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Lawsuits

Sony Interactive Entertainment files Inter Partes Review of 3D Video Patent

On Feb. 1, Sony Interactive Entertainment, LLC (“Sony”) filed a Petition for Inter Partes Review of U.S. Patent No. 9,503,742 (the “’742 Patent”).  The prosecution history of the ’742 Patent is not…

35 USC 102 35 USC 103 inter partes review ipr
Lawsuits

Pokémon GO Creator Niantic, Inc. sued for Augmented Reality Patent Infringement

On January 30, 2018, Barbaro Technologies, LLC (“Barbaro”) sued Niantic, Inc. (“Niantic”) for the alleged infringement of U.S. Patent Nos. 7,373,377 and 8,228,325. Barbaro’s asserted patents are generally directed to integrating real-world…

augmented reality barbaro technologies Barbaro Technologies v. Niantic California
Lawsuits

Bankers & Brokers Loses Big on Card Game Patent Claims in New Jersey

On January 17, 2018, U.S. District Judge John Michael Vazquez of the District of New Jersey dismissed all patent infringement claims asserted by Joseph Scibetta (a/k/a “Bankers & Brokers”) (“Scibetta”), against Slingo,…

35 USC 101 Alice Bankers & Brokers Bankers & Brokers v. Slingo
Lawsuits

Photographer sues IGN over Pokémon GO Photo

On January 12, 2018, photographer Christopher Sadowski sued IGN Entertainment, Inc. (“IGN”) for copyright infringement.  The copyright in question: a photograph of the Pokémon GO homepage on Sadowski’s cell phone, similar to (but…

Christopher Sadowski v. IGN Copyright IGN Internet
Lawsuits

Epic sues (another) alleged Fortnite Hacker

On January 8, 2018, Epic Games, Inc. (“Epic”) continued its legal crusade against alleged Fortnite hackers by suing Yash Gosai, a resident of Auckland, New Zealand, for copyright infringement, breach of contract,…

Cheating Copyright Digital Millennium Copyright Act DMCA
Lawsuits

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…

AM General v Activision Blizzard Trademark
Lawsuits

Blizzard files Inter Partes Review re: World of Warcraft Mounts, Citing Dungeons and Dragons

On November 6, 2017, Activision Blizzard, Inc. (“Blizzard”) filed a petition for inter partes review (“IPR”) against Game and Technology Co. Ltd. (“GAT”).  Blizzard is challenging claims 1-7 of U.S. Patent No.…

blizzard dungeons and dragons game and technology inter partes review
Lawsuits

Epic Games files a Fourth Suit against Alleged Fortnite Hackers

October 27, 2017, Epic Games, Inc. (“Epic”) sued three foreign individuals–James Mendes, Konstantin Vladimirovich Rak, and Oleksey Olekseevich Stegailo–for copyright infringement, trademark infringement, false designation of origin, breach of contract, and, under…

Battle Royale Cheating Digital Millennium Copyright Act DMCA
Lawsuits

Epic Games sues two more alleged Fortnite hackers

On October 17, 2017, Epic Games sued Philip Josefsson and Artem Yakovenko for copyright infringement, trademark infringement, false designation of origin, breach of contract, and, under California law, unfair competition. The allegations…

Artem Yakovenko Battle Royale Brandon Broom California
Lawsuits

Epic sues alleged Fortnite hackers Brandon Broom and Charles Vraspir

On October 11, Epic Games, Inc. and Epic Games International (“Epic”) sued individuals Brandon Broom and Charles Vraspir in two separate suits (5:17-CV-0511 and 5:17-CV-0512) for copyright infringement, circumvention of the Digital…

Brandon Broom Charles Vraspir Cheating contract
Lawsuits

Landmark Networks sues Nintendo over eShop

On October 4, 2017, Landmark Networks, LLC (“Landmark”) sued Nintendo Co. and Nintendo of America (“Nintendo”) for alleged infringement of two networking patents: U.S. 6,856,966 and U.S. 6,018,720.  Landmark asserts that certain…

Lawsuits

iLife wins $10.1 M from Nintendo

On August 31, 2017, a Northern District of Texas jury awarded plaintiff iLife Technologies, Inc. (“iLife”) $10.1 million from Nintendo of America, Inc. (“Nintendo”) for patent infringement. The accused products included Wii…

Northern District of Texas patent plaintiff iLife Technologies v. Nintendo of America
Patent Analysis

U.S. Patent No. 8,000,581: Advertisement scheme for use with interactive content

  U.S. Patent No. 8,000,581: Advertisement scheme for use with interactive content   Issued August 16, 2011, to Sony Computer Entertainment America LLC Summary: For anyone who’s ever been interrupted from playing…

Analysis

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…

Lawsuits

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:…

Atari v. Nestle Copyright Trademark
Lawsuits

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…

patent Wireless Accessory Retaining v. Game Stop Corp
Lawsuits

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…

Analysis

Supreme Court Not A Fan Of Trademark Ban – A Reasoned Analysis of Matal v. Tam

SUPREME COURT NOT A FAN OF TRADEMARK BAN By R. Gregory Israelsen On Monday, June 19, 2017, the Supreme Court held in Matal v. Tam[i] that the disparagement clause of the Lanham Act violates the…

Lawsuits Matal v. Tam SupremeCourt Trademarks
News

Babbling Prodigiously and Incoherently – Lanham Act Disparagement Clause Ruled Unconsitutional

BREAKING NEWS: Lanham Act Held Partially Unconstitutional Today the United States Supreme Court held that the disparagement clause of the U.S. Trademark Act (also known as the Lanham Act) is unconstitutional.  In…

Lawsuits

Digital Reg of Texas, LLC v. Adobe

 Digital Reg of Texas, LLC v. Adobe Systems Incorporated et al. U.S. District Court, Northern District of California Case No. 3:12-cv-01971-NC, Filed April 20, 2012       As reported previously, Digital…

Digital Reg of Texas v. Adobe Northern District of California patent