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Judge Gilstrap Affirms Two USAA Verdicts—Including Smaller Damage Award Challenged by Plaintiff

March 24, 2023

A Texas court has upheld two jury verdicts in cases brought by the United Services Automobile Association (USAA) against PNC Financial Services (PNC Bank). In one of those lawsuits, Eastern District of Texas Judge Rodney Gilstrap denied the defendant’s motion for a new trial on damages and infringement following a jury’s May 2022 verdict that awarded $218.5M in damages. The other rejected posttrial motion came from the plaintiff: USAA unsuccessfully fought to overturn a much lower verdict of $4.3M in a second suit against PNC, with Judge Gilstrap in part rejecting its arguments that the patent citation analysis presented to the jury by the defendant ran afoul of the patent damages statute.


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