Insights
Firm News

Farella Braun + Martel Wins Judgment for Visa USA Inc. of Noninfringement on Prepaid Cards Patents

May 29, 2008 Press Release

Claims Dismissed at Markman Hearing

San Francisco (May 28, 2008) - Farella Braun + Martel LLP has won a victory for Visa USA Inc. in a patent infringement suit related to prepaid cards.  Judge Richard A. Lazzara in the U.S. District Court for the Middle District of Florida entered final judgment of dismissal in favor of Visa after issuing a favorable claims construction ruling on the first morning of a scheduled two day Markman hearing.

Plaintiff Every Penny Counts Inc. filed suit in July 2007, asserting that five patents covering various ways of saving or donating change in consumer transactions were infringed by use of prepaid cards issued under the Visa, American Express and MasterCard brands.    

Farella Braun + Martel attorneys Rod Thompson and Eugene Mar represented Visa at the hearing.  Key to the ruling were the claim terms "excess cash payment" and  "amount of excess cash."  Plaintiff Every Penny Counts asserted its patents involved loading money onto the cards and that that amount was "excess" cash for future use.  Thompson successfully argued that "excess" referred only to the change received by the consumer and, therefore there is no excess in a prepaid card transaction.  Judge Lazzara agreed, construing the term "amount of excess cash" to mean "amount selected by the payer/transactor beyond the total amount owed or due at the point of sale."  Plaintiff's lawyer conceded that, given the Court's construction, his client could not prove infringement against any defendant.

About Farella Braun + Martel LLP

Since its founding in 1962, Farella Braun + Martel has achieved a national reputation for the acumen of its business practice, the high profile cases of its complex commercial litigation practice and its prestigious client base. Based in San Francisco, the firm serves a diverse group of clients from multinational corporations to emerging businesses. The firm also has an office in the Napa Valley focused on the wine industry and related businesses. Farella Braun + Martel is a Green Business.

Contact:
Cheryl Loof
Farella Braun + Martel
415.954.4433
[email protected]                       

Firm Highlights

Publication

Supreme Court Upholds Constitutionality of Inter Partes Review of Issued Patents

In 2012, Congress created a new procedure that allows the U.S. Patent and Trademark Office to conduct a litigation-like procedure to review and potentially cancel patents. This procedure - inter partes review (“IPR”) - has...

Read More
News

Farella Braun + Martel Recognized by Chambers USA 2019

SAN FRANCISCO, April 25, 2019:Farella Braun + Martel announces that Chambers USA has recognized 11 lawyers and five practice areas in the legal directory’s 2019 edition. Practice Area Recognition:  Of note, this year the...

Read More
Publication

What California’s New Security Law Means to Your Business

Commonsense IoT security steps that startups and small business should consider to comply with California’s new law California recently enacted a new law, Senate Bill 327, that requires companies that make Internet of Things...

Read More
Publication

Will It Go Forward? First Cannabis Patent Infringement Case Filed in Federal Court

A patent infringement case pending in front of the U.S. District Court for the District of Colorado has the potential to set an important precedent that will have ramifications for many of our clients...

Read More
News

40 Farella Braun + Martel Attorneys Named to 2019 Northern California Super Lawyers and Rising Stars

SAN FRANCISCO, July 8, 2019: Forty Farella Braun + Martel attorneys across practice areas were named to the Super Lawyers and Rising Stars lists of top attorneys in Northern California for 2019. Farella attorneys...

Read More
News

Farella Braun + Martel Attorneys Named 2019 IP Stars by Managing Intellectual Property

SAN FRANCISCO, May 21, 2019: Farella Braun + Martel’s James L. Day , Jeffrey M. Fisher , Eugene Mar , Stephanie P. Skaff and Roderick M. Thompson have been named IP Stars by Managing...

Read More
News

Farella Client CNEX Labs Prevails In High-Stakes Trade Secrets Trial Against Huawei

SAN FRANCISCO, June 26, 2019: Following a three-week trial, a Texas federal jury ruled in favor of Farella Braun + Martel client CNEX Labs, Inc., clearing CNEX of all allegations of trade secret misappropriation...

Read More
News

Daily Journal Names Jeff Fisher Among Top IP Lawyers in California

Read More
Publication

Who 'Owns' a Secret? Whether Trade Secret Licensees Have Standing to Sue in California

If the eye-popping damages awards in several recent lawsuits are any indication, companies are increasingly coming to see their private information as one of their most valuable assets—and California juries apparently agree. For example...

Read More