Casino games haven’t changed too much since James Bond first took a seat at the Royale-les-Eaux casino in the early 1950s. While Texas Hold ‘Em may have surpassed baccarat, the staples—blackjack, craps and roulette—have reigned supreme for decades. In an industry with such stable margins, one could be forgiven for assuming that there is no drive (and, in fact, no need) for innovation in casino gaming.

As a matter of fact, it is not the resources of the players but the rules of the game that may be stifling invention in the gaming arts. The U.S. Court of Appeals for the Federal Circuit’s recent decision in In re Marco Guldenaar Holding B.V., No. 2017-2465 (Fed. Cir. Dec. 28, 2018) illustrates the long odds gaming innovators have on obtaining patent protection for their original games.