# Appeals court upholds dismissal of patent lawsuit against Live Nation, Ticketmaster, MLB, and Phish, after plaintiff failed to oppose bids to throw it out

- URL: https://talkfuse.com/story/appeals-court-upholds-dismissal-of-patent-lawsuit-against-live-nation-ticketmaster-mlb-and-phish-after-plaintiff-failed-to-oppose-bids-to-throw-it-out/
- Published: 2026-10-28T11:38:34+00:00
- Updated: 2026-10-28T12:50:48+00:00
- Original publisher: Music Business Worldwide
- Original article: https://www.musicbusinessworldwide.com/appeals-court-upholds-dismissal-of-patent-lawsuit-against-live-nation-ticketmaster-mlb-and-phish-after-plaintiff-failed-to-oppose-bids-to-throw-it-out/
- Topics: Music

## Key points

- Appeals court upheld dismissal of Gurvey’s patent lawsuit.
- She did not oppose dismissal motions, even after an extension.
- The court said her arguments were waived on appeal.

## Summary

A US appeals court has upheld the dismissal of Amy Weissbrod Gurvey’s patent lawsuit against Live Nation, Ticketmaster, Major League Baseball and other defendants. The court said Gurvey had waived her appeal arguments by failing to oppose the dismissal requests in the lower court, despite receiving an extended deadline.

Gurvey’s 2023 case alleged that defendants infringed patents for a ticketing and sports betting management system, or conspired to do so or to deny her access to the courts. Most claims were dismissed in September 2024; the remaining claim against Baker Botts was dismissed in March 2025, with the district court citing the Noerr-Pennington doctrine. The Federal Circuit also said Gurvey had not challenged that finding on appeal.

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Summarised by TalkFuse (https://talkfuse.com/). Quote the original publisher for the reporting and link this page for the summary and discussion.