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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.17-350
Op. BelowFed. Cir.

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."

Proceedings & orders timeline

Sep 4, 2017
Petition for a writ of certiorari filed. (Response due October 10, 2017)
Sep 29, 2017
Waiver of right of respondent Secure Axcess LLC to respond filed.
Oct 4, 2017
Respondents amended Rule 29.6 Corporate Disclosure Statement received.
Oct 9, 2017
Brief amicus curiae of The Clearing House Payments Company, L.L.C. filed.
Oct 11, 2017
DISTRIBUTED for Conference of 10/27/2017.
Oct 12, 2017
Response Requested. (Due November 13, 2017)
Nov 13, 2017
Brief of respondent Secure Axcess LLC in opposition filed.
Nov 29, 2017
DISTRIBUTED for Conference of 1/5/2018.
Nov 29, 2017
Reply of petitioners PNC Bank National Association, et al. filed. (Distributed)
Apr 24, 2018
DISTRIBUTED for Conference of 4/27/2018.
May 7, 2018
DISTRIBUTED for Conference of 5/10/2018.
May 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.
Jun 15, 2018
JUDGMENT ISSUED.

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