Because of certain banks‘ infringing activity, DataTreasury has been forced to assert its patent rights; and from this process found itself entrenched in litigation for the past five plus years. Two of the patents asserted, the 988 and 137, have been extensively challenged by some of the largest banks in the world as to their scope and whether the United States Patent and Trademark Office (USPTO) properly issued them in 1999 and 2000, respectively. Since being issued by the USPTO, not only one, but two United States Federal Judges have issued Consent Judgments indicating the USPTO properly issued these patents. Additionally, in 2005 these banks, not satisfied by the two U.S. Courts' findings, asked the USPTO to again examine these patents in view of the extensive prior art found by the banks. In July of 2007, the USPTO, through a three panel, special reexamination unit, once again found the subject matter of these patents to be patentable.

Now DTC finds the banking industry lobbying Congress to protect itself from these patents. Senator Sessions has sponsored an amendment protecting banks from any liability for patent infringement on check imaging technology and asking the tax payers of America to pay for the banks’ wrongful acts. The amendment was rushed into the Senate version of the bill via a voice vote, but has yet to be adopted in the House version of the bill. Please read the amendment below.