Before the Supreme Court issued its Alice decision in June 2014, the law on Section 101 eligibility for software patents was in a state of flux, to put it mildly. The U.S. Court of Appeals for the Federal Circuit had issued an en banc decision the year before featuring six different opinions, with sharp disagreements about the reach of Section 101 and the timing for bringing the motions. Against that backdrop, Electronic Arts, Zynga and two other companies moved aggressively to knock out a patent on gaming technology brought by Acacia Research Corp. subsidiary Gametek LLC.
Backed by a team from Gibson, Dunn & Crutcher—the same law firm that was bringing the Alice challenge at the Supreme Court—Zynga and EA brought an early motion for judgment on the pleadings on the ground that Gametek’s patent was drawn to ineligible subject matter.
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