Appeal No. 2005-2643
Reexamination Control No. 90/005,842
The patent under reexamination in this proceeding (Patent 6,052,673) and the
patent under reexamination in Reexamination Control No. 90/005,841 (Patent
5,832,461), which is the subject of pending Appeal No. 2005-2642, were both involved
in Trans Texas Holdings Corp. v. Pacific Investment Management Co., Civ. Act. No.
A99CA658SS in the United States District Court for the Western District of Texas
(Austin). On August 26, 2000, the district court entered a Markman4 order (Exhibit D to
the brief) construing various terms of the claims of both patents. In response to a
question from the Board at oral argument concerning the date of dismissal of the district
court action, counsel requested permission to submit a copy of the district court’s docket
report, which request was granted. The docket report was faxed to the board on
January 25, 2006, and shows that the order dismissing the action was filed on January
8, 2001. A copy of that order, entitled “Order of Dismissal With Prejudice” (incorrectly
giving the year as 2000), accompanied the reply brief as Exhibit G.
B. Related appeal
A decision is being mailed concurrently herewith in Appeal No. 2005-2642 in the
‘841 reexamination proceeding.
C. The invention at issue
The claims are directed to a method of managing financial accounts wherein an
institution (a) offers inflation-indexed deposit accounts and (b) at least partially offsets
4 Markman v. Westview Instruments, Inc., 52 F.3d 967, 979, 34 USPQ2d 1321,
1329 (Fed. Cir. 1995), aff’d, 517 U.S. 370, 372, 38 USPQ2d 1461, 1463 (1996).
3
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