Erise IP shareholders Eric Buresh, Megan Redmond and Carrie Bader landed what a Delaware federal judged called “the jackpot” when they successfully won a motion on behalf of FanDuel that killed the entire case. Buresh, Redmond and Bader argued a trial wasn’t necessary on grounds the targeted patent was invalid under § 101 pursuant to the U.S. Supreme Court’s Alice ruling. The Court agreed killing the single remaining patent in the dispute.
This victory marks the end of an incredible string of wins in a case that originally involved allegations of infringement by FanDuel of 12 different patents, Law360 reported. Erise managed to kill all 12 patents without a trial, a win that is nearly unprecedented in today’s patent litigation environment. After defeating eight of the patents through a §101 challenge, Erise filed four IPRs against the remaining patents. Only one claim of a single patent escaped being invalidated in those IPRs and that final claim was the last one to fall in the most recent ruling.