In our August 4 Bottom Line eNewsletter, we included a request regarding any recent litigation filed against your bank or communications sent to your bank by patent trolls. In response to that request, we received copies of several letters recently sent by patent trolls to our member banks - most of them from Plano Encryption Technology. However, we suspect that many more Texas banks have received letters or been sued, but simply didn't see our request. For that reason, the request, in its entirety, is republished in this email, and we ask that you send us copies of any recent letters or litigation.
We are working collaboratively to develop a joint strategy on this new round of claims so that no one bank or entity needs to stand alone. The Dykema Cox Smith team of IP counsel has begun researching the validity of these patents and is working toward a proactive approach through IBAT.
Notwithstanding the victory in the DataTreasury case, three new Patent Trolls - Finnavations, LLC, Plano Encryption Technology and Turn IP - have filed suits in the Eastern District of Texas. They are alleging infringement of various patents that generally relate to the secure transmission and storage of data from customers, claiming that the banks' Mobile Banking Platform infringe these patents.
If you have received one of these letters or been served, below are steps to take immediately:
1. Check your appropriate vendor contract for an indemnity and duty to defend. In any event, promptly notify the vendor(s) in writing about these claims and ask them to provide a defense to the bank.
2. Implement a “litigation hold” to make sure that you don’t inadvertently destroy records that might relate to the threatened litigation. Don’t overlook emails that might relate to the programs that are under attack.
3. Send a copy of the letter or pleadings to firstname.lastname@example.org.