Nevada Gaming Campaign Splinters After New York Court Refuses to Return Patent to Former USPTO Deputy Director

July 28, 2017

The troubled gaming campaign of Cantor Fitzgerald subsidiary CG Technology Development, LLC (CG Tech) has sputtered back to life after a brief stay in several of its cases, imposed in May 2017 to await a ruling from the Southern District of New York as to whether the NPE would be required to assign one of the patents (RE39,818) to survive multiple Alice challenges in the campaign back to its named inventor. In January 2017, a New York jury awarded that named inventor, Russell D. Slifer, former chief patent counsel at Micron and recent Deputy Director of the USPTO, money damages for breach of contract and/or breach of implied covenant of good faith and fair dealing related to the assignment of the ‘818 patent. District Judge Andrew L. Carter has now issued an order, refusing to impose specific performance (assignment of the ‘818 patent back to Slifer) on CG Tech’s parent company, CG Technology, L.P., the defendant in that case. District Judge Robert Clive Jones in the patent litigation case has lifted the stay, at the parties’ request, and promptly transferred four of the seven cases before him out of Nevada, in light of the US Supreme Court’s TC Heartland decision on patent venue.

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