Removing Barriers Blog

ICYMI: USAA RDC Patent Verdict Webinar
Posted November 22, 2019 by CUNA Advocacy

In case you missed this week’s CUNA’s webinar on USAA remote deposit capture lawsuits you can now access the recording via this registration link.

Background
USAA was awarded $200 million from Wells Fargo earlier this month, as a U.S. District Court jury found that Wells Fargo infringed on certain USAA RDC patents related to mobile check capture.

Prior to the verdict, USAA has sent letters to many credit unions around the country requesting to negotiate licensing deals for using the RDC technology USAA claims to have developed. More letters will likely be forthcoming.

Webinar Highlights
During the webinar, CUNA Senior Director for Advocacy for Payments and Cybersecurity Lance Noggle and CUNA’s patent litigation attorneys Mike Rounds and Adam Yowell, of Brownstein Hyatt Farber Schreck detailed the Wells Fargo lawsuit result, what could happen going forward and noted that USAA has filed another lawsuit on five additional patents that is set to begin in January 2020.

The attorneys recommended credit unions:

  • Review contracts with software vendors for indemnity clauses;
  • If appropriate, advise vendors they need to respond to the infringement/licensing demand;
  • Check state licensing codes for information on indemnification;
  • Check the state commercial code; and
  • Check business insurance policies to see if patent infringement is covered.

Please reach out to Lance Noggle if you have any questions – Lnoggle@cuna.coop