DCT

1:22-cv-00103

Wepay Global Payments LLC v. JPMorgan Chase Bank NA

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Key Events
Complaint

I. Executive Summary and Procedural Information

  • Parties & Counsel:
  • Case Identification: 1:22-cv-00103, N.D. Ill., 01/07/2022
  • Venue Allegations: Plaintiff alleges venue is proper in the Northern District of Illinois because Defendant maintains over 150 regular and established places of business within the district and has committed alleged acts of infringement there.
  • Core Dispute: Plaintiff alleges that Defendant’s Chase Mobile app infringes a design patent directed to an animated graphical user interface for a display screen.
  • Technical Context: The patent-in-suit concerns the ornamental design of a user interface, a key aspect of user experience and brand differentiation in the competitive field of mobile banking and financial transaction applications.
  • Key Procedural History: The complaint was filed on January 7, 2022. Public records from the U.S. Patent and Trademark Office, which are not mentioned in the complaint, indicate that post-grant review proceedings were subsequently initiated against the patent-in-suit. These proceedings resulted in the cancellation of the patent’s single claim on May 1, 2023. Separately, the assignee filed a terminal disclaimer on September 20, 2022, disclaiming the remaining term of the patent.

Case Timeline

Date Event
2020-09-03 ’702 Patent Priority Date
2021-09-14 ’702 Patent Issue Date
2022-01-07 Complaint Filing Date

II. Technology and Patent(s)-in-Suit Analysis

U.S. Design Patent No. D930,702 - "Display screen portion with animated graphical user interface"

The Invention Explained

  • Problem Addressed: As a design patent, the ’702 Patent does not articulate a technical problem and solution in the manner of a utility patent. Instead, its purpose is to protect a new, original, and ornamental design for an article of manufacture, which in this case is an animated graphical user interface (GUI) on a display screen portion (’702 Patent, Title).
  • The Patented Solution: The patent claims the ornamental design of an animated GUI, presented in two embodiments. The complaint asserts the second embodiment, which consists of a three-stage visual sequence (’702 Patent, DESCRIPTION). The animation begins with an initial screen state (FIG. 3), transitions through an intermediate state (FIG. 4), and ends in a final state (FIG. 5). The claimed design elements, shown in solid lines, are limited to specific graphical features within the interface, while the surrounding display screen and all text are disclaimed as environmental context (’702 Patent, DESCRIPTION).
  • Technical Importance: The design relates to the user experience for initiating mobile financial transactions, an area where distinctive and intuitive interfaces can be a significant factor for user engagement and adoption (Compl. p. 2).

Key Claims at a Glance

  • The patent contains a single claim for "The ornamental design for a display screen portion with animated graphical user interface, as shown and described" (’702 Patent, Claim).
  • The essential elements of the asserted second embodiment are the visual characteristics of the three-stage animated sequence as depicted in the solid-line portions of Figures 3, 4, and 5:
    • An initial screen showing a square outline containing three smaller, solid squares at its corners.
    • A transition to an intermediate screen displaying a grid of circles resembling a keypad.
    • A final screen showing the square outline without the corner elements.

III. The Accused Instrumentality

Product Identification

The Chase Mobile app for iOS and Android mobile devices (Compl. ¶9).

Functionality and Market Context

The complaint identifies the accused product and provides a URL for marketing materials but does not contain any description of the specific features or operational functionality of the app's user interface (Compl. ¶9). The complaint alleges these are "known products infringing the patented design" but offers no further technical or market context.

IV. Analysis of Infringement Allegations

No probative visual evidence provided in complaint.

The complaint alleges that the Chase Mobile app infringes the second embodiment of the ’702 patent (Compl. ¶11). It states that a "side-by-side claim chart setting forth an ornamental design element comparison" is attached as "Exhibit B" (Compl. ¶9). However, this exhibit is not included with the filed complaint. As a result, the complaint's public filing provides no specific factual allegations mapping any visual element of the accused Chase Mobile app to the ornamental design claimed in the ’702 patent.

  • Identified Points of Contention:
    • Factual Question: The central factual dispute would be whether the accused Chase Mobile app incorporates a GUI that, in the eye of an ordinary observer, is substantially the same as the overall ornamental design claimed in the second embodiment of the ’702 patent. The complaint does not provide the visual or descriptive evidence needed for this analysis.

V. Key Claim Terms for Construction

In design patent litigation, the claim is defined by the drawings, and the construction of written terms is uncommon. The analysis focuses on the scope of the claimed design as a whole.

  • The Term: The scope of "the ornamental design...as shown and described."
  • Context and Importance: The determination of infringement hinges entirely on comparing the overall visual appearance of the accused product to the claimed design. The scope of that design is defined by what is shown in solid versus broken lines in the patent's figures.
  • Intrinsic Evidence for Interpretation:
    • Evidence for a Broader Interpretation: A party seeking a broader scope might argue that the design covers the general concept of the three-stage animation, focusing on the overall impression rather than minute details.
    • Evidence for a Narrower Interpretation: The patent’s explicit use of broken lines to disclaim the device frame, all text ("$0.00," "Send," "Request," "Split," "CANCEL"), and the overall rectangular shape of interface elements narrows the design's scope significantly (’702 Patent, DESCRIPTION). The claim is limited to the specific visual appearance of the elements shown in solid lines—most notably, the three corner squares in FIG. 3—and their specific animated sequence through FIGS. 4 and 5.

VI. Other Allegations

  • Indirect Infringement: The prayer for relief includes a request for judgment of indirect infringement (Compl. ¶(a), p. 4). However, the body of the complaint does not allege any specific facts that would support a claim for either induced or contributory infringement, such as knowledge of the patent combined with acts encouraging infringement.
  • Willful Infringement: The complaint does not use the term "willful" or allege that Defendant had any knowledge of the ’702 patent prior to the lawsuit. The prayer for relief seeks enhanced damages available under 35 U.S.C. § 284 or § 289 but provides no factual predicate to support such an award (Compl. ¶(b), p. 4).

VII. Analyst’s Conclusion: Key Questions for the Case

The dispute as framed by the complaint raises a fundamental infringement question, but the case's trajectory is likely defined by post-filing events that affect the patent's enforceability.

  • A core issue on the merits would be one of visual identity: From the perspective of an ordinary observer, is the overall ornamental appearance of the accused Chase Mobile app's interface substantially the same as the specific, multi-stage animated design shown in Figures 3-5 of the ’702 patent?
  • The dispositive question for the case, however, will be the legal effect of invalidity: Given that the patent’s sole claim was cancelled in a post-grant review proceeding after the complaint was filed, a threshold issue is whether Plaintiff can maintain an action for damages for any alleged infringement that may have occurred during the brief period between the patent’s issuance and its cancellation.