FaceTec objects to Jumio’s replacement law firm in liveness IP dispute

FaceTec is not saying Jumio can’t have legal representation in a dispute over IP for biometric liveness detection, just not the firm it had before, or the replacement it has chosen.

The 3D face biometrics developer has filed a motion opposing Jumio’s selection of a replacement for Perkins Coie, after the law firm was disqualified and Jumio was ordered by the court to replace it.

The law suit stems from an alleged patent violation by iProov, and the use of iProov’s biometric liveness detection by Jumio after it switched from using FaceTec’s ZoOm.

Jumio has requested a status conference to name Morrison Foerster as its representation.

But the firm is not “new,” FaceTec argues. Instead, FaceTec describes Morrison Foerster in the motion as “Perkins previous co-counsel,” alleging it represented Jumio in the same case for “approximately two months.”

Morrison Foerster Partner Kenneth Kuwayti approached FaceTec’s representation in June, 2024 in his capacity as Jumio’s lead counsel in arbitration. He told FaceTec’s lawyer that he was representing Jumio in requesting an extension to respond to the litigation, and that his firm was awaiting a decision from Jumio on whether it would represent the biometrics provider at trial. Two other attorneys with Morrison Foerster also appeared as Jumio counsel before Perkins arrived on the scene in August.

The Answer and Counterclaims filed by Jumio on August 23, 2024 listed both law firms.

FaceTec says Jumio did not meet or confer with it prior to filing its administrative motion, according to the court document, and has not complied with the court order.

“Jumio here plainly seeks to rely on the abbreviated administrative motion procedures to improperly hamstring FaceTec’s ability to properly raise this issue to the Court through a properly noticed motion and supporting briefing,” the filing by FaceTec (shared by Bloomberg Law) states.

FaceTec is seeking a “properly briefed motion” and an extension of the disqualification to include Morrison Foerster.

Article Topics

biometric liveness detection  |  biometrics  |  FaceTec  |  Jumio  |  Jumio Liveness  |  lawsuits  |  patents