This case was last updated from U.S. District Courts on 01/15/2022 at 08:09:27 (UTC).

Ward Participations B.V. v. American Express Company

Case Summary

On November 16, 2021, Ward Participations B.V. (“Ward Participations” or “Plaintiff”), represented by William P. Ramey, III of Ramey & Schwaller, LLP, filed an intellectual property lawsuit against American Express Company (“American Express” or “Defendant”), seeking injunctive relief and damages, along with pre- and post-judgement interests, for the Defendant’s alleged infringement of the United States Patents owned by the Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.

 

The Plaintiff filed this complaint for the alleged infringement of U.S. Patent No. 10,992,480 (“the ‘480 patent”), entitled “Method and System for Performing a Transaction and for Performing a Verification of Legitimate Access to, or Use of Digital Data” and U.S. Patent No. 11,063,766 (“the ‘766 patent”), entitled “Method and System for Performing a Transaction and for Performing a Verification of Legitimate Access to, or Use of Digital Data” (collectively, the “Patents-in-Suit”) owned by the Plaintiff.

 

In their complaint, the Plaintiff alleged that, “Defendant has, under 35 U.S.C. §271(a), directly infringed, and continues to directly infringe, literally and/or under the doctrine of equivalents, one or more claims, including without limitation at least claim 1 of the ‘480 patent, by making, using, testing, selling, offering for sale and/or importing into the United States Defendant’s Accused Products. Defendant also indirectly infringes the ‘480 patent by actively inducing the direct infringement by third parties under 35 U.S.C. § 271(b). Defendant has knowingly and intentionally actively aided, abetted and induced others to directly infringe at least one claim of the ‘480 patent (such as its customers in this District and throughout the United States). Defendant continues to induce infringement of the ‘480 patent.”

 

The Plaintiff further alleged that, “Defendant has contributorily infringed and is a contributory infringer because, with knowledge of the ‘480 patent, it supplies a material part of an infringing method and/or system, where the material part is not a staple article of commerce, and is incapable of substantial noninfringing use. Defendant contributes to its customers’ infringement because, with knowledge of the ‘480 patent, Defendant supplies the technology that allows its customers to infringe the patent.”

 

The Plaintiff also alleged that, “Defendant has, under 35 U.S.C. §271(a), directly infringed, and continues to directly infringe, literally and/or under the doctrine of equivalents, one or more claims, including without limitation at least claim 1 of the ‘766 patent, by making, using, testing, selling, offering for sale and/or importing into the United States Defendant’s Accused Products. Defendant also indirectly infringes the ‘766 patent by actively inducing the direct infringement by third parties under 35 U.S.C. § 271(b). Defendant has knowingly and intentionally actively aided, abetted and induced others to directly infringe at least one claim of the ‘766 patent (such as its customers in this District and throughout the United States).”

 

There are two claims for relief laid down by the Plaintiff, which deal with the alleged infringement of the Patents-in-Suit owned by the Plaintiff.

 

In its prayer for relief, the Plaintiff has requested the Court for a judgment that Defendant has directly infringed, either literally and/or under the doctrine of equivalents, and continues to directly infringe the patents-in-suit; an order requiring Defendant to pay Plaintiff damages, including past damages along with prejudgment interest; and a judgment granting a preliminary and permanent injunction that restrains and enjoins Defendant from directly or indirectly infringing the patents-in-suit.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    6:21-CV-01190

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Patent

Judge Details

Presiding Judge

Alan D Albright

 

Party Details

Plaintiff

Ward Participations B.V.

Defendant

American Express Company

Attorney/Law Firm Details

Plaintiff Attorney

William P. Ramey, III

Attorney at Ramey & Schwaller, LLP

5020 Montrose Blvd., Suite 800

Houston, TX 77006

 

Court Documents

#1

(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15446623), filed by Ward Participations B.V.. (Attachments: #1 Exhibit Claim Charts, #2 Exhibit US10992480, #3 Exhibit US11063766, #4 Civil Cover Sheet)(Ramey, William) (Entered: 11/16/2021)

1 #1

Exhibit Claim Charts

1 #2

Exhibit US10992480

1 #3

Exhibit US11063766

1 #4

Civil Cover Sheet

#2

(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 11/16/2021)

#3

(#3) REQUEST FOR ISSUANCE OF SUMMONS by Ward Participations B.V.. (Ramey, William) (Entered: 11/16/2021)

#4

(#4) Summons Issued as to American Express Company. (lad) (Entered: 11/16/2021)

 

Docket Entries

  • 11/16/2021
  • 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: 11/16/2021)

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  • 11/16/2021
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  • Docket(#4) Summons Issued as to American Express Company. (lad) (Entered: 11/16/2021)

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  • 11/16/2021
  • DocketAll parties shall comply with the Standing Orders located at https://www.txwd.uscourts.gov/judges-information/standing-orders/. (lad) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#3) REQUEST FOR ISSUANCE OF SUMMONS by Ward Participations B.V.. (Ramey, William) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#2) Notice of Filing of Patent/Trademark Form (AO 120). AO 120 forwarded to the Director of the U.S. Patent and Trademark Office. (Ramey, William) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-15446623), filed by Ward Participations B.V.. (Attachments: #1 Exhibit Claim Charts, #2 Exhibit US10992480, #3 Exhibit US11063766, #4 Civil Cover Sheet)(Ramey, William) (Entered: 11/16/2021)

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