United Services automobile association v. PNC Bank N.A., No. 2:20-cv-00319 (E.D. Tex. May 9, 2022)

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

2.

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.

RODNEY GILSTRAP

UNITED STATES DISTRICT JUDGE