Western Express Bancshares v. Green Dot Corporation, No. 20-1079 (Fed. Cir. July 14, 2020)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Western Express Bancshares, LLC (“Western Ex- press”) appeals the dismissal on the pleadings of its com- plaint alleging infringement of Western Express’s U.S. Patent No. 8,498,932 (“’932 patent”) by Green Dot Corpo- ration (“Green Dot”). Western Express Bancshares, LLC v. Green Dot Corp. , No. 19 -cv-4465 ( S.D.N.Y. Oct. 2, 2019) (“District Court Op.”). Because the ’932 patent claims pa- tent ineligible subject matter under 35 U.S.C. § 101, we af- firm.1 Patent eligibility is ultimately a question of law, that may contain underlying fact issues.