Sweepstakes Patent Invalid Under Alice, Judge Rules

By Kevin Penton (August 21, 2015, 8:43 PM EDT) -- A Delaware federal judge on Friday invalidated a promotional sweepstakes and gaming patent under Alice after its owner had alleged that the defendant was selling game pieces that infringed on its invention.

U.S. District Judge Gregory M. Sleet granted SuperCell Inc.'s motion to dismiss, finding that Everglades Game Technologies LLC's patent covers only an abstract idea under Alice — a 2014 high court decision that held that abstract ideas implemented using a computer are not patent-eligible.

Everglades contended that it was procedurally improper to invalidate a patent at the motion to dismiss stage, but Judge Sleet noted that while in some...

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