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SOUTHEAST TEXAS RECORD

Friday, March 29, 2024

Virtual Gaming files more patent infringement suits, NFL among defendants

Fresh from suing DraftKings, Inc. and FanDuel, Inc. in the Eastern District of Texas over purported patent infringement of its computer-based interactive gaming systems, Virtual Gaming Technologies, LLC has gone on a full-court press against several more entities, most notably the NFL.

Virtual Gaming launched complaints accusing DraftPot, LLC; DraftDay Gaming Group, Inc.; ESPN Internet Ventures and NFL Enterprises, LLC on claims the defendants copied the technologies and inventions in connection with United States Patent Numbers 5,860,862 (“the ‘862 patent”) and 6,193,610 (“the ‘610 patent”) “in a relentless effort to expand its market share and profit from the use of infringing” the aforementioned gaming systems.

The ‘862 patent, titled “Interactive system allowing real time participation”, was issued on Jan. 19, 1999, while the ‘610 patent, titled “Interactive television system and methodology”, was issued on Feb. 27, 2001.

The lawsuits, filed Nov. 4 in the Marshall Division of the Eastern District of Texas, assert the patents in question belong to William W. Junkin. Junkin, court papers say, “is a pioneer in the interactive computer gaming industry and used his insights to create the interactive gaming technologies that are used today by” the respondents “without attribution or compensation.”

“Virtual Gaming depends on patent protection to effectively license its innovative technologies and build its business,” the suits argue.

Consequently, Virtual Gaming seeks unspecified monetary damages and a jury trial. Attorneys Elizabeth L. DeRieux and D. Jeffrey Rambin of the law firm Capshaw Derieux, LLP in Gladewater, Matt Olavi, Brian J. Dunne, Donna S. Berger and Daniel P. Hipskind of the law firm Olavi & Dunne LLP in Austin and Los Angeles serve as the plaintiff’s counsel.

Marshall Division of the Eastern District of Texas Case Nos. 2:15-CV-1712, 2:15-CV-1713, 2:15-CV-1714, 2:15-CV-1715

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