Published on:

Judge Sleet Finds “Promotional Games” Patent Invalid Under Section 101

Judge Sleet recently granted a defendant’s motion to dismiss for lack of Section 101 patentable subject matter. Plaintiff’s patented was directed toward promotional games, and Judge Sleet found that the claims were directed toward an abstract idea: “[T]he court finds that the concept of promotional games – ‘random drawing sweepstakes, instant win packaging, lotteries, collect & win and match & win contests’ – is an abstract idea. Though perhaps some would dispute whether such games are a ‘fundamental’ economic principle, there can be little doubt that they qualify as a ‘longstanding commercial practice’ and a ‘method of organizing human activity.’. . . Promotional games are marketing tools. Though a precise definition of ‘abstract idea’ is deliberately elusive, in the court’s view, these tools fit squarely within any understanding of the category.” Everglades Game Technologies, LLC v. Supercell, Inc., C.A. No. 14-643-GMS, Memo. at 6 (D. Del. Aug. 21, 2015). Judge Sleet further found that there was no inventive concept to transform the abstract idea into eligible subject matter because “each of the claims of the ‘050 Patent lack meaningful limitations on the abstract idea.” Id. at 7. The Court also noted that the Plaintiff had not taken a clear position on whether it believed the “machine or transformation test” supported its position, but the Court found that “[t]o the extent the machine-or-transformation test remains worthy of consideration, the court finds that it fails to support the ‘050 Patent’s validity.” Id. at 10-11.

Contact Information