WilmerHale achieved a significant victory on behalf of client PNC Bank N.A. (PNC) when the Patent Trial and Appeal Board (PTAB) invalidated all challenged claims in three mobile-banking patents owned by United Services Automobile Association (USAA), including all asserted claims in one of USAA’s patents behind a recent $218.5 million jury verdict of infringement against PNC’s mobile banking app.
PNC said that it will use the PTAB rulings to attack the jury verdict, because the jury’s verdict sheet did not specify which asserted claim or patent was infringed. Because the jury’s verdict may have been based on one of the now invalidated patents, PNC contends that the $218.5 million verdict cannot stand.
Greg Lantier, Andrew Danford, Monica Grewal, David Cavanaugh, Derek Gosma, R. Gregory Israelsen, Scott Bertulli, Jonathan Knight, Alex Nemtzow, Amy Mahan and Phuc Do represented PNC in the matters.
The PTAB proceedings are IPRs 2021-01070, 2021-01073, and 2021-01077 challenging U.S. Patent Nos. 8,699.779, 8,977,571, and 10,621,559, respectively. The district court case is USAA v. PNC, 2:20-cv-00319 (EDTX).