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

Filing 662

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 621 Report and Recommendations, 622 Report and Recommendations, 620 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 5/6/2022. (nkl, )

Case 2:20-cv-00319-JRG-RSP Document 662 Filed 05/06/22 Page 1 of 2 PageID #: 37542

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

v.

PNC BANK N.A.,
Defendant.

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

ORDER
Before the Court are five motions for summary judgment:
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Motion for Partial Summary Judgment of No Willful Infringement Prior to
November 2019 filed by Defendant PNC Bank N.A. (“PNC”), Dkt. No. 312;
Motion for Summary Judgment Regarding PNC’s Affirmative Defense of Unclean
Hands filed by Plaintiff United Services Automobile Association (“USAA”), Dkt.
No. 321;
Motion for Partial Summary Judgment That the USPTO Allowed the ‘605 and ‘681
Patents to Claim a Priority Date of October 31, 2006 filed by USAA, Dkt. No. 328;
Motion for Summary Judgment of Lack of Enablement Under 35 U.S.C. § 112(1)
filed by PNC, Dkt. No. 318;
Motion for Summary Judgment That Deposit@Mobile Practices the ‘571, ‘605, and
‘681 Patents filed by USAA, Dkt. No. 327.

On April 29, 2022, Magistrate Judge Payne entered Report and Recommendations (Dkt. No. 620),
recommending denial of PNC’s Motion for Summary Judgment (Dkt. No. 312) and denial of
USAA’s Motions for Summary Judgment (Dkt. Nos. 321, 328). Also on April 29, 2022, Magistrate
Judge Payne entered a Report and Recommendation (Dkt. No. 621), recommending
denying PNC’s Motion for Summary Judgement of Lack of Enablement (Dkt. No. 318).
Finally, on May 1, Magistrate Judge Payne entered a Report and Recommendation (Dkt. No.
622) recommending denial of USAA’s Motion for Summary Judgement concerning USAA’s
Deposit@Mobile (Dkt. No. 327). USAA has filed Objections to Magistrate Judge Payne’s
recommendation regarding the Deposit@Mobile (Dkt. No. 651) and Magistrate Judge Payne’s

Case 2:20-cv-00319-JRG-RSP Document 662 Filed 05/06/22 Page 2 of 2 PageID #: 37543

recommendation regarding unclean hands (Dkt. No. 652). Neither party objects to the other
Report and Recommendations.
After conducting a de novo review of the briefing on the Motions for Summary Judgement
(Dkt. Nos. 321, 327), the Report and Recommendations, and the briefing on USAA’s Objections,
the Court agrees with the reasoning provided within the Report and Recommendations and
concludes that the Objections fail to show that the Report and Recommendations were erroneous.
Consequently, the Court OVERRULES USAA’s Objections and ADOPTS the Report and
Recommendations (Dkt. Nos. 620, 621, 622). Because neither party filed objections as to the other
motions for summary judgment, the Court ORDERS as follows:
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Motion for Partial Summary Judgment of No Willful Infringement Prior to
November 2019 filed by PNC (Dkt. No. 312) is DENIED;
Motion for Summary Judgment Regarding PNC’s Affirmative Defense of Unclean
Hands filed by USAA (Dkt. No. 321) is DENIED;
Motion for Partial Summary Judgment That the USPTO Allowed the ‘605 and ‘681
Patents to Claim a Priority Date of October 31, 2006 filed by USAA (Dkt. No. 328)
is DENIED;
Motion for Summary Judgment of Lack of Enablement Under 35 U.S.C. § 112(1)
filed by PNC (Dkt. No. 318) is DENIED;
Motion for Summary Judgment That Deposit@Mobile Practices the ‘571, ‘605, and
‘681 Patents filed by USAA (Dkt. No. 327) is DENIED.

So Ordered this
May 6, 2022