This morning the Federal Circuit released two nonprecedential opinions and five nonprecedential orders. Both of the nonprecedential opinions came in patent cases on appeal from the Patent Trial and Appeal Board. Notably, both relate to patents being asserted by United Services Automobile Association (USAA) in separate litigation. Of the nonprecedential orders, one addresses a notice of non-participation in an appeal in a patent case and the other four dismiss appeals. Here are the introductions to the opinions and the order addressing the notice of non-participation in an appeal, as well as links to the dismissals.
United Services Automobile Association v. PNC Bank N.A. (Nonprecedential)
United Services Automobile Association (“USAA”) appeals a final written decision of the Patent Trial and Appeal Board (“Board”) in an inter partes review determining that all challenged claims of U.S. Patent No. 10,621,559 (“the ’559 patent”) are unpatentable. PNC Bank, N.A. v. United Servs. Auto. Ass’n, No. IPR2021-01077, 2023 WL 1077305 (P.T.A.B. Jan. 20, 2023) (“Final Written Decision”). We affirm.
United Services Automobile Association v. PNC Bank N.A. (Nonprecedential)
United Services Automobile Association (“USAA”) owns U.S. Patent No. 10,769,598 (the “’598 patent”). PNC Bank N.A. (“PNC”) petitioned for inter partes review (“IPR”) of claims 1–20 of the ’598 patent. The Patent Trial and Appeal Board (“Board”) issued a final decision determining that claims 1 and 8–20 were unpatentable and that PNC had not shown claims 2–7 to be unpatentable. See PNC Bank N.A. v. United Servs. Auto. Ass’n, No. IPR2022- 00065, at 69 (P.T.A.B. May 10, 2023) (“Decision”). USAA appeals the Board’s determination as to claims 1 and 8–20, and PNC cross-appeals the Board’s determination as to claims 2–7. We affirm as to USAA’s appeal and reverse as to PNC’s cross-appeal.
In re Staton Techiya, LLC (Nonprecedential Order)
Upon consideration of the notice of non-participation filed by Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. (collectively, “Samsung”) in these appeals from the Patent Trial and Appeal Board, ECF No. 45, and the parties’ joint stipulation of voluntary dismissal of Samsung’s cross-appeal, Appeal No. 2023-2421, pursuant to Federal Rule of Appellate Procedure 42(b), ECF No. 44,
IT IS ORDERED THAT:
(1) Appeal No. 2023-2421 is dismissed. The revised official caption and short caption for the remaining appeal, Appeal No. 2023-2388, are reflected in this order.
(2) Each side shall bear its own costs as to Appeal No. 2023-2421.
(3) Samsung’s principal and response brief (ECF No. 19), Staton Techiya, LLC’s response and reply brief (ECF No. 20), Samsung’s reply brief (ECF No. 23), and the joint appendix (ECF No. 26) will not be transmitted to the merits panel assigned to Appeal No. 2023-2388.
(4) Staton Techiya’s principal brief (ECF No. 14) shall be transmitted to the merits panel.
(5) The United States Patent and Trademark Office (PTO) is directed to inform this court within 30 days of the date of entry of this order whether the PTO will participate in Appeal No. 2023-2388.
(6) If the PTO elects to participate as intervenor, its docketing statement is due within 14 days after its notice of election to intervene, and its brief is due within 40 days after its notice of election to intervene. Staton Techiya will have 21 days after the filing of the PTO’s brief to file a replacement reply brief and seven days thereafter to file a replacement joint appendix.
(7) If the PTO elects not to intervene, Staton Techiya is directed to file a replacement appendix, containing only the material cited in its principal brief, within seven days of the PTO’s election.
(8) The Clerk of Court shall transmit a copy of this order to the merits panel assigned to Appeal No. 2023-2388