During oral arguments last month, USAA attorney William Jay of Goodwin Procter LLP contended that the Wells Fargo petitions had involved “materially indistinguishable facts.” However, Judge Prost pushed back, emphasizing that the Wells Fargo decision relied on a different evidentiary record and distinct prior art references.
Impact on USAA’s $218M Verdict Against PNC
One of the patents at issue had been central to USAA’s 2022 jury victory against PNC, which resulted in the $218.45 million damages award—a verdict later upheld by U.S. District Judge Rodney Gilstrap. The second patent was dropped before trial.
Monday’s ruling treats both patents identically, with Judge Prost stating that “the relevant sections of the IPRs are almost identical” and that the same legal analysis applies to both.
In response to the 2023 PTAB rulings, a PNC spokesperson told Law360 that the jury’s $218.5 million verdict cannot stand since some of the invalidated claims were part of the original infringement allegations.
