On January 30, 2021, Xylon Licensing LLC (“Plaintiff”), represented by Raymond W Mort, III of The Mort Law Firm, PLLC, filed an intellectual property lawsuit against Texas State Bankshares, Inc. (“Defendant”), seeking damages pursuant to 35 U.S.C. §271 for allegedly infringing Plaintiff’s intellectual property and thereby profiting, in an illegal and unauthorized manner, and without authorization and/or consent from Plaintiff. This case was filed in U.S. District Court in the Western District of Texas with Judge Alan D. Albright presiding.
In the complaint, the Plaintiff alleged that the Defendant has infringed and thereby profited in an illegal and unauthorized manner, and without authorization and/or consent from Plaintiff, from the U.S. Patent No 8,719,165 entitled “DELEGATED TRANSACTIONS OVER MOBILE” (“the ‘165 Patent” or the “Patent-In-Suit”) owned by the Plaintiff.
The Plaintiff also alleged that “based on the allegations, it must be accepted as true at this stage, that Claim 1 of the ‘165 Patent recites a specific, plausibly inventive way of completing a secure transaction and using specific protocols rather than the general idea of transacting between merchant and customer. Cellspin Soft, Inc. v. Fitbit, Inc., 927 F.3d 1306, 1319 (Fed. Cir. 2019), cert. denied sub nom. Garmin USA, Inc. v. Cellspin Soft, Inc., 140 S. Ct. 907, 205 L. Ed. 2d 459 (2020).”
Plaintiff further alleged that “Defendant commercializes, inter alia, methods that perform all the steps recited in at least one claim of the ‘165 Patent” and that the “Defendant has contributed to and induced others to infringe the ‘165 Patent by encouraging infringement, directing or controlling, knowing that the acts Defendant induced constituted patent infringement, and its encouraging acts actually resulted in direct patent infringement” and that “as a direct and proximate result of Defendant’s direct infringement of the ‘165 Patent, Plaintiff has been and continues to be damaged.”
The Plaintiff has laid down one claim for relief for the violation of 35 U.S.C. § 271 wherein the Defendant is allegedly now, and has been directly infringing the ‘165 Patent, and continues to directly infringe at least one claim of the ‘165 Patent. The Plaintiff further alleged that the Defendant has had knowledge of infringement of the ‘165 Patent at least as of the service of the present Complaint.
In the prayer for relief, Plaintiff has requested the court to pass an order for an injunction to prevent further alleged infringement of the Patents in suit and to hold that the Defendant has directly infringed the ‘165 Patent either literally or under the doctrine of equivalents. The Plaintiff also requested the court to account for all alleged infringing sales and damages to assess pre-judgment and post-judgment interest and costs against Defendant, in addition to an award of damages pursuant to 35 U.S.C. §284 together with an award of such interest and costs, in accordance with 35 U.S.C. §284. The Plaintiff further requested the court to direct the Defendant to pay enhanced damages, including Plaintiff’s attorneys’ fees incurred in connection with this lawsuit pursuant to 35 U.S.C. §285.
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Pending - Other Pending
Intellectual Property - Patent
Alan D Albright
Xylon Licensing LLC
Texas State Bankshares, Inc. dba Texas Regional Bank
Raymond W Mort, III
Howard L. Wernow
Civil Cover Sheet
Exhibit A-Courts of Admissions
Docket(#8) WAIVER OF SERVICE Returned Executed by Xylon Licensing LLC as to Texas State Bankshares, Inc. dba Texas Regional Bank. Waiver sent on 2/22/2021, answer due 4/23/2021. (Wernow, Howard) (Entered: 02/22/2021)[+] Read More [-] Read Less
Docket(#9) Standing Order Regarding Filing Documents Under Seal and Redacted Pleadings in Patent Cases. Signed by Judge Alan D Albright. as of 2/12/2021. (bot1) (Entered: 02/25/2021)[+] Read More [-] Read Less
DocketText Order GRANTING #7 Motion to Appear Pro Hac Vice for Attorney Howard L. Wernow for Xylon Licensing LLC. Before the Court is the Motion for Admission Pro Hac Vice. The Court, having reviewed the Motion, finds it should be GRANTED and therefore orders as follows: IT IS ORDERED the Motion for Admission Pro Hac Vice is GRANTED. IT IS FURTHER ORDERED that Applicant, if he/she has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Rule AT-I (f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order entered by Judge Alan D Albright. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mm6) (Entered: 02/10/2021)[+] Read More [-] Read Less
Docket(#7) MOTION to Appear Pro Hac Vice by Howard L. Wernow ( Filing fee $ 100 receipt number 0542-14452457) by on behalf of Xylon Licensing LLC. (Attachments: #1 Exhibit A-Courts of Admissions)(Wernow, Howard) (Entered: 02/04/2021)[+] Read More [-] Read Less
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. (am) (Entered: 02/01/2021)[+] Read More [-] Read Less
Docket(#6) Summons Issued as to Texas State Bankshares, Inc. dba Texas Regional Bank. (am) (Entered: 02/01/2021)[+] Read More [-] Read Less
Docket(#4) REQUEST FOR ISSUANCE OF SUMMONS by Xylon Licensing LLC. (Mort, Raymond) (Entered: 01/30/2021)[+] Read More [-] Read Less
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. (Mort, Raymond) (Entered: 01/30/2021)[+] Read More [-] Read Less
Docket(#2) RULE 7 DISCLOSURE STATEMENT filed by Xylon Licensing LLC. (Mort, Raymond) (Entered: 01/30/2021)[+] Read More [-] Read Less
Docket(#1) COMPLAINT ( Filing fee $ 402 receipt number 0542-14432235), filed by Xylon Licensing LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet)(Mort, Raymond) (Entered: 01/30/2021)[+] Read More [-] Read Less
Docket(#5) Standing Order Regarding Notice of Readiness v2.1. Signed by Judge Alan D Albright. (am) (Entered: 02/01/2021)[+] Read More [-] Read Less