Visit BannerWitcoff.com
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. Specifically, Aristocrat, pursuant to USPTO rules, requested revival because the abandonment was unintentional. U.S. Laws, however, require that the delay be unavoidable. On appeal, the Federal Circuit held that "improper revival" is not a defense to patent infrginement, and that the District Court erred by holding the patent invalid on such grounds. So it's back to the District Court for these two to now get into some substantive issues regarding patent infringements.

Read the Federal Circuit opinion here.
< Previous     Home     Next >

Get the Patent Arcade App

Get the Patent Arcade App
Available now for iOS

Search This Blog

Loading...

Recognition

Buy your copy today!

Buy your copy today!
ABA Legal Guide, 2d Ed.

Ross Dannenberg

Scott Kelly

Scott Kelly

Labels

Archives

Blogroll

Data Analytics

Copyright ©2005–present Ross Dannenberg. All rights reserved.
Visit BannerWitcoff.com