With USAA Patent Win, Mitek Litigation Takes Center Stage

With the recent victory by USAA in its patent infringement suit against Wells Fargo, a lawsuit filed in a California federal court by Mitek on November 1^st takes on added significance. The lawsuit seeks a declaratory judgment that Mitek has not infringed on remote deposit capture patents, which are at the core of this dispute. The outcome is crucial if you are one of the credit unions that are relying on contractual language mandating that Mitek indemnify you against patent infringement claims stemming from RDC technology.

As explained in the complaint[1], starting in 2017, USAA has “launched an aggressive licensing and enforcement campaign” in which the Epicenter Law, PC has sent out over 1,000 patent licensing demand letters to financial institutions across the country, “most of which are Mitek customers.”

As you can see, Mitek faces substantial exposure as it has to financially protect financial institutions from these claims. I’ve said it before, and I will say it again; please review your RDC contracts to find out who is responsible for protecting you against patent infringement claims.

On that note, enjoy your day.

[1] Mitek Systems v. USAA 5:19-cv-07223-NC