Safe Gaming System v. Atlantic Lottery Corporation, 2018 FC 542

Justice McVeigh - 2018-05-25

Read full decision. Automatically generated summary:

The Plaintiff alleges that the Defendants infringed the 238 Patent through the design and implementation of Nova Scotia’s Responsible Gaming technology known as “My-Play.” The Defendants argue that the My-Play system does not infringe the 238 Patent and counterclaim that the 238 Patent is invalid because it lacks novelty, is obvious, insufficient, overly broad, not soundly predicted, and contains non-patentable subject matter. ... The 238 Patent is invalid for lacking utility, and for providing an insufficient disclosure. Even if the 238 Patent had been valid, the My-Play system did not infringe the 238 Patent. ... The possibility of monitoring in general is possible with this patent, but a POSITA at the time did not have the psychological tools to monitor and mitigate problem gambling, and the utility is not soundly predicted or demonstrated. At most the POSITA could monitor what a player did, but the POSITA would not know what is safe for one person (and what is safe for one person may not be safe for another).

Decision relates to:


Canadian Intellectual Property