Appeals court upholds dismissal of patent lawsuit against Live Nation, Ticketmaster, MLB, and Phish, after plaintiff failed to oppose bids to throw it out
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.
In short
- 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.
Explained simply
Patent lawsuits concern whether an invention is protected by a patent and whether others have used it without permission. Ticketing platforms and sports organisations manage sales and access to events, while some systems also handle betting; the case centred on patents Gurvey said covered a system for managing ticketing and sports betting.
Gurvey sued Live Nation, Ticketmaster, Major League Baseball, the band Phish and others in 2023, alleging patent infringement and related conduct. The defendants asked a lower court to dismiss the claims, and a separate claim against law firm Baker Botts was also dismissed under a legal doctrine that can protect efforts to seek government or court action. The case matters because it shows how a party’s response to court filings, and the arguments raised at each stage, can affect whether a lawsuit proceeds.