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ARTICLE · 30 OCTOBER 2023

PTAB Doubles Down On Interference Estoppel Issue

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The Patent Trial and Appeal Board held all challenged claims of IGT's patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32.

United StatesIntellectual Property
Anthony Kim
Anthony Kim
Evan Jones
Evan Jones
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Matthew Johnson
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The Patent Trial and Appeal Board held all challenged claims of IGT's patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to IGT's position, there was no interference estoppel.

The patent at issue, U.S. Patent No. 7,168,089 ("the '089 patent"), relates to gaming machines and methods for securing communications for transferring gaming software and information between a gaming machine and a gaming server. The PTAB focused its analysis on independent claims 28 and 84, which the other challenged claims depends on.

A central issue with claim 28 was whether prior art U.S. Patent No. 5,823,879 ("Goldberg") discloses the transfer of gaming software, as asserted by Zynga. Specifically, Zynga argued that Goldberg teaches the transmittal of HTML web pages, and that the HTML pages were analogous to gaming software because they allowed gameplay of blackjack and other games of chance

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