News & Analysis as of

Video Games Patent Infringement Patents

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - July 2024 #3

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Dick’s Sporting Goods Inc. and a man who claims he suffered permanent eye damage because of a defective golf practice net bought from the company are asking a Georgia federal judge to keep his litigation on hold while they...more

Jones Day

CAFC: Nearly Identical Reference is Prior Art

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In the recent precedential Federal Circuit decision Valve Corporation v. Ironburg Inventions Ltd., No. 2020-1315, 2020-1315, 2020-1379, 2021 WL 3628664 (Fed. Cir. August 17, 2021), the Federal Circuit ruled on an issue that...more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – February 2021

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This month, the Eastern District of Texas issued four opinions across two cases that considered motions to strike portions of expert reports that were based on allegedly untimely disclosures....more

Fish & Richardson

EDTX & NDTX Monthly Wrap-Up – December 2020

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This post summarizes some of the significant developments in the Northern District of Texas and the Eastern District of Texas for the month of December 2020. Uniloc 2017 LLC v. Google LLC, No. 2:18-cv-00493-JRG-RSP (E.D....more

Akerman LLP

Not All Smiles for McRO Even Though Federal Circuit Vacates Invalidity Based on Enablement

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The Federal Circuit affirmed a California district court's judgment of noninfringement but vacated its judgment of invalidity for lack of enablement since the defendants' proposed non-enabling facial animation techniques did...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Affirms Rule 12(b)(6) Dismissal Because the Patent Was Directed to the Patent-Ineligible Abstract Idea of Teaching...

The Federal Circuit recently affirmed a district court’s dismissal because the claims directed to an interactive video game for learning to play guitar were patent-ineligible under 35 U.S.C. § 101. In its ruling, the court...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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2019 #3

PATENT CASE OF THE WEEK - Forum US, Inc. v. Flow Valve, LLC, Appeal No. 2018-1765 (Fed. Cir. June 17, 2019) - Our case of the week features a rarely visited rule concerning reissue patents—the “original patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Blackbird Tech LLC v. Niantic, Inc. (D. Del. 2018)

Video Game Patent Found to be Patent Eligible - In the U.S. District Court for the District of Delaware, Plaintiff (Blackbird) sued Defendant (Niantic) alleging infringement of U.S. Patent No. 9,802,127. Niantic filed the...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2018 #2

PATENT CASE OF THE WEEK - Worlds Inc. v. Bungie, Inc., Appeal Nos. 2017-1481, -1546, -1583 (Fed. Cir. Sept. 7, 2018) In appeals from three inter partes reviews, the Federal Circuit vacated the PTAB’s decision...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

Akin Gump Strauss Hauer & Feld LLP

PTAB Institutes IPR Despite Potential Time Bar to Petition

On October 6, 2017, the Patent Trial and Appeal Board (the “Board”) granted institution of inter partes review under 35 U.S.C. § 103(a) of claims directed to an online game. Notably, institution was granted despite the Board...more

Sheppard Mullin Richter & Hampton LLP

Video Game Network Patent Found to Be Patent Eligible – Not an Abstract Idea

The Federal District Court in Delaware recently denied a motion to dismiss a patent infringement case involving a video game networking technology patent based on the patent allegedly being invalid for lack of...more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2016

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Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

Polsinelli

Automatic Animation Software Method Found Patentable under 35 U.S.C. § 101

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Since the Supreme Court's decision two years ago in Alice v. CLS Bank, courts and the U.S. Patent and Trademark Office have found a large percentage of software and computer-related inventions to claim abstract ideas and not...more

Troutman Pepper

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

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The case demonstrates that the eligibility analysis is highly fact-specific and dependent on properly construed claims. In McRO, Inc. v. Bandai Namco Games America Inc., a panel of the U.S. Court of Appeals for the...more

McDonnell Boehnen Hulbert & Berghoff LLP

McRO, Inc. v. Bandai Namco Games America Inc. (Fed. Cir. 2016)

Patentee McRO sued a number of video game developers and publishers in the Central District of California and the District of Delaware for alleged infringement of U.S. Patent Nos. 6,307,576 and 6,611,278. Several of the...more

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