Case: 1:22-cv-00105 Document #: 1 Filed: 01/07/22 Page 1 of 5 PageID #:1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`
`
`
`WEPAY GLOBAL PAYMENTS LLC.,
`
`
` Plaintiff,
`
`
`v.
`
`
`BANK OF AMERICA, N.A.,
`
`
` Defendant.
`
`
`
`
`Case No.
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-
`
`infringement action against Bank of America, National Association (“BofA” or
`
`“Defendant”).
`
`Nature of the Action
`
`An individual named William Grecia patented an access rights management
`
`system. These utility patents, which began to issue in 2013, cover a front-end gatekeeper
`
`that monitors a user’s access to his or her digital content stored in the cloud. Mr. Grecia
`
`has licensed these patents to technology companies, a bank, and all the major U.S. credit
`
`card companies.
`
`Mr. Grecia also practices his invention. He founded a company called Digital
`
`Debit®. This company specializes in offering users mobile, contactless payments. As part
`
`of Mr. Grecia’s work for Digital Debit®, he patented the ornamental design of the gateway
`
`Samsung, Exh. 1054, p. 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`
`
`
`
`WEPAY GLOBAL PAYMENTS LLC.,
`
`
` Plaintiff,
`
`
`v.
`
`
`BANK OF AMERICA, N.A.,
`
`
` Defendant.
`
`
`
`
`Case No.
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`
`
`
`
`
`
`
`
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-
`
`infringement action against Bank of America, National Association (“BofA” or
`
`“Defendant”).
`
`Nature of the Action
`
`An individual named William Grecia patented an access rights management
`
`system. These utility patents, which began to issue in 2013, cover a front-end gatekeeper
`
`that monitors a user’s access to his or her digital content stored in the cloud. Mr. Grecia
`
`has licensed these patents to technology companies, a bank, and all the major U.S. credit
`
`card companies.
`
`Mr. Grecia also practices his invention. He founded a company called Digital
`
`Debit®. This company specializes in offering users mobile, contactless payments. As part
`
`of Mr. Grecia’s work for Digital Debit®, he patented the ornamental design of the gateway
`
`Samsung, Exh. 1054, p. 1
`
`
`
`Case: 1:22-cv-00105 Document #: 1 Filed: 01/07/22 Page 2 of 5 PageID #:2
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`to the access rights management system on which Grecia obtained utility patents. In other
`
`words, Mr. Grecia has obtained design patents that cover a particular look and feel a user
`
`experiences before he or she performs a mobile and contactless transaction.
`
`Wepay owns one of these design patents and Bank of America is infringing it.
`
`Parties
`
`1.
`
`Plaintiff Wepay is a Delaware limited liability company with its principal
`
`business address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
`
`2.
`
` Upon information and belief, Defendant BofA is a national banking
`
`institution incorporated in the State of Delaware with its principal office located in the State
`
`of North Carolina. BofA own and operate more than 45 established offices in the Northern
`
`District of Illinois.
`
`Jurisdiction and Venue
`
`3.
`
`This lawsuit is a civil action for patent infringement arising under the patent
`
`laws of the United States, 35 U.S.C. § 271, et seq. The Court has subject-matter jurisdiction
`
`pursuant to 28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
`
`4.
`
`This Court has personal jurisdiction over BofA because BofA has
`
`committed acts giving rise to this action within Illinois and within this judicial district.
`
`Defendants regularly do business or solicit business in this District and in Illinois, engage
`
`in other persistent courses of conduct and derive substantial revenue from products and
`
`services provided in this District and in Illinois, and have purposefully established
`
`substantial, systematic, and continuous contacts within this District and should reasonably
`
`expect to be sued in a court in this District. For example, BofA has offices within this
`
`district. The website bankofamerica.com solicits sales of infringing products to consumers
`
`
`
`
`
`2
`
`Samsung, Exh. 1054, p. 2
`
`
`
`Case: 1:22-cv-00105 Document #: 1 Filed: 01/07/22 Page 3 of 5 PageID #:3
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`in this District and in Illinois. Given these contacts, the Court's exercise of jurisdiction over
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`BofA will not offend traditional notions of fair play and substantial justice.
`
`5.
`
`Venue in the Northern District of Illinois is proper pursuant to 28 U.S.C. §§
`
`1391(b), (c) and l400(b) because BofA has regular and established places of business in
`
`this District, with over 45 office locations (for example: at 201 S State St, Chicago, IL
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`60604, and 430 W Roosevelt Rd, Chicago, IL 60607), has committed acts within this
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`judicial district giving rise to this action, and continues to conduct business in this judicial
`
`district, including multiple acts of making, selling, using, and offering for sale infringing
`
`products in this District.
`
`The Patent-In-Suit
`
`6.
`
`Wepay is the exclusive owner of United States Patent No. D930,702 (the
`
`“702 patent”) entitled, “Display screen portion with animated graphical user interface” and
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`was duly and legally issued in accordance with 35 U.S. Code § 171 by the U.S. Patent and
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`Trademark Office on September 14, 2021, attached hereto as “Exhibit A”.
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`7.
`
`The ‘702 patent claim is valid and enforceable and directed to a unique
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`ornamental design for a display screen portion with animated graphic user interface as
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`shown and described.
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`8.
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`BofA has not obtained permission from Wepay to use the ornamental design
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`of the ‘702 patent.
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`9.
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`Attached hereto as “Exhibit B” and incorporated into this complaint as
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`alleged herein a side-by-side claim chart setting forth an ornamental design element
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`comparison of the second embodiment of the ‘702 patented design and the accused display
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`screen portion articles made by BofA. The known products infringing the patented design
`
`
`
`
`
`3
`
`Samsung, Exh. 1054, p. 3
`
`
`
`Case: 1:22-cv-00105 Document #: 1 Filed: 01/07/22 Page 4 of 5 PageID #:4
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`are
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`the
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`BofA
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`app
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`for
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`https://promotions.bankofamerica.com/digitalbanking/mobilebanking/zelle.
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`iOS
`
`and
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`Android
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`mobile
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`devices:
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`Count I - Infringement of U.S. Patent No. D857,702 Second Embodiment Claim
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`10. Wepay reasserts and incorporates by reference the preceding paragraphs of
`
`this Complaint as fully set forth herein.
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`11.
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`BofA has infringed and continues to infringe the second embodiment of the
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`‘702 patent by making, using, distributing, offering to sell and/or selling in the United
`
`States the BofA mobile products, which embodies the design covered by the ‘702 patent.
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`BofA infringing activities violate 35 U.S.C. § 271.
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`Damages
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`12. Wepay sustains damages as a direct result of BofA’s infringement of the ‘702
`
`patent.
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`13. As a consequence of BofA’s present, continued, and future infringement of
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`the ‘702 patent, Wepay is entitled to royalties for its infringement of the ‘702 patent on a
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`forward-going basis.
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`Prayer for Relief
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`WHEREFORE, WEPAY GLOBAL PAYMENTS LLC prays for the following
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`relief against Bank of America, N.A.:
`
`(a)
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`judgment that Bank of America, N.A. has infringed the second embodiment
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`claim of the Asserted Patent, directly and/or indirectly, literally and/or
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`under the standards of substantial similarity;
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`(b)
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`awarding damages sufficient to compensate Plaintiff for Defendant’s
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`infringement under 35 U.S.C. § 284 or § 289 whichever is deemed greater;
`
`
`
`4
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`
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`Samsung, Exh. 1054, p. 4
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`Case: 1:22-cv-00105 Document #: 1 Filed: 01/07/22 Page 5 of 5 PageID #:5
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`(c)
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`(d)
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`(e)
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`awarding Plaintiff his costs and expenses incurred in this action;
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`awarding Plaintiff prejudgment and post-judgment interest; and
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`granting Plaintiff such further relief as the Court deems just and appropriate.
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`Demand for Jury Trial
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`
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`WEPAY GLOBAL PAYMENTS LLC demands a trial by jury on all matters and
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`issues triable by jury.
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`
`
`Date: January 7, 2021
`
`
`/s/Matthew Wawrzyn_______
`
`Matthew M. Wawrzyn
`(ARDC#6276135)
`matt@wawrzynlaw.com
`
`WAWRZYN LLC
`
`200 East Randolph Street, Suite 5100
`
`Chicago, IL 60601
`
`(312) 235-3120 (telephone)
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`(312) 233-0063 (facsimile)
`
`
`
` Counsel for WEPAY GLOBAL PAYMENTS LLC
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`
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`
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`5
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`Samsung, Exh. 1054, p. 5
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`
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