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Arnold & Porter Wins Third 35 USC § 101 Motion to Dismiss in Five Months

January 24, 2023

On January 20, Arnold & Porter hit the “trifecta,” winning its third gaming patent infringement case in five months under 35 USC § 101. The three wins, which took place in three different jurisdictions between September 2022 and January 2023, cover six different online gaming-directed patents on behalf of five gaming companies.

The winning outcomes—which occurred in Nevada, New Jersey, and Delaware—have led to the invalidation of six patents all focused on different aspects of an online gaming platform. These victories positively impact the online gaming space and the tech sector at large, providing a path forward for operators to avoid infringement challenges around illegitimate patents that should not have been issued.

As the patent eligibility landscape continues to evolve, including the potential impacts of the pending Patent Eligibility Restoration Act on the gaming space, Arnold & Porter’s successful track record in cases involving 35 USC § 101 demonstrates the firm's leadership in the sector and how it can help companies inoculate themselves against similar challenges and avoid attracting expensive litigation from bad actors.

The cases are GAN (UK) Limited v. MGM Resorts International and BetMGM, LLC (D. Del. 1:22-cv-00361-CJB); Pure Parlay, LLC v. Stadium Technology Group, Inc. and GVC Inc. (D. Nev. 2:19-cv-00834-CDS-BNW); and Beteiro, LLC v. BetMGM, LLC, Entain, PLC (D.N.J. 1:21-cv-20156-CPO-SAK).

All three cases were handled by the same Arnold & Porter team led by Evan Rothstein and included Patrick Hall, Anna Kaul, Jessica Kaiser, Betsy Long, Phil Marsh, Estayvaine Bragg, Theresa House, Hafeez Khan, and Tyler Knox.