Visa Inc. v. Universal Secure Registry, LLC ( 2021 )


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  • Case: 20-1662    Document: 53     Page: 1   Filed: 08/27/2021
    NOTE: This disposition is nonprecedential.
    United States Court of Appeals
    for the Federal Circuit
    ______________________
    VISA INC., VISA U.S.A. INC., APPLE INC.,
    Appellants
    v.
    UNIVERSAL SECURE REGISTRY, LLC,
    Appellee
    ______________________
    2020-1662
    ______________________
    Appeal from the United States Patent and Trademark
    Office, Patent Trial and Appeal Board in No. IPR2018-
    01350.
    ______________________
    Decided: August 27, 2021
    ______________________
    MATTHEW A. ARGENTI, Wilson, Sonsini, Goodrich &
    Rosati, PC, Palo Alto, CA, argued for all appellants. Ap-
    pellants Visa Inc., Visa U.S.A. Inc. also represented by
    MICHAEL T. ROSATO, Seattle, WA.
    MARK D. SELWYN, Wilmer Cutler Pickering Hale and
    Dorr LLP, Palo Alto, CA, for appellant Apple Inc. Also rep-
    resented by BRITTANY BLUEITT AMADI, Washington, DC;
    MARK CHRISTOPHER FLEMING, MONICA GREWAL, Boston,
    MA.
    Case: 20-1662        Document: 53       Page: 2   Filed: 08/27/2021
    2                   VISA INC.   v. UNIVERSAL SECURE REGISTRY, LLC
    CHRISTOPHER MATHEWS, Quinn Emanuel Urquhart &
    Sullivan, LLP, Los Angeles, CA, argued for appellee. Also
    represented by TIGRAN GULEDJIAN.
    ______________________
    Before NEWMAN, PROST *, and TARANTO, Circuit Judges.
    PER CURIAM.
    The patent at issue in this appeal is 
    U.S. Patent No. 8,856,539,
     owned by Universal Secure Registry LLC (USR).
    Visa filed a petition for an inter partes review, challenging
    several claims of the ’539 patent before the Patent Trial
    and Appeal Board, which instituted the requested review
    and eventually issued a final written decision that Visa had
    not shown the challenged claims to be unpatentable. In
    another case, we have affirmed a district court’s judgment
    that all claims of the ’539 patent are patent ineligible. Uni-
    versal Secure Registry LLC v. Apple Inc., No. 20-2044 (Fed.
    Cir. Aug. 26, 2021). Therefore, as the parties agreed at oral
    argument, this appeal involving the ’539 patent is now
    moot. Apple Inc. v. Voip-Pal.com, Inc., 
    976 F.3d 1316
    , 1321
    (Fed. Cir. 2020); Oral Arg. at 12:10–12:50. We vacate the
    Board’s final written decision and remand for the Board to
    dismiss Visa’s petition. See Apple, 976 F.3d at 1321 (citing
    United States v. Munsingwear, Inc., 
    340 U.S. 36
    , 39–41
    (1950)).
    No costs.
    VACATED AND REMANDED
    *Circuit Judge Sharon Prost vacated the position of
    Chief Judge on May 21, 2021.
    

Document Info

Docket Number: 20-1662

Filed Date: 8/27/2021

Precedential Status: Non-Precedential

Modified Date: 8/27/2021