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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

Autoscribe Corporation

Plaintiff, 

v. 

Repay Holdings Corporation and Repay 

Holdings, LLC 

Defendant. 

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Civil Action No. __________ 

JURY TRIAL DEMANDED

PLAINTIFF’S ORIGINAL COMPLAINT FOR PATENT INFRINGEMENT

Plaintiff Autoscribe Corporation (“Autoscribe” or “Plaintiff”) hereby submits this 

Original Complaint for patent infringement against Defendants Repay Holdings Corporation and 

Repay Holdings, LLC (together, “REPAY” or “Defendant”) and alleges, based on its own 

personal knowledge with respect to its own actions and based upon information and belief with 

respect to all others’ actions, as follows: 

I. THE PARTIES

1. Autoscribe is a Corporation organized under the laws of the state of Maryland

with its principal place of business at 12276 San Jose Blvd, Suite 624, Jacksonville, FL 32223. 

2. Repay Holdings Corporation is a corporation organized under the laws of

Delaware, with its headquarters at 3 West Paces Ferry Road Suite 200 Atlanta, GA 30305, and 

with a regular and established place of business at 5830 Crescent Drive, Suite 100, The Colony, 

TX 75056. Repay Holdings Corporation can be served through its registered agent: The 

Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 

19801. 

3. Repay Holdings, LLC is a limited liability company organized under the laws of 

Case 2:23-cv-00349-JRG Document 1 Filed 07/27/23 Page 1 of 22 PageID #: 1
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Delaware, with its headquarters at 3 West Paces Ferry Road Suite 200 Atlanta, Georgia 30305, 

and with a regular and established place of business at 5830 Crescent Drive, Suite 100, The 

Colony, TX 75056. Repay Holdings, LLC can be served through its registered agent: The 

Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE, 

19801. 

II. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1338(a) 

because this action arises under the patent laws of the United States, 35 U.S.C. § 1 et seq., 

including 35 U.S.C. § 271. 

5. As discussed in greater detail below, Defendant has committed acts of patent 

infringement and/or has induced and/or contributed to acts of patent infringement by others in 

this judicial district, the State of Texas, and elsewhere in the United States, by making, using, 

offering for sale, selling, or importing various products or services that infringe Autoscribe’s 

Asserted Patent (defined below).

6. As mentioned above, Defendant has a regular and established place of business in 

the District at 5830 Crescent Drive, Suite 100, The Colony, TX 75056. This location is one of 

Defendant’s “principal facilities,” and at 14,100 square feet, it is Defendant’s largest facility.1

This location is a physical place located in the District, and it is held out as a regular and 

established place of business of Defendant, including by signage indicating that it operates out of 

the building. Defendant is currently advertising several job postings at this location, including 

postings for a “Sr. Software Engineer” (the responsibilities of which include “[b]uilding and 

enhancing our core API, user interfaces, and backend processing systems” and “Developing and 

1 https://www.sec.gov/ix?doc=/Archives/edgar/data/1720592/000095017023005561/rpay20221231.htm#item_2_properties (last visited July 26, 2023). 

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deploying to cloud-based technology”) and a “Product Owner” (the responsibilities of which 

include “[d]efining and refining, with an Architect, the payment processing services serving all 

REPAY’s merchants” and “[b]uilding a library of payment services with mature API 

definition”).2

7. Additionally, Defendant has customers in the District, including, e.g., Daimler 

Truck Financial Services USA LLC.

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8. The Court has personal jurisdiction over Defendant, in part, because Defendant 

has minimum contacts within the State of Texas; Defendant has purposefully availed itself of the 

privileges of conducting business in the State of Texas; Defendant regularly conducts business 

within the State of Texas; and Plaintiffs’ causes of action arise directly from Defendant’s 

business contacts and other activities in the State of Texas, including by virtue of Defendant’s 

infringement in the State of Texas. More specifically, Defendant is subject to the Court’s general 

jurisdiction, in part, due to its continuous and systematic contacts with the State of Texas.

Further, Defendant is subject to the Court’s specific jurisdiction, in part, because Defendant has 

committed patent infringement and/or has induced and/or contributed to acts of infringement by 

others in the State of Texas and because Defendant has a place of business in the State of Texas

such that assertion of personal jurisdiction is reasonable and fair. 

9. Venue is proper in this judicial District under 28 U.S.C. § 1400(b) because

Defendant has committed patent infringement and/or has induced and/or contributed to acts of 

infringement by others in the District and has a regular and established place of business in the 

District, as discussed above. 

2

 https://repay.wd1.myworkdayjobs.com/REPAYCareers (last visited July 26, 2023). 

3

 https://dtf.repay.io/ebpp/#/ (last visited July 26, 2023). 

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III. BACKGROUND

10. Fraud in credit card and other financial transactions is a major problem,

particularly in the online marketplace. Considerable resources are devoted to securing credit card 

and other account information provided to online merchants by payers. A single breach of 

security incident can compromise millions of credit card accounts, and such breaches are 

reported on a regular basis. As such, customers’ financial data are sensitive in nature and are 

subject to strict regulations. Companies that fail to adequately protect customers’ credit card data 

may face significant legal and regulatory consequences.

11. Autoscribe is a leading financial services company and payment processor, 

currently processing more than $2 billion in transactions annually and servicing thousands of 

financial institutions and corporate billers across the nation. As part of its mission, Autoscribe 

has invested significant resources and capital into developing new technologies to facilitate 

transactions and assist billers in meeting their compliance needs while minimizing costs and 

complexity.

12. Autoscribe has protected these technologies with a robust and growing patent 

portfolio.

13. On April 4, 2023, the United States Patent and Trademark Office (“USPTO”) 

duly and legally issued United States Patent No. 11,620,621 (“the ’621 Patent” or “the Asserted 

Patent”), titled “Enrolling a payer by a merchant server operated by or for the benefit of a payee 

and processing a payment from the payer by a secure server.” The Asserted Patent is valid and 

enforceable. 

14. The Asserted Patent is directed to “systems and methods for obtaining and using 

account information to process financial payments.”

15. Autoscribe is the original applicant and the sole and exclusive owner of all rights, 

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title, and interest in the Asserted Patent, including the sole and exclusive right to prosecute this 

action, to enforce the Asserted Patent against infringers, to collect damages for past, present and 

future infringement of the Asserted Patent, and to seek injunctive relief as appropriate under the 

law.

16. Plaintiff has complied with any marking requirements under 35 U.S.C. § 287 with 

regard to the Asserted Patent.

17. Defendant is a financial technology company that mainly provides payment 

processing services and solutions. In 2022, it processed approximately $25.7 billion of card 

payments and generated approximately $280 million in annual revenues. Most of the revenues 

are derived from volume-based payment processing fees and other related fixed per transaction 

fees.

18. As discussed in greater detail below, Defendant provides processing solutions, 

including its “Payment API,” that are covered by the Asserted Patent.

19. Defendant competes directly against Autoscribe, including through its “Payment 

API,” causing Autoscribe to lose significant profits.

20. Accordingly, Defendant’s infringement, as described below, has injured, and 

continues to injure Autoscribe. 

IV. COUNT I: INFRINGEMENT OF THE ASSERTED PATENT

21. Autoscribe incorporates each of the allegations of paragraphs 1–20 above. 

22. Defendant has directly infringed and continues to directly infringe the Asserted

Patent by, for example, making, using, offering to sell, selling, and/or importing into the United 

States, without authority, products or services that practice one or more claims of the Asserted

Patent. 

23. Defendant is not licensed or otherwise authorized to make, use, offer for sale, sell 

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or import any products or services that embody the inventions of the Asserted Patent in the 

United States. 

24. Defendant has and continues to directly infringe one or more claims of the 

Asserted Patent, including, for example, claim 1, either literally or under the doctrine of 

equivalents, by performing every step of the claimed method in violation of 35 U.S.C. § 271. 

25. Defendant’s infringing services include, for example, the services Defendant 

provides through its “Payment API,” as well as any other similar methods performed by 

Defendant (collectively, the “Infringing Methods”). 

26. For example, Representative Claim 1 of the Asserted Patent claims: 

A method of processing a payment transaction from a payer to a payee, the 

method being performed by one or more secure servers, the method comprising: 

providing, by the one or more secure servers to a merchant server 

providing a webpage to a payer computing system used by the payer, an 

application programming interface (API) that: 

provides financial account registration and token retrieval functions that 

can be executed to process the payment transaction; 

provides access to the financial account registration and token retrieval 

functions to the merchant server; 

receives, from the merchant server via the API, at least one data element 

associated with the payer and a payment amount from the payer to the 

payee; 

authenticates the payee; and 

executes the financial account registration function, upon initiation by the 

merchant server, by: 

generating a uniform resource locator (URL), for establishing a 

secure socket layer connection via the internet between the secure 

server and the payer computing system, the URL comprising 

either: 

a dynamic URL generated by the secure server for the 

payer and the payee; or a static URL and a hypertext 

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transport protocol (HTTP) parameter used by the secure 

server to identify the payer and the payee; 

establishing the secure socket layer connection, in response to an 

HTTP request received from the merchant server for the generated 

URL, between the secure server and the payer computing system 

within a window or frame that is displayed within the webpage 

provided by the merchant server; 

outputting instructions to the payer computing system, in response 

to the HTTP request for the generated URL, to render a financial 

account registration request form, within the window or frame that 

is displayed within the webpage provided by the merchant server, 

that provides functionality for the payer to provide sensitive 

financial account information associated with a financial account; 

and 

outputting instructions to the payer computing system, in response 

to the HTTP request for the generated URL, to encrypt the 

sensitive financial account information provided by the payer and 

transmit the encrypted financial account information to the secure 

server via the secure socket layer connection; 

receiving the sensitive financial account information provided by the 

payer via the secure socket layer connection; 

storing the sensitive financial account information in a secure storage 

location and performing each software process required to maintain 

compliance with one or more information security standards; 

executing a token retrieval function, upon initiation by the merchant server 

via the API, by: 

providing a non-sensitive electronic data token representing the 

sensitive financial account information to the merchant server 

without providing the sensitive financial account information to the 

merchant server and without providing the non-sensitive electronic 

data token to the payer; and 

processing the payment transaction using the sensitive financial 

account information by generating and transmitting an electronic 

request requesting the payment amount from the financial account, 

obtaining the payment amount, and forwarding at least a portion of 

the payment amount to the payee.

27. Through its Payment API, Defendant performs a method of processing a payment 

transaction from a payer to a payee, the method being performed by one or more secure servers

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and meeting every element of Claim 1. The figure below is an excerpt from Defendant’s 

documentation providing an overview of the purpose of the Payment API:4 

28. Defendant provides, by the one or more secure servers to a merchant server 

providing a webpage to a payer computing system used by the payer, an application 

programming interface (API). This is shown by, e.g., the following excerpts from Defendant’s 

documentation for its Payment API:

5

4

 https://www.postman.com/repay-api-nation/workspace/repay-api-nation-s-publicworkspace/documentation/9781366-91da388b-d862-4980-a2ba-2aca6d0420cb (last visited July 

26, 2023). 

5 Id.

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29. It provides financial account registration and token retrieval functions that can be 

executed to process the payment transaction. This is shown by, e.g., the functions described in 

the “Card Payment” folder of the “Hosted Payments” section of the Payment API 

documentation:6

6 Id. at “Hosted Payments” / “Card Payment” (last visited July 26, 2023). 

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30. It provides access to the financial account registration and token retrieval 

functions to the merchant server. This is shown by, e.g., the “calls” described in the “Card 

Payment” folder of the “Hosted Payments” section of the Payment API documentation:

7

31. It receives, from the merchant server via the API, at least one data element 

associated with the payer and a payment amount from the payer to the payee. This is shown by, 

e.g., the “amount” and “customer_id” in the “Get One-Time Use URL” portion of the “Card 

Payment” folder of the Payment API documentation:8

7

 https://www.postman.com/repay-api-nation/workspace/repay-api-nation-s-publicworkspace/documentation/9781366-91da388b-d862-4980-a2ba-2aca6d0420cb (last visited July 

26, 2023). 

8 Id. at “Hosted Payments” / “Card Payment” (last visited July 26, 2023). 

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32. It authenticates the payee. This is shown by, e.g., the “Authorization” request 

header in the “Card Payment” folder of the Payment API documentation:9

9 Id.

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33. It executes the financial account registration function, upon initiation by the 

merchant server, by: 

a. (i) Generating a uniform resource locator (URL), for establishing a secure socket 

layer connection via the internet between the secure server and the payer 

computing system, the URL comprising either: a dynamic URL generated by the 

secure server for the payer and the payee; or a static URL and a hypertext 

transport protocol (HTTP) parameter used by the secure server to identify the 

payer and the payee. This is shown by, e.g., the “one-time use URL” described in 

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the “Card Payment” folder of the Payment API documentation:10

b. (ii) Establishing the secure socket layer connection, in response to an HTTP 

request received from the merchant server for the generated URL, between the 

secure server and the payer computing system within a window or frame that is 

10 Id.

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displayed within the webpage provided by the merchant server. This is shown by, 

e.g., the description of the “one-time use URL” in the “Card Payment” folder of 

the Payment API documentation:11

c. (iii) Outputting instructions to the payer computing system, in response to the 

HTTP request for the generated URL, to render a financial account registration 

request form, within the window or frame that is displayed within the webpage 

provided by the merchant server, that provides functionality for the payer to 

provide sensitive financial account information associated with a financial 

account. This is shown by, e.g., the description of the purpose of the “Card 

11 Id.

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Payment” folder and the description of the “Checkout Form”:12

d. (iv) And outputting instructions to the payer computing system, in 

response to the HTTP request for the generated URL, to encrypt the 

sensitive financial account information provided by the payer and transmit 

the encrypted financial account information to the secure server via the 

secure socket layer connection. This is shown by, e.g., the same portions 

of the Payment API documentation discussed in the previous paragraph 

12 https://www.postman.com/repay-api-nation/workspace/repay-api-nation-s-publicworkspace/documentation/9781366-91da388b-d862-4980-a2ba-2aca6d0420cb (last visited July 

26, 2023); Id. at “Hosted Payments” / “Card Payment” (last visited July 26, 2023). 

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and by the “one-time use URL”:13

34. Defendant receives the sensitive financial account information provided by the 

payer via the secure socket layer connection. This is shown by, e.g., the same portions of the 

Payment API documentation discussed in the previous paragraph and by the description of the 

“Get One-Time Use URL” portion of the “Card Payment” folder of the Payment API 

documentation:14 

35. Defendant stores the sensitive financial account information in a secure storage 

13 Id.

14 Id.

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location and performs each software process required to maintain compliance with one or more 

information security standards. This is shown by, e.g., the description of “Hosted Payments” in 

the Payment API documentation:15

36. Defendant executes a token retrieval function, upon initiation by the merchant 

server via the API, by: providing a non-sensitive electronic data token representing the sensitive 

financial account information to the merchant server without providing the sensitive financial 

account information to the merchant server and without providing the non-sensitive electronic 

data token to the payer; and processing the payment transaction using the sensitive financial 

account information by generating and transmitting an electronic request requesting the payment 

amount from the financial account, obtaining the payment amount, and forwarding at least a 

portion of the payment amount to the payee. For example, the “tokens” described in the Payment 

API documentation show “a non-sensitive electronic data token,” and the “Card Payment” folder

in the documentation shows that it processes a payment:16

15 https://www.postman.com/repay-api-nation/workspace/repay-api-nation-s-publicworkspace/documentation/9781366-91da388b-d862-4980-a2ba-2aca6d0420cb (last visited July

26, 2023). 

16 Id. 

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37. Defendant had actual knowledge of the Asserted Patent and the infringement of 

the same no later than the date of this Complaint. 

38. Defendant has and continues to indirectly infringe one or more claims of the 

Asserted Patent by inducing and/or contributing to direct infringement of the Asserted Patent by 

customers, importers, sellers, resellers, and users of the Infringing Methods. The direct infringers 

include, for example, at least the following: Daimler Truck Financial Services USA LLC,17 First 

17 https://dtf.repay.io/ebpp/#/ (last visited July 26, 2023). 

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Tower Corp. (A/K/A Tower Loan),18 Coastal Finance Company Inc.19, and Adonis Auto Group 

Houston, LLC.20

39. Defendant has and continues to induce others to directly infringe, either literally 

or under the doctrine of equivalents, by, among other things, making, using, offering to sell, 

selling and/or importing into the United States, without authority, products or services that 

practice one or more claims of the Asserted Patent.

40. Defendant induced the infringement by others with the intent to cause infringing 

acts by others or, in the alternative, with the belief that there was a high probability that others 

infringe the Asserted Patent, but while at best, remaining willfully blind to the infringement. 

41. As discussed in Paragraphs 21-36, above, Defendant advertises the Infringing 

Methods, publishes specifications and promotional literature encouraging customers to 

implement and incorporate the Infringing Methods into end user products, creates and/or 

distributes user manuals for the Infringing Methods that provide instructions and/or encourage 

infringing use, and offers support and/or technical assistances to its customers that provide 

instructions on and/or encourage infringing use. 

42. Defendant encourages and facilitates its customers to infringe the Asserted Patent 

by promoting the Infringing Methods, for example, providing documentation and stating in its 

documentation for the Payment API that “This collection was created for {{Merchant Name}} to 

connect to REPAY’s Platform for channels like SMS, IVR, Mobile and other external payments 

18 https://towerloan.repay.io/ebpp/#/ (last visited July 26, 2023). 

19 https://coastalfinanceco.repay.io/ebpp/#/ (last visited July 26, 2023). 

20 https://adonisautogroup.repay.io/ebpp/#/ (last visited July 26, 2023). 

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and payment management”21 (where “{{Merchant Name }}” is intended to be replaced with the 

name of the specific customer).

43. Defendant’s customers that incorporate the Infringing Methods into other 

products and services (e.g., Daimler Truck Financial Services USA LLC, Tower Loan, Coastal 

Finance Company Inc., and Adonis Auto Group Houston, LLC) each directly infringe the 

Asserted Patent pursuant to Defendant’s instructions and advertisements.

44. Additionally, Defendant has and continues to contribute to the direct infringement 

of others, either literally or under the doctrine of equivalents, by, among other things, offering to 

sell or selling within the within the United States, components of a patented device or an 

apparatus for use in practicing the claimed method, constituting a material part of the invention. 

45. As discussed in Paragraphs 21-36, above, Defendant provides APIs and example 

code for the Infringing Methods that constitute a component of a patented device or an apparatus 

for use in practicing the claimed method. 

46. Defendant does this knowing the same to be especially made or especially 

adapted for use in an infringement of such patent, and not a staple article or commodity of 

commerce suitable for substantial noninfringing use.

47. Defendant’s customers that incorporate the APIs and example code into other 

products and services (e.g., Daimler Truck Financial Services USA LLC, Tower Loan, Coastal 

Finance Company Inc., and Adonis Auto Group Houston, LLC) each directly infringe the 

Asserted Patent.

V. JURY DEMAND

48. Autoscribe hereby demands a trial by jury on all issues so triable. 

21 https://www.postman.com/repay-api-nation/workspace/repay-api-nation-s-publicworkspace/documentation/9781366-91da388b-d862-4980-a2ba-2aca6d0420cb (last visited July 

26, 2023).

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VI. PRAYER FOR RELIEF

WHEREFORE, Autoscribe requests entry of judgment in its favor and against Defendant 

as follows:

a) A declaration that Defendant has directly infringed one or more claims of the Asserted 

Patent, either literally or under the doctrine of equivalents; 

b) A declaration that Defendant has induced and/or contributed to infringement and/or is

inducing and/or contributing to infringement of one or more claims of the Asserted 

Patent, either literally or under the doctrine of equivalents;

c) An award of damages pursuant to 35 U.S.C. § 284 adequate to compensate Autoscribe 

for Defendant’s infringement of the Asserted Patent in an amount according to proof at 

trial (together with prejudgment and post-judgment interest), but no less than a 

reasonable royalty;

d) An award of costs and expenses pursuant to 35 U.S.C. § 284 or as otherwise permitted by 

law; and

e) Such other and further relief, whether legal, equitable, or otherwise, to which Autoscribe 

may be entitled or which this Court may order.

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Dated: July 27, 2023 Respectfully submitted,

/s/ Colin Phillips 

Colin Phillips 

State Bar No.: 24105937 

Jason McManis

State Bar No.: 24088032 

Chun Deng 

State Bar No.: 24133178 

AHMAD, ZAVITSANOS & MENSING, PLLC

1221 McKinney Street, Suite 2500 

Houston, Texas 77010 

(713) 655-1101 

cphillips@azalaw.com

jmcmanis@azalaw.com

cdeng@azalaw.com

Andrea L. Fair 

State Bar No.: 24078488 

WARD, SMITH, & HILL, PLLC

1507 Bill Owens Parkway 

Longview, Texas 75604 

(903) 757-6400 

(903) 757-2323 (fax) 

andrea@wsfirm.com

Attorneys for Autoscribe Corporation

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