Summary:

Abstract:

Illustrative Claim:



Researched By: Andrew F. Thomas

Summary:

Abstract:
Methods and apparatus for controlling movement of a digital object displayed on a screen provide a virtual dynamic direction control pad based on zone detection and touch stroke direction to control customized animated character motion. A player wishing to move the digital object can use a stylus or other touch to indicate a first point on the screen. When the player first touches the stylus to the screen, the system analyzes the touch and divides the screen into multiple zones around the first point indicated by the player. To move the object, the player moves the stylus to a second point on the screen. Movement of the stylus to a second point within one of these zones causes the digital object to perform a predetermined action. Each zone has a predetermined associated action. Direct control of character motion by the game player is enhanced.


Illustrative Claim: 

Summary:

Abstract:

Illustrative Claim:
1. A game apparatus comprising an input device, the apparatus configured to at least:
measure step counts using a motion detection device; advance a game on the basis of an input from said input device; and execute processing of supplementing advancement of said game by using the measured step counts during execution of the game, said game being advanceable independently from the measured step counts.


Researched By: Andrew F. Thomas

Summary:
U.S. Patent No. 8,784,202 (the '202 Patent) describes a method for automatically shifting a virtual camera's position based on a character's movement speed. The '202 Patent relates to third-person games since the player generally controls the camera in first-person games. A game utiliz04ing the '202 Patent will start the camera in a high angle position while the character is walking or standing. As the character begins to run, the camera shifts down. Shifting the camera down allows for the players to see ahead and have a better understanding of the characters footing. When the character starts to slow down, the camera begins to move back into the original high angle position.

Abstract:

Illustrative Claim:

Summary:
U.S. Patent No. 8,851,993 (the '993 Patent) describes a board game video game where all the players travel along the same path together. Normally, every player in a board game travels an independent route. Each player will roll a dice that determines how far an individual player travels. Depending on the game, the route may have forks in the road where a player can choose which direction to travel. The '993 Patent describes a board game where each player travels together. Each player will get to roll dice but the distance traveled will be applied to the group. If the group lands on a special square, then the player who rolled the dice will receive the benefit or determent of the square. Some squares will apply to the group as a whole. Nintendo has used the board game described in the '993 Patent in the most recent Mario Party games.

Abstract:
An exemplary embodiment provides a game device. The game device includes an indication acceptance unit for accepting an indication for determining an amount of movement, a movement amount determination unit for determining an amount of movement on the prescribed route, a position updating unit for updating positions of all player characters on the route in accordance with the determined amount of movement, and an event processing unit for executing an event on the player character and the indication acceptance unit includes a normal indication acceptance unit for accepting a normal indication for determining a normal amount of movement and a special indication acceptance unit for accepting a special indication for determining an amount of movement different from normal, which is executed alternative to the normal indication and of which number of permitted times of issuance by the plurality of player characters is limited.
Illustrative Claim:

Summary:
U.S. Patent No. 5,184,830 is the American patent for the original Game Boy released in 1989. Nintendo filed the patent first in Japan and then in 1992 filed at the USPTO. The USPTO granted the 1989 priority date based on the Japan application. The patent describes a handheld gaming system that utilizes cartridges to store the game data. Game cartridges would be inserted into a slot on the back of the system. A switch on the top would turn the system on and off. The user is supposed to grip the systems with both hands so that the user's thumbs rest upon the face buttons. Character movement was assigned to the D-pad while the A and B buttons handle action inputs. The Game Boy also featured a start and select button located at the bottom of the face plate. The start button typically started or paused the game, while the select button allowed players to select a game mode if offered. The Game Boy needed four AA batteries to operate, but the batteries could last up to thirty hours.

Nintendo released the Game Boy first in Japan on April 21, 1989, and then in North America on July 31, 1989. By the end of the Game Boy's lifespan, including the Game Boy Color, over 118 million units were sold. In 2009, the Game Boy was inducted into the National Toy Hall of Fame.

Abstract:
A hand-held electronic game machine for use with attachable/detachable memory game packs wherein the game machine includes a case of a size which may be held by a hand and capable of being sandwiched by both hands with a first switch disposed at a position such that during a game it can be operated by one thumb on a front surface of the case, a second switch disposed at a position such that during a game it can be operated by the other thumb on the first surface of the case and a third operation switch means provided in a region of said front surface where imaginary loci of both thumbs intersect with each other on the front surface, and wherein the game machine can be connected with others for simultaneous multiple player competition.

Illustrative Claim:
1. A hand-held electronic game machine, comprising: a case of a size which may be held by hand and having a subsonically rectangularly shape defined by a front surface, a rear surface, two latitudinal side surfaces, a lower side surface and an upper side surface, each of said two longitudinal side surfaces being of greater length than each of said lower side surface and said upper side surface, said case being sandwiched by both hands during game play, said front surface having an upper front surface portion bounded by an upper portion of each of said longitudinal side surfaces and a lower front surfaced portion bounded by a lower portion of each of said longitudinal side surfaces; a first operation switch disposed on a right portion of said lower front surface portion of said case such that during game play it can be operated by a thumb of a player's right hand sandwiching said case; a second operation switch disposed on a left portion of said lower front surface portion of said case such that during game play it can be operated by a thumb of a player's left hand sandwiching said case; a dot-matrix liquid crystal display panel including a display screen defining a matrix of rows and columns of dots disposed on said upper front surface portion such that in use said display shown is positioned above said first operation switch and said second operation switch; an insertion portion formed on said upper side surface of said case and extending, in use, behind said dot-matrix liquid crystal display panel in said case; an external memory attachably and detachably insertable into said insertion portion from said upper side surface of said case for storing a game program and background character data and moving object character data with which images for a game are displayed on said display screen; game processing means housed in said case for reading said game program and said background character data and moving object character data from said external memory and controlling the display of moving objects on said display screen in response to the actuation of said first operation switch and said second operation switch and for controlling the display of background characters on said display screen; a connector housed in said case for connecting said external memory being inserted in said insertion portion to said game processing means; a memory housed in said case and associated with said game processing means for storing said background character data and said moving object character data read from said external memory by said game processing means and transferred through said connector; display signal generating means housed in said case for generating display signals for displaying background characters and moving objects on the basis of said background character data and said moving object character data stored in said memory; a driver for driving said dot-matrix liquid crystal display panel in response to said display signals generated by said display signal generating means to display said background characters and said moving objects on said display screen, said driver including a first driver for driving said dot-matrix liquid crystal display panel in columns and a second driver for driving said liquid crystal display panel in rows.

Researched By: Andrew F. Thomas

Priority Date May 29, 2009

U.S. Patent No. 9,427,668 helps fans of fighting and shoot ‘em up games make sure lag does not stop them from winning a game. In these sort of games, “determination areas” help figure out if objects in a game contact each other, which helps determines if a bullet shot from an enemy hits a player. Conventional televisions usually temporarily store a program received from a broadcast station in its memory and process the image to improve the image quality before displaying it. For game consoles, the temporary storage causes a lag between the execution of a player’s action and the display of the result on the television.

Therefore, this patent provides a solution using a storage medium for a game program and a game apparatus. In the game apparatus, the aforementioned “determination areas” repeatedly determine whether or not a player contacts something. The results of these determinations are stored in succession, permitting the player to move when there is an indication the player contacts something. Storing the determinations reduces lag and helps players keep fighting and dodging both enemies and bullets.

Abstract:

A computer readable storage medium storing a game program and a game apparatus capable of preventing a game process which is performed, depending on a result of contact determination with respect to objects from being illogical for a player are provided. In the game apparatus, a contact determination section repeatedly determines whether a player object contacts a block. The results of determination are successively stored into a determination result storing section. A first processing section permits the player object to jump when, of the results of determination stored in the determination result storing section, at least one result of determination including a result of determination a predetermined period of time before indicates that the player object contacts the block.

Illustrative Claim:

1. A non-transitory computer readable storage medium storing a game program executable by a computer of a game apparatus which outputs to a display device a game image showing a behavior of an object in a game space, the game program causing the computer to execute instructions comprising: repeatedly determining whether or not a first object contacts a second object at a first point in time and at a second point in time, the second point in time being a latest result of determination stored after the first point in time; successively storing results of the repeated determination; and performing a predetermined process with respect to the first object when, of the results of the stored determination, at least one result of determination includes determining that the first object contacted the second object at the first point in time.

Research By: Rachel Johns
Edited By: Andrew F. Thomas

On April 9, 2018, the Federal Circuit ruled in favor of defendants Microsoft Corporation, Ubisoft, Inc., Nintendo of America, Inc., Electronic Arts Inc., Harmonix Music Systems, Inc., and Majesco Entertainment in a patent infringement suit brought by Australian individual Richard J. Baker.   The suit relates to Baker’s U.S. Patent No. 5,486,001, which relates to an instructional aid for movements.  The accused products included video games that incorporated an image capturing device (like a camera) connected to a gaming console or personal computer.


The ’001 Patent reads, in claim 1 and as amended during prosecution:

capturing and storing initial visual image signals representative of a particular movement at a first location,

storing preferred image signals representative of a selected preferred movement at a second location remote from said first location in a data base of a computer,

transmitting said captured and stored visual image signals from said first location to said computer at said second location,

. . .

transmitting said regenerated signals from said computer at said remote second location to said first location and stored in image presentation means which permits viewing thereof with dialogue relating to said regenerated visual secondary image signals.

The Federal Circuit affirmed the district court’s finding that “remote,” as used above, requires “more than physical separation at the same location.”  The Federal Circuit found that this amendment prevented infringement by any of the defendants, both literally and under the doctrine of equivalents.

Cases like these emphasize the importance of careful patent prosecution.  Per the Federal Circuit, the “first location” and “second limitation” language used above was added to traverse a reference (U.S. Patent No. 5,184,295 to Mann).  Little changes like these, which invoke the doctrine of prosecution history estoppel, can have significant ramifications during litigation, as demonstrated here.  It’s game over for Mr. Baker in this case.

On March 27, 2018, Hybrid Audio, LLC (“Hybrid Audio”) sued Nintendo of America Inc. and Nintendo Co., Ltd. (“Nintendo”) for alleged infringement of RE 40,281, a reissue of U.S. 6,252,909.  The allegedly infringing products include the Nintendo Wii and the Nintendo DS.  RE 40,281 generally relates to signal processing and is part of technology used for MP3 technology, and Hybrid Audio’s argument is that Nintendo infringes via practicing various parts of the MP3 technical standard (ISO/IEC 11172-3:1993).


As part of Hybrid Audio’s complaint, it notes that Nintendo may enter a Reasonable and Non-Discriminatory (“RAND”) agreement to license RE 40,281 as part of the MP3 Standards. Hybrid Audio also indicates that products supplied by Microsoft Corporation are not part of the allegedly infringing products, suggesting that Microsoft has possibly already entered into such an agreement.

RAND agreements, sometimes called FRAND agreements (for “Fair, Reasonable, and Non-Discriminatory”), are commonly used in patent pools. In industries where standards (e.g., audio standards like MP3 and cellular communications standards like 3G or LTE) are important, patent owners often collectively pool “standards-essential” patents and mutually agree to license those patents on FRAND/RAND terms. For patent owners, this can be a good deal: once their patents become standards-essential, users of the standard must license their patent, albeit on RAND/FRAND terms. For licensees, this can also be a good deal: because all patent owners must license their standards-essential patents on RAND/FRAND terms, they can usually acquire licenses to the standard fairly easily and with reasonable terms.

Strangely, Hybrid Audio's complaint specifically identifies the Nintendo Wii and Nintendo DS as infringing products.  The Nintendo Wii was launched in 2006, whereas the Nintendo DS was launched in 2004.  35 U.S.C. § 286 limits damages to six years prior to the filing of a complaint, meaning that Hybrid Audio's recovery will be limited to the period from 2012 to 2018.  During that period, Nintendo was marketing different a next generation of game consoles (the Wii U and the 3DS), which are not referenced in Hybrid Audio's complaint.  Potential damages related to sales of the Wii and DS are likely to be extremely small.

On Feb. 7, 2018, Nintendo Co., Ltd. and Nintendo of America, Inc. (“Nintendo”) filed two petitions for Inter Partes Review of U.S. 6,219,730 to Nguyen, a patent owned by Genuine Enabling Technology LLC (“Genuine”). 

The challenged ’730 Patent relates to user input:

1. A user input apparatus operatively coupled to a computer via a communication means additionally receiving at least one input signal, comprising:
   user input means for producing a user input stream;
   input means for producing the at least one input signal;
   converting means for receiving the at least one input signal and producing therefrom an input stream; and
   encoding means for synchronizing the user input stream with the input stream and
   encoding the same into a combined data stream transferable by the communication means.

According to Nintendo, the ’730 Patent is anticipated at least in part by the practice of “bit-robbing” which, in short, involves combining an existing signal (e.g., an audio signal) with other signals (e.g., input signals) such that a single data stream could be used to transmit multiple types of data from multiple input.  For instance, Fig. 1B of the ’730 Patent depicts plugging a microphone and speaker into the mouse, in effect combining audio and input data streams:



The use of means-plus-function language may make these claims narrower in scope than they look at first glance.  Before granting Nintendo’s IPR petition, the USPTO Patent Trials and Appeals Board (“PTAB”) will have to figure out what structure is required by the claimed means, and whether Nintendo’s prior art shows that structure.

Nintendo’s Petition for Inter Partes review comes on the heel of the case Genuine Enabling Technology LLC v. Nintendo Co., 1:17-CV-00134-MSG, filed in the District of Delaware on Feb. 8, 2017.  In that case, Genuine asserts that Nintendo’s Wii Remote infringes the ’730 Patent. Per Nintendo, Genuine has also sued Sony for infringement of the same patent.

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 not the same as!) the stock photo shown below.


Sadowski licensed his photograph to the New York Post for a July 12, 2016, article regarding a man who got caught cheating on his girlfriend through Pokémon GO.  It appears that IGN may have infringed Sadowski’s copyright by using the image when discussing the New York Post article in an IGN Hungary article titled “6 Crazy Pokémon GO Stories.”  The image is absent from IGN’s U.S. version of the article.

However, Sadowski’s case may have an Achilles' heel.  Because Niantic and Nintendo have intellectual property rights in their game (including the login screen), Sadowski’s photograph is arguably a derivative work, and his copyright would thereby extend only to the “material contributed by the author of such work, as distinguished from the preexisting material employed in the work.”  That’s not likely to be much.  Moreover, whatever minimal copyright Sadowski has in his photo “does not imply any exclusive right in the preexisting material.”  Lastly, protection for a derivative work using someone else’s material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully (e.g., without the appropriate license).  In other words, there’s a fair argument that Sadowski’s photograph rights are only as good as Nintendo and/or Niantic will allow them to be.

Sadowski’s case against IGN is a cautionary tale for Internet content creators. While many questions about the applicability of fair use on the Internet exist, it remains a bad idea to use images from other websites–even news websites–without appropriate permission.  Indeed, a royalty free version of the exact same photo exists and could have saved IGN a lot of grief.

stopping the protecting of the one player's game character in response to one or more protecting stopping conditions, whereby the movements of the one player's game character in the game world are controllable in accordance with the first game character control operation for that game character.

using the at least one processor, based on the further input from the first user, applying a power boost to the ball while it is flying along the trajectory.