Everglades Game Technologies, LLC v. Supercell, Inc.C.A. No. 14-643-GMS, August 21, 2015.

Sleet, J.  Defendant’s motion to dismiss for failure to state a claim is granted. The patent-in-suit is invalidated.

Defendant claims the patent-in-suit claims ineligible subject matter and is therefore invalid under § 101.  The invention uses computer technology for promotional gaming methods.  Applying the 2-step Alice step, The court finds that all 26 claims of the patent are invalid as they claim the abstract concept of using promotional games, such as collect-to-win or match-to-win, without reciting meaningful limitations to render the idea patent eligible.  Additionally, the “machine or transformation” test fails to support the claim that the patent is valid.