Thursday, December 09, 2004

Patent infringement in the slot machine biz

If one's "update" of a thirty-year old device falls within the scope of claims of a recent patent, there can be patent infringement. Infringement is determined by measuring the claims of the patent against the accused device.

from theStreet:

-->Alliance Gaming said the principal allegation of the complaint is that its Monte Carlo slot machine infringes on the recently issued patent. But Alliance said the Monte Carlo game was originally introduced in the 1970s and was updated and reintroduced three years ago. "The company believes there is no merit to IGT's 'new' claim that a game invented and introduced nearly 30 years ago infringes on a recently issued patent," Alliance said in a release.<--

IGT's recent patent is a continuation of an application filed in 1994. Thus, this litigation might invoke some themes of Quillen/Webster and Lemley/Moore.

Thoughtfully, IGT is not seeking an injunction.


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