The Texas jury in a second lawsuit brought by USAA against Wells Fargo also determined that Wells Fargo had willfully infringed on USAA’s remote deposit capture (RDC) technology patents. The first lawsuit – with a different jury – resulted in $200 million in damages; this most recent decision orders Wells Fargo to pay an additional $103 million in damages.
The first lawsuit dealt with autocapture technology, while this one dealt with broader patents, including the technology that reads the check to verify the routing/account numbers and the information submitted by the consumer.
While Wells Fargo has not formally requested an appeal in either lawsuit, the bank in December filed a motion with the U.S. District Court for the Eastern District of Texas asking the court to stay the judgement in the first case pending any post-judgment motions. While the bank still has not indicated whether it will appeal that decision, in another sealed motion, Wells Fargo has asked for a new trial in the first case. No motions have been made in the second case.
NAFCU is also monitoring a request from the vendor that provides Wells Fargo, and thousands of other financial institutions, with RDC technology for a federal judge in California to issue judgment that its technology does not infringe on USAA’s patents.
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