The Federal Circuit grilled lawyers over the validity of a patent for a “Tic-Tac-Fruit” game meant to incorporate just enough elements of skill to skirt state anti-gambling laws.

Georgia-based patent owner Savvy Dog Systems LLC accused rival gaming-terminal company Pennsylvania Coin LLC of copying its patented technology for a tic-tac-toe based game in a 2019 lawsuit. The company’s case, however, foundered when a judge in the US District Court of Middle District of Pennsylvania concluded Savvy’s Dog’s “way to side-step gambling laws is not a technological advancement.” As a result, that court said the patent failed Section 101 of the …