International Internet Technologies, LLC and Red Rock Investments, LLC v Sweepstakes Patent Company, LLC

International Internet Technologies, LLC and Red Rock Investments, LLC v Sweepstakes Patent Company, LLC, CBM2015-00106 (PTAB July 19, 2016) 

Patent(s):

•    5,709,603 | Entitled “Personal Computer Lottery Game”

Disposition:

Final written decision granting petition for post grant review.

Abstract Idea:

Yes

Something More:

No

Technology:

The patented technology is directed to “administrating, operating, and playing of a game in which a player acquires a chance to win and the outcome of that chance is displayed in an interesting, fun, and exciting fashion. The operation and running of these games entails the purchase of a chance to win and then at some point a single and usually quick action displays the outcome of the game.”

Summary:                 

The PTAB held that the patent was based on patent-ineligible subject matter, because the claims of the ‘603 patent were directed to the abstract idea of using an amusing game or an external event to reveal the outcome of a lottery. 

The patent did not contain “something more” so as to transform the abstract idea into patent eligible subject matter. The PTAB explained that the claims did not contain “something more” because the claims did not recite any limitations that transform them into a patent-eligible application.