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District Court: Network Gaming Patent Claims Not Invalid Under 35 U.S.C. § 101

Network Gaming Patent Claims Not Invalid Under 35 U.S.C. § 101

The court denied defendant’s motion to dismiss on the ground that plaintiff’s network gaming patents encompassed unpatentable subject matter because the asserted claims were not directed toward an abstract idea. “Prior communication techniques interconnected all participants using point-to-point connections, and thus, did not ‘scale well’ as the number of participants grew. The Broadcast Claims are directed to an innovative network structure for the distribution of data as the number of participants in a computer network is scaled. . . . A non-complete, m-regular network is a network where each node is connected to the same number of other nodes, or ‘m’ number of other nodes, and where each node is not connected to all other nodes. . . . Defendants argue that the Broadcast Claims are analogous to situations such as the schoolyard game of ‘telephone’. . . . Defendants’ analogies do not present the same communication scaling issues as those that arise in computer networks. Defendants gloss over the claim requirement of a non-complete, m-regular network that is implemented on an application level. The claims require a specific and apparently innovative structure of message-forwarding, which none of Defendants’ analogies are known to employ.”

Acceleration Bay LLC v. Activision Blizzard, Inc., 1-16-cv-00453 (DED August 29, 2017, Order) (Andrews, USDJ)

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About this Author

Mark Stignani, Schwegman Lundberg Woessner Law Firm, Minnesota, Patent Attorney
Analytics Chair and Compliance Officer

Mark Stignani is a registered patent attorney at Schwegman Lundberg Woessner. Mark has patent experience in various technology areas, including software, information systems, mobile devices, computer hardware and design, telecommunications, and mechanical. His practice includes prosecution, post-grant proceedings, patent and portfolio analysis, freedom to operate, patent strategy and planning and strategic counseling. Prior to joining Schwegman, Mark served as an Assistant General Counsel for Thomson Reuters for over ten years.