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 provides 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 provides representation on one IP license per plan year with particular emphasis on indemnity provisions.
  • If warranted by a contract, experienced outside counsel will draft and sign indemnity demand letter. No limits as to number per plan year.
  • If received, experienced outside counsel will review, comment upon and recommend initial response to any letter-type demands. No limits as to number per plan year.
  • 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 percent fee discount on any engagement of plan counsel for additional services and, if mutually agreed upon, 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.

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Download Legal Service Contract Summary.

 

 

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.