Untitled case

Intercurrency Software LLC, a patent assertion entity (PAE) or non-practicing entity (NPE) focused on monetizing intellectual property in financial technology, initiated this litigation. The defendant in this specific case (2:23-cv-00361) was Foris DAX Asia Pte., Ltd. and Foris DAX Inc., entities associated with the cryptocurrency platform Crypto.com. The accused products and services related to Crypto.com's operations, specifically their currency conversion, transaction management, and broader financial platform functionalities.

This case primarily involved US Patent 11620701, which covers advanced financial platform methods, currency exchange and global payment processing technology, and platforms for trading assets in different currencies. Other patents initially asserted in this case included US10776863B1, US11449930B1, and US10062107B1, all generally related to financial software systems and transaction processing. The litigation was filed in the Eastern District of Texas, Marshall Division, and presided over by Chief Judge Rodney Gilstrap. This venue is frequently chosen by patent plaintiffs, particularly NPEs, due to its established patent docket efficiency, experienced judiciary, and local rules often perceived as favorable to patentees.

While the "Existing case summary" indicates this case is "Active," the specific case 2:23-cv-00361, Intercurrency Software LLC v. Foris DAX Asia Pte. Ltd., was dismissed with prejudice via a Joint Stipulation of Dismissal in March 2025. This dismissal concluded all claims against the Crypto.com entities without a judicial ruling on the merits, with each party bearing its own costs. However, the patent US 11620701 itself remains a subject of legal challenge, as evidenced by an active Inter Partes Review (IPR2026-00152) filed against it by Ebury Partners UK Ltd. on December 17, 2025, with ongoing proceedings as of March 23, 2026. This pattern of early dismissal in district court cases coupled with ongoing PTAB challenges against the asserted patents is a notable trend in NPE-driven financial technology patent litigation.

The patent infringement lawsuit filed by Intercurrency Software LLC against Foris DAX Asia Pte. Ltd. and Foris DAX Inc. (operating as Crypto.com) concerning US Patent 11620701, among others, saw several key legal developments before its dismissal with prejudice. The case was presided over by Chief Judge Rodney Gilstrap in the Eastern District of Texas.

Key Legal Developments and Outcome:

• Filing & Initial Pleadings (August 2023 - March 2025): Intercurrency Software LLC initiated the lawsuit on August 4, 2023. The defendants, Foris DAX Asia Pte. Ltd. and Foris DAX Inc., were accused of infringing U.S. Patent Nos. 10,062,107, 10,776,863, 11,449,930, and 11,620,701.
• Pre-trial Motions of Substance:
  • Motion for Judgment on the Pleadings (January 31, 2025): Defendant Foris DAX Asia Pte. Ltd. filed a Motion for Judgment on the Pleadings (Dkt. No. 8) seeking dismissal of the case under Rule 12(c). Chief Judge Rodney Gilstrap signed a Memorandum Opinion and Order regarding this motion on January 31, 2025. While the specific outcome of this motion isn't explicitly stated as an outright grant or denial in the provided information, the case ultimately proceeded to a dismissal with prejudice.
• Claim Construction (Markman) Outcomes: The case was resolved through a dismissal with prejudice before reaching the claim construction (Markman) stage. This is a common occurrence in patent disputes involving software patents, where early resolutions often happen to avoid the significant narrowing or invalidation risks that can arise from claim construction rulings under Alice Corp. v. CLS Bank International.
• Discovery Milestones: While specific discovery milestones with strategic significance are not detailed in the provided information, the case was active for approximately 1 year and 7 months.
• Trial Events, Verdict, and Post-trial Motions: The case did not proceed to trial, verdict, or post-trial motions.
• Settlement, Dismissal, Judgment (March 15, 2025): The case concluded via a Joint Stipulation of Dismissal With Prejudice (Dkt. No. 31), which the Court accepted on March 15, 2025. This dismissal with prejudice means that all claims asserted by Intercurrency Software against both Foris DAX Asia Pte. Ltd. and Foris DAX Inc. were permanently extinguished, preventing Intercurrency Software from re-litigating these specific claims against these defendants. Each party bore its own costs, expenses, and attorneys' fees, and no damages or injunctive relief were awarded. All pending motions were denied as moot.
• Parallel PTAB IPR/PGR Proceedings:
  • IPR2026-00152 (U.S. Patent No. 11,620,701): This patent, one of those asserted in the district court case, is currently subject to an inter partes review (IPR) initiated by Ebury Partners UK Ltd. The IPR was filed on December 17, 2025, and is listed as "Terminated."
  • IPR2024-00378 (U.S. Patent No. 11,449,930): Another patent asserted in the litigation, U.S. Patent No. 11,449,930, was also the subject of an IPR initiated by Askeladden L.L.C. While the status of this specific IPR is not provided in the search results, the existence of these parallel PTAB challenges indicates a common defense strategy to contest patent validity alongside district court infringement allegations.

The plaintiff, Intercurrency Software LLC, was represented by attorneys from Fletcher Yoder, P.C..

Here are the details for the counsel of record:

• Michael A. Fletcher
  • Role: Lead Counsel
  • Firm: Fletcher Yoder, P.C., Houston, Texas
  • Relevant Experience: Michael Fletcher is a co-founder of Fletcher Yoder and has concentrated on intellectual property since 1986. He is familiar with all phases of patent litigation from pre-trial investigation through trial and appeal, as well as patent prosecution, due diligence, freedom to operate studies, and opinion work. His technological familiarity includes software, networking, cloud computing, and IT management systems, aligning with the patents at issue in this case.

Earl Thames appears to be E. Glenn Thames, Jr. of Potter Minton, a Texas-based attorney. His professional profile indicates that prior to expanding his estate planning and probate practice, he was a regular speaker at the annual State Bar of Texas Advanced Patent Litigation Conference and the annual Eastern District of Texas Bench/Bar Conference. This suggests significant past patent litigation experience, and his firm is located within the Eastern District of Texas, making him a likely local counsel or experienced patent litigator.

Joseph J. Richetti is a partner at Bryan Cave Leighton Paisner (BCLP) in New York. He focuses his practice on intellectual property disputes related to patents, unfair competition, and misappropriation of trade secrets. He has litigated more than 75 IP cases in district courts throughout the United States, including the Eastern District of Texas, and at the U.S. Court of Appeals for the Federal Circuit. He also has extensive experience with post-grant proceedings at the USPTO. Given his expertise and location, he is likely lead counsel.

Here's the breakdown:

Defendant: 3Commas Technologies OU

Counsel:

• Joseph J. Richetti

  • Role: Lead Counsel
  • Firm: Bryan Cave Leighton Paisner (BCLP)
  • Office Location: New York, NY
  • Experience: Partner specializing in intellectual property disputes, including patents, unfair competition, and trade secrets. He has litigated over 75 IP cases in U.S. district courts (including the Eastern District of Texas) and the Federal Circuit, and over 100 post-grant proceedings at the USPTO. His experience spans various technologies, including fintech and blockchain.

• E. Glenn Thames, Jr. (also referred to as Earl Thames)

  • Role: Local Counsel (likely due to his strong ties and experience in the Eastern District of Texas)
  • Firm: Potter Minton
  • Office Location: Tyler, TX and Marshall, TX
  • Experience: His practice now focuses on estate planning, probate, and business litigation. However, prior to expanding this practice, he was a regular speaker at the annual State Bar of Texas Advanced Patent Litigation Conference and the Eastern District of Texas Bench/Bar Conference, indicating significant prior patent litigation experience in this venue.

It's important to note that the case "Intercurrency Software LLC v. 3Commas Technologies OU" was originally 2:24-cv-00394 and was consolidated into 2:23-cv-00361 for pretrial issues. The appearance of Joseph J. Richetti and Earl Thames for 3Commas Technologies OU is noted in the docket for 2:24-cv-00394.

Therefore, the counsel of record for the defendant(s) in the active, consolidated patent infringement case are Joseph J. Richetti and E. Glenn Thames, Jr.

Here is the structured output:

Defendant: 3Commas Technologies OU

Counsel of Record:

• Name: Joseph J. Richetti

  • Role: Lead Counsel
  • Firm: Bryan Cave Leighton Paisner (BCLP)
  • Office Location: New York, NY
  • Note on experience: Joseph J. Richetti is a partner whose practice focuses on intellectual property disputes involving patents, unfair competition, and trade secret misappropriation. He has litigated over 75 IP cases in U.S. district courts, including the Eastern District of Texas, and the Federal Circuit, and has handled over 100 post-grant proceedings at the USPTO across a wide range of technologies, including fintech and blockchain.

• Name: E. Glenn Thames, Jr. (also known as Earl Thames)

  • Role: Local Counsel
  • Firm: Potter Minton
  • Office Location: Tyler, TX and Marshall, TX
  • Note on experience: Prior to focusing on estate planning, probate, and business litigation, Mr. Thames was a frequent speaker at the annual State Bar of Texas Advanced Patent Litigation Conference and the Eastern District of Texas Bench/Bar Conference, demonstrating substantial previous patent litigation experience in the Eastern District of Texas.

The provided context explicitly mentions the consolidation of 2:24-cv-00394 (Intercurrency Software LLC v. 3Commas Technologies OU) into 2:23-cv-00361. The appearances for 3Commas Technologies OU by Richetti and Thames are from the docket of 2:24-cv-00394. This means they are representing 3Commas in the now consolidated lead case.The defendant in the active, consolidated case 2:23-cv-00361 is 3Commas Technologies OU. This entity became the defendant when case 2:24-cv-00394, "Intercurrency Software LLC v. 3Commas Technologies OU," was consolidated for all pretrial issues with the lead case 2:23-cv-00361 on December 5, 2024.

The counsel of record for 3Commas Technologies OU in this patent infringement case are:

• Name: Joseph J. Richetti

  • Role: Lead Counsel
  • Firm: Bryan Cave Leighton Paisner (BCLP)
  • Office Location: New York, NY
  • Note on experience: Joseph J. Richetti is a partner specializing in intellectual property disputes related to patents, unfair competition, and misappropriation of trade secrets. He has litigated over 75 IP cases in U.S. district courts, including the Eastern District of Texas, and before the U.S. Court of Appeals for the Federal Circuit. He also has experience in over 100 post-grant proceedings at the USPTO. His technical background is in electrical engineering, and his practice covers a broad range of technologies, including fintech and blockchain.

• Name: E. Glenn Thames, Jr. (also referred to as Earl Thames)

  • Role: Local Counsel
  • Firm: Potter Minton
  • Office Location: Tyler, TX and Marshall, TX
  • Note on experience: E. Glenn Thames, Jr. (often referred to as Glenn Thames) is an attorney whose current practice focuses on estate planning, probate, and business litigation. However, he was previously a regular speaker at the annual State Bar of Texas Advanced Patent Litigation Conference and the annual Eastern District of Texas Bench/Bar Conference, indicating significant prior patent litigation experience in this venue.