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San Antonio’s Frost Coffer faces a apparent contravention accusation over its adaptable cyberbanking app, but the aggregation suing the coffer is a mystery.

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The clothing was brought by Lupercal LLC Friday in Waco federal cloister and marks at atomic the fifth time the aggregation has filed a apparent contravention activity adjoin a coffer there in the aftermost 14 months.

Lupercal says in the complaints its arch abode of business is Dallas, but no commodity by that name is registered with the Texas Secretary of Accompaniment to do business in the state. (A Lupercal LLC is registered in Delaware and gives a business abode there.) A blast cardinal for Lupercal doesn’t arise to exist.

Raymond W. Mort III, an Austin advocate apery Lupercal, didn’t acknowledge to a appeal for animadversion Monday.

On ExpressNews.com: Frost Bank’s 1Q accumulation sinks 59% on coronavirus woes

The Frost complaint, like the others, centers on the bank’s adaptable cyberbanking app that allows barter to drop checks electronically by demography a photo of the advanced and aback of the check.

Or, as the clothing states in wonky language, “the Frost Adaptable App is a computer implemented adjustment performed by an angel acquiescence apparatus on a user device.”

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That accent is at affection of the affirmation in U.S. Apparent 9,386,094 — assigned to Lupercal in 2016 — that the aggregation says it owns and that Frost allegedly infringed. The apparatus enables “a user to submit…one or added pre-processed images,” the clothing says, reciting a affirmation in the patent.

The clothing doesn’t specify how abundant in cyberbanking amercement Lupercal seeks from Frost.

Frost, the better bounded coffer in based in San Antonio, has not filed a acknowledgment to lawsuit. Frost agent Bill Day said it doesn’t animadversion on awaiting litigation.

Lupercal has a awaiting suit, filed in February, adjoin JPMorgan Chase. Lupercal’s lawsuits adjoin Citibank, Comerica Coffer and PlainsCapital Bank, all filed aftermost year, accept been bound and absolved — but not afore the banks counter-sued.

In its response, Dallas-based PlainsCapital said Lupercal “lacks continuing to enforce” the apparent because no affidavit of accumulation for Lupercal was filed with the Texas Secretary of State.

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The coffer additionally said the “purported” appointment of the apparent to Lupercal is “void or ineffective” because it “either does not abide or is not a appropriately formed bound accountability aggregation beneath the laws of the Accompaniment of Texas.”

In its counterclaims, PlainsCapital acclaimed that Lupercal “does not manufacture, advertise, make, advertise or acceptation any aftermath that embodies any claim” of the patent.

PlainsCapital said it didn’t anon borrow on the patent, but added that the patent’s claims are invalid. It said it believed that it’s acceptable there is affirmation to appearance that the technology already existed above-mentioned to the filing of the apparent application.

A PlainsCapital advocate didn’t acknowledge to a appeal for comment.

Michael C. Smith, a Marshall advocate for Comerica, said Lupercal’s case adjoin the coffer was “resolved adequately quickly,” but he couldn’t allotment any details.

Unrelated to Lupercal’s cases, East Texas juries federal juries in November and January awarded a absolute of added than $300 actor to San Antonio’s USAA in apparent contravention cases it brought adjoin Wells Fargo Bank.

On ExpressNews.com: USAA wins addition big adjudication adjoin Wells Fargo

The juries begin Wells Fargo foolishly abandoned on two USAA patents apropos to technology that allows users to drop checks application adaptable devices. USAA has said it created adaptable drop abduction technology. Wells Fargo seeks a new balloon in both cases.

The trials were captivated in the U.S. District Cloister in Marshall, which has a acceptability for its affability to plaintiffs filing apparent lawsuits, according to a 2017 New York Times article.

Waco is arising as a accepted area for apparent litigation. Lawyers with Texas law close Gray Reed, in an commodity aftermost year for the website IPwatchdog.com, attributed Waco’s accretion acceptance to case law and the accession of Adjudicator Alan D. Albright, who took the bank in 2018. He is declared in the commodity as a “patent-saavy” adjudicator who “is accession his burghal to be a new hot atom for apparent litigation.”

Patrick Danner is a San Antonio-based agents biographer accoutrement cyberbanking and civilian courts. To apprehend added from Patrick, become a subscriber. [email protected] | Twitter: @AlamoPD

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