United Services Automobile Association v. PNC Bank N.A.

Filing 661

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 592 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 5/6/2022. (nkl, )

Case 2:20-cv-00319-JRG-RSP Document 661 Filed 05/06/22 Page 1 of 2 PageID #: 37540

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
UNITED SERVICES AUTOMOBILE
ASSOCIATION,
v.

Plaintiff,

PNC BANK N.A.,
Defendant.

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CASE NO. 2:20-CV-00319-JRG-RSP

ORDER
Plaintiff United Services Automobile Association (“USAA”) previously filed a Motion for
Partial Summary Judgment that PNC's Mobile App Version 4.20.1 Is Not a Non-Infringing
Alternative (“USAA’s Motion for Summary Judgment”) (Dkt. No. 326) and Defendant PNC Bank
N.A. (“PNC”) filed a Motion For Partial Summary Judgment Of Noninfringement Regarding
Version 4.20.1 Of The PNC Mobile App (“PNC’s Motion for Summary Judgment”) (Dkt. No.
319.) Magistrate Judge Payne entered a Report and Recommendations and Order (Dkt. No. 592),
recommending denial of USAA’s Motion for Summary Judgment and granting in part, denying
in part PNC’s Motion for Summary Judgment. As to the Order, Magistrate Judge Payne
entered an Order granting in part, denying in part the Motion to Strike Expert Report of
Alan C. Bovik (“Motion to Strike”) (Dkt. No. 307) filed by USAA. Both USAA and PNC have
filed objections to the Report and Recommendations and Order: USAA’s Objections are found
at Dkt. No. 634 and PNC Objections are found at Dkt. Nos. 625, 626, 627.
After conducting a de novo review of the briefing on all three motions, the Report
and Recommendations and Order, and the briefing on USAA’s and PNC’s Objections, the Court
agrees with the reasoning provided within the Report and Recommendations and the Order and
concludes that the Objections fail to show that the Report and Recommendations and the Order

Case 2:20-cv-00319-JRG-RSP Document 661 Filed 05/06/22 Page 2 of 2 PageID #: 37541

were erroneous. Consequently, the Court OVERRULES USAA’s and PNC’s Objections and
ADOPTS the Report and Recommendations and Order (Dkt. No. 592) and orders that USAA’s
Motion for Summary Judgment is DENIED; PNC’s Motion for Summary Judgment is
GRANTED IN PART, DENIED IN PART; and the Motion to Strike is GRANTED IN
PART, DENIED IN PART.

So Ordered this
May 6, 2022