Intercurrency Software vs. Crypto.com: Dismissal in Fintech Patent Dispute
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📋 Case Summary
| Case Name | Intercurrency Software LLC v. Foris DAX Asia Pte., Ltd. |
| Case Number | 2:23-cv-00361 (E.D. Tex.) |
| Court | Eastern District of Texas, Chief Judge Rodney Gilstrap |
| Duration | Aug 2023 – Mar 2025 1 year 7 months |
| Outcome | Dismissed with Prejudice |
| Patents at Issue | |
| Accused Products | Crypto.com’s trading platforms and systems |
Case Overview
The Parties
⚖️ Plaintiff
A patent assertion entity (PAE) holding software-related patents directed at financial transaction and currency exchange technologies.
🛡️ Defendant
Singapore-incorporated entity associated with Foris DAX Inc., collectively operating the Crypto.com platform.
The Patents at Issue
This case involved four U.S. patents relating to software architectures governing currency conversion, transaction management, and financial platform operations:
- • US10776863B1 — Financial software systems
- • US11449930B1 — Financial transaction processing
- • US10062107B1 — Currency exchange and transaction systems
- • US11620701B1 — Advanced financial platform methods
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The Verdict & Legal Analysis
Outcome
The case concluded via Joint Stipulation of Dismissal With Prejudice (Dkt. No. 31), accepted by the Court. All claims asserted by Intercurrency Software against both Foris DAX Asia Pte., Ltd. and Foris DAX Inc. were dismissed. Critically, each party was ordered to bear its own costs, expenses, and attorneys’ fees — a standard provision in stipulated dismissals that forecloses fee-shifting motions under 35 U.S.C. § 285. No damages were awarded. No injunctive relief was granted. All pending motions were denied as moot.
Verdict Cause Analysis
The dismissal with prejudice is the operative legal event. While no judicial findings on validity or infringement were issued, several strategic dynamics merit analysis:
- Unlike a dismissal without prejudice, a with-prejudice dismissal permanently extinguishes the asserted claims against these defendants. Intercurrency Software cannot re-litigate these four patents against Foris DAX entities on these same claims. This represents a complete resolution, even absent a damages award.
- The mutual cost-bearing provision is a signal. In cases where defendants extract licensing agreements or plaintiffs receive compensation, fee arrangements typically differ. The “each party bears its own costs” structure most often reflects either a confidential license/settlement payment occurring outside the court record, or a plaintiff’s decision to abandon claims — potentially after evaluating the strength of the defendant’s invalidity positions or non-infringement arguments.
This case does not produce a precedential ruling. However, it contributes to the observable pattern of fintech and cryptocurrency patent assertions reaching resolution before claim construction — a critical juncture where patents covering broad software methods often face significant narrowing or invalidation risk under *Alice Corp. v. CLS Bank International* (134 S. Ct. 2347 (2014)) and its progeny.
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⚠️ Freedom to Operate (FTO) Analysis
This case highlights critical IP risks in fintech and cryptocurrency platform design. Choose your next step:
📋 Understand This Case’s Impact
Learn about the specific risks and implications from this litigation.
- View the 4 patents asserted in this technology space
- See which legal counsel are active in fintech patent assertions
- Understand PAE litigation patterns and settlement dynamics
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High Risk Area
Software for financial transactions and currency exchange
4 Patents Asserted
Against Crypto.com platforms
Resolved for Defendant
Dismissal with prejudice
✅ Key Takeaways
For Patent Attorneys
Dismissal with prejudice and mutual cost-bearing often indicates a negotiated resolution outside the court record.
Search related case law →The Eastern District of Texas remains a strategically valuable venue for patent plaintiffs despite evolving § 101 risks for software patents.
Explore EDTX litigation trends →For IP Professionals & R&D Teams
Monitor PAE activity in the fintech and cryptocurrency space; legacy software patents are actively asserted against modern crypto infrastructure.
Monitor PAE portfolios →FTO reviews for cryptocurrency platform features should include analysis of older financial software patent families (e.g., pre-2010 applications).
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📑 Table of Contents
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