A friend was ticketed for jaywalking while others were not, highlighting fairness issues in enforcement. A new petition in USAA v. PNC claims that IPR decisions were arbitrary since they failed to explain differing outcomes on similar facts. The case highlights a circuit split on when agencies must justify inconsistent decisions. USAA's patents on mobile-check-depositing technology were initially upheld but subsequently declared obvious in a later IPR by PNC, despite a previous case finding them valid against Wells Fargo. The consistency in administrative decisions is essential for fairness.
The petition for certiorari in USAA v. PNC argues that the USPTO's IPR decisions were "arbitrary and capricious" due to inconsistent findings involving similar facts.
The Federal Circuit upheld PTAB decisions declaring USAA's patents on mobile-check-deposit technology as obvious, despite previous findings supporting the same patents against Wells Fargo.
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