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ARTICLE · 25 MAY 2023

Federal Circuit KOs Gaming Patent

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In Bot M8 LLC v. Sony Interactive Entertainment LLC, No. 22-1291 (Fed. Cir. May 9, 2023), the Federal Circuit affirmed a final written decision from the Patent Trial and Appeal Board...

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Elizabeth Ferrill
Elizabeth Ferrill
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In Bot M8 LLC v. Sony Interactive Entertainment LLC, No. 22-1291 (Fed. Cir. May 9, 2023), the Federal Circuit affirmed a final written decision from the Patent Trial and Appeal Board determining all challenged claims of Bot M8's gaming machine patent unpatentable. There were two issues before the Federal Circuit on appeal: (1) whether an erroneous claim construction tainted the Board's unpatentability determination regarding the independent claims; and (2) whether the cited references' lack of a limitation precluded the Board's obviousness finding regarding the dependent claims.

On the first issue, the Federal Circuit found that even if the Board misconstrued the type of data that may be written to the motherboard before authenticating the game program, Bot M8 failed to show that the Board relied on that construction in finding the independent claims unpatentable. Thus, the Court explained that any error was harmless and affirmed the Board's

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