UNITED STATES DISTRICT COURT 

FOR THE WESTERN DISTRICT OF TEXAS 

WACO DIVISION 

LUPERCAL LLC, 

 Plaintiff 

 v. 

JPMORGAN CHASE BANK, N.A., 

 Defendant 

Case No. 6:20-cv-00148 

JURY TRIAL DEMANDED 

COMPLAINT FOR PATENT INFRINGEMENT 

Plaintiff Lupercal LLC (“Lupercal” or “Plaintiff”) files this Complaint for patent 

infringement against Defendant JPMorgan Chase Bank, N.A. (“Chase” or “Defendant”), 

and alleges as follows: 

NATURE OF THE ACTION 

1. This is an action for patent infringement arising under 35 U.S.C. § 1 et seq. 

PARTIES 

2. Lupercal is a limited liability company organized and existing under the 

laws of the State of Texas with its principal place of business in Dallas, Texas. 

3. Upon information and belief, Defendant, JPMorgan Chase Bank, N.A., is a 

Texas company having a principal place of business in this judicial district at 221 W. 

Sixth St., Austin, Texas 78701. 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 2 

JURISDICTION AND VENUE 

4. This Court has original jurisdiction over the subject matter of this action 

pursuant to 28 U.S.C. §§ 1331 and 1338(a). 

5. Upon information and belief, Defendant is subject to personal jurisdiction 

of this Court based upon it having regularly conducted business, including the acts 

complained of herein, within the State of Texas and this judicial district and/or deriving 

substantial revenue from goods and services provided to individuals in Texas and in this 

District. 

6. Venue is proper in this District under 28 U.S.C. §§ 1391 and 1400 because 

Defendants have committed acts of infringement and have regular and established places 

of business in this judicial district. 

COUNT I 

(Infringement of U.S. Patent No. 9,386,094) 

7. Lupercal incorporates paragraphs 1 through 6 as though fully set forth 

herein. 

8. Plaintiff is the owner, by assignment, of U.S. Patent No. 9,386,094 (the 

“’094 Patent”), entitled SYSTEM AND METHOD FOR MEDIA SUBMISSION, which 

issued on July 5, 2016. A copy of the ’094 Patent is attached as Exhibit A. 

9. The ’094 Patent is valid, enforceable, and was duly issued in full compliance 

with Title 35 of the United States Code. 

10. Defendant provides the Chase Mobile Banking App for use with Apple iOS 

devices and Android devices, which is available for download from Apple’s iTunes App 

Store and Google Play Apps: 
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https://apps.apple.com/us/app/chase-mobile/id298867247 
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https://play.google.com/store/apps/details?id=com.chase.sig.android&hl=en_US 

11. The Chase Mobile App enables account holders to deposit checks electronically by 

taking a photo of the front and back of the check. After selecting an account to deposit the check 

to, the user enters the amount of the check. 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 5 

12. The photo of the front and back is manually taken by the user – as a result, the 

images produced may be blurry or otherwise undesirable, and the application enables the user to 

retake a given photo (front or back). A visual representation of the photos is displayed on the 

screen.
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 6 

https://www.chase.com/content/dam/chasecom/en/personalbanking/documents/Guide_QuickDep

osit.pdf 

13. After selecting an account to deposit the check to, the user enters the amount of the 

check.

14. Upon being accepted by the user (via the Chase Mobile App), the application preprocesses the frontand back images to produce and front and back pre-processed images that is 

controlled by one or more preprocessing parameters received from a device (e.g., a server used to 

download the Chase Mobile App) separate from the user device (user’s smart phone) in a 

conversion of the one or more images or the one or more replacement images as specified for use 

by a receiving party.
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 7 

http://www.banktech.com/channels/chase-partners-with-mitek-to-expand-quickpay-mobiledepositcapture/d/d-id/1294511 

15. Defendant controls the operation and use of the Chase Mobile App and 

encourages its customers to use the Chase Mobile App to deposit checks to the customer’s 

accounts with Defendant. The Defendant’s Chase Mobile App is the Accused 

Instrumentality through which Defendant and its customers infringe the ’094 Patent. 

16. At least by developing, distributing, operating, promoting, and encouraging 

the use of the Chase Mobile App, Defendant encourages its customers to use the Chase 

Mobile App to practice the claimed methods, which Defendant controls the use of and 

derives a direct benefit and profit from. 

17. Upon information and belief, Defendant has infringed and continues to 

infringe one or more claims, including Claim 42, of the ’094 Patent by developing, 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 8 

distributing, operating, promoting, and encouraging the use of the Chase Mobile App in 

the United States without authority. Defendant has infringed and continues to infringe 

the ’094 Patent either directly or through the acts of inducement in violation of 35 U.S.C. 

§ 271. 

18. Defendant has been on notice of the ’094 Patent at least as early as January 

15, 2019 when it received a notice letter from Plaintiff, which included a claim chart 

comparing the ’094 Patent claims to the Chase Mobile App. 

19. Claim 42 recites: 

42. A computer implemented method performed by an image 

submission tool on a user device, comprising: 

causing the image submission tool to generate a visual 

representation of one or more images, the visual 

representation enabling a user to determine whether the one 

or more images should be replaced with one or more 

replacement images; 

causing the image submission tool to enable a user to enter text 

information for association with the one or more images or 

the one or more replacement images; 

causing the image submission tool to pre-process the one or more 

images or the one or more replacement images to produce 

one or more pre-processed images, the pre-processing by the 

image submission tool controlled by one or more preprocessing parameters received from a device separate from 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 9 

the user device in a conversion of the one or more images or 

the one or more replacement images as specified for use by a 

receiving party; 

causing the image submission tool to enable a user to submit the 

one or more pre-processed images; and 

causing the image submission tool to transmit the one or more preprocessed images. 

20. As indicated above, the Chase Mobile App enables account holders to 

deposit checks electronically by taking a photo of the front and back of the check. After 

selecting an account to deposit the check to, the user enters the amount of the check. 

21. More particularly, the Chase Mobile App is a computer implemented 

method performed by an image submission tool on a user device. 

22. In the process of using the Chase Mobile App, the computer implemented 

method causes the image submission tool to generate a visual representation of one or 

more images, the visual representation enabling a user to determine whether the one or 

more images should be replaced with one or more replacement images. 

23. In the process of using the Chase Mobile App, the computer implemented 

method causes the image submission tool to enable a user to enter text information for 

association with the one or more images or the one or more replacement images. 

24. In the process of using the Chase Mobile App, the computer implemented 

method causes the image submission tool to pre-process the one or more images or the 

one or more replacement images to produce one or more pre-processed images, the preprocessing by the image submission tool controlled by one or more pre-processing 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 10 

parameters received from a device separate from the user device in a conversion of the 

one or more images or the one or more replacement images as specified for use by a 

receiving party. 

25. In the process of using the Chase Mobile App, the computer implemented 

method causes the image submission tool to enable a user to submit the one or more preprocessed images. 

26. In the process of using the Chase Mobile App, the computer implemented 

method causes the image submission tool to transmit the one or more pre-processed 

images. 

27. Lupercal has been damaged by Defendant’s infringing activities. 

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff respectfully requests the Court enter judgment against 

Defendant: 

1. declaring that the Defendant has infringed the ’094 Patent; 

2. awarding Plaintiff its damages suffered as a result of Defendant’s 

infringement of the ’094 Patent; 

3. awarding Plaintiff its costs, attorneys’ fees, expenses, and interest; and 

4. granting Plaintiff such further relief as the Court finds appropriate. 

JURY DEMAND 

Plaintiff demands trial by jury, Under Fed. R. Civ. P. 38. 
COMPLAINT FOR PATENT INFRINGEMENT PAGE | 11 

Dated: February 25, 2020 Respectfully submitted, 

/s/ Raymond W. Mort, III 

Raymond W. Mort, III 

Texas State Bar No. 00791308 

raymort@austinlaw.com 

THE MORT LAW FIRM, PLLC 

100 Congress Ave, Suite 2200 

Austin, Texas 78701 

Tel/Fax: (512) 865-7950 

ATTORNEYS FOR PLAINTIFF 

 LUPERCAL LLC