datatreasury v. austin bancorp et. al
TRANSCRIPT
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_________________________________________________________________________________Original Complaint for Patent Infringement Page 1
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DataTreasury Corporation
Plaintiff
v. CIVIL ACTION NO:
JURY DEMANDED
Austin Bancorp, Inc.;
Austin Bank Texas, N.A.;
BOK Financial Corp.;
Bank of Texas, N.A.;
Bank of the Ozarks, Inc.;
Bank of the Ozarks;
Cathay General Bancorp;
Cathay Bank;
Community Trust Financial Corporation; Community Trust Bank of Texas; Coppermark Bancshares,Inc.
Coppermark Bank;
Fifth Third Bancorp;
Fifth Third Bank;
First Financial Bankshares, Inc.; First Financial Bank, N.A.;
First National of Nebraska, Inc.;
First National Bank of Omaha;
First National Bank Southwest;
Durant Bancorp, Inc.;
First United Bank and Trust Company d/b/a First United Bank;
Inwood Bancshares, Inc.;
Inwood National Bank;
Marquette Financial Companies;
Meridian Bank Texas;
Metrocorp Bancshares, Inc,:
MetroBank, N.A.;
North Dallas Bank and Trust Co.;
PlainsCapital Corporation;
PlainsCapital Bank;
Texas Capital Bancshares, Inc.;
Texas Capital Bank, N.A.; The ANB Corporation;
The American National Bank of Texas;
Central Bancorp, Inc.;
United Central Bank;
Woodforest Financial Group, Inc.; and
Woodforest National Bank Defendants
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_________________________________________________________________________________Original Complaint for Patent Infringement Page 2
ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT
I. BACKGROUND
1. The patents in suitU.S. Patent No. 5,910,988 and 6,032,137 (collectively the
Ballard patents) are among the most thoroughly validated and valuable patents in the
United States. The Ballard patents have been credited as being foundational to modern day,
image-based check processing, enabling technological improvements that save the banking
industry billions of dollars annually.
2. A vast majority of the top twenty-five banking institutions in America
including Bank of America, Citibank, J.P. Morgan Chase Bank, Wells Fargo Bank, and many
othershave licensed the Ballard patents in recognition of the significant contribution of the
Ballard patents to modern image-based check processing. It has been publicly reported that
these banks have collectively paid more than $350 million to license the Ballard patents.
3. Industry leading J.P. Morgan Chase Bank has agreed to a Consent Judgment,
confessing in Federal Court that the Ballard patents are valid, enforceable and infringed.
Other large financial institutions such as PNC Bank have made similar confessions of validity
in open court.
4. Dozens of prior litigants have spent hundreds of millions of dollars attempting
to invalidate the Ballard patents or to prove them unenforceable. Despite this concerted joint
effort by the banking industry, not a single bank has ever prevailed against the Ballard
patents.
5. The only bank in the nation that has been sued for infringing the Ballard
patents and then refused to pay for a license to use the patents all the way up through a jury
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trial was U.S. Bank. In March 2010, U.S. Bank was found guilty of willfully infringing the
Ballard patents by a federal jury, and subsequently ordered to pay over $50 million dollars for
its willful infringement of the patents. The same federal jury also unanimously found that the
Ballard patents were not invalid.
6. The Ballard patents have been re-examined by the United States Patent and
Trademark Office (USPTO), to determine their validity. Ultimately, each and every claim
of the Ballard patents was upheld in full, and issued as valid for a second time by the USPTO.
7. The Ballard patents have had press coverage ranging from The Wall Street
Journal and The Washington Post to industry publications such as The American Banker.
Claudio Ballard, inventor of the Ballard patents was recognized as the 2010 Inventor of the
Year by the United States Business and Industry Council in Washington, D.C.
8. The United States Congressional Budget Office has independently determined
the value of the Ballard patents to be more than $1 billion.
9. Despite this unimpeachable validity, significant financial value, and
widespread recognition as the cornerstone intellectual property underlying modern image-
based check processing, the Ballard patents are being willfully infringed by the Defendants in
this case. DataTreasury files this lawsuit to continue to protect its intellectual property and
prevent these Defendants from continuing to willfully violate DataTreasurys intellectual
property rights and the U.S. patent laws.
II. THE PARTIES
10. The allegations of paragraphs 1-9 above are incorporated by reference as if
fully set forth herein.
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11. Plaintiff DataTreasury Corporation ("DataTreasury") is a Delaware
corporation that maintains its principal place of business at 2301 W. Plano Parkway, Ste. 106,
Plano, Texas 75074.
12. Defendant Austin Bancorp, Inc. is a Texas corporation with its principal place
of business at 200 East Commerce St., P.O. Box 951, Jacksonville, Texas 75766. This
Defendant does business in Texas and can be served with process through its Chairman, Jeff
Austin, Jr., at 200 E. Commerce St., Jacksonville, TX 75766.
13. Defendant Austin Bank Texas, National Association is a subsidiary of
Austin Bancorp, Inc. with its principal place of business located at 200 East Commerce Street,
Jacksonville, Texas 75766. This Defendant does business in Texas and can be served with
process through its Registered Agent for Service, Debbie Colville, 200 East Commerce Street,
Jacksonville, Texas 75766.
14. Defendant BOK Financial Corp. is an Oklahoma Corporation with its
principal place of business located at Bank of Oklahoma Tower, Tulsa, Oklahoma 74192.
This Defendant does business in Texas and can be served with process through its Registered
Agent for Service, Frederic Dorwart, 124 E. 4th
Street, Tulsa, Oklahoma 74103-5010.
15. Defendant Bank of Texas, National Association is a national banking
association with its principal place of business at 5956 Sherry Lane, Suite 1100, Dallas, Texas
75225. This Defendant does business in Texas and can be served with process through any
officer, member or managing agent at 5956 Sherry Lane, Suite 1100, Dallas, Texas 75225.
16. Defendant Bank of the Ozarks, Inc. is an Arkansas Corporation with its
principal place of business located at 17901 Chenal Parkway, Little Rock, Arkansas 72223.
This Defendant does business in Texas and can be served with process through its Registered
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Agent for Service, George G. Gleason II, 17901 Chenal Parkway, Little Rock, Arkansas
72211.
17. Defendant Bank of the Ozarks is a wholly owned subsidiary of Bank of the
Ozarks, Inc. with its principal place of business located at 17901 Chenal Parkway, Little
Rock, Arkansas 72211. This Defendant does business in Texas and can be served with
process through its Registered Agent for Service Dan Thomas, 5949 Sherry Lane, Ste. 1075,
Dallas, Texas 75225.
18. Defendant Cathay General Bancorp is a Delaware Corporation with its
principal place of business located at 777 N. Broadway St., Los Angeles, California 90012-
2819. This Defendant does business in Texas and can be served with process through its
Registered Agent for Service, Perry Oei, 9650 Flair Drive, El Monte, California 91731.
19. Defendant Cathay Bank is a California state chartered commercial bank with
its principal place of business located at 777 N. Broadway St., Los Angeles, California
90012-2819. This Defendant does business in Texas and can be served with process through
its Registered Agent for Service Herbert Ng, Vice President and Manager, 10375 Richmond
Avenue, Suite 1600, Houston, Texas 77042.
20. Defendant Community Trust Financial Corporation is a Louisiana
Corporation with its principal place of business located at 1511 N. Trenton St., Ruston,
Louisiana 71270. This Defendant does business in Texas and can be served through its
Registered Agent for Service, John F. Emory, 1511 N. Trenton St., Ruston, Louisiana 71270.
21. Defendant Community Trust Bank of Texas is a wholly owned subsidiary of
Community Trust Financial Corporation with its principal place of business located at 8222
Douglas Avenue, Ste. 1, Dallas, Texas 75225. This Defendant does business in Texas and
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can be served with process through its Registered Agent for Service, Van E. Pardue, 8222
Douglas Avenue., Ste. 1, Dallas, Texas 75225.
22. Defendant Coppermark Bancshares, Inc. is an Oklahoma Corporation with
its principal place of business located at 4631 NW 23rd
Street, Oklahoma City, Oklahoma
73127-2103. This Defendant does business in Texas and be served with process through its
Registered Agent for Service, Jacque Fiegel, 3333 NW Expressway, Oklahoma City,
Oklahoma 73112.
23. Defendant Coppermark Bank is an Oklahoma Banking Corporation with its
principal place of business at 3333 NW Expressway, Oklahoma City, Oklahoma 73112. This
Defendant does business in Texas and can be served with process through its Registered
Agent for Service, Jerald L. Sanders, 17177 Preston Road, Ste. 150, Dallas, Texas 75248.
24. Defendant Fifth Third Bancorp is an Ohio Corporation with its principal
place of business at 38 Fountain Square Plaza, Cincinnati, Ohio 45263. This Defendant does
business in Texas and can be served with process through its Registered Agent for Service,
Paul L. Reynolds, 38 Fountain Square Plaza, Cincinnati, Ohio 45263.
25. Defendant Fifth Third Bank is an Ohio Corporation with its principal place of
business at 38 Fountain Square Plaza, Cincinnati, Ohio 45263. This Defendant does business
in Texas and can be served with process through its Registered Agent for Service,
Corporation Service Company d/b/a CSC Lawyers Incorporating Service Company, 211 E.
7th
Street, Suite 620, Austin, Texas 78701-3218.
26. Defendant First Financial Bankshares, Inc. is a Texas Corporation with its
principal place of business located at 400 Pine Street, Abilene, Texas 79601. This Defendant
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does business in Texas and can be served with process through its Registered Agent for
Service, F. Scott Dueser, 400 Pine Street, Abilene, Texas 79601.
27. Defendant First Financial Bank, National Association is a Texas State
Financial Institution and a wholly owned subsidiary of First Financial Bankshares, Inc. with
its principal place of business located at 400 Pine Street, Abilene, Texas 79601. This
Defendant does business in Texas and can be served with process through its Registered
Agent for Service, J. Bruce Hildebrand, 400 Pine Street, Suite 310, Abilene, Texas 79601.
28. Defendant First National of Nebraska, Inc. is a privately held interstate bank
holding company with its principal place of business located at 1620 Dodge Street, Omaha,
Nebraska 68197-0003. This Defendant does business in Texas and may be servied with
process through its Registered Agent for Service Timothy D. Hart, 1620 Dodge Street,
Omaha, Nebraska 68197.
29. Defendant First National Bank of Omaha is a banking subsidiary of First
National of Nebraska, Inc. with its principal place of business located at 1620 Dodge Street,
Omaha, Nebraska 68197-0003. This Defendant does business in Texas and can be served
with process through its Registered Agent for Service, CT Corporation System, 350 N. St.
Paul Street, Ste. 2900, Dallas, Texas 75201-4234.
30. Defendant First National Bank Southwest is a banking division of Defendant
First National Bank of Omaha. This Defendant does business in Texas and can be served
with process through its Registered Agent for Service, CT Corporation System, at 350 N. St.
Paul St., Ste. 2900, Dallas, TX 75201-4234.
31. Defendant Durant Bancorp, Inc. is an Oklahoma Corporation with its
principal place of business located at 1400 West Main Street, Durant, Oklahoma 74701. This
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Defendant does business in Texas and can be served with process through its Registered
Agent for Service, John Massey, at 1400 West Main Street, Durant, Oklahoma 74701.
32. Defendant First United Bank and Trust Company d/b/a First United Bank
is a wholly owned subsidiary of Durant Bancorp, Inc. with its principal place of business
located at 1400 West Main Street, Durant, Oklahoma 74701. This Defendant does business in
Texas and can be served with process through its Registered Agent for Service, William
David Keese, at 1700 Redbud Boulevard, Suite 130, McKinney, Texas 75069.
33. Defendant Inwood Bancshares, Inc. is a Texas Corporation with its principal
place of business located at 7621 Inwood Road, Dallas, Texas 75209. This Defendant does
business in Texas and can be served with process through its Registered Agent for Service,
John C. Shackelford, Two Lincoln Centre, 5420 LBJ Freeway, Suite 1475, Dallas, Texas
75240.
34. Defendant Inwood National Bank is a national banking association with its
principal place of business located at 7621 Inwood Road, Dallas, Texas 75209. This
Defendant does business in Texas and can be served with process through any officer,
member or managing agent at 7621 Inwood Road, Dallas, Texas 75209.
35. Defendant Marquette Financial Companies is a privately held financial
services company with its principal place of business located at 60 South Sixth Street, Suite
3800, Minneapolis, Minnesota 55402. This Defendant does business in Texas and can be
served with process through any officer, member or managing agent at 60 South Sixth Street,
Ste. 3800, Minneapolis, Minnesota 55402.
36. Defendant Meridian Bank Texas is a Texas State Financial Institution with its
principal place of business located at 100 Lexington Street, Suite 100, Fort Worth, Texas
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76102. This Defendant does business in Texas and can be served with process through any
officer, member or managing agent at 100 Lexington Street, Suite 100, Ft. Worth, Texas
76102.
37. Defendant Metrocorp Bancshares, Inc. is a Texas Corporation with its
principal place of business located at 9600 Bellaire Blvd., Suite 252, Houston, Texas 77036.
This Defendant does business in Texas and can be served with process through its Registered
Agent for Service, Don J. Wang, 9600 Bellaire Blvd., Suite 252, Houston, Texas 77036.
38. Defendant MetroBank, National Association is a wholly owned subsidiary of
Metrocorp Bancshares, Inc. with its principal place of business located at 9600 Bellaire Blvd.,
Suite 252, Houston, Texas 77036. This Defendant does business in Texas and can be served
with process by serving any officer, member or managing agent at 9600 Bellaire Blvd., Suite
252, Houston, Texas 77036
39. Defendant North Dallas Bank & Trust Co. is a Texas state bank with its
principal place of business located at 12900 Preston Road, Dallas, Texas 75230. This
Defendant does business in Texas and can be served with process by serving its registered
agent and president, Mike Shipman, at 12900 Preston Road, Dallas, Texas 75230.
40. Defendant PlainsCapital Corporation is a Texas Corporation with its
principal place of business located at One Victory Park, 2323, Suite 1400, Victory Avenue,
Dallas, Texas 75219. This Defendant does business in Texas and can be served with process
through its Registered Agent for Service Scott J. Luedke, 2323 Victory Avenue, Suite 1400,
Dallas, Texas 75219.
41. Defendant PlainsCapital Bank is a wholly owned subsidiary of PlainsCapital
Corporation with its principal place of business located at One Victory Park, 2323 Victory
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Avenue, Dallas, Texas 75219. This Defendant does business in Texas and can be served with
process through its Registered Agent for Service, Scott J. Luedke, at 2323 Victory Avenue,
Suite 1400, Dallas, Texas 75219.
42. Defendant Texas Capital Bancshares, Inc. is a Delaware Corporation with its
principal place of business at 2000 McKinney Avenue, Suite 700, Dallas, Texas 75201. This
Defendant does business in Texas and can be served with process through its Registered
Agent for Service, James C. White, at 2100 McKinney Avenue, Ste. 900, Dallas, Texas
75201.
43. Defendant Texas Capital Bank, National Association is a Texas State
Financial Institution with its principal place of business located at 2000 McKinney Ave., Suite
700, Dallas, Texas 75201. This Defendant does business in Texas and can be served with
process through its Registered Agent for Service, James White, 2350 Lakeside Boulevard,
Suite 800, Richardson, Texas 75082.
44. Defendant The ANB Corporation is a Texas Limited Partnership with its
principal place of business located at 102 West Moore Avenue, Terrell, Texas 75160-3114.
This Defendant does business in Texas and can be served with process through its Registered
Agent for Service, John Davidson,, 102 West Moore Avenue, Terrell, Texas 75160.
45. Defendant The American National Bank of Texas is a wholly owned
subsidiary of The ANB Corporation with its principal place of business located at 102 West
Moore Avenue, Terrell, Texas 75160-3114. This Defendant does business in Texas and can
be served with process through its Registered Agent for Service, John Davidson, 102 West
Moore Avenue, Terrell, Texas 75160.
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46. Defendant Central Bancorp, Inc. is a Texas Corporation with its principal
place of business located at 4555 West Walnut Street, Garland, Texas 75042. This Defendant
does business in Texas and can be served with process through its Registered Agent for
Process, Keith Ward, 4555 West Walnut, Garland, Texas 75042.
47. Defendant United Central Bank is a Texas State Financial Institution with its
principal place of business located at 4555 West Walnut Street, Garland, Texas 75042. This
Defendant does business in Texas and can be served with process through its Registered
Agent for Service, R. Tim White, at 4555 West Walnut Street, Garland, Texas 75042.
48. Defendant Woodforest Financial Group, Inc. is a Texas Corporation with its
principal place of business located at 1330 Lake Robbins Drive, Suite 150, The Woodlands,
Texas 77380-3268. This Defendant does business in Texas and can be served with process
through its Registered Agent for Service, M Ann Thomas, 1330 Lake Robbins Drive, The
Woodlands, Texas 77380
49. Defendant Woodforest National Bank is a national banking association with
its principal place of business at 1330 Lake Robbins Drive, The Woodlands, Texas 77380.
This Defendant does business in Texas and can be served with process by serving any officer,
member or managing agent at 1330 Lake Robbins Drive, The Woodlands, Texas 77380.
III. JURISDICTION AND VENUE
50. The allegations of paragraphs 1-49 above are incorporated by reference as if
fully set forth herein.
51. This action for patent infringement arises under the patent laws of the United
States, Title 35 of the United States Code. The Court's jurisdiction over this action is proper
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under the above statutes, including 35 U.S.C. 271 et seq., 28 U.S.C. 1332, and 28 U.S.C.
1338.
52. Personal jurisdiction exists generally over Defendants pursuant to 28 U.S.C.
1391 because they have sufficient minimum contacts with the forum as a result of business
conducted within the State of Texas and within this district. Personal jurisdiction also exists
specifically over Defendants because of Defendants conduct in making, using, selling,
offering to sell, and/or importing, directly, contributorily, and/or by inducement, infringing
products and services within the State of Texas and within this district. At least one of each
of those products and services sold in this District in an infringing manner is set forth in this
Complaint. In addition, upon information and belief Defendants have provided services and
sold products in this District separately and independently, and with or for other infringing
companies that are or were Defendants in related pending litigation in the United States
District Court for the Eastern District of Texas.
53. Venue is proper in this Court under 28 U.S.C. 1391(b), (c), and (d), as well
as 28 U.S.C., 1400(b) for the reasons set forth above and below.
IV. PATENT INFRINGMENT
54. The allegations of paragraphs 1-53 above are incorporated by reference as if
fully set forth herein.
55. DataTreasury is the owner as assignee of all rights, title and interest in and
under United States Patent No. 5,910,988 (the 988 patent), which duly and legally issued
on June 8, 1999, with Claudio Ballard as the named inventor, for an invention in remote
image capture with centralized processing and storage. This patent went through re-
examination with the United States Patent and Trademark Office (USPTO) and was duly
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and legally reissued under United States Patent No. 5,910,988 C1 (the 988 patent) on
October 23, 2007. DataTreasury is the owner as assignee of all rights, title and interest in and
under United States Patent No. 5,910,988 C1 (attached as Exhibit A).
56. DataTreasury is the owner as assignee of all rights, title, and interest in and
under United States Patent No. 6,032,137 (the 137 patent), which duly and legally issued
on February 29, 2000, with Claudio Ballard as the named inventor, for an invention in remote
image capture with centralized processing and storage. This patent went through re-
examination with the USPTO and was duly and legally reissued under United States Patent
No. 6,032,137 C1 (the 137 patent) on December 25, 2007. DataTreasury is the owner as
assignee of all rights, title and interest in and under United States Patent No. 6,032,137 C1
(attached as Exhibit B).
57. This is an exceptional case within the meaning of 35 U.S.C. 285.
V. COUNT ONETHE 988 DEFENDANTS
58. The allegations of paragraphs 1-57 above are incorporated by reference as if
fully set forth herein.
59. The Defendants have been and are infringing the '988 patent by making, using,
selling, offering for sale, and/or importing in or into the United States, directly, contributorily,
and/or by inducement, without authority, products and services that fall within the scope of
the claims of the 988 patent.
60. Specifically, Defendants make, use, sell and offer to sell systems and methods
for image-based check processing. These systems and methods involve Defendants capturing
images of paper checks and processing those checks by electronic image.
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61. Defendants Austin Bank Texas, National Association and Austin Bancorp, Inc.
(the Austin Bank Defendants) infringe the 988 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the Austin Bank Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture (e.g.
Merchant Deposit) systems and processes. Image capture is performed on checks and other
financial documents by and through Austin Banks prime pass image capture and remote
deposit capture systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of Austin Bank can view the check images
through their online banking services.
62. Defendants Bank of Texas, National Association and BOK Financial Corp.
(the Bank of Texas Defendants) infringe the 988 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Bank of Texas Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Remote Corporate Capture (RCC)) systems and processes. Image capture is
performed on checks and other financial documents by and through Bank of Texass prime
pass image capture and remote deposit capture systems and processes. The check images are
transmitted electronically, processed, archived, and/or exchanged with other financial
institutions by and/or within these image-based systems and processes. Customers of Bank of
Texas can view the check images through their online banking services.
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63. Defendants Bank of the Ozarks and Bank of the Ozarks, Inc. (the Bank ofthe
Ozarks Defendants) infringe the 988 patent by making, using, selling, offering to sell,
and/or importing, systems and methods for image-based check processing. Specifically, the
Bank of the Ozarks Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture (e.g.
Express Deposit) systems and processes. Image capture is performed on checks and other
financial documents by and through Bank of the Ozarks prime pass image capture and
remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of Bank of the Ozarks
can view the check images through their online banking services.
64. Defendants Cathay Bank and Cathay General Bancorp (the Cathay Bank
Defendants) infringe the 988 patent by making, using, selling, offering to sell, and/ or
importing, systems and methods for image-based check processing. Specifically, the Cathay
Bank Defendants infringe, literally and/or under the doctrine of equivalents, at least through
their prime pass image capture and archive and remote deposit capture (e.g., Merchant
Deposit Capture) systems and processes. Image capture is performed on checks and other
financial documents by and through Cathay Banks prime pass image capture and remote
deposit capture systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of Cathay Bank can view the check images
through their online banking services.
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65. Defendants Community Trust Bank of Texas and Community Trust Financial
Corporation (the Community Trust Bank Defendants) infringe the 988 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Community Trust Bank Defendants infringe, literally and/or
under the doctrine of equivalents, at least through their prime pass image capture and archive
and remote deposit capture (e.g., Community Trust Bank Remote Deposit) systems and
processes. Image capture is performed on checks and other financial documents by and
through Community Trust Banks prime pass image capture and remote deposit capture
systems and processes. The check images are transmitted electronically, processed, archived,
and/or exchanged with other financial institutions by and/or within these image-based systems
and processes. Customers of Community Trust Bank can view the check images through their
online banking services.
66. Defendants Coppermark Bank and Coppermark Bancshares, Inc. (the
Coppermark Bank Defendants) infringe the 988 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Coppermark Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Desktop Deposit) systems and processes. Image capture is performed on checks
and other financial documents by and through Coppermark Banks prime pass image capture
and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of Coppermark Bank can
view the check images through their online banking services.
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67. Defendants Fifth Third Bank and Fifth Third Bancorp (the Fifth Third Bank
Defendants) infringe the 988 patent by making, using, selling, offering to sell, and/or
importing, systems and methods for image-based check processing. Specifically, the Fifth
Third Bank Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g.,
Electronic Deposit Manager (EDM)) systems and processes. Image capture is performed on
checks and other financial documents by and through Fifth Third Banks prime pass image
capture and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of Fifth Third Bank can
view the check images through their online banking services.
68. Defendants First Financial Bank, National Association and First Financial
Bankshares, Inc. (the First Financial Bank Defendants) infringe the 988 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the First Financial Bank Defendants infringe, literally and/or under
the doctrine of equivalents, at least through their prime pass image capture and archive and
remote deposit capture systems and processes. Image capture is performed on checks and
other financial documents by and through First Financial Banks prime pass image capture
and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of First Financial Bank
can view the check images through their online banking services.
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69. Defendants First National Bank of Omaha, First National Bank Southwest, and
First National of Nebraska, Inc. (the First National Bank Defendants) infringe the 988
patent by making, using, selling, offering to sell, and/or importing, systems and methods for
image-based check processing. Specifically, the First National Bank Defendants infringe,
literally and/or under the doctrine of equivalents, at least through their prime pass image
capture and archive and remote deposit capture (e.g., FirstImage Remote) systems and
processes. Image capture is performed on checks and other financial documents by and
through the First National Bank Defendants prime pass image capture and remote deposit
capture systems and processes. The check images are transmitted electronically, processed,
archived, and/or exchanged with other financial institutions by and/or within these image-
based systems and processes. Customers of the First National Bank Defendants can view the
check images through their online banking services.
70. Defendants First United Bank and Trust Company d/b/a First United Bank and
Durant Bancorp, Inc. (the First United Bank Defendants) infringe the 988 patent by
making, using, selling, offering to sell, and/or importing, systems and methods for image-
based check processing. Specifically, the First United Bank Defendants infringe, literally
and/or under the doctrine of equivalents, at least through their prime pass image capture and
archive and remote deposit capture (e.g., eMerchant DepositSM
) systems and processes.
Image capture is performed on checks and other financial documents by and through First
United Banks prime pass image capture and remote deposit capture systems and processes.
The check images are transmitted electronically, processed, archived, and/or exchanged with
other financial institutions by and/or within these image-based systems and processes.
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Customers of First United Bank can view the check images through their online banking
services.
71. Defendants Inwood National Bank and Inwood Bancshares, Inc. (the Inwood
National Bank Defendants) infringe the 988 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the Inwood National Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture systems and processes. Image capture is performed on checks and other financial
documents by and through Inwood National Banks prime pass image capture and remote
deposit capture systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of Inwood National Bank can view the check
images through their online banking services.
72. Defendants Meridian Bank Texas and Marquette Financial Companies (the
Meridian Bank Texas Defendants) infringe the 988 patent by making, using, selling,
offering to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Meridian Bank Texas Defendants infringe, literally and/or under the doctrine
of equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Express Deposit) systems and processes. Image capture is performed on checks
and other financial documents by and through Meridian Bank Texass prime pass image
capture and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
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and/or within these image-based systems and processes. Customers of Meridian Bank Texas
can view the check images through their online banking services.
73. Defendants MetroBank, National Association and Metrocorp Bancshares, Inc.
(the MetroBank Defendants) infringe the 988 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the MetroBank Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g.,
Deposit@Work) systems and processes. Image capture is performed on checks and other
financial documents by and through MetroBanks prime pass image capture and remote
deposit capture systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of MetroBank can view the check images
through their online banking services.
74. Defendant North Dallas Bank & Trust Co. (NDBT) infringes the 988 patent
by making, using, selling, offering to sell, and/or importing, systems and methods for image-
based check processing. Specifically, NDBT infringes, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture systems and processes. Image capture is performed on checks and other financial
documents by and through NDBTs prime pass image capture and remote deposit capture
systems and processes. The check images are transmitted electronically, processed, archived,
and/or exchanged with other financial institutions by and/or within these image-based systems
and processes. Customers of NDBT can view the check images through their online banking
services.
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75. Defendants PlainsCapital Bank and PlainsCapital Corporation (the
PlainsCapital Bank Defendants) infringe the 988 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the PlainsCapital Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., DepositDirect) systems and processes. Image capture is performed on checks
and other financial documents by and through PlainsCapital Banks prime pass image capture
and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of PlainsCapital Bank
can view the check images through their online banking services.
76. Defendants Texas Capital Bank, National Association and Texas Capital
Bancshares, Inc. (the Texas Capital Bank Defendants) infringe the 988 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Texas Capital Bank Defendants infringe, literally and/or under
the doctrine of equivalents, at least through their prime pass image capture and archive and
remote deposit capture (e.g., BankNow Treasury Services Remote Deposit Capture) systems
and processes. Image capture is performed on checks and other financial documents by and
through Texas Capital Banks prime pass image capture, remote deposit capture, and cash
vault imaging systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of Texas Capital Bank can view the check
images through their online banking services.
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77. Defendants The American National Bank of Texas and The ANB Corporation
(the ANB Texas Defendants) infringe the 988 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the ANB Texas Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g., A-Direct
Way) systems and processes. Image capture is performed on checks and other financial
documents by and through ANB Texass prime pass image capture and remote deposit
capture systems and processes. The check images are transmitted electronically, processed,
archived, and/or exchanged with other financial institutions by and/or within these image-
based systems and processes. Customers of ANB Texas can view the check images through
their online banking services.
78. Defendants United Central Bank and Central Bancorp, Inc. (the United
Central Bank Defendants) infringe the 988 patent by making, using, selling, offering to sell,
and/or importing, systems and methods for image-based check processing. Specifically, the
United Central Bank Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture systems
and processes. Image capture is performed on checks and other financial documents by and
through United Central Banks prime pass image capture and remote deposit capture systems
and processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
processes. Customers of United Central Bank can view the check images through their online
banking services.
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79. Defendants Woodforest National Bank and Woodforest Financial Group, Inc.
(the Woodforest National Bank Defendants) infringe the 988 patent by making, using,
selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Woodforest National Bank Defendants infringe, literally and/or
under the doctrine of equivalents, at least through their prime pass image capture and archive
and remote deposit capture systems and processes. Image capture is performed on checks and
other financial documents by and through Woodforest National Banks prime pass image
capture and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of Woodforest National
Bank can view the check images through their online banking services.
80. In addition to the direct infringement identified, each Defendant is liable for
contributory infringement and/or inducement of infringement, as well as joint infringement,
because these Defendants direct their customers to infringe directly and participate with their
customers in directly infringing when using the banks products and services identified herein.
In addition, the Defendants have been and are actively inducing and/or contributing to the
infringement of the '988 patent among themselves.
81. Unless the Defendants are enjoined by this Court, DataTreasury is without an
adequate remedy at law.
82. The Defendants infringement of the '988 patent has been and is willful. Each
Defendant listed herein has had notice and knowledge of the DTC patents and their
infringement of the patents for years, including by way of the public notice set forth in
paragraphs 1-9. Upon information and belief, the Defendants have known for years about the
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Ballard patents and their affirmation in re-examination, success in court, and multiple consent
judgments and licenses through the widespread press coverage, industry organization
meetings, and/or Congressional activities discussed herein.
VI. COUNT TWOTHE 137 DEFENDANTS
83. The allegations of paragraphs 1-82 above are incorporated by reference as if
fully set forth herein.
84. The Defendants have been and are infringing the 137 patent by making, using,
selling, offering for sale, and/or importing in or into the United States, directly, contributorily,
and/or by inducement, without authority, products and services that fall within the scope of
the claims of the 137 patent.
85. Specifically, Defendants make, use, sell and offer to sell systems and methods
for image-based check processing. These systems and methods involve Defendants capturing
images of paper checks and processing those checks by electronic image.
86. Defendants Austin Bank Texas, National Association and Austin Bancorp, Inc.
(the Austin Bank Defendants) infringe the 137 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the Austin Bank Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture (e.g.
Merchant Deposit) systems and processes. Image capture is performed on checks by and
through Austin Banks prime pass image capture and remote deposit capture systems and
processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
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processes. Customers of Austin Bank can view the check images through their online
banking services.
87. Defendants Bank of Texas, National Association and BOK Financial Corp.
(the Bank of Texas Defendants) infringe the 137 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Bank of Texas Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Remote Corporate Capture (RCC)) systems and processes. Image capture is
performed on checks by and through Bank of Texass prime pass image capture and remote
deposit capture systems and processes. The check images are transmitted electronically,
processed, archived, and/or exchanged with other financial institutions by and/or within these
image-based systems and processes. Customers of Bank of Texas can view the check images
through their online banking services.
88. Defendants Bank of the Ozarks and Bank of the Ozarks, Inc. (the Bank of the
Ozarks Defendants) infringe the 137 patent by making, using, selling, offering to sell,
and/or importing, systems and methods for image-based check processing. Specifically, the
Bank of the Ozarks Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture (e.g.
Express Deposit) systems and processes. Image capture is performed on checks by and
through Bank of the Ozarkss prime pass image capture and remote deposit capture systems
and processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
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processes. Customers of Bank of the Ozarks can view the check images through their online
banking services.
89. Defendants Cathay Bank and Cathay General Bancorp (the Cathay Bank
Defendants) infringe the 137 patent by making, using, selling, offering to sell, and/or
importing, systems and methods for image-based check processing. Specifically, the Cathay
Bank Defendants infringe, literally and/or under the doctrine of equivalents, at least through
their prime pass image capture and archive and remote deposit capture (e.g., Merchant
Deposit Capture) systems and processes. Image capture is performed on checks by and
through Cathay Banks prime pass image capture and remote deposit capture systems and
processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
processes. Customers of Cathay Bank can view the check images through their online
banking services.
90. Defendants Community Trust Bank of Texas and Community Trust Financial
Corporation (the Community Trust Bank Defendants) infringe the 137 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Community Trust Bank Defendants infringe, literally and/or
under the doctrine of equivalents, at least through their prime pass image capture and archive
and remote deposit capture (e.g., Community Trust Bank Remote Deposit) systems and
processes. Image capture is performed on checks by and through Community Trust Banks
prime pass image capture and remote deposit capture systems and processes. The check
images are transmitted electronically, processed, archived, and/or exchanged with other
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financial institutions by and/or within these image-based systems and processes. Customers
of Community Trust Bank can view the check images through their online banking services.
91. Defendants Coppermark Bank and Coppermark Bancshares, Inc. (the
Coppermark Bank Defendants) infringe the 137 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Coppermark Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Desktop Deposit) systems and processes. Image capture is performed on checks
by and through Coppermark Banks prime pass image capture and remote deposit capture
systems and processes. The check images are transmitted electronically, processed, archived,
and/or exchanged with other financial institutions by and/or within these image-based systems
and processes. Customers of Coppermark Bank can view the check images through their
online banking services.
92. Defendants Fifth Third Bank and Fifth Third Bancorp (the Fifth Third Bank
Defendants) infringe the 137 patent by making, using, selling, offering to sell, and/or
importing, systems and methods for image-based check processing. Specifically, the Fifth
Third Bank Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g.,
Electronic Deposit Manager (EDM)) systems and processes. Image capture is performed on
checks by and through Fifth Third Banks prime pass image capture and remote deposit
capture systems and processes. The check images are transmitted electronically, processed,
archived, and/or exchanged with other financial institutions by and/or within these image-
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based systems and processes. Customers of Fifth Third Bank can view the check images
through their online banking services.
93. Defendants First Financial Bank, National Association and First Financial
Bankshares, Inc. (the First Financial Bank Defendants) infringe the 137 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the First Financial Bank Defendants infringe, literally and/or under
the doctrine of equivalents, at least through their prime pass image capture and archive and
remote deposit capture systems and processes. Image capture is performed on checks by and
through First Financial Banks prime pass image capture and remote deposit capture systems
and processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
processes. Customers of First Financial Bank can view the check images through their online
banking services.
94. Defendants First National Bank of Omaha, First National Bank Southwest, and
First National of Nebraska, Inc. (the First National Bank Defendants) infringe the 137
patent by making, using, selling, offering to sell, and/or importing, systems and methods for
image-based check processing. Specifically, the First National Bank Defendants infringe,
literally and/or under the doctrine of equivalents, at least through their prime pass image
capture and archive and remote deposit capture (e.g., FirstImage Remote) systems and
processes. Image capture is performed on checks by and through the First National Bank
Defendants prime pass image capture and remote deposit capture systems and processes.
The check images are transmitted electronically, processed, archived, and/or exchanged with
other financial institutions by and/or within these image-based systems and processes.
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Customers of the First National Bank Defendants can view the check images through their
online banking services.
95. Defendants First United Bank and Trust Company d/b/a First United Bank and
Durant Bancorp, Inc. (the First United Bank Defendants) infringe the 137 patent by
making, using, selling, offering to sell, and/or importing, systems and methods for image-
based check processing. Specifically, the First United Bank Defendants infringe, literally
and/or under the doctrine of equivalents, at least through their prime pass image capture and
archive and remote deposit capture (e.g., eMerchant DepositSM) systems and processes. Image
capture is performed on checks by and through First United Banks prime pass image capture
and remote deposit capture systems and processes. The check images are transmitted
electronically, processed, archived, and/or exchanged with other financial institutions by
and/or within these image-based systems and processes. Customers of First United Bank can
view the check images through their online banking services.
96. Defendants Inwood National Bank and Inwood Bancshares, Inc. (the Inwood
National Bank Defendants) infringe the 137 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the Inwood National Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture systems and processes. Image capture is performed on checks by and through Inwood
National Banks prime pass image capture and remote deposit capture systems and processes.
The check images are transmitted electronically, processed, archived, and/or exchanged with
other financial institutions by and/or within these image-based systems and processes.
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Customers of Inwood National Bank can view the check images through their online banking
services.
97. Defendants Meridian Bank Texas and Marquette Financial Companies (the
Meridian Bank Texas Defendants) infringe the 137 patent by making, using, selling,
offering to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the Meridian Bank Texas Defendants infringe, literally and/or under the doctrine
of equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., Express Deposit) systems and processes. Image capture is performed on checks
by and through Meridian Bank Texass prime pass image capture and remote deposit capture
systems and processes. The check images are transmitted electronically, processed, archived,
and/or exchanged with other financial institutions by and/or within these image-based systems
and processes. Customers of Meridian Bank Texas can view the check images through their
online banking services.
98. Defendants MetroBank, National Association and Metrocorp Bancshares, Inc.
(the MetroBank Defendants) infringe the 137 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the MetroBank Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g.,
Deposit@Work) systems and processes. Image capture is performed on checks by and
through MetroBanks prime pass image capture and remote deposit capture systems and
processes. The check images are transmitted electronically, processed, archived, and/or
exchanged with other financial institutions by and/or within these image-based systems and
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processes. Customers of MetroBank can view the check images through their online banking
services.
99. Defendant North Dallas Bank & Trust Co. (NDBT) infringes the 137 patent
by making, using, selling, offering to sell, and/or importing, systems and methods for image-
based check processing. Specifically, NDBT infringes, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture systems and processes. Image capture is performed on checks by and through
NDBTs prime pass image capture and remote deposit capture systems and processes. The
check images are transmitted electronically, processed, archived, and/or exchanged with other
financial institutions by and/or within these image-based systems and processes. Customers
of NDBT can view the check images through their online banking services.
100. Defendants PlainsCapital Bank and PlainsCapital Corporation (the
PlainsCapital Bank Defendants) infringe the 137 patent by making, using, selling, offering
to sell, and/or importing, systems and methods for image-based check processing.
Specifically, the PlainsCapital Bank Defendants infringe, literally and/or under the doctrine of
equivalents, at least through their prime pass image capture and archive and remote deposit
capture (e.g., DepositDirect) systems and processes. Image capture is performed on checks by
and through PlainsCapital Banks prime pass image capture and remote deposit capture
systems and processes. The check images are transmitted electronically, processed, archived,
and/or exchanged with other financial institutions by and/or within these image-based systems
and processes. Customers of PlainsCapital Bank can view the check images through their
online banking services.
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101. Defendants Texas Capital Bank, National Association and Texas Capital
Bancshares, Inc. (the Texas Capital Bank Defendants) infringe the 137 patent by making,
using, selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Texas Capital Bank Defendants infringe, literally and/or under
the doctrine of equivalents, at least through their prime pass image capture and archive and
remote deposit capture (e.g., BankNow Treasury Services Remote Deposit Capture) systems
and processes. Image capture is performed on checks by and through Texas Capital Banks
prime pass image capture, remote deposit capture, cash vault imaging systems and processes.
The check images are transmitted electronically, processed, archived, and/or exchanged with
other financial institutions by and/or within these image-based systems and processes.
Customers of Texas Capital Bank can view the check images through their online banking
services.
102. Defendants The American National Bank of Texas and The ANB Corporation
(the ANB Texas Defendants) infringe the 137 patent by making, using, selling, offering to
sell, and/or importing, systems and methods for image-based check processing. Specifically,
the ANB Texas Defendants infringe, literally and/or under the doctrine of equivalents, at least
through their prime pass image capture and archive and remote deposit capture (e.g., A-Direct
Way) systems and processes. Image capture is performed on checks by and through ANB
Texass prime pass image capture and remote deposit capture systems and processes. The
check images are transmitted electronically, processed, archived, and/or exchanged with other
financial institutions by and/or within these image-based systems and processes. Customers
of ANB Texas can view the check images through their online banking services.
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103. Defendants United Central Bank and Central Bancorp, Inc. (the United
Central Bank Defendants) infringe the 137 patent by making, using, selling, offering to sell,
and/or importing, systems and methods for image-based check processing. Specifically, the
United Central Bank Defendants infringe, literally and/or under the doctrine of equivalents, at
least through their prime pass image capture and archive and remote deposit capture systems
and processes. Image capture is performed on checks by and through United Central Banks
prime pass image capture and remote deposit capture systems and processes. The check
images are transmitted electronically, processed, archived, and/or exchanged with other
financial institutions by and/or within these image-based systems and processes. Customers
of United Central Bank can view the check images through their online banking services.
104. Defendants Woodforest National Bank and Woodforest Financial Group, Inc.
(the Woodforest National Bank Defendants) infringe the 137 patent by making, using,
selling, offering to sell, and/or importing, systems and methods for image-based check
processing. Specifically, the Woodforest National Bank Defendants infringe, literally and/or
under the doctrine of equivalents, at least through their prime pass image capture and archive
and remote deposit capture systems and processes. Image capture is performed on checks by
and through Woodforest National Banks prime pass image capture and remote deposit
capture systems and processes. The check images are transmitted electronically, processed,
archived, and/or exchanged with other financial institutions by and/or within these image-
based systems and processes. Customers of Woodforest National Bank can view the check
images through their online banking services.
105. In addition to the direct infringement identified, each Defendant is liable for
contributory infringement and/or inducement of infringement, as well as joint infringement,
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because these Defendants direct their customers to infringe directly and participate with their
customers in directly infringing when using the banks products and services identified herein.
In addition, the Defendants have been and are actively inducing and/or contributing to the
infringement of the 137 patent among themselves.
106. Unless the Defendants are enjoined by this Court, DataTreasury is without an
adequate remedy at law.
107. The Defendants infringement of the 137 patent has been and is willful. Each
Defendant listed herein has had notice and knowledge of the DTC patents and their
infringement of the patents for years, including by way of the public notice set forth in
paragraphs 1-9. Upon information and belief, the Defendants have known for years about the
Ballard patents and their affirmation in re-examination, success in court, and multiple consent
judgments and licenses through the widespread press coverage, industry organization
meetings, and/or Congressional activities discussed herein.
VII. VICARIOUS LIABILITY
108. The allegations of paragraphs 1-107 above are incorporated by reference as if
fully set forth herein.
109. In addition to liability for their own independent conduct, the Defendants are
also liable for the conduct of their subsidiaries, affiliates, and related entities under the
doctrines of alter ego and single business enterprise, and under applicable state and federal
statutes and regulations. Specifically, each parent company or holding company entity
identified herein is the alter ego of its operating entity Defendant identified herein. For
example, they have common stock ownership (i.e., parent companies owning all stock of the
operating subsidiaries), common directors and officers, common business departments and
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headquarters; the parent or holding company finances and pays the expenses of the subsidiary;
and the daily operations, board meetings, books and/or records of the two companies are not
kept separate.
VIII. DAMAGES
110. The allegations of paragraphs 1-109 above are incorporated by reference as if
fully set forth herein.
111. For the above-described infringement, Plaintiff has been injured and seeks
damages to adequately compensate it for Defendants infringement of the Ballard patents.
Such damages should be no less than the amount of a reasonable royalty under 35 U.S.C.
284.
112. DataTreasury contends that Defendants willfully infringed the Ballard patents.
Plaintiff requests that the Court enter a finding of willful infringement and enhanced damages
under 35 U.S.C. 284 up to three times the amount found by the trier of fact.
113. Plaintiff further requests that the Court enter an order finding that this is an
exceptional case within the meaning of 35 U.S.C. 285. Pursuant to such an order Plaintiff
seeks recovery of its reasonable attorneys fees and expenses.
IX. JURY DEMAND
114. The allegations of paragraphs 1-114 above are incorporated by reference as if
fully set forth herein.
115. Plaintiff requests a jury trial for all issues triable to a jury.
X. PRAYER FOR RELIEF
116. The allegations of paragraphs 1-115 above are incorporated by reference as if
fully set forth herein.
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117. DataTreasury respectfully requests the following relief:
A. That the Court declare that the 988 and 137 patents are valid and
enforceable and that they are infringed by Defendants as described herein;
B. That the Court enter a permanent injunction against Defendants direct
infringement of the 988 and 137 patents;
C. That the Court enter a permanent injunction against Defendants active
inducement of infringement and/or contributory infringement of the 988 and 137
patents among themselves and by others;
D. That the Court award damages to DataTreasury to which it is entitled
for patent infringement;
E. That the Court award interest on the damages to DataTreasury;
F. That the Court treble all damages and interest for willful infringement;
G. That the Court award to DataTreasury its costs and attorneys fees
incurred in this action; and
H. Such other and further relief as the Court deems just and proper.
Dated: September 8, 2011
Respectfully submitted,
____________________________________
NELSON J.ROACH, Attorney in Charge
STATE BARNO. 16968300
DEREK GILLILANDSTATE BARNO. 24007239
NIX PATTERSON &ROACH,L.L.P.
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205 Linda Drive
Daingerfield, Texas 75638
903.645.7333 (telephone)
C. CARY PATTERSONSTATE BARNO. 15587000
BRADY PADDOCKSTATE BARNO. 00791394
R.BENJAMIN KING
STATE BARNO. 24048592
NIX PATTERSON &ROACH L.L.P.2900 St. Michael Drive, Suite 500
Texarkana, Texas 75503
903.223.3999 (telephone)903.223.8520 (facsimile)
ANTHONY BRUSTER
STATE BARNO. 24036280
ROD COOPER
STATE BARNO. 90001628
EDWARD CHIN
STATE BARNO..50511688
NICOLE REED KLIEWERSTATE BARNO.24041759
ANDREW WRIGHT
STATE BARNO.24063927
NIX PATTERSON &ROACH,L.L.P.5215 N. OConnor Blvd., Suite 1900
Irving, Texas 75039972.831.1188 (telephone)
972.444.0716 (facsimile)
[email protected]@me.com
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected] -
8/4/2019 Datatreasury v. Austin Bancorp et. al.
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JOE KENDALLSTATE BARNO. 11260700
KARL RUPP
STATE BARNO. 24035243
KENDALL LAW GROUP,LLP
3232 McKinney Avenue, Ste. 700Dallas, Texas 75204214.744.3000 (telephone)
214.744.3015 (facsimile)
[email protected]@kendalllawgroup.com
ERIC M. ALBRITTONSTATE BARNO. 00790215
ALBRITTON LAW FIRM
P.O. Box 2649Longview, Texas 75606
903.757.8449 (telephone)
903.758.7397 (facsimile)
T.JOHN WARD,JR.
STATE BAR NO. 00794818WARD &SMITH LAW FIRM
P.O. Box 1231Longview, Texas 75606903.757.6400 (telephone)903.757.2323 (facsimile)[email protected]
ATTORNEYS FOR PLAINTIFF
DATATREASURY CORPORATION
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]