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The Intellectual Property StrategistColumns & DepartmentsIntellectual PropertyLitigationPatent Litigation

IP News

By Jeffrey S. Ginsberg and Abhishek Bapna
September 01, 2021

Federal Circuit Clarifies Pleading Requirements for Patent Cases and Affirms Grant of Summary Judgment of Invalidity under 35 U.S.C. §101

On July 13, 2021, a Federal Circuit panel of Judges Dyk, Linn, and O'Malley issued a unanimous opinion, authored by Judge O'Malley, in Bot M8 LLC v. Sony Corp. of America, Case No. 2020-2218. The panel reversed the Northern District of California's finding that Bot M8's infringement allegations were insufficient with respect to two of the patents-in-suit, affirmed the district court's dismissal of Bot M8's claims as to two other patents-in-suit for failure to state a plausible claim of infringement, affirmed the district court's judgment of invalidity of one of the patents under 35 U.S.C. §101, and remanded for further proceedings. Slip Op. at 3-4.

Bot M8 LLC (Bot M8) sued Sony Corporation of America, et al. (Sony) for infringement of U.S. Patent Nos. 8,078,540 (the '540 patent); 8,095,990 (the '990 patent); 7,664,988 (the '988 patent); 8,112,670 (the '670 patent); and 7,338,363 (the '363 patent) (collectively, the asserted patents). Id. at 2. The asserted patents are directed generally to casino, arcade, and video games. Id. at 4. Bot M8 accused Sony's PlayStation 4 (PS4) video game consoles of infringing the '540, '990, '988, and '670 patents. Id. at 5. Bot M8 also accused certain PS4 videogames of infringing the '363 patent. Id.

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