Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 1 of 6
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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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`WELLS FARGO BANK, N.A.,
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` Defendant.
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`Case No.: 6:22-cv-00363
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`JURY TRIAL DEMANDED
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`COMPLAINT FOR PATENT INFRINGEMENT
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`Wepay Global Payments LLC (“Wepay” or “Plaintiff”) brings this patent-infringement
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`action against Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”).
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`Parties
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`1.
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`Plaintiff Wepay is a Delaware limited liability company with its principle business
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`address at 221 N. Broad Street, Suite 3A, Middletown DE, 19709.
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`2.
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`Upon information and belief, Defendant Wells Fargo is a national bank with its
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`principal place of business at 420 Montgomery Street, San Francisco, California 94104. On
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`information and belief, in its extensive role as a consumer and business financial institution
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`(whether Commercial Bank, Thrift, or Credit Union), Wells Fargo makes, uses, sells, offers to sell,
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`and otherwise provides its mobile application to consumers throughout the State of Texas,
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`including in this judicial District, and introduces such services into the stream of commerce
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`knowing and intending that they would be extensively used in the State of Texas and in this judicial
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`District. On information and belief, WFB specifically targets customers in the State of Texas and
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`in this judicial District.
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`Samsung, Exh. 1077, p. 1
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`Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 2 of 6
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`3.
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`Defendant may be served through its registered agent in the State of Texas at
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`Corporation Service Company d/b/a CSC – Lawyers Incorporating Service Company, 211 East
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`7th Street, Suite 620, Austin, Texas 78701.
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`Jurisdiction and Venue
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`4.
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`This lawsuit is a civil action for patent infringement arising under the patent laws
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`of 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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`5.
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`This Court has personal jurisdiction over the defendant because Wells Fargo has
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`committed acts giving rise to this action within Texas and within this judicial district. Defendants
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`regularly do business or solicit business in this District and in Texas, engage in other persistent
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`courses of conduct and derive substantial revenue from products and services provided in this
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`District and in Texas, and have purposefully established substantial, systematic, and continuous
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`contacts within this District and should reasonably expect to be sued in a court in this District. For
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`example, Wells Fargo has offices within this district. The website https://www.wellsfargo.com
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`solicits sales of infringing products to consumers in this District and in Texas. Given these
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`contacts, the Court's exercise of jurisdiction over Wells Fargo will not offend traditional notions
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`of fair play and substantial justice.
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`6.
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`Venue in the Western District of Texas is proper pursuant to 28 U.S.C. §§ 1391(b),
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`(c) and l400(b) because Wells Fargo has regular and established places of business in this District,
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`for examples: 111 CONGRESS AVE FL 1 STE 150 AUSTIN, TX, 78701, 501 S CONGRESS
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`AVE AUSTIN, TX, 78704, and 605 W 15TH ST AUSTIN, TX, 78701. Wells Fargo has
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`committed acts within this judicial district giving rise to this action, and continues to represent and
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`conduct its mobile app business sales and support in this judicial district, including multiple counts
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`2
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`Samsung, Exh. 1077, p. 2
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`Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 3 of 6
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`of making, selling, using, importing and/or offering for sale infringing products in this District.
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`See “https://www.wellsfargo.com/locator” search “Austin, Travis County, TX” for the full list.
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`The Patent-In-Suit
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`7.
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`Wepay 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
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`and legally issued in accordance with 35 U.S. Code § 171 by the U.S. Patent and Trademark Office
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`on 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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`Wells Fargo has not obtained permission from Wepay to use the ornamental design
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`of the ’702 patent in its mobile application product.
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`3
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`Samsung, Exh. 1077, p. 3
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`Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 4 of 6
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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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`made by Wells Fargo. The known accused product is made, used, sold, and offered for sale by
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`Wells Fargo is the Wells Fargo mobile app which comprises a design of a display screen portion
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`with an animated graphical user interface. The side-by-side claim chart and evidentiary facts shall
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`support this claim of infringement.
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`Count I - Infringement of U.S. Patent No. D857,702 Second Embodiment Claim
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`11. Wepay reasserts and incorporates by reference the preceding paragraphs of this
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`Complaint as fully set forth herein in attached Exhibit B.1 within this Count I.
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`12. Wells Fargo has infringed and continues to infringe the second embodiment of the
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`’702 patent by manufacturing, importing, using, distributing, offering to sell and/or selling in the
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`United States the Wells Fargo mobile app, which embodies the design covered by the ’702 patent.
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`Wells Fargo infringing activities violate 35 U.S.C. § 271.
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`Count II - Infringement of U.S. Patent No. D857,702 Second Embodiment Claim
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`11. Wepay reasserts and incorporates by reference the preceding paragraphs of this
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`Complaint as fully set forth herein in attached Exhibit B.2 within this Count II.
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`12. Wells Fargo has infringed and continues to infringe the second embodiment of the
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`’702 patent by manufacturing, importing, using, distributing, offering to sell and/or selling in the
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`United States the Wells Fargo mobile app, which embodies the design covered by the ’702 patent.
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`Wells Fargo infringing activities violate 35 U.S.C. § 271.
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`4
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`Samsung, Exh. 1077, p. 4
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`Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 5 of 6
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`Count III - Infringement of U.S. Patent No. D857,702 Second Embodiment Claim
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`11. Wepay reasserts and incorporates by reference the preceding paragraphs of this
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`Complaint as fully set forth herein in attached Exhibit B.3 within this Count III.
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`12. Wells Fargo has infringed and continues to infringe the second embodiment of the
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`’702 patent by manufacturing, importing, using, distributing, offering to sell and/or selling in the
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`United States the Wells Fargo mobile app, which embodies the design covered by the ’702 patent.
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`Wells Fargo infringing activities violate 35 U.S.C. § 271.
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`Damages
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`13. Wepay sustains damages as a direct result of Wells Fargo’s infringement of the
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`’702 patent.
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`14.
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`As a consequence of Wells Fargo’s present, continued, and future infringement of
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`the ’702 patent, Wepay is entitled to the greater of Section 284 or 289 damages for its infringement
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`of the ’702 patent on a forward-going basis.
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`Prayer for Relief
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`WHEREFORE, WEPAY GLOBAL PAYMENTS LLC prays for the following relief
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`against WELLS FARGO N.A.:
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`(a)
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`judgment that Wells Fargo has infringed three (3) counts of the second embodiment
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`claim of the Asserted Patent, directly and/or indirectly, literally and/or under the
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`standards of substantial similarity;
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`(b)
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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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`(c)
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`awarding Plaintiff his costs and expenses incurred in this action;
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`5
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`Samsung, Exh. 1077, p. 5
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`Case 6:22-cv-00363-ADA-DTG Document 1 Filed 04/11/22 Page 6 of 6
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`(d)
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`granting Plaintiff an injunction to cease and prevent further infringement of the
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`Wells Fargo mobile app;
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`(e)
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`(f)
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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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`WEPAY GLOBAL PAYMENTS LLC demands a trial by jury on all matters and issues
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`triable by jury.
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`Date: April 11, 2022
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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
`WAWRZYN LLC
`200 East Randolph Street, Suite 5100
`Chicago, IL 60601
`(312) 235-3120 (telephone)
`(312) 233-0063 (facsimile)
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`Counsel for
`WEPAY GLOBAL PAYMENTS LLC
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`6
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`Samsung, Exh. 1077, p. 6
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