The U.S. District Court for the District of Delaware recently ordered that a patent infringement lawsuit filed against operators of an online gambling platform should be dismissed as all four of patents asserted failed to claim patent eligible subject matter under 35 U.S.C. 101. In dismissing all four infringement claims, the Court wrote “in certain states, some forms of gambling are legal but others are not.  For example, in Maine (as in many states), online horse race betting is legal but online slot machines are not legal.  The [asserted patents] provide a system to show a user one form of gambling (typically the kind impermissible in a state, such as a slot machine), while actually wagering a user’s bet on another form of gambling (typically the kind permissible in the state, such as horse racing).”  Claims to such a system were found to be directed to an abstract idea and no inventive concept or technological innovation was found that was sufficient to save the claims under Alice step two.  Woodard Emhardt attorneys Spiro Bereveskos, Bill McKenna and Shane Moreillon are representing the Defendants.