PNC has also directly appealed the verdict, leading to a November Federal Circuit hearing in which Judge Timothy Dyk criticized both parties for a lack of clarity on the final judgment issues. That case has since been remanded to Judge Gilstrap, whose latest ruling PNC has signaled it will appeal again.
Additional USAA Patent Dispute Also Impacted
Beyond the $218.45 million verdict, USAA had secured a separate $4.3 million jury award against PNC in the same East Texas court over different patents. However, Federal Circuit judges last month upheld PTAB rulings that invalidated claims in those patents as well, further complicating USAA’s litigation strategy.
Judicial Panel and Legal Representation
The Federal Circuit panel presiding over the case included Judges Timothy Dyk, Sharon Prost, and Tiffany Cunningham.
Attorneys Representing the Parties
- USAA: Represented by William Jay, David Zimmer, and Rohiniyurie Tashima of Goodwin Procter LLP, along with Lisa Glasser, Tony Rowles, Stephen Payne, and Jason Sheasby of Irell & Manella LLP.
- PNC: Represented by Mark Fleming, Monica Grewal, Sarah Petty, Alexander Nemtzow, Amy Mahan, Gregory Lantier, Andrew Danford, R. Gregory Israelsen, and David Cavanaugh of WilmerHale.
Conclusion
The Federal Circuit’s ruling deals a significant setback to USAA’s ongoing patent enforcement efforts, particularly in its dispute with PNC. With appeals still pending, the fate of the $218.45 million jury verdict remains uncertain. However, the PTAB’s findings—now backed by the appellate court—will likely have a lasting impact on the future of USAA’s patent litigation strategy.
