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ARTICLE · 26 JUNE 2024

Gambling With Alice? Look Out For These Abstract Idea Indicators

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As further guidance on how to determine whether a patent claim is directed to an ineligible abstract idea under the Alice Two-Step Test, the Federal Circuit issued a precedential opinion...

United StatesIntellectual Property
Don Wang
Don Wang
Jeannine Sano
Jeannine Sano

As further guidance on how to determine whether a patent claim is directed to an ineligible abstract idea under the Alice Two-Step Test, the Federal Circuit issued a precedential opinion, Beteiro v. DraftKings, No. 2022-2275 (Fed. Cir. June 21, 2024), identifying four "well-settled indicators of abstractness."

The patents-at-issue are directed to using computers and GPS devices to facilitate remote participation in live gambling/games. The Federal Circuit affirmed the district court's ruling that the asserted claims are patent ineligible under 35 U.S.C. § 101 because they are all directed to the abstract idea of "exchanging information concerning a bet and allowing or disallowing the bet on where the user is located." As part of its analysis, the Federal Circuit references four "well-settled indicators of abstractness":

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