Summary:

The RE41,331 patent describes a method for playing interactive, computerized card games. The cards are dealt by a computer and the betting is generated by the computer software. The program is written to have a time limit on betting. Each player who wants to play uses a computer to connect to the network where they can join up with other human players or stick to playing computer players. The network records the player’s name, IP address, and requested playing session.  The games continue until all player either leave, lose all of their money, or win the game.

Abstract:

A method of playing an interactive, computerized, multi-player card game in which desired cards are selected by players, some of which may be virtual players generated by the game's software. Each real player uses a computer or similar device that is connected to a network. Virtual player card selection and betting is controlled by computer software. After each player has selected a card in a round, computer software determines what card each player is dealt. Null cards having no value in the scoring are dealt when there is a conflict in card selection or when a player fails to select a card within a time limit. The games follow the rules of poker.

Illustrative Claim:

1. In a communications network, a method for playing an interactive, network-based card game comprising: a) establishing a connection between at least one client software program for a game of cards, said client software program running on a player's computer connected to a network, and a server software program for the game, said server software program running on a computer acting as a server and connected to the network, said connection enabling the player to join a playing session populated with other players selected from a group consisting of real and virtual players, the real players using separate computers connected to the network, each computer running another instance of the client software program, each instance of client software connected to the server software, and the virtual players generated and controlled by the game's server software, said game including the following steps: i) selecting at the player's computer a card from a deck of playing cards, said deck of cards the same for all players in the playing session; ii) communicating the identity of said card to the dealer controlled by the server software; iii) receiving at the player's computer a message from the server software identifying a card from the dealer, said card selected by the dealer from the group consisting of: A) the player's selected card; and B) a null card; iv) displaying at the player's computer the card dealt to that player; v) displaying at the player's computer any face-up cards that have been distributed to other players; vi) communicating a bet to the server software during the betting rounds; vii) receiving at the player's computer software notification of bets made by other players via a message from the server software; viii) repeating steps i--vii until a predetermined number of cards are delivered to each player and betting is concluded; ix) identifying the player with the best hand of cards according to predetermined rules of play via a message from the server software; x) receiving a score based on the player's hand at the player's computer via a message from the server software, said score calculated according to predetermined rules of play; xi) repeating steps i--x until the playing session ends; and b) closing the connection between the player's client software program and the server software to terminate session play.

Summary:

The ‘946 patent provides a way to identify opposing player’s skill levels during online play. The invention calls for using facial recognition which is directly tied to a player’s skill. Before a match the player submits a facial picture which will be shown to his opponent. The picture will change based on the outcome of the game. This way a player is identified not only by his username but also by a picture. The invention offers a quick scan method of determining an opponent’s skill level since all the player has to do is glance at the picture and he will know the level of his opponent.

Abstract:

On a server, face image is registered and updated according to the player's skill-level. Specifically, as personal information, not only registration of user's address, name, or pen name, but also face information is registered and changed according to the game result. Therefore, this permits a quick visual recognition of the previous game result. As the result, when performing a battle game between terminals, the player can understand the competitor's skill-level.

Illustrative Claim:

1. A game method with which a game player connects to a server by using a terminal and plays a game on the server, the method including the steps of: before starting the game on the server, making the game player register a face image information as personal information; changing the face image information according to the game result; and using the changed face image information as face information of the next game.

This case is still ongoing and has since been transferred from the Eastern District of Texas to the Northern District of California as of April 20, 2012. Digital Reg's claims against AVG Technologies regarding U.S. Patent No. 6,389,541 have been dismissed with prejudice as have AVG's counterclaims. Valve Corporation has also had all claims of infringement and counterclaims dismissed with prejudice as of May 23, 2013.

The most recent developments in the case regard discovery disputes between Digital Reg and Adobe as well as EA. Digital Reg is seeking royalties for the infringed patents, and requests EA's financial information regarding their Origin platform for distributing online games. EA maintains that Origin is a free-to-use platform, and since EA's computer games are not allegedly infringing, the financial information regarding Origin would have only marginal relevance.

The case has also been docketed for trial beginning on January 13, 2014, with jury selection to take place on January 6, 2014. We will continue to monitor this case and provide updates regarding any major developments.

Yesterday there was an Op-Ed in the New York Times presenting the opinion that District Court Judges should use already existing portions of the law more often to shift fees in patent troll litigation.  The writers point out that in 3000 cases analyzed, in only 20 of them were fees shifted to the plaintiff.  Fee shifting refers to when the court requires the Plaintiff  to pay all or some of the Defendant's legal fees to defend the lawsuit in the first place.  Its an interesting, and quick, read.  But what makes it REALLY interesting is that it was penned by Judge Randall Rader, Chief Judge of the Federal Circuit Court of Appeals (which hears all patent lawsuit appeals), along with two others.  If you are a defendant that appeals a patent case and part of your appeal is fee shifting, cross your fingers that Judge Rader is on your panel.  I also wonder how many District Court judges will see the op-ed and give it any consideration in future fee shifting analyses.

Read the full Op-Ed here.

Summary:

The ‘383 patent provides a system in a racing game where the player can simulate either the whole race or a portion of the race. If a player simulates a race (or only a portion of it) the game will calculate the probability of certain events and, using real-world statistics, can simulate the most realist race possible. The computer randomly generates common racing events such as crashes, spinouts, and debris on the track. Each of the computer-controlled drivers have their own attributes (based on the real-life racers they are modeled after) which ensures that each car acts in its own way during the race. Thus, each race will be different depending on what situations arise. A player has the option of simulating the whole race before the race begins, but he can also manually race for part of the race and then simulate until the end if he needs to move on and does not have time to complete the race.

Abstract:

A simulation module simulates events that may occur during a cautionary period based on, e.g., current relative position of vehicles, vehicle and driver attributes and current game statistics for vehicles, and compiles new statistics and attributes that are used in the resumed race. A full race simulation option and a partial race simulation option are also provided. For example, in a season mode, the simulation module simulates events that may occur during a race and compiles statistics that can be used later, e.g., in a later race, for season standings, etc. A complete race may be simulated, or a partial race may be simulated, for example, if a user desires to terminate a race before it is finished, using the compiled statistics, and a new set of statistics compiled to track the simulated race events. Real world statistics are imported and used in some aspects. For example, real world standings, performance statistics and attribute information are stored in a database and are used as a basis for AI-controlled vehicle performance and AI-generated simulation results.

Illustrative Claim:

1. A method of simulating game state changes responsive to an interrupt condition in a computer-implemented racing game, comprising: generating an interrupt condition during game play of the racing game at a first game state, the first game state having a first set of statistics associated therewith; responsive to said interrupt condition, interrupting game play and calculating a second set of statistics associated with a second game state by simulating events that occur after the first game state based on the first set of statistics; and wherein the second game state is a completed game state, and wherein the second set of statistics includes statistics associated with a completed race.

While not strictly an IP case, its close enough that we will monitor it and provides updates regarding major developments.

Summary:

The ‘577 patent describes a racing game which allows players to join and leave the game at will without affecting the other players’ experience. The racing game is an endurance race where many vehicles run for long periods of time. Since the vehicles are continuously running on the track, a player can select a vehicle and join a race in progress. Players receive points based upon the number of cars they can pass. Thus, since points are awarded based on personal achievements the player is not hindered by other players joining mid-game. Whenever a race is completed the players are ranked based upon their finishing positions. A player who wins a race is considered a “survivor” and will keep his place in the race whenever a new batch of competitors joins. Players who finish in other positions may be kicked from the server because of their poor performance.

Abstract:

An object is to provide a free-entry type of race game apparatus wherewith a player can join at any time. This is a race game that simulates an endurance race in which many vehicles run for a long period of time. The vehicles are continually running on the track (ST 1), from which number a player selects any vehicle at will (ST 3) and joins the race in progress (ST 4, 5). The game is terminated on the basis either of a pass count indicating the number of cars passed (or passed by) (ST 6), or a limiting time (ST 7).

Illustrative Claim:

1. A game system comprising: game execution means for enabling a plurality of players to join together and compete in a common game; a pseudo game for permitting other players different from said plurality of players to join the common game after the common game has started so as to experience the same game session as the plurality of players by playing a substantially identical game session, wherein scores of said other players do not affect a score ranking of said plurality of players competing in said common game; player setting means that, when competition of a certain scope in the common game has been concluded, reflect a plurality of competition results of said plurality of players for said common game and automatically set a new plurality of players which includes said other players and a number of said plurality of players selected based upon the plurality of competition results; and game perpetuating means for causing said automatically set plurality of players to automatically participate in said common game and for perpetuating said common game; wherein said player setting means include judgment means for determining a finish of said certain scope of said common game, determination means for determining results of said common game when said finish has been determined, and setting means for setting said new plurality of players for said common game after comparing the results of said common game against predetermined conditions.