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PNC Bank announced today that it has urged the U.S. Supreme Court to decline review of a Federal Circuit decision that overturned a $218 million patent infringement verdict in favor of USAA. The bank emphasized that the certiorari petition filed by USAA earlier this month should be rejected, disputing claims that the Federal Circuit is allowing inconsistent outcomes in similar cases.

USAA previously secured infringement verdicts against both PNC Bank and Wells Fargo based on patents covering mobile check depositing. While Wells Fargo’s challenge to the patents at the Patent Trial and Appeals Board (PTAB) was unsuccessful, PNC’s challenge led to the patents’ invalidation. The Federal Circuit subsequently upheld the reversal of the PNC jury verdict.

PNC maintains that there was no disparate treatment in the proceedings, noting that the two PTAB cases involved “different prior art, different arguments, and different evidence,” which justified distinct outcomes. “No circuit split exists, and the Federal Circuit correctly concluded that this case was unlike the previous case,” the bank said.

If the Supreme Court declines to review the case, the June ruling that invalidated the $218 million USAA verdict, along with a related $4.3 million verdict, will remain in effect.

USAA’s cert petition contends that the Federal Circuit’s decision permits government agencies to issue contradictory rulings without explanation. PNC countered, stating that USAA’s petition does not challenge the PTAB or Federal Circuit’s analysis of obviousness and that prior findings from a separate case involving Wells Fargo do not bind the proceedings in PNC’s challenge.

The patents at issue are U.S. Patent Nos. 8,977,571 and 8,699,779. USAA is represented by Goodwin Procter LLP and Irell & Manella LLP, while PNC is represented by WilmerHale.