INTERNATIONAL GAMCO, INC. v. Multimedia Games, Inc.

ORDER: (1) GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF NON-INFRINGEMENT; (2) DENYING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT OF INVALIDITY

Presently before the Court is Defendant and Counter Claimant Multimedia Games, Ine.’s (“MGAM”) motion for summary judgment of non-infringement (Doc. No. 269.) and motion for summary judgment of invalidity. (Doc. No. 268.) Also before the Court is Plaintiff International Gamco, Ine.’s (“Gamco”) and Counter Defendant Oasis Technology, Inc.’s (“Oasis”) oppositions to both motions (Doc. Nos.293, 294), and MGAM’s replies. (Doc. Nos.314, 321.) For the reasons stated below, the Court HEREBY GRANTS MGAM’s motion for summary judgment of non-infringement and DENIES MGAM’s motion for summary judgment of invalidity.

BACKGROUND

MGAM is a publicly traded company with its principal place of business located in Austin, Texas. (Lannert Decl. ISO MSJs, ¶ 1.) Gamco is a gaming company with its principal place of business in Omaha, Nebraska. The patent at issue in this case is United States Patent Number 5,324,035, filed December 1, 1992, entitled “Video Gaming System with Fixed Pool of Winning Plays and Global Pool Access.” (See Bjurstrom Decl. ISO…