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PNC Bank National Association v. Secure Axcess, LLC

Petition granted, and judgment vacated as moot on May 14, 2018.
Docket No. Op. Below Argument Opinion Vote Author Term
17-350 Fed. Cir. N/A N/A N/A N/A OT 2017

Issues: (1) Whether the U.S. Court of Appeals for the Federal Circuit’s judgment should be vacated and remanded with instructions to dismiss the appeal as moot, in accordance with United States v. Munsingwear, Inc., when the claims of the challenged patent are invalid, and there is no longer a live case or controversy between petitioners and respondent; and (2) whether, if the case is not moot, the lower court erred in holding that the statutory definition of a patent eligible for covered business method review requires that the claims of the patent expressly include a “financial activity element”—in other words, that the claim have no use outside of financial activity—rather than making covered business method review available for patents that claim “a method or corresponding apparatus for performing data processing or other operations used in the practice, administration, or management of a financial product or service.”

DateProceedings and Orders (key to color coding)
Sep 04 2017Petition for a writ of certiorari filed. (Response due October 10, 2017)
Sep 29 2017Waiver of right of respondent Secure Axcess LLC to respond filed.
Oct 04 2017Respondents amended Rule 29.6 Corporate Disclosure Statement received.
Oct 09 2017Brief amicus curiae of The Clearing House Payments Company, L.L.C. filed.
Oct 11 2017DISTRIBUTED for Conference of 10/27/2017.
Oct 12 2017Response Requested. (Due November 13, 2017)
Nov 13 2017Brief of respondent Secure Axcess LLC in opposition filed.
Nov 29 2017DISTRIBUTED for Conference of 1/5/2018.
Nov 29 2017Reply of petitioners PNC Bank National Association, et al. filed. (Distributed)
Apr 24 2018DISTRIBUTED for Conference of 4/27/2018.
May 07 2018DISTRIBUTED for Conference of 5/10/2018.
May 14 2018The petition for a writ of certiorari is granted. The judgment is vacated as moot, and the case is remanded to the United States Court of Appeals for the Federal Circuit with instructions to remand the case to the Patent Trial and Appeal Board to vacate the Board's order. See United States v. Munsingwear, Inc., 340 U. S. 36 (1950). Justice Alito took no part in the consideration or decision of this petition.