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

Filing 677

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 636 Report and Recommendations. Signed by District Judge Rodney Gilstrap on 5/9/2022. (nkl, )

Case 2:20-cv-00319-JRG-RSP Document 677 Filed 05/09/22 Page 1 of 2 PageID #: 37661

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
Summary Judgment Dismissing PNC's Patent-Eligibility Defenses (“USAA’s Motion for
Summary Judgment”) (Dkt. No. 323) and Defendant PNC Bank N.A. (“PNC”) filed a Motion For
Summary Judgment Of Lack Of Patent Eligibility Under 35 U.S.C. § 101 (“PNC’s Motion for
Summary Judgment”) (Dkt. No. 322.) Magistrate Judge Payne entered a Report and
Recommendations and Order (Dkt. No. 636), recommending granting USAA’s Motion for
Summary Judgment and denying PNC’s Motion for Summary Judgment. As to the Order,
Magistrate Judge Payne entered an Order granting in part the Motion to Strike Portions of the
Opening Expert Report of Mark Webster (“Motion to Strike”) (Dkt. No. 310) filed by USAA. PNC
has filed objections to the Report and Recommendations and Order (Dkt. Nos. 656, 657).
After conducting a de novo review of the briefing on all three motions, the Report and
Recommendations and Order, and the briefing on PNC’s Objections, the Court agrees with the
reasoning provided within the Report and Recommendations and Order and concludes that the
Objections fail to show that the Report and Recommendations and Order were erroneous.
Consequently, the Court OVERRULES and PNC’s Objections (Dkt. Nos. 656, 657) and

Case 2:20-cv-00319-JRG-RSP Document 677 Filed 05/09/22 Page 2 of 2 PageID #: 37662

ADOPTS the Report and Recommendations and Order (Dkt. No. 636) and orders that USAA’s
Motion for Summary Judgment is GRANTED; PNC’s Motion for Summary Judgment is
DENIED; and the Motion to Strike is GRANTED IN PART.
So ORDERED and SIGNED this 9th day of May, 2022.

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RODNEY GILSTRAP
UNITED STATES DISTRICT JUDGE