipakos, Justin Yee-Jin Chen, and Scott W Clark of Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C. filed an intellectual property lawsuit against Bank of America, N.A. (“Defendant” or “Bank of America”). Plaintiff filed suit seeking injunctive relief, monetary damages, royalty, cost and other such relief for the alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in the United States District Court in the Eastern District of Texas.

 

This is an action for patent infringement by Plaintiff of the U.S. Patent No. 8,924,192; U.S. Patent No. 9,298,864; U.S. Patent No. 9,971,678; U.S. Patent No. 10,353,811; and U.S. Patent No. 10,691,579 (collectively the “Patents-in-Suit”) owned by Plaintiff.

 

In the complaint, Plaintiff alleged that, “Defendant without authorization has been and is directly infringing at least Claim 1 of the ’192 Patent. Defendant infringes at least Claim 1 of the ’192 Patent when its employees or agents use Apple’s Xcode or Google’s Android Studio to author mobile applications.”

 

Plaintiff also alleged that, “In addition to direct infringement, Defendant also indirectly infringes the ’192 Patent. On information and belief, Defendant has induced third parties to author mobile applications on its behalf using Apple’s Xcode or Google’s Android Studio. Defendant knowingly encourages and intends to induce infringement of the ’192 Patent by instructing third parties to author applications compatible with Apple’s iOS or Google’s Android operating systems on Defendant’s behalf, knowing and specifically intending that Apple’s Xcode or Google’s Android Studio will be used in an infringing manner to author the mobile applications.”

 

Further, Plaintiff alleged that, “On information and belief, Defendant was aware of the ’192 Patent and related patents invented by the named inventor, had knowledge of the infringing nature of its activities, and nevertheless continues its infringing activities. Defendant was aware of the ’192 Patent at least by the filing date of the complaint in the Pending Proceeding. At least by the filing date of this Complaint, Defendant was aware of the infringement allegations regarding the ’192 Patent contained herein.”

 

Similar claims are made against infringement of the other Patents-in-suit.

 

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

 

In the prayer for relief, Plaintiff has requested the court to pass a judgment in favor of Wapp. Plaintiff requests the court pass a judgment that Defendant has infringed and is infringing, either literally and/or under the doctrine of equivalents, the Patents-in-Suit as well as a declaration that Bank of America, N.A is barred from challenging or otherwise re-litigating the validity of the ’192 Patent, ’864 Patent, and ’678 Patent. Plaintiff requests permanent injunctive relief and an award of damages along with supplemental damages for any continuing post-verdict infringement up until entry of the final judgment, with accounting, as needed, and enhanced damages pursuant to 35 U.S.C. § 284, together with prejudgment and post-judgment interest in an amount; ongoing royalty; and an award of attorneys’ fees pursuant to 35 U.S.C. § 285 or as otherwise permitted by law; and granting Wapp costs of litigation.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    4:21-CV-00670

  • Filing Date:

    08/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

 

Party Details

Plaintiffs

Wapp Tech Limited Partnership

Wapp Tech Corp.

Defendant

Bank of America N.A.

Attorney/Law Firm Details

Plaintiff Attorneys

Brian Ervin Simmons

Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.

1221 Mckinney, Suite 2500

Houston, TX 77010

Demetrios Anaipakos

Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.

1221 Mckinney, Suite 2500

Houston, TX 77010

Justin Yee-Jin Chen

Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.

1221 Mckinney, Suite 2500

Houston, TX 77010

Scott W Clark

Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.

1221 Mckinney, Suite 2500

Houston, TX 77010

Amir H. Alavi

Attorney at Ahmad, Zavitsanos, Anaipakos, Alavi & Mensing P.C.

1221 Mckinney, Suite 2500

Houston, TX 77010

 

Court Documents

#8

(#8) CORPORATE DISCLOSURE STATEMENT filed by Wapp Tech Corp., Wapp Tech Limited Partnership (Alavi, Amir) (Entered: 08/27/2021)

#7

(#7) NOTICE of Attorney Appearance by Justin Yee-Jin Chen on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Chen, Justin) (Entered: 08/27/2021)

#6

(#6) NOTICE of Attorney Appearance by Brian Ervin Simmons on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Simmons, Brian) (Entered: 08/27/2021)

#5

(#5) NOTICE of Attorney Appearance by Scott W Clark on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Clark, Scott) (Entered: 08/27/2021)

#4

(#4) NOTICE of Attorney Appearance by Demetrios Anaipakos on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Anaipakos, Demetrios) (Entered: 08/27/2021)

#3

(#3) NOTICE of Attorney Appearance by Amir H. Alavi on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Alavi, Amir) (Entered: 08/27/2021)

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Alavi, Amir) (Entered: 08/27/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT Plaintiff's Original Complaint against Bank of America N.A. ( Filing fee $ 402 receipt number 0540-8558760.), filed by Wapp Tech Limited Partnership, Wapp Tech Corp.. (Attachments: #1 Civil Cover Sheet)(Alavi, Amir) (Entered: 08/27/2021)

 

Docket Entries

  • 08/27/2021
  • View Court Documents
  • Docket(#8) CORPORATE DISCLOSURE STATEMENT filed by Wapp Tech Corp., Wapp Tech Limited Partnership (Alavi, Amir) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#7) NOTICE of Attorney Appearance by Justin Yee-Jin Chen on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Chen, Justin) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#6) NOTICE of Attorney Appearance by Brian Ervin Simmons on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Simmons, Brian) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#5) NOTICE of Attorney Appearance by Scott W Clark on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Clark, Scott) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#4) NOTICE of Attorney Appearance by Demetrios Anaipakos on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Anaipakos, Demetrios) (Entered: 08/27/2021)

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  • 08/27/2021
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  • Docket(#3) NOTICE of Attorney Appearance by Amir H. Alavi on behalf of Wapp Tech Corp., Wapp Tech Limited Partnership (Alavi, Amir) (Entered: 08/27/2021)

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  • 08/27/2021
  • View Court Documents
  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 mailed to the Director of the U.S. Patent and Trademark Office. (Alavi, Amir) (Entered: 08/27/2021)

    Read MoreRead Less
  • 08/27/2021
  • View Court Documents
  • Docket(#1) COMPLAINT Plaintiff's Original Complaint against Bank of America N.A. ( Filing fee $ 402 receipt number 0540-8558760.), filed by Wapp Tech Limited Partnership, Wapp Tech Corp.. (Attachments: #1 Civil Cover Sheet)(Alavi, Amir) (Entered: 08/27/2021)

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