Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 1 of 39
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`RFCyber CORP.,
`
`v.
`
`VISA U.S.A. INC.,
`
`Plaintiff,
`
`Defendant.
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`Case No. 6:22-cv-00697
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`JURY TRIAL DEMANDED
`
`COMPLAINT FOR PATENT INFRINGEMENT
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`Plaintiff, RFCyber Corp. (“RFCyber” or “Plaintiff”), files this Amended Complaint against
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`Defendant Visa U.S.A. Inc. (“Visa” or “Defendant”), for patent infringement under 35 U.S.C. §
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`271 and alleges as follows:
`
`THE PARTIES
`
`1.
`
`RFCyber is a Texas corporation with a place of business at 600 Columbus
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`Avenue, Suite 106, Waco, Texas 76701. RFCyber is the owner of all right, title, and interest in
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`and to, or is the exclusive licensee with the right to sue for U.S. Patent Nos. 8,118,218,
`
`8,448,855, 9,189,787, and 9,240,009 (collectively, the “Patents-in-Suit” or “Asserted Patents”).
`
`2.
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`Defendant Visa U.S.A. Inc. is a corporation organized and existing under the laws
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`of Delaware, with one or more regular and established places of business in this District at least
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`at 12301 Research Blvd, Austin, TX 78759. Visa may be served with process through its
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`registered agent, the Corporation Service Company d/b/a CSC-Lawyers Incorporated, at 211 E.
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`7th Street Suit 620 Austin, TX 78701. Visa is registered to do business in the State of Texas and
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`has been since at least November 5, 2001.
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 2 of 39
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`JURISDICTION AND VENUE
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`3.
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`This is an action for patent infringement arising under the patent laws of the
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`United States, 35 U.S.C. §§ 1, et seq. This Court has subject matter jurisdiction over this action
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`pursuant to 28 U.S.C. §§ 1331, and 1338.
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`4.
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`This Court has specific personal jurisdiction over Defendant consistent with the
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`requirements of the Due Process Clause of the United States Constitution and the Texas Long
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`Arm Statute. Upon information and belief, Defendant has sufficient minimum contacts with the
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`forum because Defendant has physical locations and transacts substantial business in the State of
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`Texas and in this Judicial District. Further, Defendant has, directly or through subsidiaries or
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`intermediaries, committed and continues to commit acts of patent infringement in the State of
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`Texas and in this Judicial District as alleged in this Complaint, as alleged more particularly
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`below.
`
`5.
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`Venue is proper in this Judicial District pursuant to 28 U.S.C. §§ 1400(b) and
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`1391(b) and (c) because Defendant is subject to personal jurisdiction in this Judicial District, has
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`committed acts of patent infringement in this Judicial District, and has a regular and established
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`place of business in this Judicial District at 12301 Research Blvd, Austin, TX 78759. Defendant,
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`through its own acts, makes, uses, sells, and/or offers to sell infringing products within this
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`Judicial District, regularly does and solicits business in this Judicial District, and has the requisite
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`minimum contacts with the Judicial District such that this venue is a fair and reasonable one.
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`PATENTS-IN-SUIT
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`6.
`
`On February 21, 2012, the United States Patent and Trademark Office duly and
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`legally issued U.S. Patent No. 8,118,218 (the “’218 Patent”) entitled “Method and Apparatus for
`
`Providing Electronic Purse.” A true and correct copy of the ’218 Patent is attached as Exhibit A.
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`2
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 3 of 39
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`7.
`
`On May 28, 2013, the United States Patent and Trademark Office duly and legally
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`issued U.S. Patent No. 8,448,855 (the “’855 Patent”) entitled “Method and Apparatus for
`
`Funding an Electronic Purse.” A true and correct copy of the ’855 Patent is attached as Exhibit
`
`B.
`
`8.
`
`On November 17, 2015, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,189,787 (the “’787 Patent”) entitled “Method and Apparatus for
`
`Conducting E-Commerce and M-Commerce.” A true and correct copy of the ’787 Patent is
`
`attached as Exhibit C.
`
`9.
`
`On January 19, 2016, the United States Patent and Trademark Office duly and
`
`legally issued U.S. Patent No. 9,240,009 (the “’009 Patent”) entitled “Mobile Devices for
`
`Commerce Over Unsecured Networks.” A true and correct copy of the ’009 Patent is attached as
`
`Exhibit D.
`
`10.
`
`RFCyber is the sole and exclusive owner of all right, title and interest to and in, or
`
`is the exclusive licensee with the right to sue for, the ’218, ’855, ’787, and ’009, Patents, and
`
`holds the exclusive right to take all actions necessary to enforce its rights to the Patents-in-Suit,
`
`including the filing of this patent infringement lawsuit. RFCyber also has the right to recover all
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`damages for past, present, and future infringement of the Patents-in-Suit and to seek injunctive
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`relief as appropriate under the law.
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`INFRINGEMENT ALLEGATIONS
`
`11.
`
`The technologies of the Patents-in-Suit were variously invented by Liang Seng
`
`Koh, Hsin Pan, Xiangzhen Xie, Futong Cho, and Fuliang Cho. The Patents-in-Suit generally
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`cover apparatus and methods for provisioning a card and/or enabling secure contactless payment
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`with a portable device. In one exemplary embodiment, a smart card module including a secure
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`3
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 4 of 39
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`element may emulate a payment card over near field communications (“NFC”). For example,
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`users may select one of a plurality of payment cards stored in a memory of the secure element
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`and carry out a transaction via NFC at a point of service (“POS”). In another embodiment, the
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`device may securely conduct transactions over an open network with a payment server. By
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`facilitating the settlement of charges using an NFC mobile device to read off data pertaining to
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`an electronic invoice, the inventions of the Patents-in-Suit provide significant time-savings,
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`particularly in situations where a payment process would otherwise involve more than one
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`contact between a merchant and consumer.
`
`12.
`
`Visa has manufactured, used, marketed, distributed, sold, offered for sale, and
`
`exported from and imported into the United States devices and software that infringe the Patents-
`
`in-Suit. For example, Visa provides, distributes, and operates services, including but not limited
`
`to Visa Token Service (a.k.a. VTS),1 Visa Ready,2 Token ID,3 Visa payWave, and other Token
`
`Service Provider and/or Trusted Service Manager solutions that have include functionality to
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`personalize a payment card applet, emulate a payment card, and process a transaction via NFC.
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`The applications and services identified above, alone and together, are non-limiting instances of
`
`the Accused Products. The Accused Products practice the claims of the Patents-in-Suit to
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`improve the shopping experience of their users, and to improve Visa’s position in the market.
`
`13.
`
`Visa’s infringement of the Patents-in-Suit is willful. Visa continues to commit
`
`acts of infringement despite a high likelihood that its actions constitute infringement, and Visa
`
`knew or should have known that its actions constituted an unjustifiably high risk of infringement.
`
`1 See e.g. https://usa.visa.com/partner-with-us/payment-technology/visa-tokenization.html.
`2 See e.g. https://partner.visa.com/site/programs/visa-ready.html;
`3 See e.g. https://usa.visa.com/products/token-id.html; see also
`https://usa.visa.com/content/dam/VCOM/global/products/documents/visa-token-id-token-
`service-provider-fact-sheet.pdf.
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`4
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 5 of 39
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`14.
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`Visa has known of its infringement of the Asserted Patents at least since
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`December 20, 2021, when it received service of a subpoena issued by RFCyber in the action of
`
`RFCyber v. Samsung Elecs. Co., and Samsung Elecs. Am., Inc., 2:20-cv-00335 (E.D. Tex.),
`
`which identified the Patents-in-Suit. Upon information and belief, Visa further received
`
`correspondence from Samsung identifying the Patents-in-Suit and putting Visa on notice that
`
`functionality it provides infringes the Patents-in-Suit.
`
`15.
`
`RFCyber has at all times complied with the marking provisions of 35 U.S.C. §
`
`287 with respect to the Patents-in-Suit. On information and belief, any prior assignees and
`
`licensees have also complied with the marking provisions of 35 U.S.C. § 287.
`
`COUNT I
`(Infringement of the ’218 Patent)
`
`16.
`
`Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`17.
`
`RFCyber has not licensed or otherwise authorized Visa to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’218 Patent.
`
`18.
`
`Visa infringes, contributes to the infringement of, and/or induces infringement of
`
`the ’218 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
`
`importing into the United States products and/or methods covered by one or more claims of the
`
`’218 Patent, including, but not limited to, at least the Accused Products.
`
`19.
`
`Visa has directly infringed and continues to directly infringe the ’218 Patent,
`
`either literally or under the doctrine of equivalents, without authority and in violation of 35
`
`U.S.C. § 271, by making, using, offering to sell, selling and/or importing into the United States
`
`products that satisfy each and every limitation of one or more claims of the ’218 Patent. Upon
`
`information and belief, these products include the Accused Products that practice the methods
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`5
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 6 of 39
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`and systems covered by the ’218 Patent, including, for example, card emulation and NFC
`
`payment functionality implemented by Visa Token Service. For example, these products infringe
`
`at least claim 1 of the ’218 Patent.
`
`20.
`
`For example, Visa has and continues to directly infringe at least claim 1 of the
`
`‘218 Patent by making, using, offering to sell, selling and/or importing into the United States
`
`products that implement a method for providing an e-purse, the method comprising: providing a
`
`portable device including or communicating with a smart card pre-loaded with an emulator
`
`configured to execute a request from an e-purse applet and provide a response the e-purse applet
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`is configured to expect, the portable device including a memory space loaded with a midlet that
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`is configured to facilitate communication between the e-purse applet and a payment server over a
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`wireless network, wherein the e-purse applet is downloaded and installed in the smart card when
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`the smart card is in communication with the payment server, the portable device further includes
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`a contactless interface that facilitates communication between the e-purse applet in the smart
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`card and the payment server over a wired network; personalizing the e-purse applet by reading
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`off data from the smart card to generate in the smart card one or more operation keys that are
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`subsequently used to establish a secured channel between the e-purse applet and an e-purse
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`security authentication module (SAM) external to the smart card, wherein said personalizing the
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`e-purse applet comprises: establishing an initial security channel between the smart card and the
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`e-purse SAM to install and personalize the e-purse applet in the smart card, and creating a
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`security channel on top of the initial security channel to protect subsequent operations of the
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`smart card with the e-purse SAM, wherein any subsequent operation of the emulator is
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`conducted over the security channel via the e-purse applet.
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`6
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`21.
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`The Accused Products provide a portable device, such as the phone, including or
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`communicating with a smart card pre-loaded with an emulator configured to execute a request
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`from an e-purse applet and provide a response the e-purse applet is configured to expect. For
`
`example, NFC-enabled phones configured with the Visa Token Service include or communicate
`
`with a smart card such as an NFC module, and/or assembly of an NFC module, secure element,
`
`processor, microcontroller, and/or memory. On information and belief, the smart card (e.g. NFC
`
`module) of a phone configured with the Visa Token Service is pre-loaded with an emulator
`
`configured to execute a request from an e-purse applet, such as a payment card applet within
`
`Visa Pay, and provide a response that the applet is configured to expect.
`
`22.
`
`For example, Accused Products, such as phones configured with the Visa Token
`
`Service, include a memory space loaded with a midlet, such as a contactless payment application
`
`(e.g. Visa payWave and/or client side software associated with the Visa Token Service such as
`
`an SDK) or other software, that is configured to facilitate communication between the e-purse
`
`applet, such as a payment card stored on the product, and a payment server, such as a merchant
`
`and/or financial institution payment server, over a wireless network. For example, on
`
`information and belief, the devices such as phones configured with the Visa Token Service
`
`comprise memory such as RAM, ROM, Flash, and/or EEPROM, including in both the NFC
`
`module and secure element. For example, upon information and belief, Visa Token Service
`
`comprises a midlet such as client-side software including an SDK and/or other software
`
`interfacing with a Visa payment card applet. For example, on information and belief, the secure
`
`element of the phones running Visa Pay further comprises a memory such as RAM, ROM, Flash,
`
`and/or EEPROM.
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`7
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 8 of 39
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`4
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`4 https://usa.visa.com/dam/VCOM/global/visa-everywhere/documents/visa-secure-payments-
`and-internet-of-things-whitepaper.pdf
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`8
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 9 of 39
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`5
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`23.
`
`The Accused Products further perform a method wherein the e-purse applet is
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`downloaded and installed in the smart card when the smart card is in communication with the
`
`payment server. For example, the Visa Token Service causes NFC-enabled phones to download
`
`and install a payment card applet while in communication with a payment server such as a TSP
`
`server.
`
`5 https://usa.visa.com/content/dam/VCOM/global/products/documents/visa-token-id-token-
`service-provider-fact-sheet.pdf
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`9
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 10 of 39
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`6
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`24.
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`The Accused Products further include a contactless interface that facilitates
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`communication between the e-purse applet in the smart card and the payment server over a wired
`
`network. For example, on information and belief, the NFC module of NFC-enabled phones
`
`configured with the Visa Token Service includes a contactless NFC interface that facilitates
`
`communication between a payment card applet and a payment server over a wired network, such
`
`as via a payment card reader at a POS connected to a payment server via wired network.
`
`6 https://usa.visa.com/dam/VCOM/global/visa-everywhere/documents/visa-secure-payments-
`and-internet-of-things-whitepaper.pdf
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`10
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 11 of 39
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`7
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`25.
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`The Accused Products further personalize the e-purse applet (e.g. Visa card
`
`applets within a mobile wallet configured with the Visa Token Service and/or Visa payWave) by
`
`reading off data from the smart card (e.g. NFC Module or secure element) to generate in the
`
`smart card one or more operation keys that are subsequently used to establish a secured channel
`
`between the e-purse applet and an e-purse security authentication module (SAM) external to the
`
`smart card. For example, on information and belief, the Visa Token Service establishes
`
`operations keys that operate to establish secure connections between a stored payment card and
`
`an authentication module at a server of the card issuer and/or merchant when adding a given card
`
`to the device for the first time, and/or subsequently during transactions.
`
`7 https://usa.visa.com/dam/VCOM/global/visa-everywhere/documents/visa-secure-payments-
`and-internet-of-things-whitepaper.pdf
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`11
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`8
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`26.
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`The Accused Products further practice a method wherein personalizing the e-
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`purse applet (e.g., configuring the payment card applet within a mobile wallet configured with
`
`the Visa Token Service) comprises establishing an initial security channel between the smart
`
`card and the e-purse SAM to install and personalize the e-purse applet in the smart card. For
`
`example, on information and belief, the Visa Token Service operates to establish a security
`
`channel with at least a Visa TSP server after a user enters details for a given payment card and
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`operates to install and personalize the applet in the smart card, such as to install the card with the
`
`user’s personal information in the secure element.
`
`27.
`
`The Accused Products create a security channel on top of the initial security
`
`channel to protect subsequent operations of the smart card within the e-purse SAM, wherein any
`
`subsequent operation of the emulator is conducted over the security channel via the e-purse
`
`applet. For example, on information and belief, once a Visa payment card applet is installed,
`
`8 https://usa.visa.com/dam/VCOM/Media%20Kits/PDF/visa-security-tokenization-infographic.pdf
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`12
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 13 of 39
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`operation of the emulator configured with the Visa Token Service is conducted via operation of
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`the e-purse applet using the security key installed during the personalization process.
`
`28.
`
`For example, Visa further directs and controls the actions of others, such as
`
`customers, users, NFC-enabled phone providers, and e-purse providers, to practice or otherwise
`
`satisfy each of the above elements. For example, Visa conditions receipt of the benefit of
`
`enabling NFC payments over Visa’s network on satisfying the claimed elements in a manner
`
`specified by Visa.
`
`29.
`
`Visa has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’218 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Visa’s customers and end-users, e-purse providers, and NFC-enabled phone
`
`providers, e-purse providers, and NFC-enabled phone providers, in this District and elsewhere in
`
`the United States. For example, Visa’s customers and end-users, e-purse providers, and NFC-
`
`enabled phone providers, directly infringe, either literally or under the doctrine of equivalents,
`
`through their use of the inventions claimed in the ’218 Patent. Visa induces this direct
`
`infringement through its affirmative acts of manufacturing, selling, distributing, and/or otherwise
`
`making available the Accused Products, and providing instructions, documentation, and other
`
`information to customers and end-users suggesting that they use the Accused Products in an
`
`infringing manner, including technical support, marketing, product manuals, advertisements, and
`
`online documentation. Because of Visa’s inducement, Visa’s customers and end-users use
`
`Accused Products in a way Visa intends and directly infringe the ’218 Patent. Visa performs
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`these affirmative acts with knowledge of the ’218 Patent and with the intent, or willful blindness,
`
`that the induced acts directly infringe the ’218 Patent.
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`13
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`30.
`
`Visa has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ’218 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, e-purse providers, and NFC-enabled
`
`phone providers, in this District and elsewhere in the United States. Visa’s affirmative acts of
`
`selling and offering to sell the Accused Products in this District and elsewhere in the United
`
`States and causing the Accused Products to be manufactured, used, sold and offered for sale
`
`contributes to others’ use and manufacture of the Accused Products such that the ’218 Patent is
`
`directly infringed by others. The accused components within the Accused Products, such as the
`
`Visa Token Service, are material to the invention of the ’218 Patent, are not staple articles or
`
`commodities of commerce, have no substantial non-infringing uses, and are known by Visa to be
`
`especially made or adapted for use in the infringement of the ’218 Patent. Visa performs these
`
`affirmative acts with knowledge of the ’218 Patent and with intent, or willful blindness, that they
`
`cause the direct infringement of the ’218 Patent.
`
`31.
`
`Because of Visa’s direct and indirect infringement of the ’218 Patent, RFCyber
`
`has suffered, and will continue to suffer, damages in an amount to be proved at trial.
`
`32.
`
`Because of Visa’s direct and indirect infringement of the ’218 Patent, RFCyber
`
`has suffered, and will continue to suffer, irreparable harm for which there is no adequate remedy
`
`at law, unless Visa’s infringement is enjoined by this Court.
`
`COUNT II
`(Infringement of the ’855 Patent)
`
`33.
`
`Paragraphs 1 through 15 are incorporated herein by reference as if fully set forth
`
`in their entireties.
`
`34.
`
`RFCyber has not licensed or otherwise authorized Visa to make, use, offer for
`
`sale, sell, or import any products that embody the inventions of the ’855 Patent.
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`14
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`35.
`
`Visa infringes, contributes to the infringement of, and/or induces infringement of
`
`the ’855 Patent by making, using, selling, offering for sale, distributing, exporting from, and/or
`
`importing into the United States products and/or methods covered by one or more claims of the
`
`’855 Patent, including, but not limited to, at least the Accused Products.
`
`36.
`
`Visa has directly infringed and continues to directly infringe the ’855 Patent,
`
`either literally or under the doctrine of equivalents, without authority and in violation of 35
`
`U.S.C. § 271, by making, using, offering to sell, selling and/or importing into the United States
`
`products that satisfy each and every limitation of one or more claims of the ’855 Patent. Upon
`
`information and belief, these products include the Accused Products that practice the methods
`
`and systems covered by the ’855 Patent, including, for example, card provisioning and
`
`emulation, and NFC payment functionality implemented by the Visa Token Service running on
`
`servers and NFC-enabled devices such as phones. For example, these products infringe at least
`
`claim 1 of the ’855 Patent.
`
`37.
`
`For example, Visa has and continues to directly infringe at least claim 1 of the
`
`‘855 Patent by making, using, offering to sell, selling and/or importing into the United States
`
`products that practice a method for funding an e-purse, the method comprising receiving a PIN
`
`from a user of a portable device, wherein the portable device is a near field communication
`
`(NFC) enabled device that includes a card module; initiating a request from a midlet embedded
`
`in the portable device after the PIN is verified, wherein the midlet sends the request to an e-purse
`
`applet; causing the e-purse applet to compose a response to the request; sending the response by
`
`the e-purse applet over a wireless network to a server administrating the e-purse, the server
`
`configured to verify the response against an account in a financial institution across a network, a
`
`fund transfer request is initiated by the server to the financial institution when the response is
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 16 of 39
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`successfully verified; receiving commands from the server in responding to the fund transfer
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`request; and causing an emulator in the portable device to update a transaction log after an
`
`authenticity of the commands is verified by the e-purse applet wherein the e-purse in the portable
`
`device has been personalized by operations including: establishing an initial security channel
`
`between the card module and an e-purse security authentication module (SAM) external to the
`
`card module to install and personalize the e-purse applet in the card module, and creating a
`
`security channel on top of the initial security channel to protect subsequent operations of the card
`
`module with the e-purse SAM, wherein any subsequent transactions with the e-purse are
`
`conducted over the security channel.
`
`38.
`
`The Accused Products practice a method of receiving a PIN from a user of a
`
`portable device, wherein the portable device is a near field communication (NFC) enabled device
`
`that includes a card module. For example, on information and belief, NFC-enabled phones
`
`configured with the Visa Token Service includes a card module, such as a secure element or
`
`NFC Controller, and requires a PIN to unlock, and further requires a PIN to carry out a
`
`transaction via NFC.
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`16
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 17 of 39
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`9
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`39.
`
`The Accused Products practice a method of initiating a request from a midlet
`
`embedded in the portable device after the PIN is verified, wherein the midlet sends the request to
`
`an e-purse applet. For example, on information and belief, NFC-enabled phones configured with
`
`the Visa Token Service practice a method of initiating a request after the PIN, such as a
`
`passcode, is verified, where the Visa Token Service (and/or a client-side service and/or SDK
`
`associated with the Visa Token Service) sends a request to a payment card applet, such as a Visa
`
`applet.
`
`40.
`
`The Accused Products practice a method of causing the e-purse applet to compose
`
`a response to the request. For example, on information and belief, the payment card applet, such
`
`as a Visa card applet, composes a response including the transaction, user, and/or device
`
`9 https://usa.visa.com/dam/VCOM/global/visa-everywhere/documents/visa-secure-payments-
`and-internet-of-things-whitepaper.pdf
`
`17
`
`

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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 18 of 39
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`information, such as one or more operations keys, device account numbers, tokenized card
`
`information, and/or cryptograms.
`
`41.
`
`The Accused Products practice a method of sending the response by the e-purse
`
`applet over a wireless network to a server administrating the e-purse, the server configured to
`
`verify the response against an account in a financial institution across a network, a fund transfer
`
`request is initiated by the server to the financial institution when the response is successfully
`
`verified. For example, on information and belief, NFC-enabled phones configured with the Visa
`
`Token Service perform a method of sending the response by a payment card applet, e.g., a Visa
`
`card applet, to a payment server and/or gateway server, e.g., a Visa TSP server over a wireless
`
`network, such a cellular network, Wireless WAN, Wireless MAN, Wireless PAN, Wireless
`
`LAN, and/or a Global Area Network. On information and belief, the payment and/or gateway
`
`server is configured to respond to the request, such as a request for funds to complete a
`
`transaction, when the response is verified.
`
`18
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`

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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 19 of 39
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`42.
`
`The Accused Products practice receiving commands from the server in
`
`responding to the fund transfer request. For example, on information and belief, NFC-enabled
`
`phones configured with the Visa Token Service receive commands in response to a fund transfer
`
`request, such as to communicate transaction information to a card reader and/or payment
`
`10
`
`gateway.
`
`43.
`
`The Accused Products further practice causing an emulator in the portable device
`
`to update a transaction log after an authenticity of the commands is verified by the e-purse applet
`
`wherein the e-purse in the portable device has been personalized by operations including. For
`
`example, on information and belief, an emulator within NFC-enabled phones configured with the
`
`10 https://usa.visa.com/dam/VCOM/global/visa-everywhere/documents/visa-secure-payments-
`and-internet-of-things-whitepaper.pdf
`
`19
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`

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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 20 of 39
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`Visa Token Service update a transaction log once commands have been authenticated by an
`
`installed and configured payment card applet, e.g., a Visa card applet, such as based on operating
`
`keys, device account number, tokenized card information, and/or cryptograms.
`
`44.
`
`The Accused Products further practice establishing an initial security channel
`
`between the card module and an e-purse security authentication module (SAM) external to the
`
`card module to install and personalize the e-purse applet in the card module. For example, on
`
`information and belief, NFC-enabled phones configured with the Visa Token Service personalize
`
`payment card applets (e.g. Visa card applets) by establishing an initial security channel with a
`
`security authentication module located on or behind the card-issuer’s payment server (e.g. a Visa
`
`TSP server), to install and configure the payment cards with the user’s personal information.
`
`11
`
`11 https://usa.visa.com/dam/VCOM/Media%20Kits/PDF/visa-security-tokenization-infographic.pdf
`
`20
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`

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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 21 of 39
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`45.
`
`The Accused Products further practice a method of creating a security channel on
`
`top of the initial security channel to protect subsequent operations of the card module with the e-
`
`purse SAM, wherein any subsequent transactions with the e-purse are conducted over the
`
`security channel. For example, on information and belief, an instance of the Visa Token Service
`
`and/or an associated SDK or client-side software operating on NFC-enabled phones configured
`
`with the Visa Token Service operates to establish operating keys, device account numbers,
`
`tokenized card information, and/or cryptograms with which subsequent communications (e.g.
`
`subsequent transactions with a personalized card applet) are protected.
`
`46.
`
`For example, Visa further directs and controls the actions of others, such as
`
`customers, users, NFC-enabled phone providers, and e-purse providers, to practice or otherwise
`
`satisfy each of the above elements. For example, Visa conditions receipt of the benefit of
`
`enabling NFC payments over Visa’s network on satisfying the claimed elements in a manner
`
`specified by Visa.
`
`47.
`
`Visa has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ‘855 Patent, as provided by 35 U.S.C. § 271(b), by inducing infringement by
`
`others, such as Visa’s customers and end-users, e-purse providers, and NFC-enabled phone
`
`providers, in this District and elsewhere in the United States. For example, Visa’s customers and
`
`end-users directly infringe, either literally or under the doctrine of equivalents, through their use
`
`of the inventions claimed in the ‘855 Patent. Visa induces this direct infringement through its
`
`affirmative acts of manufacturing, selling, distributing, and/or otherwise making available the
`
`Accused Products, and providing instructions, documentation, and other information to
`
`customers and end-users suggesting that they use the Accused Products in an infringing manner,
`
`including technical support, marketing, product manuals, advertisements, and online
`
`21
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`Case 6:22-cv-00697 Document 1 Filed 06/28/22 Page 22 of 39
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`documentation. Because of Visa’s inducement, Visa’s customers and end-users use Accused
`
`Products in a way Visa intends and directly infringe the ‘855 Patent. Visa performs these
`
`affirmative acts with knowledge of the ‘855 Patent and with the intent, or willful blindness, that
`
`the induced acts directly infringe the ‘855 Patent.
`
`48.
`
`Visa has indirectly infringed and continues to indirectly infringe one or more
`
`claims of the ‘855 Patent, as provided by 35 U.S.C. § 271(c), by contributing to direct
`
`infringement by others, such as customers and end-users, e-purse providers, and NFC-enabled
`
`phone providers, in this District and elsewhere in the United States. Visa’s affirmative acts of
`
`selling and offering to sell the Accused Products in this District and elsewhere in the United
`
`States and causing the Accused Products to be manufactured, used, sold and offered for sale
`
`contributes to others’ use and manufacture of the Accused Products such that the ‘855 Patent is
`
`directly infringed by others. The accused components within the Accused Pro