Home gambling network piche
In patent infringement cases, the award of attorneys' fees is reserved for “exceptional cases”; if the infringement is premised on operations that are outside of. Home Gambling Network, Inc., etal VS Chris Piche, etal | 35 USC | Patent. Patent case filed on May 16, in the Nevada District Court.
HOME GAMBLING NETWORK, INC. v. PICHE
As this case relates to a patent, NTP, a decision from the Federal Circuit, was governing law in this case. See Brooks Furniture Mfg. Signed by Judge David A. In an interesting twist, it appears from the complaint that Home Gambling Network may have already provided a license to one or more of the defendants for certain games. It follows that Defendants could not infringe the Method Patent by operating a website and licensing software that permitted sports betting, lottery, keno, and bingo games because these activities are excluded from the Method Patent. Molnick later testified that he licensed sports betting to a third party for a paid license fee id. Moreover, even assuming that the HGN Contract prohibits the use of the Method Patent with respect to "bingo, keno, lottery and sporting events," Plaintiffs' breach of contract claim fails under the doctrine of patent misuse.
Home Gambling Network, Inc. v. Piche
Home Gambling Network, Inc. The HGN Contract also expressly provided that "[n]o further approval or documentation" was "required" from Plaintiffs with respect to the granting of sublicenses. CWC ran a "live webcam casino" the "Live Casino" , which functioned like any other casino except that it was outfitted with digital cameras to allow physically remote customers to view and interact with the casino, which was located in Costa Rica, through the internet.
Players could access the Live Casino through the website www. CWC also ran a related business that offered licenses to third-party online gaming websites, allowing them to use CWC software to offer live webcam casino gaming without needing to operate their own "live" casinos.
At all relevant times, CWC's computer servers, which hosted the online games, and the employees of the Live Casino were located in Costa Rica. Procedural Background On July 10, , Plaintiffs filed a First Amended Complaint, alleging, among other things, that CWC infringed their Method Patent through CWC's operation of an online gambling website and its production and distribution of online gambling software, all of which permitted sports betting, lottery, keno, and bingo games.
While recognizing that Defendants had the right to grant sublicenses under the HGN Contract, Plaintiffs asserted that CWC improperly sublicensed its software without excluding bingo, keno, lottery, and sports betting. Approximately six years later, on February 27, , Defendants filed a second Motion for Summary Judgment contending that "the record is ripe for summary judgment on the remaining counts of the complaint.
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Home Gambling Network, Inc. Plaintiffs shall file their supplemental brief, specifically responding to Defendants' calculations as set forth in their Motion on or before June 22, Defendants shall file any reply to Plaintiffs' objections on or before July 9, Signed by Judge David A.
Players could access the Live Casino through the website www. While recognizing that Defendants had the 3 right to grant sublicenses under the HGN Contract, Plaintiffs asserted that CWC improperly sublicensed its software without excluding bingo, keno, lottery, and sports betting.
In relevant part, the Court concluded that 1 there was no liability under 35 U. Importantly, the Court found that Plaintiffs purposefully attempted to exclude subject matter that was beyond the scope of the Method Patent from the license granted to CWC, so that they could license that subject matter to others for money. Defendants have now filed the instant Motion for Attorney Fees and Costs. Allcare Management System, Inc. Defendants filed their supplemental brief on May 6, Dkt.
See Brooks Furniture Mfg. As set forth in Brooks Furniture, F. This text is patently clear. Section demands a simply discretionary inquiry; it imposes no specific evidentiary burden, much less a high one. Indeed, patent-infringement litigation has always been governed by a preponderance of the evidence standard. Further, the Court held that the exceptional-case determination is to be reviewed only for abuse of discretion on appeal.
Defendants assert that the Plaintiffs should have known their patent infringement claim would fail as a matter of law and, thus, that they were unjustified in bringing the action against them.
But just how strong are they? And what makes them so powerful? Inspiration can come from the strangest places. Kram, a physiologist at the University of California at Berkeley, decided to test that claim in his lab. Instead he created a yoke. When Kram put the rhinoceros beetles on a treadmill, he discovered that while they were not as strong as the Guinness Book claimed, they were still amazing.
They could carry up to times their own weight of one-tenth of an ounce, although under that load they could barely move. With 40 times their own weight, they plodded for about ten minutes before becoming exhausted.
But with 30 times their own weight, things changed: I got bored before they got tired, says Kram. To a physiologist like Kram, what was particularly mysterious was what fueled the beetles.
In humans and ponies and dogs, he explains, if you have them carry a weight equal to 10 percent of their body weight, their metabolic rate goes up by 10 percent: For the rhinoceros beetles to follow this rule carrying 30 times their weight, though, they would have to speed up their metabolism by a factor of something only a few creatures on Earth, such as bumblebees, can do. While carrying 30 times their weight, the beetles consume only four times more oxygen than when walking unencumbered--an astonishing display of biomechanical efficiency.
They hardly notice it at all. Kram has yet to figure out their secret. Hermit crabs, for example, can carry their heavy shells by dragging their abdomens; with the seafloor supporting most of the load, the crabs just have to move it forward.