On February 23, 2011, DataTreasury Corporation filed a patent infringement lawsuit against several financial institutions and subsidiaries, including Capital One, Regions Bank, North American Bancshares, American Bank of Texas, Legacy Texas Bank, Patriot Bancshares Inc., and Prosperity Bancshares Inc. The lawsuit alleges that the various defendants infringed U.S. Patent Nos. 5,910,988 and 6,032,137, covering systems and methods for capturing and storing data from paper transactions. The lawsuit was filed in the U.S. District Court for the Eastern District of Texas.
For several years, DataTreasury has been an active litigant enforcing its portfolio against financial services companies, filing more than 15 suits against dozens of financial institutions. Notably, prior patent law reform legislation introduced in the U.S. Senate proposed granting immunity from patent damages to banks if check imaging patents were infringed. However, the most recent patent law reform legislation, approved by the U.S. Senate on March 8, 2011 (see article further below), omitted the proposed immunity.