No Patent Extortion

The nation's first association-created patent defense product for banks

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Benefits

On a pre-paid basis, bank subscriber receives:

  • If sued, experienced outside counsel's initial evaluation of infringement and validity issues suitable for delivering to upper management and/or Board. No limits as to number per Plan Year.
  • Experienced outside counsel representation on one IP license per Plan Year with particular emphasis on indemnity provisions.
  • If warranted by a contract, an outside counsel drafted and signed indemnity demand letter.
  • Information sharing. Reasonable efforts to inform subscribers sued but not yet served.
  • Reasonable efforts to put similarly accused and/or similarly indemnified subscribers in touch with one another.
  • An automatic 15% fee discount on any engagement of plan counsel for additional services and, if mutually agreed, a non-hourly fee agreement.

Exclusions

  • With regard to patent infringement claims asserted against you, the plan provides only the specific services described. It is not insurance and does not provide a defense or any sort of indemnity.
  • Payments of any sort, including but not limited to, costs of defense, damages and penalties of any kind.

Fees

  • $3,500 annual flat fee.
  • $7,500 annual fee for banks that are not subscribers when services are first requested.

More information coming soon!

Additional information and application available soon. To be included in the first offering of this new product, please click here .

 

 

Problem

During 2015, more than a hundred patent infringement claims were asserted against banks in the Eastern District of Texas alone. These claims accuse core customer-service functions like:

  • Online Banking
  • Mobile Banking/Bill Pay
  • Text Banking
  • Statement/Notice Delivery Mode Election
  • Transaction Verification and Security
  • Imaging/Mobile Deposit

Solution

At the direction of TBA's Board of Directors and with the assistance of Steve Ravel -- Kelly, Hart & Hallman -- TBA staff utilized the perspectives of several banks and bankers to develop a cost-effective solution to the problem.