Aristocrat Technologies Australia PTY Ltd. v. International Game Technology and IGT

Good Law

491 F. Supp. 2d 916·2007 WL 1710625·84 U.S.P.Q. 2d (BNA) 1465·2007 U.S. Dist. LEXIS 42854

United States District Court, Northern District of CaliforniaJune 13, 2007C06-3717 MJJCalifornia10,502 words

Opinion

Jenkins, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT OF INVALIDITY ON GROUNDS THAT THE ‘215 APPLICATION WAS ABANDONED UNDER 35 U.S.C. § 371 AND § 133.

I. INTRODUCTION

Before the Court is Defendants International Game Technology and IGT’s (collec tively, “Defendants”) Motion for Summary Judgment of Invalidity on Grounds that the ‘215 Patent Was Abandoned Under 35 U.S.C. § 371 and § 133. Plaintiffs Aristocrat Technologies Australia Pty Limited (“ATA”) and Aristocrat Technologies, Inc. (“ATI”) (collectively “Plaintiffs” or “Aristocrat”) oppose the motion. For the following reasons, the Court GRANTS Defendants’ Motion for Summary Judgment.

II. FACTUAL BACKGROUND

This action presents a patent infringement dispute pertaining to certain technology related to electronic gaming machines. Unless otherwise noted, for purposes of the pending motion, the Court finds the following facts to be undisputed.

A.The Parties

Plaintiff ATA is an Australian company with its principal place of business in Australia. (First Amended Complaint (“FAC”) ¶ 1; Def.’s Ans. ¶ 1.) ATA provides a range of gaming solutions such as software, systems, and hardware, including electronic gaming machines. (FAC ¶…

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