ACCELERATION BAY, LLC V. ACTIVISION BLIZZARD INC.
- Nov 6 2018 |
- Category: CAFC Updates
Patent owner Acceleration Bay, LLC appeals the final written decisions of the PTAB in six inter partes review (“IPR”) proceedings holding unpatentable certain claims of U.S. Patent Nos. 6,829,634, 6,701,344, and 6,714,966 relating to a broadcast technique in which a broadcast channel overlays a point-to-point communications network. Acceleration argues that: 1) the Board erred by construing the term “participant” according to its plain meaning; 2) the terms “game environment” and “information delivery service,” should have been given patentable weight; and 3) the Board failed to identify a broadcast channel in the prior art Shoubridge reference in its anticipation and obviousness analyses. Activision Blizzard, Inc. and others cross-appeal portions of the Board’s decisions holding patentable certain claims of the ’634 patent, as well as certain substitute claims of the ’966, ’344, and’634 patents arguing: 1) the Board erroneously concluded that Lin is not a printed publication under § 102(a); 2) the Board erroneously determined that certain claims were not anticipated or rendered obvious by Shoubridge; and 3) the Board erred in determining that various amended claims were patentable over the prior art. The CAFC affirms the Board’s decisions.