In CG Technology Development, LLC, et al. v. BWIN.Party,
Inc. et al., (Case No. 2:16-cv-00871-RCJ-VCF, D. Nev. 2016),
the patents-in-suit relate to online gambling on a mobile device.
Defendant BWIN.Party filed a motion to dismiss based on patent
ineligibility under 35 U.S.C. § 101. After considering all the
evidence by both parties, the Court denied the motion to dismiss
and upheld validity of all the patents-in-suit as being directed to
patent-eligible subject matter.
The Court found that multiple steps of the claims are directed
to an abstract idea, but the claims also recite an additional
limitation "that is concrete enough to take the claim outside
the scope of Alice Corp.'s 'abstract idea'
exception to patentability under § 101." For example, the
Court stated, "Claim 19 requires the location of a mobile
gaming device via the computer system." The independent claims
of the other patents-in-suit all include steps requiring the
physical location of the mobile
