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Video Game Patent Review Not Time-Barred, Fed. Cir. Says (1)

Nov. 19, 2019, 5:19 PMUpdated: Nov. 19, 2019, 9:25 PM

A patent validity challenge at the Patent Trial and Appeal Board wasn’t time-barred because the petitioner was never properly served in a related infringement case, the Federal Circuit ruled.

The PTAB should have considered the timeliness of a petition challenging Game & Technology Co.'s U.S. Patent No. 7,682,243 before instituting a review, the court said Nov. 19. But it upheld the board’s decision that the video game technology patent was invalid in light of prior art.

The precedential ruling by U.S. Court of Appeals for the Federal Circuit was a win for video game maker Wargaming, which challenged the patent’s...

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