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7 Oct, 2008 8:17 am
... national-stage application one day late. The PTO allowed the applicant to revive the application as unintentionally abandoned. In litigation, IGT argued that the patent should be held invalid as improperly revived because the statute only allows for revival of ... that no challenge is available in a
variety of potential cases. That result is wrong from a policy perspective and It appears that IGT has a strong statutory construction argument
as well. Hat Tip: Thanks to Chico Gholz and Mark Lemley ...
12 Sep, 2008 12:47 pm
... .S. District Court for the District of Nevada, Bally Sued International Game Technology (IGT) for infringement of U.S. Pat. No. 7,100,916.
Claim 1 ... machine patent to be prima facie obvious, based on a summary judgment motion filed by IGT. The judge apparently gave little
consideration to secondary factors of nonobviousness, such as the huge ... my money is on settlement, because there is other patent litigation between these two companies, and
IGT might want to save its own patents from a similar fate ...
10 Jun, 2007 10:31 pm
... are resolved - yet still the appeals against refusal of a patent for an invention relating to excluded subject matter continue. IGT v
Comptroller General of Patents [2007] EWHC 1341 (Ch), a Patents Court decision of Mr Justice Warren ... extent to which a European patent application or European patent relates to such
subject-matter or activities as such". IGT appealed. The question for the court on appeal was whether the contributions of the four
applications to the prior art, were indeed a way of ...
12 Dec, 2007 9:10 am
/**/ Aristocrat Technologies Australia (ATA) v. International Gaming Technologies (IGT) (Fed. Cir. 2008 PENDING) ATA missed its US national
stage filing by one day. The PTO granted ATA's petition to revive the application based ... the CAFC affirms, a large number of patents will instantly lose their value. I expect the
AIPLA to file a strong Amicus brief supporting ATA. IGT's brief supporting the lower court's decision is expected soon. Prediction: I expect
that the CAFC will reverse - holding that ...
25 Sep, 2008 1:56 am
I just read the US Court of Appeals opinion for the Aristocrat v. International Game Technology (IGT) case, and I want to mention that I am
unhappy with the decision and I feel that the judge played semantics with the availability of ... of a certain defense, not the issue of invalidity based on a procedural and/or legal
defect in the prosecution. My opinion is that IGT will likely appeal to the Supreme Court, but regardless of whether they hear the case, their
decision will spark some legislative ...
24 Sep, 2008 12:47 pm
Aristocrat v. IGT United States Court of Appeals for the Federal Circuit Decided Sep. 22, 2008 At this stage, this case is more about an
esoteric legal issue, rather than any substantive issue of infringement regarding slot machine games or video games, so I will keep it brief. Suffice it to say, the District Court (N.D.
Cal.) held that Arisocrat's patent was invalid because Aristocrat did not properly revive the patent after it accidentally went abandoned during prosecution at the USPTO. ...
17 Feb 11:40 am
The law governing U.S. software patents sometimes shifts like the ground here in California - a point illustrated by the recent decision of the Court of Appeals for the Federal Circuit
(CAFC) in Aristocrat Technologies Australia PTY Ltd. v. International Game Technology, 521 F.3d 1328, 1333 (Fed. Cir. 2008). Click here to read more.
13 May, 2008 1:23 am
... , or in the alternative that Erie, a different insurance company, was on the hook for defense and damages costs. IGT, unsurprisingly,
cross- and counterclaimed for a declaration that one or both of the insurance companies had a duty to defend ... possibility that the insured is liable for something covered by the
policy. Doubts are resolved in favor of insureds. Here, IGT was insured for advertising injury. Advertising injury was defined to include
publication of "material that slanders or libels a ...
12 Nov 8:00 am
... fact existed regarding fraud disclosures contributing to the plaintiffs' terminations. Shawn and Lena Van Asdale began work with IGT in
2001. That year, defendant began merger talks with Anchor Gaming (Anchor). Concomitantly, one of Anchor's ... Bally's defense materials was conduct that related to shareholder fraud.
Within approximately three months of these allegations, IGT fired the Van Asdales. This court found that the district court could hear
testimony regarding plaintiffs meeting with ...
5 Apr, 2007 9:48 am
... parties are competitors in the market for computerized gaming machines, specifically "wheel of fortune" type machines. IGT sued defendants
(collectively Bally) for patent infringement. Defendants counterclaimed for declarations of invalidity, noninfringement, ... about patent validity. Bally avoided summary judgment on
this issue, because of disputed factual issues about what IGT knew about the validity of its patents when it issued a press release claiming
that it filed a patent infringement case to ...
14 Jun, 2007 5:32 am
... . In doing so, the 3rd reversed trial judge Esquiroz. In August Ceradini v. IGT Services, Inc. et al, we learn that Florida Entertainment,
Inc. (FE) ... contract had a permissive venue selection clause (suit may be brought in Miami). IGT sued claiming FE did not meet its
obligations and averred that Ceradini was ... Ceradini fits the breadth of the clause since the allegations arise out of or relate to the FE-IGT contract. Faced with whether the arbitration clause trumps the venue clause, the 3rd DCA ...
26 Aug 4:22 pm
... them to believe that an investigation into a patent held by Anchor Gaming should be started. Anchor was a former competitor of IGT before
the 2 companies merged. The slot machine patent in question was a major asset of Anchor and if not valid ... a whistleblower claim under the SOX, contending they were terminated for
reporting potential shareholder fraud in connection with the IGT / Anchor merger. The Nevada-based federal trial court sided with the employer
and granted its summary judgment motion, ...
30 Sep 1:26 pm
... (9th Cir. Aug. 13, 2009). The Van Asdales were former in-house attorneys at International Game Technology (IGT). IGT began merger discussions with Anchor Gaming. The Van Asdales expressed concerns that communications made in connection with ... judgment, concluding that
the attorneys did not engage in protected conduct in that they "hadn't reached a conclusion" that IGT engaged in actual shareholder fraud. The
Ninth Circuit reversed, holding that "[r]equiring an employee to essentially prove the ...
30 Sep 1:26 pm
... (9th Cir. Aug. 13, 2009). The Van Asdales were former in-house attorneys at International Game Technology (IGT). IGT began merger discussions with Anchor Gaming. The Van Asdales expressed concerns that communications made in connection with ... judgment, concluding that
the attorneys did not engage in protected conduct in that they "hadn't reached a conclusion" that IGT engaged in actual shareholder fraud. The
Ninth Circuit reversed, holding that "[r]equiring an employee to essentially prove the ...
17 Oct, 2007 1:57 pm
... others to make, use, sell, and offer to sell game system networks covered by the '035 Patent, with the proviso that IGT shall have the
right to approve any sublicense offered by Gamco, which approval shall not be unreasonably withheld . . ... the single infringing act of offering NYSL games might subject the infringer
to suit by Gamco for the lottery games, and separately by IGT or some other game-specific licensee for the other games. This example also shows
the potential of suits among licensees ...
25 Feb, 2008 9:06 pm
/**/ Aristocrat Technologies v. IGT (pending before the CAFC). The pending Aristocrat case is interesting for several reasons: (1) it involves
the greatest fear of many practicing patent prosecutors - missing a deadline; (2) it will ... & Documents: PTO Amicus Brief NIO Amicus Brief Aristocrat Merits Brief [Patently-O
Discussion of Aristocrat Appeal Brief] IGT Merits Brief District Court Decision [Patently-O Discussion of Original District Court Decision]
Statutory provisions for revival due to ...
17 Jul 6:33 am
... (Fed. Cir. 2008): Patent for slot machine game and system w/improved jackpot feature. Court found summary judgment improper, remanded for further proceedings. Bally v.
IGT, 2008 WL 4225247 (D. Nev. 2008): Summary judgment for IGT because Bally's asserted claims for its
wheel game slot machines are obvious. In re Bilski, 545 F.3d 943 (Fed. Cir. 2008): Limits patentable subject matter. Process must pass "machine or transformation" test to ...
3 Sep 4:00 am
... another company, the Van Asdales raised some issues regarding the validity of a valuable patent owned by IGT. They thought the patent issue
should be disclosed in connection with the merger. Their bosses thought otherwise and fired ... SOX because they were terminated for reporting possible shareholder fraud in connection
with that merger. What About Legal Ethics Restrictions? IGT argued that the Van Asdales were prohibited from filing suit because of their
ethical obligations as Illinois-licensed ...
28 Jun, 2007 10:03 am
... because the third step should have covered that, but felt obliged to include it in the light of previous case law). The IGT case was an
appeal against the decision of the UK Intellectual Property Office refusing four patent applications relating to ... was patentable and outside the excluded subject matter, but whether
the contribution was within the excluded subject matter. In the IGT case, the court held that the contribution made lay in the excluded field
of a scheme, rule or method for playing a ...
17 Oct, 2007 12:04 pm
... type of use. Here, Gamco received an exclusive license grant from gaming giant IGT to sell state authorized NY lottery games covered by the
'035 patent. On appeal, ... Gamco does not have standing to file suit without the cooperation of the patentee, IGT. An exclusive licensee
possesses standing to sue in its own name if it holds "all ... therefore holds that Gamco lacks standing to sue in its own name without joining IGT." Senior Judge Friedman gave a different reading to Pope and filed a dubitante ...
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