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ARTICLE · 06 DECEMBER 2011

Federal Circuit Affirms SJ Decision Based On Multiple Claim Construction Determinations

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In IGT v. Bally Gaming International, Inc., Nos. 10-1364, -1365 (Fed. Cir. Oct. 6, 2011), the Federal Circuit affirmed the district court’s grant of SJ of infringement for certain claims of U.S. Reissue Patent Nos. RE37,885 ("the ’885 patent") and RE38,812 ("the ’812 patent"), as well as a grant of SJ for noninfringement of other claims.

United StatesIntellectual Property
Michael Stone
Michael Stone
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This article previously appeared in Last Month at the Federal Circuit November, 2011.

Judges: Newman, Lourie, Moore (author)

[Appealed from D. Del., Judge Robinson]

In IGT v. Bally Gaming International, Inc., Nos. 10-1364, -1365 (Fed. Cir. Oct. 6, 2011), the Federal Circuit affirmed the district court's grant of SJ of infringement for certain claims of U.S. Reissue Patent Nos. RE37,885 ("the '885 patent") and RE38,812 ("the '812 patent"), as well as a grant of SJ for noninfringement of other claims.

IGT accused Bally Gaming International, Inc., Bally Technologies, Inc., and Bally Gaming, Inc. (collectively "Bally") of infringing two reissue patents that shared a common specification. These patents describe a system for controlling networked gaming devices, namely, slot machines, and methods for rewarding players over and above normal payout levels. The '885 patent claims generally contain three steps: (1) tracking activity of a group of

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