Case 6:21-cv-01094-ADA Document 1 Filed 10/20/21 Page 1 of 4
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`WEPAY GLOBAL PAYMENTS LLC,
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`Plaintiff,
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`v.
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`PAYPAL, INC.,
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`Defendant.
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`
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`Case No.: 6:21-cv-01094
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`
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Wepay Global Payments LLC (“WGPLLC” or “Plaintiff”) brings this patent-infringement
`
`action against PayPal, Inc. (“PayPal” or “Defendant”).
`
`
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`Parties
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`1.
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`Plaintiff WGPLLC is a Delaware limited liability company with its principal
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`business address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
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`2.
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` Upon information and belief, PayPal is a Delaware corporation, having its principal
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`place of business in San Jose, California.
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`Jurisdiction and Venue
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`3.
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`This lawsuit is a civil action for patent infringement arising under the patent laws of
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`the United States, 35 U.S.C. § 271, et seq. The Court has subject-matter jurisdiction pursuant to
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`28 U.S.C. §§ 1331, 1332, 1338(a), and 1367.
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`4.
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`The Court has personal jurisdiction over Defendant for the following reasons: (1)
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`Defendant is present within or has minimum contacts within the State of Texas and Western District
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`Samsung, Exh. 1060, p. 1
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`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`
`
`WEPAY GLOBAL PAYMENTS LLC,
`
`
`Plaintiff,
`
`
`v.
`
`
`PAYPAL, INC.,
`
`
`Defendant.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Case No.: 6:21-cv-01094
`
`
`
`
`
`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
`
`Wepay Global Payments LLC (“WGPLLC” or “Plaintiff”) brings this patent-infringement
`
`action against PayPal, Inc. (“PayPal” or “Defendant”).
`
`
`
`Parties
`
`1.
`
`Plaintiff WGPLLC 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, PayPal is a Delaware corporation, having its principal
`
`place of business in San Jose, California.
`
`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.
`
`The Court has personal jurisdiction over Defendant for the following reasons: (1)
`
`Defendant is present within or has minimum contacts within the State of Texas and Western District
`
`Samsung, Exh. 1060, p. 1
`
`
`
`Case 6:21-cv-01094-ADA Document 1 Filed 10/20/21 Page 2 of 4
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`of Texas; (2) Defendant has purposefully availed itself of the privileges of conducting business in
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`the State of Texas and in this district; (3) Defendant has sought protection and benefit from the laws
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`of the State of Texas; (4) Defendant regularly conducts business within the State of Texas and
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`within this district, and Plaintiff’s cause of action arises directly from Defendant’s business contacts
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`and other activities in the State of Texas and in this district; and (5) Defendant has a regular and
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`established place of business in the State of Texas and in this district (Building D, 7700 W Parmer
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`Ln, Austin, TX 78729).
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`5.
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`Venue is proper in the Western District of Texas pursuant to 28 U.S.C. §§ 1400(b).
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`Defendant has a regular and established place of business in this district, Defendant has transacted
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`business in this district, and Defendant has directly and/or indirectly committed acts of patent
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`infringement in this district.
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`The Patent-In-Suit
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`7.
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`WGPLLC is the exclusive owner of United States Patent No. D930,702 (the “’702
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`patent”) entitled, “Display screen portion with animated graphical user interface” and was duly and
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`legally issued in accordance with 35 U.S. Code § 171 by the U.S. Patent and Trademark Office on
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`September 14, 2021, attached hereto as “Exhibit A”.
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`8.
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`The ’702 patent claim is valid and enforceable and directed to a unique ornamental
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`design for a display screen portion with animated graphic user interface as shown and described.
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`9.
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`PayPal has not obtained permission from WGPLLC to use the ornamental design of
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`the ’702 patent.
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`10.
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`Attached hereto as “Exhibit B” and incorporated into this complaint as alleged
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`herein a side-by-side claim chart setting forth an ornamental design element comparison of the
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`second embodiment of the ’702 patented design and the accused display screen portion articles
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`2
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`Samsung, Exh. 1060, p. 2
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`Case 6:21-cv-01094-ADA Document 1 Filed 10/20/21 Page 3 of 4
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`made by PayPal. The known accused products used within, and exported from the United States as
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`made, used, sold, and offered for sale by PayPal is the PayPal “Super App” product for iOS1 and
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`Android 2 . The side-by-side claim chart and evidentiary facts shall support this claim of
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`infringement.
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`Count I - Infringement of U.S. Patent No. D857,702 Second Embodiment Claim
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`11. WGPLLC reasserts and incorporates by reference the preceding paragraphs of this
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`Complaint as fully set forth herein.
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`12.
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`PayPal has infringed and continues to infringe the second embodiment of the ’702
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`patent by making, using, distributing, offering to sell and/or selling in the United States and
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`exporting from the United States the PayPal “Super App” animated graphical user interface
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`products, which embodies the design covered by the ’702 patent. PayPal infringing activities violate
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`35 U.S.C. § 271.
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`Damages
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`13.
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` WGPLLC sustains damages as a direct result of PayPal’s infringement of the ’702
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`patent.
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`14.
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` As a consequence of PayPal’s present, continued, and future infringement of the
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`’702 patent, WGPLLC is entitled to royalties for its infringement of the ’702 patent on a forward-
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`going basis.
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`1 See: https://apps.apple.com/us/app/paypal-mobile-cash/id283646709
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`2 See:
`https://play.google.com/store/apps/details?id=com.paypal.android.p2pmobile&hl=en_US&gl=US
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`
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`3
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`Samsung, Exh. 1060, p. 3
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`
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`Case 6:21-cv-01094-ADA Document 1 Filed 10/20/21 Page 4 of 4
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`Prayer for Relief
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`WHEREFORE, WGPLLC LLC prays for the following relief against PayPal:
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`(a)
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`(b)
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`(c)
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`(d)
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`(e)
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`judgment that PayPal has infringed the second embodiment claim of the Asserted
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`Patent, directly and/or indirectly, literally and/or under the standards of substantial
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`similarity;
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`awarding the Plaintiff the greater damages amount for Defendant’s infringement
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`under 35 U.S.C. § 284 or 35 U.S.C. § 289;
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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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`WGPLLC LLC demands a trial by jury on all matters and issues triable by jury.
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`Date: October 20, 2021
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`Respectfully Submitted,
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`/s/Artoush Ohanian_______
`H. Artoush Ohanian
`Texas Bar Number 24013260
`artoush@ohanianip.com
`OHANIANIP
`604 West 13th Street
`Austin, Texas 78701
`(512) 298.2005 (telephone & facsimile)
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`Matthew M. Wawrzyn (application for pro
`hac vice admission forthcoming)
`matt@wawrzynlaw.com
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`WAWRZYN LLC
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`200 East Randolph Street, Suite 5100
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`Chicago, IL 60601
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`(312) 235-3120 (telephone)
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`(312) 233-0063 (facsimile)
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` Counsel for Wepay Global Payments LLC
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`4
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`Samsung, Exh. 1060, p. 4
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