PNC Can’t Scrap USAA’s $218 Million Banking Patent Verdict (1)

PNC Bank can’t toss a $218 million patent-infringement verdict against it over allegations that United Services Automobile Association’s litigation of its mobile banking technology was flawed, an East Texas judge ruled Friday.

Judge Rodney Gilstrap shot down PNC’s assertions that USAA improperly changed the scope of claims for patents involved in the trial, which could’ve helped PNC escape liability under what’s known as the prosecution history estoppel defense. The defense is supposed to prevent a patent holder from jettisoning certain claims to secure a patent and later asserting more expansive applications.

PNC tried to argue that patent amendments, including one ...