CG Technology Development, LLC et al. v. Draftkings, Inc.

CG Technology Development, LLC et al. v. Draftkings, Inc., Case No. 16-cv-00781-RCJ-VCF (Jones, J.) (Dist. Nev. Dec. 12, 2016)

Patent(s):

  • RE39,818 (at issue for failure to state a claim)
  • 6,899,628 (claims at issue previously ruled invalid)
  • 9,111,417 (claims at issue previously ruled invalid)
  • 8,641,511 (at issue for 101) | Entitled, “Real-time interactive wagering on event outcomes”
  • 8,342,924 (claims at issue previously ruled invalid)
  • 7,029,394 (claims at issue previously ruled invalid)
  • 6,884,166 (at issue for 101) | Entitled, “System and method for establishing a wager for a gaming application”
  • 7,534,169 (claims at issue previously ruled invalid)
  • 9,355,518 (claims at issue previously ruled valid)
  • 9,306,952 (claims at issue previously ruled valid)

Disposition:               

Claims for infringement of the ’811 and ’166 patents dismissed under 35 U.S.C. § 101 (along with prior rulings) but allowing leave to amend to allege infringement of claims that do not depend from invalid claims. 

Abstract Idea:

Yes

Something More:

No

Technology:              

Online gaming

Summary:                 

The court determined that the ’511 patent’s claim at issue (claim 16) is directed to the abstract idea of keeping track of players’ accounts and making adjustments thereto based on the results of games between the players. These functions can be done in the mind of “a sufficiently intelligent person” and the claim simply instructs the practitioner to perform the method using generic computing devices. Similarly, the court found that claim 39 of the ’166 patent is “a textbook example of a computer utilized for its generic computing abilities to perform abstract calculations that could be performed in the mind of a sufficiently intelligent person.”