At first blush, this patent infringement case does not seem as though it would fall within the scope of videogame law, but it does. T5 Labs brought suit against Gaikai for infringement of U.S. Patent No. 8,203,568 ("the 568 patent"). This patent involves using a centralized server within a bank of servers that allows remote access by a user. The server runs a plurality of programs which share a graphical processing unit (GPU) which can store frames generated by different programs at different memory locations. For example, using this technology, a player at home could essentially stream the graphical processing of a game from the remote server to their home. The patent is meant to address, among other things, the speed with which GPUs become obsolete for the average consumer as well as allowing the development of programs over different platforms without having to actually create new code for each platform. Specifically, the patent attempts to address the problems of compressing video data signals over a broadband connection while also decreasing the latency in hosted interactive graphics systems.

T5 alleges that Gaikai is directly infringing by, "virtualizing multiple instances of game programs on a server with one or more shared GPUs through [its] cloud-based gaming applications and service." Furthermore, T5 alleges that by offering for sale and selling the use of its GPU cloud, Gaikai is committing contributory infringement as well as inducing the direct infringement of others. Prior to filing its complaint, T5 claims to have provided written notice to Gaikai that the patent in question was being infringed upon. T5 seeks a declaratory judgment stating infringement has occurred and that the patent is valid and enforceable as well damages and a permanent injunction against Gaikai.

Gaikai filed a motion to dismiss for failure to state a claim, but the magistrate court denied the motion stating that T5 had alleged sufficient facts to allow for the inference that infringement exists. After its motion was denied, Gaikai filed an answer to the complaint along with counterclaims that sought declaratory judgment stating that Gaikai has not infringed upon the 568 patent and that the patent is invalid.

This patent dispute is even more relevant with the advent of the next generation of consoles later this year. Both the Xbox One and the PS4 tout cloud-based computing and streaming as one of their main features. Sony's PS4, in particular, is of note because of its acquisition of Gaikai last July. The console-maker has said that it will be utilizing the streaming service in order to provide backwards compatibility with its PS3 game library. Due to the broad nature of the patent, a favorable ruling for T5 could lead to console manufacturers having to rethink cloud computing and its implementation, or will otherwise lead to increased costs to cover the patent license(s).

We will monitor this case and inform you of any new developments.

Summary:

The ‘830 patent describes a method for a player, while playing a three-dimensional game, to record narrative of his movements in the game and then play them back. One option of playback a player can select allows is a passive mode, wherein the user can only navigate along the path taken by the original player who recorded his movements. There is also an active mode, wherein the player is free to move about the three-dimensional world, regardless of where the original player went.


Abstract:

A method and apparatus for recording and playback of multidimensional walkthrough narratives. A three dimensional modeling language is used to automatically create a simple three-dimensional environment using pre-existing electronic documents. A first user, or author may navigate throughout the three-dimensional environment while at the same time recording the path taken and any accompanying audio. In one of two playback modes, a second user can be shown a "walkthrough" of the three-dimensional scene corresponding to the path taken by the author. In the other playback mode, a second user is free to navigate the three-dimensional world while the author's path is displayed.


Illustrative Claim:

1. A method comprising: generating a multidimensional representation of a plurality of electronic documents within a three-dimensional environment; recording a narrative of the multidimensional representation; and storing the multidimensional representation and the narrative to allow playback in at least one of a plurality of modes.

Summary:

The RE41,331 patent describes a method for playing interactive, computerized card games. The cards are dealt by a computer and the betting is generated by the computer software. The program is written to have a time limit on betting. Each player who wants to play uses a computer to connect to the network where they can join up with other human players or stick to playing computer players. The network records the player’s name, IP address, and requested playing session.  The games continue until all player either leave, lose all of their money, or win the game.

Abstract:

A method of playing an interactive, computerized, multi-player card game in which desired cards are selected by players, some of which may be virtual players generated by the game's software. Each real player uses a computer or similar device that is connected to a network. Virtual player card selection and betting is controlled by computer software. After each player has selected a card in a round, computer software determines what card each player is dealt. Null cards having no value in the scoring are dealt when there is a conflict in card selection or when a player fails to select a card within a time limit. The games follow the rules of poker.

Illustrative Claim:

1. In a communications network, a method for playing an interactive, network-based card game comprising: a) establishing a connection between at least one client software program for a game of cards, said client software program running on a player's computer connected to a network, and a server software program for the game, said server software program running on a computer acting as a server and connected to the network, said connection enabling the player to join a playing session populated with other players selected from a group consisting of real and virtual players, the real players using separate computers connected to the network, each computer running another instance of the client software program, each instance of client software connected to the server software, and the virtual players generated and controlled by the game's server software, said game including the following steps: i) selecting at the player's computer a card from a deck of playing cards, said deck of cards the same for all players in the playing session; ii) communicating the identity of said card to the dealer controlled by the server software; iii) receiving at the player's computer a message from the server software identifying a card from the dealer, said card selected by the dealer from the group consisting of: A) the player's selected card; and B) a null card; iv) displaying at the player's computer the card dealt to that player; v) displaying at the player's computer any face-up cards that have been distributed to other players; vi) communicating a bet to the server software during the betting rounds; vii) receiving at the player's computer software notification of bets made by other players via a message from the server software; viii) repeating steps i--vii until a predetermined number of cards are delivered to each player and betting is concluded; ix) identifying the player with the best hand of cards according to predetermined rules of play via a message from the server software; x) receiving a score based on the player's hand at the player's computer via a message from the server software, said score calculated according to predetermined rules of play; xi) repeating steps i--x until the playing session ends; and b) closing the connection between the player's client software program and the server software to terminate session play.

Summary:

The ‘946 patent provides a way to identify opposing player’s skill levels during online play. The invention calls for using facial recognition which is directly tied to a player’s skill. Before a match the player submits a facial picture which will be shown to his opponent. The picture will change based on the outcome of the game. This way a player is identified not only by his username but also by a picture. The invention offers a quick scan method of determining an opponent’s skill level since all the player has to do is glance at the picture and he will know the level of his opponent.

Abstract:

On a server, face image is registered and updated according to the player's skill-level. Specifically, as personal information, not only registration of user's address, name, or pen name, but also face information is registered and changed according to the game result. Therefore, this permits a quick visual recognition of the previous game result. As the result, when performing a battle game between terminals, the player can understand the competitor's skill-level.

Illustrative Claim:

1. A game method with which a game player connects to a server by using a terminal and plays a game on the server, the method including the steps of: before starting the game on the server, making the game player register a face image information as personal information; changing the face image information according to the game result; and using the changed face image information as face information of the next game.

This case is still ongoing and has since been transferred from the Eastern District of Texas to the Northern District of California as of April 20, 2012. Digital Reg's claims against AVG Technologies regarding U.S. Patent No. 6,389,541 have been dismissed with prejudice as have AVG's counterclaims. Valve Corporation has also had all claims of infringement and counterclaims dismissed with prejudice as of May 23, 2013.

The most recent developments in the case regard discovery disputes between Digital Reg and Adobe as well as EA. Digital Reg is seeking royalties for the infringed patents, and requests EA's financial information regarding their Origin platform for distributing online games. EA maintains that Origin is a free-to-use platform, and since EA's computer games are not allegedly infringing, the financial information regarding Origin would have only marginal relevance.

The case has also been docketed for trial beginning on January 13, 2014, with jury selection to take place on January 6, 2014. We will continue to monitor this case and provide updates regarding any major developments.

Yesterday there was an Op-Ed in the New York Times presenting the opinion that District Court Judges should use already existing portions of the law more often to shift fees in patent troll litigation.  The writers point out that in 3000 cases analyzed, in only 20 of them were fees shifted to the plaintiff.  Fee shifting refers to when the court requires the Plaintiff  to pay all or some of the Defendant's legal fees to defend the lawsuit in the first place.  Its an interesting, and quick, read.  But what makes it REALLY interesting is that it was penned by Judge Randall Rader, Chief Judge of the Federal Circuit Court of Appeals (which hears all patent lawsuit appeals), along with two others.  If you are a defendant that appeals a patent case and part of your appeal is fee shifting, cross your fingers that Judge Rader is on your panel.  I also wonder how many District Court judges will see the op-ed and give it any consideration in future fee shifting analyses.

Read the full Op-Ed here.

Summary:

The ‘383 patent provides a system in a racing game where the player can simulate either the whole race or a portion of the race. If a player simulates a race (or only a portion of it) the game will calculate the probability of certain events and, using real-world statistics, can simulate the most realist race possible. The computer randomly generates common racing events such as crashes, spinouts, and debris on the track. Each of the computer-controlled drivers have their own attributes (based on the real-life racers they are modeled after) which ensures that each car acts in its own way during the race. Thus, each race will be different depending on what situations arise. A player has the option of simulating the whole race before the race begins, but he can also manually race for part of the race and then simulate until the end if he needs to move on and does not have time to complete the race.

Abstract:

A simulation module simulates events that may occur during a cautionary period based on, e.g., current relative position of vehicles, vehicle and driver attributes and current game statistics for vehicles, and compiles new statistics and attributes that are used in the resumed race. A full race simulation option and a partial race simulation option are also provided. For example, in a season mode, the simulation module simulates events that may occur during a race and compiles statistics that can be used later, e.g., in a later race, for season standings, etc. A complete race may be simulated, or a partial race may be simulated, for example, if a user desires to terminate a race before it is finished, using the compiled statistics, and a new set of statistics compiled to track the simulated race events. Real world statistics are imported and used in some aspects. For example, real world standings, performance statistics and attribute information are stored in a database and are used as a basis for AI-controlled vehicle performance and AI-generated simulation results.

Illustrative Claim:

1. A method of simulating game state changes responsive to an interrupt condition in a computer-implemented racing game, comprising: generating an interrupt condition during game play of the racing game at a first game state, the first game state having a first set of statistics associated therewith; responsive to said interrupt condition, interrupting game play and calculating a second set of statistics associated with a second game state by simulating events that occur after the first game state based on the first set of statistics; and wherein the second game state is a completed game state, and wherein the second set of statistics includes statistics associated with a completed race.