Skillz Platform Inc. v. AviaGames Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 6 SKILLZ PLATFORM INC., Case No. 21-cv-02436-BLF
Plaintiff,
ORDER CONSTRUING CLAIMS IN
v. U.S. PATENT NO. 9,649,564
AVIAGAMES INC., [Re: ECF Nos. 72, 75, 79, 115, 116] Defendant.
12 Plaintiff Skillz Platform Inc. (“Skillz”) brings this patent infringement action against Defendant AviaGames Inc. (“AviaGames”), claiming AviaGames infringes U.S. Patent No. 9,649,564 (the “’564 Patent”) through its mobile gaming platform. The Court held a Markman2 hearing on April 29, 2022 for the purpose of construing the sole disputed term in the ’564 Patent. The parties disagree about the construction of the term “a stream of pseudo random number seeds characterized by a unique match identifier” in the independent claims of the ’564 Patent, focusing on the breadth of the phrase “characterized by.” AviaGames argues that “characterized by” requires the “unique match…