PNC Bank National Association v. Secure Axcess, LLC
Petition granted, and judgment vacated as moot on May 14, 2018.
Issue: (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."
Date | Proceedings and Orders |
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09/04/2017 | Petition for a writ of certiorari filed. (Response due October 10, 2017) |
09/29/2017 | Waiver of right of respondent Secure Axcess LLC to respond filed. |
10/04/2017 | Respondents amended Rule 29.6 Corporate Disclosure Statement received. |
10/09/2017 | Brief amicus curiae of The Clearing House Payments Company, L.L.C. filed. |
10/11/2017 | DISTRIBUTED for Conference of 10/27/2017. |
10/12/2017 | Response Requested. (Due November 13, 2017) |
11/13/2017 | Brief of respondent Secure Axcess LLC in opposition filed. |
11/29/2017 | DISTRIBUTED for Conference of 1/5/2018. |
11/29/2017 | Reply of petitioners PNC Bank National Association, et al. filed. (Distributed) |
04/24/2018 | DISTRIBUTED for Conference of 4/27/2018. |
05/07/2018 | DISTRIBUTED for Conference of 5/10/2018. |
05/14/2018 | The 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. |
06/15/2018 | JUDGMENT ISSUED. |