The U.S. Court of Appeals for the Federal Circuit affirmed the PTAB's decision invalidating IGT's patent claims related to gaming network security. IGT's interference estoppel arguments, claiming Zynga was barred from pursuing obviousness due to a prior interference, directed attention to the PTAB's institution decision, which the court ruled as unreviewable. The decision indicates that no blatant legal violations existed under the Cuozzo ruling. Zynga's challenge followed IGT's infringement suit, and the PTAB determined that previous interference proceedings were insufficient to impose estoppel on Zynga.
The Federal Circuit found interference estoppel arguments raised by IGT to be directed to the PTAB's unreviewable institution decision, further holding that the PTAB's estoppel determination involved no "shenanigans" that could make the institution decision reviewable.
IGT filed the patent application eventually issuing as U.S. Patent No. 7168089, Secured Virtual Network in a Gaming Environment. Zynga filed a patent application including claims copied from the '089 patent's application.
Zynga filed IPR proceedings against the '089 patent in 2021, arguing against institution while IGT pursued interference estoppel under 37 CFR § 41.127(a)(1), contending that Zynga was barred.
The PTAB instituted Zynga's petition, finding that the interference proceeding was terminated on a threshold issue and it was unfair to impose Section 41.127(a)(1)'s estoppel provisions.
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