Scott Kelly
The Magic of Patents: Wizard101 and How Patents on Game Mechanics Have Evolved – Part 3
This post is part 3 of our three-part series exploring patents on game mechanics through the lens of Wizard101. In Part 1, we looked at a patent related to pure gameplay mechanics. In…
The Magic of Patents: Wizard101 and How Patents on Game Mechanics Have Evolved – Part 2
Part 1 of our three-part series exploring patents on game mechanics through the lens of Wizard101 looked at something that feels like more of a pure gameplay patent, relating to how combat…
The Magic of Patents: Wizard101 and How Patents on Game Mechanics Have Evolved – Part 1
Video games are as much technology as they are art. And patents are how innovators protect new and useful (fun!) technology. One important area of innovation in games is new and engaging…
Respawned: Patent Arcade is back in the game!
We here at the Patent Arcade have been afk for too long. But no longer! After a two-year hiatus, we’re relaunching our blog dedicated to video game intellectual property news, insights, and…
Infernal Tech. Case Emphasizes Need for Caution When Parts of a Patent Claim Refer Back to Earlier Language
Infernal Technology, LLC v. Activision Blizzard Inc. Case No. 2021-2349 Decided: January 24, 2023 The Federal Circuit issued a decision on January 24, 2023 stating that a collection of Activision Blizzard’s video…
Recent Video Game Patent Trends at the EPO
Friend of the blog Tom Hamer, of European IP firm Kilburn & Strode, recently posted an article exploring patent filing trends at the EPO related to video game technologies. He found that…
New Game Law Journal – Interactive Entertainment Law Review (and read our article!)
If you’ve ever been to Queen Mary’s excellent More than Just a Game events, you have probably heard of the new Interactive Entertainment Law Review journal launched by Profs. Dimita, Mimler, and…
Gamevice v Nintendo – Let’s try this again, at the ITC
Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof International Trade Commission, Inv. No. 337-TA-1111 -and- Gamevice, Inc. v. Nintendo Co., Ltd. et al CAND-3-18-cv-01942 Last year, we reported…
AM General Sues Activision over Humvees in Call of Duty
AM General LLC v Activision Blizzard Inc et al, FIled November 7, 2017, SDNY, No. 17-08644. AM General—the maker of HUMVEE vehicles—has sued Activision over Call of Duty’s inclusion of HUMVEE vehicles…
Game Companies Using Inter Partes Reviews (IPRs) As Part of Litigation Strategy
We’ve previously written with updates about inter partes reviews (“IPRs”), where an accused infringer files a petition with the US Patent and Trademark Office arguing that the asserted patent should’ve never been…
Atari sues Nestle over Breakout Advertisement
Atari Interactive, Inc. v. Nestlé, SA No. 3:17-CV-04803-SK (N.D. Cal. Aug. 17, 2017) On August 17, 2017, Atari Interactive sued Nestlé, alleging that a Nestlé KIT KAT® advertisement titled “Kit Kat:…
Another Nintendo Switch Lawsuit, this time against GameStop
Wireless Accessory Retaining, LLC v. GameStop Corp. No. 2:17-CV-167-RWS (N.D. Ga. Aug. 9, 2017) Fresh on the heels of Gamevice’s lawsuit against Nintendo, which we discussed in a previous post, Wireless Accessory…
Wikipad Creator GameVice sues Nintendo over the Nintendo Switch
Gamevice, Inc. v. Nintendo Co. No. 2:17-CV-05923 (C.D. Cal. Aug. 9, 2017) On August 9, 2017, Gamevice – perhaps best known for the Wikipad and slide- and snap-on cell phone controllers for…
Affirmed – White Knuckle Gaming v Electronic Arts
We previously reported on White Kunckle’s assertion of U.S. Pat. No. 8,540,575 against EA. Last year, EA secured a win against the patent under 35 USC 101 when the District of Utah…
Activision loses data retrieval patent under 35 USC 101
Activision Publishing, Inc. v. xTV Networks LTD., et al. Central District of California CV 16-00737 Order dated July 25, 2016 On Monday, another patent fell to the great patent slayer – 35…
New Cases – Harmonix v. AI Automation (Rock Band 4)
Harmonix Music Systems, Inc. and Mad Catz, Inc. v. AI Automation LLC District of Massachusetts, Case No. 15-CV-14138 Filed December 14, 2015 and AI Automation LLC v. Harmonix Music Systems, Inc., Mad…
New Cases: Virtual Gaming Technologies v. Activision Blizzard. and Konami Gaming
Virtual Gaming Technologies, LLC v. Activision Blizzard, Inc. and Konami Gaming, Inc. Eastern District of Texas, Cases No. 2-15-cv-02074 and 2-15-cv-02075 Filed December 14, 2015 Plaintiff Virtual Gaming accuses Activision, Konami, and…
Baby Murlocs and Work For Hire – Activision Blizzard fighting Appeal of Copyright Case
Amanda Lewis v. Activision Blizzard, Inc Ninth Circuit, Case No. 13-17391 Appeal Filed 11/21/2013 From NDCA Case No. 12-cv-01096 Back in November 2010, a former World of Warcraft game master sued Blizzard…
IPRs Instituted against Worlds Inc Patents, filed by Bungie
It has been a while since we wrote about Worlds, Inc. and their patents directed to receiving position information for avatars in virtual spaces. When we last wrote, it appeared as though…
Appeal: Secure Axcess, LLC. v. Nintendo of America Inc.
Secure Axcess, LLC. v. Nintendo of America Inc. United States Court of Appeals for the Federal Circuit Filed December 2, 2015 Case No. 2015-1971 As you may recall from an earlier post,…