Erise IP shareholders Eric Buresh and Megan Redmond successfully defended a challenge at the US Court of Appeals for the Federal Circuit on behalf of FanDuel and DraftKings where the plaintiff alleged the Patent Trial and Appeal Board incorrectly invalidated claims.
Law360 reported on the outcome noting, “The three-judge panel called the claim construction flaw a ‘harmless error’ because substantial evidence still supports the board’s finding that the claims in [the plaintiff’s] patent were obvious over prior art.”
A year ago, Erise went 4-for-4 in IPRs on behalf of FanDuel and DraftKings, and the decision by the Federal Circuit focused on one of the IPRs dealing with authorizing play based on a users age.