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US – Everi wins out in Cash Club Wallet patent challenge

By - 27 September 2023

Everi Payments has won out in five inter partes review proceedings held before the US Patent and Trademark office patent trial and appeal board.

Patent Owner Sightline Payments originally filed a lawsuit against Everi and its affiliate in the U.S. District Court for the Western District of Texas, alleging that Everi’s Cash Club Wallet product infringed upon certain claims in five patents owned by Sightline. On June 1, 2022, US District Judge Alan Albright dismissed the Texas case.

Everi filed petitions for inter partes review proceedings before the PTAB, challenging all the claims asserted against Everi in the Texas Action. Beginning on August 30, 2023, the PTAB issued five Final Written Decisions holding that all of the patent claims asserted by Sightline against Everi were ‘unpatentable’ as obvious, thus, invalidating those claims.  A patent claim is unpatentable under federal law if the differences between the claimed subject matter and the prior art are such that the subject matter, as a whole, would have been obvious at the time the invention was made to a person of ordinary skill in the art to which said subject matter pertains.

Kate Lowenhar-Fisher, Chief Legal Officer of Everi, said: “Everi is gratified that after reviewing all of the facts and testimony, the PTAB found in our favor. As with all litigation there is uncertainty and additional appeals may be forthcoming. Our company will continue to provide its best-in-class technology while respecting the valid intellectual property rights of others.”

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