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U.S. Patent No. 7,635,300: Damage control game program and game machine
Issued Dec. 22, 2009, to Konami

Summary:

The ‘300 patent provides a new way to treat character damage during a game. In past games, a player could heal his character by receiving a power-up (plants in the Resident Evil series).  Once these power ups were ingested, the character’s health would be fully restored. This invention features a new way to restore health—under this invention a character’s health is restored slowly based on what part of his body is injured. Thus, healing will be quicker if only one part of the body is injured, but slower if more parts of the body are hurt.

Abstract:

Game program has a procedure for renewing, for reducing a value of a life power parameter according to volume of damage received and for renewing it, a procedure for setting parameter value, for setting the value of the life power parameter reduced and renewed as a standard parameter value and for storing it in a memory, a procedure for recovering, for increasing the value of the life power parameter by a value of recovery parameter which is set on a recovery item which is instructed to be used by a player and for renewing it, a procedure for reducing, for reducing the value of the life power parameter in the memory which was increased and renewed at a predetermined reduction velocity with the passage of time and for renewing it.

Illustrative Claim:

1. A damage control game program embodied in a computer readable medium being used in a game program, for getting each character to take an action in a game world on the basis of a value of life power parameter which is set on said each character and for displaying said action on a monitor as an image, comprising: an item data file for storing a recoverable value of said life power parameter concerning a recovery item for temporarily recovering said value of said life power parameter of said character, said game program for setting a standard parameter value which shows a wounded state of said character in connection with said life power parameter, and a parameter value which shows present life power of said character; said damage control game program for executing the following procedures, a procedure for renewing life power parameter, for reducing said value of said life power parameter which is set on, said character and is stored in a memory of a computer according to a volume of damage received on said life power parameter of said character in said game world and renewing it; a procedure for setting standard parameter value, for setting said value of said life power parameter reduced and renewed by said procedure for renewing life power parameter as said standard parameter value and storing it in said memory of said computer; a procedure for natural recovery, for expressing a wounded state of said character by gradually successively recovering and renewing said standard parameter value which is stored in said memory by said procedure for setting standard parameter value at a predetermined natural recovery velocity with a passage of time up to a full state of said life power parameter of said character; a procedure for temporary recovery, for reading a value of a recovery parameter which is set on a recovery item which is instructed to be used by a player through input means out of said item data file which stores a value of said recoverable life power parameter concerning a recovery item through which said value of said life power parameter of said character can be temporarily recovered, and for increasing said value of said life power parameter of said character stored in said memory, independent of said standard parameter value by a value corresponding to a value of said read recovery parameter concerning said character who received said damage and for renewing it; a procedure for controlling said procedure for natural recovery and said procedure for temporary recovery, independently from each other; a procedure for judging wounded state, for judging whether or not said standard parameter value of said character at the time when being recovered by said procedure for temporary recovery, is in a wounded state where the value is smaller than a full parameter value of said character; a procedure for judging damage, for judging an amount of said damage received by said character from an enemy character in a battle and storing said amount of damage in a memory; a procedure for determining reduction velocity, for determining a reduction velocity according to said amount of damage stored in said memory by accessing a reduction velocity file containing a reduction velocity value of said life power parameter for each of a plurality of body portions of said character; wherein in said reduction velocity file, the reduction velocity associated with a first set of body portions is greater than the reduction velocity associated with a second set of body portions; a procedure for reducing life power parameter, for reducing said value of said life power parameter in said memory which was increased and renewed by said procedure for temporary recovery for said character, who has been judged to be in said wounded state by said procedure for judging wounded state, up to said standard parameter value at said reduction velocity which was determined by said procedure for determining reduction velocity with the passage of time and renewing it; a procedure for storing damage image data, for storing a body position of said damaged portion of said character received from said enemy character in said battle scene on a body image as damage image data for each said character; a procedure for controlling an old wound, for storing said body position of said damage with is stored in said damage image data as an old wound without erasing even if said character naturally recovers from said wounded state up to a full state of said life power parameter of said character by said procedure for natural recovery; and a procedure for displaying damage record, for displaying said old wound which has already been recovered and said damaged portion which has not yet been recovered on said monitor so as to differentiate in color and form to be displayed in response to an instruction from said player through said input means; wherein an effect of said recovery item on said life power parameter in a recovery action when said first set of body portions receive damage is smaller than an effect of said recovery item on said life power parameter in a recovery action when said second set of body portions receive damage.

Tierney v. Moschino
United States District Court, Central District of California
Case No. 2:15-cv-05900
Filed August 5, 2015


While not exactly a video game case, we thought our readers might find this of interest.

On August 5, 2015, Plaintiff Joseph Tierney sued Defendants Moschino S.p.A. and Jeremy Scott for copyright and trademark infringement, unfair competition, and violation of the right of publicity.

Tierney is a graffiti artist known as "Rime", who is famous for his work entitled, "Vandal Eyes". Vandal Eyes (shown above, left) is a giant mural covering the side of a building, which Rime was asked to create by a Detroit property owner. Defendants are high-end fashion designers, who used Rime's artwork and fake signature on their clothing line, advertisements, and in media photographs, without Rime's consent. Defendants used literal copies of the Vandal Eyes mural in their Fall/Winter 2015 Collection. The Collection gained international media attention through the world when it was displayed on runways and worn by celebrities including actress Katy Perry and model Gigi Hadid.

Plaintiff alleges his reputation and career have been damaged by Defendants' unauthorized use of his artwork. Plaintiff stated that he carefully chose a target audience to display his graffiti artwork, and he deliberately did not associate with Moschino's fashion line. Additionally, Plaintiff alleges that Defendants benefited from using the mural because Moschino revenues increased by about 10% since the launch of the Collection.

We will continue to monitor this case for interesting updates.

U.S. Patent No. 7,613,616: Training a user to execute a sequence of commands in a game environment by using voice control
Issued Nov. 3, 2009, to Sony


Summary:

Put away your joysticks! The ‘616 patent describes a new way to control your character—with your voice. In this invention, the user controls his character’s actions using speech commands. There are two modes described within the invention, a learning mode and a non-learning mode. During the learning mode there are three stages shown in order to control a character. During the first stage the player is presented with a list of characters he can control. Once the player says one of the character names, the second stage is activated. In the second stage the player has to select an available action from the list of available actions. After selecting an action, the third stage is activated which includes more specific commands for the user to speak. If the player selects a correct command, a notification appears and the character performs the chosen action. The other mode, the non-learning mode, differs from the first in that no menu appears for the player to select from. Instead, the player is expected to have the speech commands memorized and to have the ability to seamlessly command his character without the help menus present in the other mode.

Abstract:

In a gaming system, a user controls actions of characters in the game environment using speech commands. In a learning mode, available speech commands are displayed in a command menu on a display device. In a non-learning mode, the available speech commands are not displayed. A speaker-independent context-sensitive speech recognition module contains a vocabulary of available speech commands. Use of speech commands is combined with input from a controller device to control actions of a character or characters in the game environment.

Illustrative Claim:

1. A method for training a user to utter a sequence of commands in a game environment by using voice control, the method comprising: executing first instructions stored in memory to determine a context based on a state of the game environment, the first instructions executed using a processor; displaying a menu of available commands based on the context; prompting the user to issue a vocal utterance associated with an available command from the menu of available commands; receiving a vocal utterance from the user; executing second instructions stored in memory to match the received vocal utterance with an available command from the menu of available commands, whereby the matching of the vocal utterance with an available command selects the command, the second instructions executed using a processor; adding the selected command to a sequence of commands including commands selected since a previously executed complete command; and executing the sequence of commands when the sequence of commands forms a complete command.


Tomita Technologies USA LLC v. Nintendo Co.
U.S. District Court, Southern District of New York
Case No. 11-cv-04256, Filed June 22, 2011
Case No. 1:14-cv-09560, Filed December 3, 2014


Back in December we covered the Federal Circuit's opinion in Tomita v. Nintendo, where the Court found that the claim term "offset presetting means" clearly invoked the means-plus-function principles of 35 USC 112 6th par. Tomita sued Nintendo in 2011 over U.S. Pat. No. 7,417,664, "Stereoscopic Image Picking Up and Display System Based Upon Optical Axes Cross-Point Information." Tomita alleged that Nintendo's 3DS game system infringed the '664 patent with its stereoscopic 3D display system which provided glasses-free 3D images.

The Federal Circuit held that the trial court improperly adopted the claim construction proposed by Tomita's expert which failed to reference the corresponding structure defined in the specification. The Court remanded the case with instructions that the lower court should properly construe the claim term as limited to the corresponding structures defined in the specification and equivalents thereof, based on the clear invocation of 35 USC 112 6th par.

Per IP Law 360, the parties recently argued their positions on proper construction of the claim terms and the issue of infringement on remand to the trial court. Tomita argued that Nintendo's 3DS products include the same structures disclosed in the '664 patent and that Nintendo's construction unnecessarily complicated the nature of the structures described therein. Nintendo argued that Tomita's patent disclosed primitive presetting means and that the 3DS products used very different components.

Tomita originally received a jury verdict in its favor February 21, 2014 awarding them over $30 million in damages. If the trial court finds that Nintendo still infringes the properly construed claims on remand, it is likely that the jury's damages will remain intact.

Prior to the Federal Circuit's order, Tomita filed an additional lawsuit against Nintendo on December 3, 2014 based on the newly launched 3DS XL. (SDNY Case No. 1:14-cv-9560). The earlier case against the regular 3DS remains pending after the remand. (SDNY Case No. 1:11-CV-04256).

We will continue to monitor this case and report when the trial court issues its opinion.



U.S. Patent No. 7,611,410: Score verification system and score verification method of online game
Issued Nov. 3, 2009, to Square Enix


Summary:

The ‘410 patent provides a score verification system which verifies that a score of a player in an online game is an unaltered score obtained during the game. The invention features two units: one of them receives the player’s game information as the game advances while the second unit verifies the score to insure no one tampered with the game. High scores are stored on a server where they are analyzed to make sure of their accuracy.

Abstract:

A score verification system for verifying that a score of a player having played an online game is a true score of the player. A player terminal receives a game program from an online game server, and the game is played on the player terminal. Plural players execute the same online game, and compete for high score. The score acquired by the player, together with an operation history of the player, is transmitted to the online game server. In the case where the score may be a high score, the same play is reproduced based upon the operation history received by the online game server, and the fairness of the received score is verified based on the score obtained by the reproduction.

Illustrative Claim:

1. A score verification system for preventing alteration of a score in an online game, comprising: a game program storer that stores a game program of the online game with identification information attached thereto for identifying the game program; a game transmitter that transmits the game program to a player terminal for playing the online game; a game result receiver that receives information relating to a game result from the player terminal, the information including at least the identification information for identifying the game program, a first score calculated based upon an operation of the game program by the player, and an operation history of operation commands of the player; a score calculator that reads the game program corresponding to the identification information from the game program storer and executes the operation commands based on the operation history to reproduce the operation of the game program by the player to calculate a second score; and a score verifier that compares the first score with the second score to verify whether the first score is a true score, wherein the game program records, in the operation history and at a time of receiving each operation command of the player, a frame and a time elapsed from when the frame was displayed by the game program, the frame and the time elapsed being recorded in association with each received operation command of the player, and wherein the score calculator reproduces the operation of the game program by the player based upon the frame and the elapsed time recorded in the operation history.

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