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Gaming Patents

Holland & Knight LLP

Section 101 Patent Eligibility Roundup: It's Been Too Long

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It's been a while since I last posted, and I apologize for that. (If interested, here's an alert about what's kept me away: a CFAA trial we wrapped up in late July.) But I am back, so let's look at the latest on the Section...more

Jones Day

PTAB Doubles Down on Interference Estoppel Issue

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The Patent Trial and Appeal Board held all challenged claims of IGT’s patent unpatentable as obvious over two prior art patents. Zynga Inc. v. IGT, IPR2022-00199-32. In doing so, the PTAB further held that, contrary to...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2023 #2

Ironburg Inventions Ltd. v. Valve Corp., Appeal Nos. 2021-2296, 2021-2297, 2022-1070 (Fed. Cir. April 3, 2023) In this week’s Case of the Week, the Federal Circuit provided new guidance in applying the estoppel...more

Sheppard Mullin Richter & Hampton LLP

Too Many Bites at the Apple?

When a patent owner loses at the International Trade Commission (“ITC”), can it hire new counsel and try again in district court? That question will be answered in Gamevice, Inc. v. Nintendo Co., Ltd. et al, No. 3-18-cv-01942...more

Knobbe Martens

Federal Circuit Review - October 2021

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No Assembly, No Infringement – Federal Circuit Declines to Expand the “Final Assembler” Theory of Direct Infringement In Acceleration Bay LLC v. Take-Two Interactive Software, Appeal No. 20-1700 the Federal Circuit held that...more

Knobbe Martens

No Assembly, No Infringement – Federal Circuit Declines to Expand “Final Assembler” Theory of Direct Infringement

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ACCELERATION BAY LLC v. TAKE-TWO INTERACTIVE SOFTWARE - Before Moore, Reyna, and Hughes.  Appeal from the United States District Court for the District of Delaware.  Summary:  The “final assembler” theory of direct...more

Knobbe Martens

Federal Circuit Review - July 2021

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District Court’s Pleading Standard Returns an Error Code in PS4 Battle - In Bot M8 LLC v. Sony Corporation Of America, Appeal No. 20-2218, the Federal Circuit held that the district court’s view that infringement...more

Knobbe Martens

District Court’s Pleading Standard Returns an Error Code in PS4 Battle

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BOT M8 LLC v. SONY CORPORATION OF AMERICA - Before Dyk, Linn, and O’Malley.  Appeal from the United States District Court for the Northern District of California - Summary: The district court’s conclusion that...more

Saul Ewing LLP

The Rise of Mobile Gaming and Esports Gambling With Guest Anthony Gaud of G3 Esports

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In this episode of “Lawyers With Game,” host Darius Gambino of Saul Ewing Arnstein & Lehr’s Video Gaming and Esports Practice talks about mobile gaming and esports gambling with colleague Mark Simpson, also in the firm’s...more

Sheppard Mullin Richter & Hampton LLP

Hello Again, Worlds: A Failed Gaming IPR Leads to § 101 Success

The tides have turned again in the litigation campaign against gaming companies by Worlds, Inc., who many may recognize as one of the named parties in often-cited Federal Circuit case law on real-parties in interest (“RPI”)....more

Sheppard Mullin Richter & Hampton LLP

ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials

While most patent disputes involving gaming companies are located in district courts, the ITC remains a viable option for at least some gaming disputes, where a patent owner can have the U.S. government bar importation of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update - March 2020

The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more

Skadden, Arps, Slate, Meagher & Flom LLP

Video Gaming / E-Gaming Law Update – November 2019

Main Quest: Does Your Gaming Stream Violate the Copyright Act? Streaming platforms, such as Twitch, Mixer and YouTube Gaming, are quickly becoming household names, with daily viewership rates that rival those of more...more

Holland & Knight LLP

Game Over: Multiplayer Gaming Patent Found to be an Abstract Idea

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Judge Maryellen Noreika (D. Delaware) has been very active since receiving her judicial commission less than a year ago, including already issuing a handful of Section 101 opinions. In Sandbox Software v. 18Birdies, she holds...more

Nutter McClennen & Fish LLP

No Dice for Gaming Patent Under 35 U.S.C. § 101

Over the years, patents have issued on numerous games, including iconic favorites such as Monopoly® (1935), Battleship® (1935), Rubik’s Cube® (1983), Rock'em Sock'em Robots® (1966), Twister® (1969), and Simon® (1979)....more

McDonnell Boehnen Hulbert & Berghoff LLP

Konami Gaming, Inc. v. High 5 Games, LLC (D. Nev.)

Slot Machine Patent Invalidated As Being Directed to Ineligible Subject Matter - Konami sued High 5 Games for patent infringement of U.S. Patent Nos. 8,096,869; 8,366,540; 8,662,810; and 8,616,955. The '869 patent, which...more

Fenwick & West LLP

Intellectual Property Bulletin - Winter 2018

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Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case - In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more

Patterson Belknap Webb & Tyler LLP

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...more

Knobbe Martens

Knobbe Martens Client Game Show Network Wins Affirmance of IPR Decision

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On December 15, 2015, the U.S. Court of Appeals for the Federal Circuit affirmed the Patent Trial and Appeal Board's decision that a computerized gaming patent owned by John Stephenson, allegedly a competitor of Game Show...more

Pillsbury - Internet & Social Media Law Blog

Shielding Your Patent from “Abstract” Reasoning

Patents related to games are facing new challenges for being too “abstract,” but a recent court ruling highlights the limits to this line of attack. Last year, the Supreme Court reinvigorated a body of law that defines the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Planet Bingo, LLC v. VKGS LLC (Fed. Cir. 2014)

Planet Bingo is the assignee of U.S. Patent Nos. 6,398,646 and 6,656,045, both directed to computer-implemented methods and systems for managing bingo games. Planet Bingo filed an infringement action in the United States...more

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