News & Analysis as of September 22, 2024

Patent-Eligible Subject Matter › Video Games

+ Follow

Patent-Eligible Subject Matter refers to the types of inventions that can be legally patented. The criteria for patentability varies depending on the jurisdiction. In the United States, for instance, if a researcher discovers a naturally occurring substance, the substance itself cannot be patented. This issue was examined in a United States Supreme Court case, AMP v. Myriad, in regard to the patentability of human genes. less -

Red Flag Raised: E-Motosport Patent Ineligible Under Section 101

Holland & Knight LLP on 9/22/2022

In Integrated Technology Solutions v. iRacing.com Motorsport Simulations, 2022 WL 4356494, (D. Mass. Sept. 20, 2022), plaintiff ITS asserted at least U.S. Patent No. 10,046,231 claim 15 against iRacing. That claim reads...more

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

Akerman LLP on 8/18/2020

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

Video Gaming / E-Gaming Law Update - June 2020

Skadden, Arps, Slate, Meagher & Flom LLP on 7/13/2020

Does My Video Game Violate Consumers’ Privacy Rights? The California Consumer Privacy Act (CCPA) is the first broad-based state statute aimed at enhancing personal privacy rights for consumers. Following the example set by...more

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

Akin Gump Strauss Hauer & Feld LLP on 6/18/2020

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

Barbaro Technologies, LLC v. Niantic, Inc. (N.D. Cal. 2020)

McDonnell Boehnen Hulbert & Berghoff LLP on 5/29/2020

Claims for an Interactive 3D Virtual Environment Found Patent Ineligible - In the field of computer gaming, the U.S. District Court for the Northern District of California recently granted Defendants' Rule 12 motion...more

Video Gaming / E-Gaming Law Update – November 2019

Skadden, Arps, Slate, Meagher & Flom LLP on 11/13/2019

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

“Addressing Video Game Claims Under the Phillips Standard at the PTAB”

Sheppard Mullin Richter & Hampton LLP on 8/27/2019

Last fall, the PTAB modified its procedures for IPR claim construction, eliminating the use of the broadest reasonable interpretation standard. Since the rule change last year, companies challenging the validity of patents at...more

Challenges in Filing Successful IPR Petitions for Video Game Patents

Sheppard Mullin Richter & Hampton LLP on 1/4/2019

Video game patents being asserted in litigation are frequently challenged by defendants at the Patent Trial and Appeals Board by filing a petition requesting inter partes review (IPR), post-grant review (PGR), or (less...more

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

McDonnell Boehnen Hulbert & Berghoff LLP on 11/7/2018

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

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

Sheppard Mullin Richter & Hampton LLP on 9/15/2017

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

Intellectual Property Bulletin - Fall 2016

Fenwick & West LLP on 11/17/2016

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

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

Polsinelli on 9/21/2016

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

Federal Circuit Highlights Claim Construction in Patent Eligibility Analysis

Troutman Pepper on 9/19/2016

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

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

McDonnell Boehnen Hulbert & Berghoff LLP on 9/14/2016

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

14 Results

View per page

Page: of 1

Patent-Eligible Subject Matter › Video Games

"My best business intelligence, in one easy email…"