Case 1:23-cv-00278-MN Document 12 Filed 05/19/23 Page 1 of 29 PageID #: 353
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`UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`PAYRANGE INC.,
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`Plaintiff,
`
`v.
`
`Civil Action No.: 1:23-cv-00278-MN
`
`CSC SERVICEWORKS, INC.,
`
`JURY TRIAL DEMANDED
`
`Defendant.
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`FIRST AMENDED COMPLAINT FOR PATENT INFRINGEMENT
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`1.
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`Plaintiff PayRange Inc. (“PayRange”) hereby alleges as follows for its First
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`Amended Complaint against Defendant CSC ServiceWorks, Inc. (“CSC”).
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`FACTUAL BACKGROUND
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`2.
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`This case is about two companies: PayRange, which pioneered a mobile payment
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`system for unattended retail machines through its patented technology and, CSC, which strung
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`PayRange along with promises of a partnership all the while copying PayRange’s technology. In
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`doing so, CSC willfully infringed PayRange’s patent rights.
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`3.
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`As background, PayRange’s acclaimed technology enables its customers to
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`upgrade a coin-operated unattended retail machine into a state-of-the-art mobile payment
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`solution with a small module, called “BluKey.” PayRange’s mobile app communicates with
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`BluKey to enable mobile transactions. The United States Patent & Trademark Office
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`(“USPTO”) awarded PayRange a portfolio of patents for its innovations.
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`4.
`
`In 2013, a private entity firm (Pamplona Capital Management, LLP) acquired and
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`merged two companies: Coinmach Service Corporation and AIR-serv Group. From this merger,
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`CSC was formed as the preeminent owner, nationwide, of coin-operated laundry machines,
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`which are leased to apartment complexes and hotels for use by occupants. The Ontario
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`Teacher’s Pension Plan and Neurberger Berman private equity firm subsequently acquired a
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`significant stake in CSC.
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`5.
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`On information and belief, CSC witnessed PayRange’s emergence and devised a
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`scheme to transform itself from a laundry machine operator into a profitable technology
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`company. On information and belief, CSC began in 2016 by fraudulently notifying thousands of
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`CSC customers that CSC was authorized to immediately begin charging a 9.75% administrative
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`fee. CSC’s assertion was false and this resulted in a class action lawsuit. Undeterred, CSC
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`sought to accelerate its transformation by deceiving PayRange into disclosing its patented
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`technology under the guise that CSC was evaluating PayRange’s technology for a partnership.
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`In truth, there was never to be a partnership. On the contrary, CSC was systematically copying
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`PayRange’s patented technology to develop its own copycat system (named CSC Go and
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`CSCPay Mobile).
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`6.
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`On information and belief, CSC initiated its scheme to deceive PayRange in
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`October 2016. At an initial meeting, CSC’s Executive Vice President (Taylor Doggett)
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`commented that PayRange’s “timing is impeccable, as we are looking for ways in payment
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`systems to take coins out of the room cost effectively …” (emphasis added). CSC clearly
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`recognized the need to rapidly upgrade its payment systems to increase its profitability and
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`valuation. To do so, CSC needed PayRange’s patented technology, but, did not want to pay
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`PayRange for at least two reasons: (1) CSC wanted to reposition itself as a technology company
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`with current and future investors and (2) paying a license fee would reduce CSC’s profitability.
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`7.
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`Impressed with PayRange’s technology, CSC scheduled a face-to-face meeting in
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`early 2017. On information and belief, even though CSC was working to build its own solution,
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`CSC continued engaging PayRange under the pretense of “evaluating” its technology. At the
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`meeting, PayRange made a detailed technical presentation. The following annotated meeting
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`slide emphasizes PayRange’s “patented technology”:
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`8.
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`CSC therefore knew that PayRange’s solution was covered by one or more
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`patents. Further, on information and belief, CSC knew that copying PayRange’s products would
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`constitute patent infringement. To the extent that CSC did not have pre-suit knowledge of any
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`patent-in-suit, it was because CSC willfully blinded itself to such knowledge. For example, CSC
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`may have willfully avoided looking at PayRange patents, despite knowing (or reasonably
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`suspecting) that PayRange had relevant patents. PayRange’s presentation also provided
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`information regarding its “connected room” device, named “BluKey Connect”:
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`9.
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`CSC expressed keen interest in PayRange’s connected room. CSC then requested
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`sample BluKey devices “for immediate testing.” (emphasis added). PayRange shipped three
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`devices to CSC at no cost for CSC to evaluate. The invoice included with the order references
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`the Operator Terms of Service on the PayRange website.
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`10.
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`The website referenced on the invoice has clear notification for the PayRange
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`patents, along with the terms of service which confirm PayRange’s ownership of intellectual
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`property rights.
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`11.
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`CSC opened the packaging to retrieve the devices upon receipt. The packaging of
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`the devices has clear notification for the patents plainly visible from the exterior, and CSC likely
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`opened the package from the back side with the notification to remove the device from the
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`packaging.
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`12.
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`Upon information and belief, after CSC removed the devices from the packaging,
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`the devices were registered the PayRange website. Again, the website has patent notifications.
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`The user creating the CSC operator account must accept the terms and conditions of the
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`PayRange service prior to account sign-in. The terms and conditions state that the PayRange
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`service is protected by intellectual property laws.
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`13.
`
`CSC’s account (No. A11746) was created on the PayRange platform and is
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`registered to Mr. Taylor Doggett, who PayRange was communicating with regarding the
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`evaluation of the product and who had previously commented in October 2016 that PayRange’s
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`“timing is impeccable, as we are looking for ways in payment systems to take coins out of the
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`room cost effectively …” (emphasis added).
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`14.
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`Once CSC is signed in, it must register the device on the PayRange Manage web
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`portal. The PayRange BluKey device serial number and PIN are required for registration, which
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`are found on a label on the back of the device. The label contains a patent notification (the device
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`picture below is the same model sent to CSC, but not the actual serial number).
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`CSC would have had to look at the device label to obtain the serial number and PIN and would
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`have been informed that there is at least one, if not more, patents covering the PayRange
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`technology including United States Patent No. 8,856,045 (“the ’045 Patent”). Further, upon
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`information and belief, CSC did look at the label because the devices were registered to the CSC
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`account between April 19, 2017 and May 5, 2017. To the extent that CSC did not have pre-suit
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`knowledge of any patent-in-suit, CSC’s behavior (including its failure to ever explain non-
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`infringement or invalidity) is evidence of willful blindness.
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`Once registered, CSC performed 32 test transactions using the evaluation devices they received,
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`unpacked, and registered.
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`15.
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`Impressed with the testing results, CSC scheduled an in-depth private meeting at
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`the June 2017 “Clean Show,” which is a major trade show for laundry route operators. CSC’s
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`senior management, including its Chief Operations Officer (Phil Emma) and Executive Vice
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`President (Taylor Doggett) attended the show. After the meeting, Mr. Emma wrote that he was
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`“impressed with the progress that you and the team have made connecting laundry into
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`PayRange.” (emphasis added). CSC encouraged PayRange to provide even more detailed
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`technical information.
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`16.
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`Believing that a deal with CSC was imminent, PayRange provided another
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`detailed presentation which, in the executive summary section, noted that “[a] partnership with
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`PayRange will include appropriate licenses of our extensive intellectual property portfolio
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`which can help protect CSC against claims of infringement by others as you will be using our
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`intellectual property and technology.” (emphasis added). PayRange’s presentation went on to
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`provide the following overview of its system architecture:
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`17.
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`PayRange’s technical presentation also identified its then issued patents, including
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`at least one of the patents-in-suit:
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`18.
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`PayRange’s presentation expressly identified the ’045 patent. The ’208 patent is a
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`continuation of the ’045 patent, thus sharing the same specification and figures. The ’608 patent
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`is a continuation-in-part of U.S. Patent No. 9,256,873, which PayRange expressly identified.
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`The ’772 patent is an indirect continuation of U.S. Patent No. 9,659,296, which is also expressly
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`identified. To the extent that CSC did not expressly have knowledge of any patent-in-suit by
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`virtue of the above presentation, CSC willfully blinded itself to such knowledge by failing to
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`investigate patent families which PayRange identified as relevant.
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`19.
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`CSC clearly knew that copying PayRange’s products was patent infringement.
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`On information and belief, CSC was impressed with PayRange’s proposal, including PayRange’s
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`extensive patent portfolio. PayRange, in fact, met with CSC twice more to discuss PayRange’s
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`patented technology in even greater detail. After improperly obtaining as much information
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`from PayRange as it could, in early 2018, CSC abruptly terminated communications with
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`PayRange. PayRange sought an explanation, but CSC remained suspiciously tight-lipped. To
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`the extent that CSC did not have pre-suit knowledge of any patent-in-suit, CSC’s behavior
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`(including its failure to ever explain non-infringement or invalidity) is evidence of willful
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`blindness.
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`20.
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`In April 2018, CSC released its own mobile app (CSCPay Mobile) with
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`functionality copying the PayRange’s mobile app. Through CSC’s product release, its true
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`motives came to light. CSC had extracted information from PayRange to provide CSC with a
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`technical shortcut, thus brazenly disregarding PayRange’s patent rights. The release of CSC Go
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`coincided with CSC’s valuation increasing from $3 billion in 2018 to over $4 billion in 2020 as
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`it was now repositioned from an operator of automated retail machines into a technology
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`company operating automated retail machines. That same year, CSC released a second mobile
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`app (CSC Go) which like the original CSCPay App, copied the functionality of the PayRange
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`App.
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`21.
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`On Mach 4, 2021, CSC was deposed in another patent lawsuit brought by
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`PayRange against KioSoft, its technology supplier at the time. On information and belief, the
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`fact that CSC’s technology supplier was being accused of patent infringement caused CSC to
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`investigate PayRange’s patent portfolio, resulting in CSC attaining knowledge of the patents-in-
`
`suit.
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`22.
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`On March 3, 2023, PayRange sent CSC’s counsel a detailed presentation
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`discussing its intellectual property and CSC’s continued infringement. PayRange also sent a
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`draft complaint which included specific and detailed allegations for each patent-in-suit. CSC did
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`not substantively respond and, on information and belief, took no steps to abate its ongoing
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`infringement. Rather, CSC continued to directly infringe with new installations and continued to
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`induce end-users to infringe the patents-in-suit.
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`23.
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`PayRange brings this case to hold CSC accountable for its willful infringement of
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`PayRange’s patent rights. PayRange has suffered monetary damages and is entitled to a money
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`judgment in an amount adequate to compensate for CSC’s infringement, together with interest
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`and costs as fixed by the Court. PayRange also seeks to enjoin further installations of infringing
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`payment modules and to remove the infringing apps from the Google Play Store and Apple App
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`Store.
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`NATURE OF ACTION
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`24.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, Title 35 of the United States Code.
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`25.
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`As set forth in more detail below, CSC has been infringing and continues to
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`infringe PayRange’s patents, namely, the ’045 Patent and United States Patent Nos. 10,438,208;
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`10,891,608; and 11,481,772 (the “’208 Patent,” “’608 Patent,” and “’772 Patent”) respectively
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`or, collectively the “patents-in-suit”) and continues to do so through the present date.
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`THE PARTIES
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`26.
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`PayRange is a Tennessee corporation with its principal place of business at 9600
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`NE Cascades Pkwy, Suite 280, Portland, OR 97220.
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`27.
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`CSC is a Florida corporation with its principal place of business at 35 Pinelawn
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`Road, Suite 120, Melville, NY 11747. On information and belief, CSC operated as a Delaware
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`corporation for some time prior to March 22, 2019.
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`JURISDICTION AND VENUE
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`28.
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`This is a civil action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1 et seq.
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`29.
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`This Court has subject matter jurisdiction over this patent infringement action
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`pursuant to 28 U.S.C. §§ 1331 and 1338(a).
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`30.
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`Also, upon information and belief, CSC has infringed PayRange’s patents-in-suit
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`in this District by, among other things, engaging in infringing conduct within and directed at, or
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`from, this District. For example, upon information and belief CSC engaged in infringing
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`conduct while organized as a Delaware Corporation. CSC has purposefully and voluntarily
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`placed one or more of its infringing products, as described below, into the stream of commerce
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`with the expectation that these infringing products will be used in this District. CSC’s infringing
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`products have been and continue to be used in this District.
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`31.
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`This Court also personal jurisdiction over CSC because CSC has consented to
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`personal jurisdiction for this case.
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`32.
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`This Court also has personal jurisdiction over CSC because, upon information and
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`belief, its corporate parent CSC ServiceWorks Holdings, Inc., is a corporation organized and
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`existing under the laws of the State of Delaware. On information and belief, CSC is a wholly
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`owned subsidiary of Coinmach Laundry, LLC, a Delaware corporation. CSC operates as an
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`agent or alter ego of its Delaware parent, CSC ServiceWorks Holdings, Inc. For example, in the
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`Apple App store, CSC ServiceWorks Holding, Inc. is identified as the publisher of CSC Go but
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`the “developer’s privacy policy” identifies CSC as the publisher. Similarly, CSC ServiceWorks
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`Holding, Inc. is identified as the publisher of CSCPay Mobile, yet the “App Support” link is
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`directed to the website for CSC. Further, CSC is a wholly owned subsidiary of CSC
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`ServiceWorks Holding, Inc.
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`33.
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`Venue is proper in this District pursuant to 28 U.S.C § 1391(b) and 28 U.S.C.
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`§ 1400(b). CSC has consented to venue for purposes of this case. Additionally, CSC has
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`consented to venue in this District through its appointment of a registered agent for service of
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`process in Delaware: The Corporation Trust Company, Corporation Trust Center, 1209 Orange
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`St., Wilmington, DE, 19801.
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`PAYRANGE’S PATENTS-IN-SUIT
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`34.
`
`To protect its unique and innovative technologies, PayRange filed a provisional
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`patent application (No. 61/917,936) on December 18, 2013.
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`35.
`
`On October 7, 2014, the USPTO issued the ’045 Patent, titled “MOBILE-
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`DEVICE-TO-MACHINE PAYMENT SYSTEMS.” A true and correct copy of the ’045 Patent
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`is attached hereto as Exhibit 1.
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`36.
`
`On October 8, 2019, the USPTO issued the ’208 Patent, titled “SYSTEMS AND
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`METHODS FOR INTERACTING WITH UNATTENDED MACHINES USING
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`DETECTABLE TRIGGER CONDITIONS AND LIMITED-SCOPE AUTHORIZATION
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`GRANTS.” A true and correct copy of the ’208 Patent is attached hereto as Exhibit 2.
`
`37.
`
`On January 12, 2021, the USPTO issued the ’608 Patent, titled “METHOD AND
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`SYSTEM FOR AN OFFLINE-PAYMENT OPERATED MACHINE TO ACCEPT
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`ELECTRONIC PAYMENTS.” A true and correct copy of the ’608 Patent is attached hereto as
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`Exhibit 3.
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`38.
`
`On October 25, 2022, the USPTO issued the ’772 Patent, titled “METHOD AND
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`SYSTEM FOR PRESENTING REPRESENTATIONS OF PAYMENT ACCEPTING UNIT
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`EVENTS.” A true and correct copy of the ’772 Patent is attached hereto as Exhibit 4.
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`COUNT I
`INFRINGEMENT OF THE ’045 PATENT
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`39.
`
`PayRange realleges and incorporates the allegations of the preceding paragraphs
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`of this complaint as if fully set forth herein.
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`40.
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`PayRange is the assignee and owner of all right, title, and interest in and to the
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`’045 Patent. PayRange has the exclusive right to make, use, sell, and offer to sell any product
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`embodying the ’045 Patent throughout the United States, and to import any product embodying
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`the ’045 Patent into the United States.
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`41.
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`The ’045 Patent is an invention of systems and methods for facilitating a cashless
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`transaction for purchase of at least one product or service by a user from a payment accepting
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`unit, e.g., a laundry machine or vending machine.
`
`42.
`
`One aspect of the ’045 Patent that was counterintuitive was using the mobile
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`device as an intermediary between the mobile device and the server. In conventional systems,
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`payment accepting machines were designed to include a long-range communication interface,
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`such as a telephone based modem or cellular modem. This approach allowed for the payment
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`accepting unit to request and/or receive authorizations from a trusted server. A typical
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`transaction would involve the customer initiating a purchase with his or her phone. That request
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`would be conveyed to a remote server which, in turn, would determine whether to authorize the
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`purchase. The server would then communicate with the payment accepting unit. In other words,
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`the payment accepting unit would communicate only with a server and the mobile device would
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`likewise only communicate with a server. One disadvantage with this conventional approach is
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`that retrofitting payment accepting machines with a modem (e.g., a long-range communication
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`interface) to communicate with a server is expensive and complicated for a technician. Further,
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`cellular communication typically requires a subscription which could become prohibitively
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`expensive, especially for infrequently used machines. As a result, many operators elected to
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`retain a coin-based operations or to utilize a card-based solution instead.
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`43.
`
`Because the ’045 Patent used the customer’s phone as the mechanism for
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`communicating with a server, substantial cost savings were achieved for the owner of the
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`payment accepting units. The ’045 Patent therefore used an unconventional approach whereby
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`the mobile phone was used by the payment accepting unit as a mechanism for achieving long-
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`range communication. To that end, the payment accepting unit may include an adapter module
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`which encrypts the authorization request such that only the server can decrypt the request.
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`According to the claims of the ’045 Patent, the mobile device plays a discrete role in the payment
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`process, namely that of an intermediary requiring little, or no, trust. That was an unconventional
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`use of a mobile device, which was far from routine.
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`44.
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`A further unconventional advantage of the mobile device’s discrete role is funds
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`being stored on the server as a prepaid balance. Prepayment allows transactions to process as if
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`cash was inserted into the machine, minimizing transaction costs. Further it allows for an up-to-
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`date balance to be displayed on the mobile device or even for the balance to be forwarded to the
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`payment accepting unit to be displayed to the user without ever looking at the mobile device.
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`Additionally, separating the steps of payment with purchase was an unconventional way to
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`substantially reduce the hardware costs as it eliminated the need for a credit card reader installed
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`in each machine
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`45.
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`Another unconventional aspect of the ’045 Patent was concept of surrounding the
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`adapter module (within the payment accepting unit) with both a payment zone and an
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`authorization zone. The conventional approach was to treat payment and authorization as part of
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`the same process. For example, in a vending machine with a credit card reader, the process of
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`paying would result in authorization to disperse the goods or services. The use of multiple zones
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`provided numerous advantages, including pre-payment of digital currency to minimize credit
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`card transaction fees and mitigate the impact of areas with poor cellular coverage.
`
`46.
`
`A key challenge that existed prior to the ’045 Patent’s invention is that the mobile
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`phone is entrusted to send an authorization code to the payment accepting unit. The ’045 Patent
`
`describes and claims adding security mechanisms to prevent the mobile phone from being able to
`
`generate its own authorization codes. Alternative techniques, at the time of the invention,
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`involve downloading software to the mobile phone that generates authorization codes and
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`processes transactions on the mobile phone. This introduces possible security vulnerabilities.
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`The ’045 Patent remedied this by adding an adapter module with its own security technology.
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`When payment is received, the adapter module generates a secured authorization. When the
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`secured authorization is sent to the mobile phone, it is encrypted and undecipherable by anything
`
`but the server. The mobile phone then forwards the encrypted authorization to the server to
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`process the transaction.
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`47.
`
`Upon information and belief, CSC has and is infringing at least claims 1-4 and
`
`10-12 of the ’045 Patent in this District and elsewhere in the United States, by, among other
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`things, directly or through intermediaries, making, using, selling and/or offering for infringing
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`products with mobile payment functionalities, covered by one or more claims of the ’045 Patent.
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`CSC is directly infringing, literally infringing, and/or infringing the ’045 Patent under the
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`doctrine of equivalents. CSC is thus liable for infringement of the ’045 Patent pursuant to 35
`
`U.S.C. § 271(a).
`
`48.
`
`CSC infringes at least the above-identified claims of the ’045 Patent by including
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`a mobile-device-to-machine payment system for facilitating a cashless transaction for purchase
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`of at least one product or service by a user from a payment accepting unit having input
`
`mechanisms, the user having a mobile device having both short-range communication
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`technology and long-range communication technology, the payment accepting unit capable of
`
`dispensing at least one product or service, said system comprising: (a) an adapter module
`
`associated with the payment accepting unit, said adapter having short-range communication
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`technology for communicating with the short-range communication technology (e.g., Bluetooth)
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`of the mobile device; (b) a server having long-range communication technology for
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`communicating with the long-range communication technology of the mobile device; (c) said
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`adapter module for sending an authorization request for funds to the mobile device using short-
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`range communication technology, the mobile device forwarding said authorization request for
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`funds to said server using long-range communication technology; and (d) said server for sending
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`an authorization grant for funds to the mobile device using long-range communication
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`technology, the mobile device forwarding said authorization grant for funds to said adapter
`
`module using short-range communication technology; (e) wherein the payment accepting unit
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`dispenses the at least one product or service in response to receiving user input to the payment
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`accepting unit input mechanism if said adapter module has received said authorization grant.
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`49.
`
`Upon information and belief, CSC will continue to directly infringe the ’045
`
`Patent unless enjoined.
`
`50.
`
`To the extent CSCPay Mobile and/or CSC Go as installed on a smartphone, do
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`not directly infringe at least claim 1 of the ’045 Patent, CSC contributes to infringement of the
`
`same under 35 U.S.C. § 271(c) inasmuch as infringing products offered for sale and sold by CSC
`
`are components of a patented machine or an apparatus used in practicing a patented process,
`
`constituting a material part of PayRange’s invention, knowing the same to be especially made or
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`especially adapted for use in infringement of the ’045 Patent.
`
`51.
`
`CSCPay Mobile and/or CSC Go as installed on a smartphone directly infringe the
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`’045 Patent and are being provided by CSC to install in their community laundry rooms, in-home
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`units, or commercial site. Upon information and belief, CSC will continue to contribute to
`
`infringement of the ’045 Patent unless enjoined.
`
`52.
`
`CSC actively encourages their business partners and/or customers to use CSCPay
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`Mobile and/or CSC Go as installed on a smartphone in an infringing manner. Despite knowing
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`of PayRange’s patented technology, CSC actively induced its business partners and/or customers
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`to use CSCPay Mobile and/or CSC Go in an infringing manner. CSC encouraged this
`
`infringement with a specific intent to cause its business partners and customers to infringe.
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`CSC’s acts thus constitute active inducement of patent infringement in violation of 35 U.S.C. §
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`271(b).
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`53.
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`Upon information and belief, CSC will continue to induce infringement of the
`
`’045 Patent unless enjoined.
`
`54.
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`CSC’s direct infringement, contributory infringement, and inducement of
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`infringement have irreparably harmed PayRange. For example, but for CSC’s infringement,
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`Case 1:23-cv-00278-MN Document 12 Filed 05/19/23 Page 18 of 29 PageID #: 370
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`PayRange would have installed its competing solution. PayRange’s business and its valuation is
`
`enhanced with each machine added to its payment network, which in turns adds more users to
`
`the network. The full value of each installation may not be amenable to calculation due in part to
`
`the network effect of devices and users. Additionally, the continued infringement harms
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`PayRange’s reputation in the marketplace by discouraging other potential customers from
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`entering into agreements for PayRange’s solutions. CSC’s infringement also encourages other
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`potential customers to develop their own infringing solutions instead of working with PayRange.
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`These reputational and business harms cannot be adequately remedied by monetary
`
`compensation.
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`55.
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`Pursuant to 35 U.S.C. § 284, PayRange is entitled to damages adequate to
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`compensate for the infringement.
`
`56.
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`CSC’s infringement has been and is willful and, pursuant to 35 U.S.C. § 284,
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`PayRange is entitled to treble damages. CSC’s willful infringement is based at least on CSC’s
`
`knowledge of PayRange, its products, and its patents. For example, prior to filing this lawsuit
`
`PayRange had several communications with CSC regarding PayRange’s patents, including a
`
`presentation on PayRange products and a draft complaint to be filed with this court listing the
`
`’045 Patent. CSC’s conduct is egregious as it continued offering, selling, making, and using
`
`infringing products despite knowledge of the infringement. CSC either willfully and wantonly
`
`infringed the ’045 Patent or have recklessly avoided knowledge of its own infringement, even
`
`when faced with knowledge of PayRange’s own products and patents.
`
`57.
`
`This case is “exceptional” within the meaning of 35 U.S.C. § 285, and PayRange
`
`is entitled to an award of attorneys’ fees.
`
`COUNT II
`INFRINGEMENT OF THE ’208 PATENT
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`Case 1:23-cv-00278-MN Document 12 Filed 05/19/23 Page 19 of 29 PageID #: 371
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`58.
`
`PayRange realleges and incorporates the allegations of the preceding paragraphs
`
`of this complaint as if fully set forth herein.
`
`59.
`
`PayRange is the assignee and owner of all right, title, and interest in and to the
`
`’208 Patent. PayRange has the exclusive right to make, use, sell, and offer to sell any product
`
`embodying the ’208 Patent throughout the United States, and to import any product embodying
`
`the ’208 Patent into the United States.
`
`60.
`
`The ’208 Patent is an invention of systems and methods for interactions with
`
`unattended retail machines using detectable trigger conditions and limited-scope authorization
`
`grants.
`
`61.
`
`A significant advantage of the ’208 Patent is the ability to preemptively authorize
`
`a transaction when a customer approaches an unattended retail machine. This, in addition to the
`
`use of the mobile phone’s long-range communication capabilities (rather than requiring a long-
`
`range communication unit is a significant improvement over the prior art.
`
`62.
`
`Upon information and belief, CSC has and is infringing at least claim 1 of the
`
`’208 Patent in this District and elsewhere in the United States, by, among other things, directly or
`
`through intermediaries, making, using, selling and/or offering for sale products with built-in
`
`mobile payment functionalities, covered by one or more claims of the ’208 Patent to the injury of
`
`PayRange. CSC is directly infringing, literally infringing, and/or infringing the ’208 Patent
`
`under the doctrine of equivalents. CSC is thus liable for infringement of the ’208 Patent
`
`pursuant to 35 U.S.C. § 271(a).
`
`63. When placed into operation by CSC or users of CSC infringe at least claim 1 of
`
`the ’208 Patent. When, for example, CSCPay Mobile and/or CSC Go is installed on a mobile
`
`phone it performs a method of, at a mobile device with one or more processors, memory, and a
`
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`

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`Case 1:23-cv-00278-MN Document 12 Filed 05/19/23 Page 20 of 29 PageID #: 372
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`communications unit, and prior to user selection of any items or services provided by an
`
`automatic retail machine: notifying an electronic payment device coupled with the automatic
`
`retail machine that the mobile device has entered an authorization zone associated with the
`
`automated retail machine: in response to notifying the electronic payment device that the mobile
`
`device has entered the authorization zone, receiving from the electronic payment device, via the
`
`communications unit, a request to preemptively obtain authorization to make funds available for
`
`cashless transactions with the automatic retail machine; sending the request to a server via the
`
`communications unit; in response to sending the request to the server, receiving, from the server,
`
`an authorization grant of an amount of funds corresponding to a maximum amount associated
`
`with an item or service provided by the automatic retail machine, wherein the authorization grant
`
`expires upon satisfaction of one or more predetermined criteria; detecting, by an application
`
`executing on the mobile device, a trigger condition to initiate a cashless transaction with the
`
`automatic retail machine; and in response to detecting the trigger condition and in accordance
`
`with a determination that the one or more predetermined criteria have not been satisfied, sending
`
`to the electronic payment device the authorization grant via the communications unit, enabling a
`
`user to select an item or service provided by the automatic retail machine for less than or equal to
`
`the amount of funds.
`
`64.
`
`To the extent CSCPay Mobile and/or CSC G