Online Resources Corporation; ACI Worldwide, Inc., Plaintiffs-Appellants
Joao Bock Transaction Systems, LLC, Defendant-Appellee
Submitted November 17, 2015.
Appeal from United States District Court for the District of Nebraska-Omaha.
For Online Resources Corporation, ACI Worldwide, Inc., Plaintiffs-Appellants: Daniel James Fischer, Patrice D. Ott, Gregory Carl Scaglione, Koley & Jessen, Omaha, NE.
For Joao Bock Transaction Systems, LLC, Defendant-Appellee: Maureen V. Abbey, Steven W. Ritcheson, Heninger & Garrison, Westfield, NJ; David J. Koukol, Koukol & Johnson, Omaha, NE.
Before RILEY, Chief Judge, BEAM and KELLY, Circuit Judges.
RILEY, Chief Judge.
Online Resources Corporation (ORCC) and ACI Worldwide, Inc. (ACI, and collectively, ACI Worldwide) appeal from a March 2, 2015, order and judgment of the district court denying ACI Worldwide's motion for partial summary judgment and granting partial summary judgment to Joao Bock Transaction Systems, LLC (JBTS). For the reasons stated below, we dismiss for lack of appellate jurisdiction.
ACI provides online banking products to financial institutions in the United States. JBTS owns several patents related to ensuring financial account and transaction security, including U.S. Patent No. 7,096,003 (the '003 patent). JBTS did not sue ACI directly, but by 2012, JBTS had sued several of ACI's customers, alleging patent infringement related to ACI's products.
To resolve their patent dispute, on November 13, 2012, ACI and JBTS entered into a settlement agreement in which ACI made a large cash payment to JBTS in exchange for a patent license, release, and covenant not to sue from JBTS for ACI and certain ACI affiliates, related entities, and customers. JBTS also dismissed its pending suits against ACI's customers.
In March 2013, ACI, through a subsidiary, acquired ORCC in a short-form merger. As a result of the merger, ORCC
became a wholly [117 U.S.P.Q.2d 1326] owned subsidiary of ACI. ORCC, like ACI, provided online banking products to financial institutions.
On June 18, 2013, JBTS sued ORCC in the Southern District of New York, alleging ORCC infringed the '003 patent before the merger. ACI maintained ORCC became an ACI affiliate and related entity as defined in the settlement agreement upon merging and ...