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Risk, Legal & Regulatory Discussions > Patent Issues Discussion Forum > USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry? View modes: 
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MobileDeposit - 4/2/2012 7:10:05 PM
   
USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?

I trust that if RDC.com is truly an independent website with the best interests of the RDC industry in mind, they’ll let this conversation proceed… especially since they haven’t published an article yet…

It appears as if, based upon legal document filings (click here) that MITK started a process against USAA (in March of 2012) to try and get them to license their mobile deposit technology (based upon the premise of patent infringement). USAA was clearly pissed, and filed a lawsuit in court claiming that USAA did not infringe any patents, and “USAA seeks recovery for Mitek's misappropriation of USAA's proprietary information, breach of contract, fraud and fraudulent inducement, and unjust enrichment. USAA also seeks injunctive relief.”

You can read the entire court document by clicking: http://www.scribd.com/priorsmart/d/87402654-United-States-Automobile-Association-v-Mitek-Systems

This begs a few serious questions for the industry (and for Mitek and USAA):

-          What happens if USAA Wins?

o   What happens to the majority of banks who have licensed MITK’s technology to offer Mobile Deposit? These banks include JPMC, BofA, and most of the top 25 banks, not to mention probably hundreds more financial institutions.

-          What happens if Mitek wins?

o   What happens to the USAA customer base?

o   What happens to others who have some form of Mobile Deposit, but not through MITEK?

-          What is a likely timeline? When might we see a court date? –Or is an out-of-court settlement more likely?

-          Is this really a big deal? Some people think so… MITK stock plummeted 20% today.

-          Until things become clearer, what is the impact upon the industry? Will your FI continue with their mobile deposit rollout unchanged?

Let’s see what the “experts” think… your turn to post something.

-Doc (MD)


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John - 4/2/2012 7:34:54 PM
   
RE:USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?
MD: Thank you for your post. As always, if the post is on topic, informative and of benefit to the RDC Industry, we'll let it through. Overall, you bring up a very interesting issue. Time, and the facts of the case will be needed to answer most of your questions. Similarly, we (RDC) need to do our homework before an insightful article can be written.

In the interim, I'd be surprised if this has widespread industry impact. It seems to be a case where USAA is simply trying to avoid any licensing fees (they claim to effectively have prior art), and hopes to recover any expenses associated with this endeavor. Given that neither appear to be patent trolls, I think a most-likely scenario might be an out-of-court settlement of this spat which (unfortunately) went public.

Please note: all the above are solely my personal opinions and not a qualified legal opinion or advice.

Thank you for your post. To others reading this, please note that "MobileDeposit" made this post anonymously... you can too should you wish. We (RDC) created these discussion forums to encourage posts like these. We hope you will join the discussion.

-John Leekley
Founder & CEO, RemoteDepositCapture.com

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checks - 4/3/2012 12:50:45 PM
   
RE:USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?

The provisional patents filed by Mitek were public the day they were filed in 2008. Did the USAA patent attorneys just miss them? It appears that the two have had a successful and award winning relationship over the years. In 2010 at a BAI conference in Chicago USAA and Mitek were individually awarded awards to  “recognize significant mobile accomplishments in retail banking”. The story can be located on the USAA site via the following link and it is the #12 story on the page. http://www.usaaweb.info/?m=201102 .

I hope they settle this soon. They are both excellent companies, and the last thing the industry need is another lawsuit.


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John - 4/9/2012 4:41:01 PM
   
RE:USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?
We just created a poll to survey our site visitors...

For Bankers and Credit Unions: Will the Mitek / USAA patent dispute impact your plans for Mobile RDC?

Click Here to take the poll.

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Ed - 4/11/2012 10:03:23 AM
   
RE:USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?
Today Mitek filed its response/counter claim to the USAA lawsuit ( http://remotedepositcapture.com/news/news.aspx?aid=43800 ).


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woodhousetim - 4/18/2012 10:05:48 AM
   
RE:USAA / MITK Patent Dispute – Impacts for the Mobile Remote Deposit Industry?
Good post and like any fledging industry the mobile deposit industry is finding its feet - the market needs balance and a choice of technologies to choose from in order for each FI to make their own jusdgement as to which best suits their business - i think the RDC summit in September will help FI's in this respect 


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