News & Insights

Gish PLLC Client Wins Motion to Dismiss Patent Lawsuit Under § 101

09/20/2022News

On September 20th, 2022, the United States District Court for the District of Massachusetts granted Gish PLLC client iRacing.com’s motion to dismiss a patent lawsuit filed by Integrated Technology Solutions, LLC (“ITS”), a patent assertion entity (Case No. 1:21-cv-11477). The Court held that all claims of ITS’s U.S. Patent No. 10,046,241 are invalid as patent ineligible under 35 U.S.C. § 101.

On behalf of iRacing, Gish PLLC argued that the patent claims should be invalidated under § 101 because they claimed the abstract idea of a racing videogame that simulates track conditions on a vehicle’s performance rather than technology to implement the idea. The Court agreed, finding that the patent “does not extend beyond an abstract concept” and “does not specify how to perform the purported concepts.”

ITS had additionally asserted the ‘241 Patent in lawsuits against 505 Games (Central District of California Case No. 2:21-v-07599) and Bandai Namco (Northern District of California Case No. 3:21-cv-07416). However, ITS dropped both lawsuits after iRacing challenged the validity of the ‘241 Patent.