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NEW VISION GAMING & DEVELOPMENT, INC. v. SG GAMING

2020-1399, 2020-1400.

996 F.3d 1378 (2021)

NEW VISION GAMING & DEVELOPMENT, INC., Appellant v. SG GAMING, INC., fka Bally Gaming, Inc., Appellee Andrew Hirshfeld, Performing the Functions and Duties of the under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, Intervenor.

United States Court of Appeals, Federal Circuit.

Decided: May 13, 2021.

Attorney(s) appearing for the Case

Matthew James Dowd , Dowd Scheffel PLLC, Washington, DC, argued for appellant. Also represented by Robert James Scheffel ; David E. Boundy , Cambridge Technology Law LLC, Newton, MA.

Nathan K. Kelley , Perkins Coie LLP, Washington, DC, argued for appellee. Also represented by Gene Whan Lee , New York, NY.

Dana Kaersvang , Appellate Staff, Civil Division, United States Department of Justice, Washington, DC, argued for intervenor. Also represented by Jeffrey B. Clark , Melissa N. Patterson ; Kakoli Caprihan , Sarah E. Craven , Thomas W. Krause , Farheena Yasmeen Rasheed , Office of the Solicitor, United States Patent and Trademark Office, Alexandria, VA.

Robert Greenspoon , Flachsbart & Greenspoon, LLC, Chicago, IL, for amicus curiae US Inventor, Inc.

Opinion concurring in part and dissenting in part filed by Circuit Judge Newman.

New Vision Gaming & Development, Inc., appeals two covered-business method review final-written decisions. In those decisions, the Patent Trial and Appeal Board held that all claims of U.S. Patent Nos. 7,451,987 and 7,325,806, as well as proposed substitute claims, are patent ineligible under 35 U.S.C. § 101. New Vision...

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