he ruling found certain of IGT’s patents-in-suit, including patents that IGT alleges cover Bally’s bonus wheel gaming machines, invalid based on obviousness. It also found that Bally was not infringing certain of the patent claims asserted by IGT.
The ruling does not affect the validity of IGT’s asserted patent relating to bonus reel games, and also does not affect the validity of (nor certain claims for infringement under) IGT’s asserted patent covering a universal player tracking system.
The court has scheduled a hearing to address issues relating to appellate review of the summary judgment rulings, as well as the claims and counterclaims that remain pending, which are currently set for trial on November 4, 2008.
"IGT is disappointed by these rulings. However, we continue to strongly believe that our positions are correct and that we will ultimately prevail. We intend to continue to vigorously pursue this lawsuit, and if necessary will appeal the rulings at the appropriate time," said TJ Matthews, IGT’s Chairman and CEO.
"On appeal, these decisions will be reviewed by a specialized patent court in Washington, D.C., the Federal Circuit Court of Appeals. The Federal Circuit will review most of the issues de novo. Under this standard, the Federal Circuit will review the issues as if they were being presented for the first time. We look forward to presenting the merits of IGT’s position to that Court," said Dave Johnson, IGT’s Executive Vice President and General Counsel.