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In an interesting development in the ongoing dispute between Harmonix and Konami over the hammer-on technology in the Rock Band/Guitar Hero games, they have filed a JOINT motion to stay proceedings:

Date # Docket Text
1/27/2010 57 Joint MOTION to Stay Proceedings by Harmonix Music Systems, Inc..(McConchie, Scott) (Entered: 01/27/2010)

Could a settlement be in the works?

This is only one of two cases between the parties, and the other case is proceeding full steam ahead, with pleading just having been finished with respect to a Summary Judgment motion:

Date # Docket Text
1/26/2010 239 ORDER Setting Hearing on Motion 213 MOTION to Strike Defendants' Supplemental Invalidity Contentions and Preclude the Assertion of Invalidity Defenses Not Properly Disclosed Therein. Motion Hearing set for 2/17/2010 10:00 AM before Magistrate Judge John D. Love. Dispositive Motions due by 2/26/2010 with Responses due March 15, 2010. Signed by Magistrate Judge John D. Love on 1/26/2010. (gsg) (Entered: 01/26/2010)
1/25/2010 238 SUR-REPLY to Reply to Response to Motion re 218 MOTION for Partial Summary Judgment for Indefiniteness filed by Konami Digital Entertainment Co, Ltd., Konami Digital Entertainment, Inc.. (Edelman, Michael) (Entered: 01/25/2010)

So it's difficult to say what the reason is for the Stay Proceedings motion, but it is interesting nonetheless. That's it for now. Stay tuned...
On January 21st, LottoTron, Inc. filed a complaint against eleven Costa Rican entities alleging infringement of U.S. Patent No. 5,921,865 entitled “Computerized Lottery Wagering System.” As previously reported, LottoTron has asserted infringement of the same patent against other entities over the past few years. The Complaint, filed in the District of New Jersey, does not specifically identify which claims were infringed, but alleges that the operation of “interactive gaming websites directly infringes the claims of the ‘865 patent in violation of 35 U.S.C. §271(a).” The Complaint further alleges that the Costa Rican entities have “also induced and contributed to the infringement of the claims of the ‘865 patent by others.”

The patent has two independent claims (claims 1 and 8) and fifteen dependent claims. Claim 1 is directed towards a wagering system and claim 8 is directed towards a method of automatically accepting different wagering formats. The two independent claims are reproduced below.

1. A wagering system for automatically accepting wagers comprising:

a) communications means for receiving communications from subscribers, said communications means including computer means and a wireless link;

b) message means connected to said communications means for receiving the incoming communications routed from said communication means and for providing a series of messages requesting subscriber information particular to one of the plurality of wagering formats; and

c) computer means having storage means connected to said message means for receiving and storing said subscriber wagering information, and assigning a reference number to a wager.


8. Method for automatically accepting a plurality of different wagering formats over a computer system, comprising:

receiving incoming communications from prospective wagerers and routing each of said communications according to which one of said plurality of different wagering formats is requested by a subscriber;

providing a series of messages requesting subscriber wagering information particular to one or more of said plurality of wagering formats;

requesting identification information from said prospective wagerers; and

requesting said prospective wagerers to enter a wager.
The case is LottoTron, Inc. v. SBG Online Casino et. al.,Case 2:10-cv-00337-SRC –MAS, 2:10-cv-0337 (D.N.J. filed January 21, 2010). We will continue to follow this case and the related cases.
I usually don't report press release type stuff, but the LES is an important part of game development. Namely, licensing content is a HUGE part of game creation, design, and development. I should also mention that, while I am not actually a member of this group, others in my firm are. So without further ado...

Licensing Executives Society (USA & Canada) Celebrates 45 Years of Leadership
Serving Members and Promoting the Business of Intellectual Property
Kicks Off Celebration with Membership Awareness Campaign

Alexandria, VA, January 19, 2010—The Licensing Executives Society (USA & Canada) Inc., is celebrating 45 years of leadership in the business of intellectual property (IP) and licensing with the kick-off of a multi-faceted membership awareness campaign designed to recruit new members and encourage membership renewal through exciting programs and incentives.

In honor of its 45th Anniversary, LES is offering members who join before March 31, 2010 a $45 discount on their first year’s dues, a $25 gift card and complimentary attendance at a local LES chapter event. Join now by downloading the membership application at www.lesusacanada.org/45anniversary and emailing to membership@les.org or faxing to 703.836.3107. (Enter promo code LESPR45).

LES is the leading association for professionals involved in the transfer, use, development, manufacture and marketing of IP. It’s unique among professional group because it draws IP leaders from an array of business backgrounds and from across industry sectors. This diversity provides members with highly valuable business connections and world-class professional development opportunities.

“LES is a welcoming community that empowers, connects and celebrates IP professionals,” said Paul Roberts, Vice President for LES Membership. “Whether you’re a veteran or brand new to the field, LES has the reach, global perspective and resources to provide the tools IP professionals need to survive and thrive in today’s competitive marketplace.”

In addition to the advantages provided by its diverse membership in terms of deal making, information sharing and problem solving, LES offers its members unparalleled professional education programs, including the LES Professional Development Series (PDS), and the Certified Licensing Professional Program (CLP).

Through LES, members not only develop lifelong professional and personal relationships, but also build valuable professional networks through LES meetings and Industry Sector Groups, local chapter events, online social media networks and global membership directory. They also receive first-class publications and resources, such as les Nouvelles, the leading international technology transfer and licensing journal of LES International, eNews bulletins, Viewpoints bi-monthly newsletter and original benchmark industry data on deal terms, royalty rates and other aspects of IP business.

In 2010, LES members will enjoy an expanded lineup of new programs designed to further enhance their LES experience.
  • Linking Entrepreneurship and Technology Commercialization: IP for Entrepreneurs & Universities: In keeping with its 2010 theme of “Deals, Deals & More Deals,” the LES (USA & Canada) Spring Meeting will focus on deals in the entrepreneurial and university spaces, known to be hotbeds for innovation and technology advancement. The meeting will be held in Boston, MA, May 18-21.
  • Around the World with LES: A global series of networking and educational events to be held On April 26th spanning five continents, in conjunction with WIPO’s World IP Day.
  • LES Monthly Webinar Series: In addition to the eNews and expanded use of social networking vehicles to keep members informed, LES will also host monthly webinars for members who want to learn more about IP issues and mechanics in the convenience of their offices. Internal negotiations are often as difficult as negotiating with parties across the table. This will be the focus of February’s webinar, Internal Negotiations: “We have met the enemy and they are us!”
For more information on these and other LES events, please visit www.lesusacanada.org and JOIN NOW by downloading the membership application at www.lesusacanada.org/45anniversary and emailing to membership@les.org or faxing to 703.836.3107. (Enter promo code LESPR45.)

# # #

Contact: Lydia Steck, TheCommunicator@comcast.net
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