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If there are any law students out there looking for an internship, send me an email with your resume, as we're looking for some summer help with lawsuit research, patent research, writing of blog entries, etc. It's unpaid, but you will get some great experience. Persons local to the DC area are preferred, but will consider remote work if it makes sense.

One caveat: we can only consider candidates who are NOT eligible to take the patent bar.  This basically means we cannot consider anyone with a science or engineering degree.  So, liberal arts folks, this is a great opportunity to get some exposure to IP without the commitment!  Send me your resumes!

UPDATE: Position filled.  Thanks everyone for your interest.
Case Update: July 2012:

On July 5, Guitar Apprentice filed a notice of voluntary dismissal without prejudice that has ended litigation started earlier in April.  An order of dismissal was signed by Judge Samuel H. Mays, Jr. on July 12, 2012.  It has not been released whether the two parties have reached a settlement agreement or not.

Original Post:

Guitar Apprentice sued Ubisoft on April 5, 2012, in the Western District of Tennessee for patent infringement of USP 8,119,896. Court docket 2:12-cv-02265-SHM-dkv. The '896 patent is titled "Media system and method of progressive musical instruction." Ubisoft is the publisher of Rocksmith, a game I must admit I LOVE.

Claim 1 of the '896 patent reads:
1. A system for progressive musical instruction comprising:
a processor-readable memory medium having software residing thereon,
the software executable by a processor to direct the performance of generating audio signals corresponding to a predetermined musical performance,
the audio signals in a first operating mode including prerecorded sounds from each of one or more musical instruments associated with the musical performance,
the audio signals in a second operating mode including sounds from said instruments with the exception of a predetermined musical instrument; generating display signals corresponding to the musical performance,
the display signals arranged to provide musical instruction to a user relating to playing of the predetermined musical instrument during at least the second operating mode; and
in association with successive iterations of the musical performance, incrementing a duration of the second mode and decrementing a duration of the first mode.

The '896 patent was only filed in October 2010, claiming priority to a provisional application file June 30, 2010, so I suspect there is going to be a validity fight based on any prior art out there. For example, I've previously posted regarding Guitar Star and Guitar Rising, which Wikipedia (as accurate as it may be) indicates had a public playable demo at Independent Games Conference West on Nov. 5, 2009. I'm not sure of the veracity of this next part, but Wikipedia claims that Rocksmith is the direct commercial result of Guitar Rising.

We will track the case and keep you posted.
This one has me a little perplexed. TQP Development sued Big Fish Games for patent infringement of USP 5,412,730. The '730 patent appears to cover a technique for sending encrypted data across a communications link. While developed during the time of modems (patent was filed in 1992), the claims do not recite a modem, but rather refer a transmitter and receiver, generally. The other interesting thing here is that the patent would appear to expire on May 2, 2012, in just under a month, so I suspect there was a little bit of racing to the courthouse to get this case filed before it expires. Not sure what precipitated the particular choice of defendant, though. That is, why sue BFG? The patent is not directed to games, so the choice just seems odd to me. Oh well, to each their own. We will nonetheless track the case and see what happens. The case is TQP Development v. Big Fish Games, docket 2:12-cv-00194, U.S. District Court for the Eastern District of Texas, filed April 5, 2012.

Both claims (yes, there are only two) of the '730 patent are reproduced below:
1. A method for transmitting data comprising a sequence of blocks in encrypted form over a communication link from a transmitter to a receiver comprising, in combination, the steps of:

providing a seed value to both said transmitter and receiver,

generating a first sequence of pseudo-random key values based on said seed value at said transmitter, each new key value in said sequence being produced at a time dependent upon a predetermined characteristic of the data being transmitted over said link,

encrypting the data sent over said link at said transmitter in accordance with said first sequence,

generating a second sequence of pseudo-random key values based on said seed value at said receiver, each new key value in said sequence being produced at a time dependent upon said predetermined characteristic of said data transmitted over said link such that said first and second sequences are identical to one another a new one of said key values in said first and said second sequences being produced each time a predetermined number of said blocks are transmitted over said link, and

decrypting the data sent over said link at said receiver in accordance with said second sequence.

2. The method as set forth in claim 1 further including the step of altering said predetermined number of blocks each time said new key value in said first and said second sequences is produced.
UPDATE:

Ok, now it makes more sense... they're suing EVERYONE! Filed a half dozen or so lawsuits, and a game company just happens to be one of the targets. Given the subject matter of the patent, we're not tracking this case any longer.
Well it looks like Worlds, Inc. is at it again, and today filed a lawsuit against Activision Blizzard for patent infringement. Very few details right now, except that case was filed in District of Massachusetts and is court docket number 1:12-cv-10576. Will post more details when we know them. I suspect its based on the same patents that were asserted against NCSoft, but time will tell.

Update:
Ok, the patents at issue are:
8,082,501
7,945,856
7,493,558
7,181,690

The '501 patent just issued on December 20, 2011, and claim 1 reads:
1. A method for enabling a first user to interact with other users in a virtual space, each user of the first user and the other users being associated with a three dimensional avatar representing said each user in the virtual space, the method comprising the steps of:
customizing, using a processor of a client device, an avatar in response to input by the first user;
receiving, by the client device, position information associated with fewer than all of the other user avatars in an interaction room of the virtual space, from a server process, wherein the client device does not receive position information of at least some avatars that fail to satisfy a participant condition imposed on avatars displayable on a client device display of the client device;
determining, by the client device, a displayable set of the other user avatars associated with the client device display; and
displaying, on the client device display, the displayable set of the other user avatars associated with the client device display.


Similar to its other patents, the '501 patent recites a limitation regarding receiving position information from less than all the other avatars in the same virtual space ("receiving, by the client device, position information associated with fewer than all of the other user avatars in an interaction room of the virtual space").

We'll watch this case and keep you posted.
In a case reminiscent of Incredible Technologies v. Virtual Technologies, and one that is sure to provide some much needed guidance (if it goes the distance) regarding when copying someone else's game has gone too far, Spry Fox has sued LolApps/6Waves for copyright infringement and false designation of origin (fancy terminology for saying they stole their identity). Spry Fox makes the popular game Triple Town. After negotiations with LolApps/6Waves fell through to publish Triple Town on Face book, the defendants launched their own game, Yeti Town, bearing striking similarity to Spry Fox's Triple Town. The game play is virtually identical, just with a new skin (i.e., new artwork and graphics). However, much of the text appears to have been copied, as well as what are arguably arbitrary assignments of point values for in-game actions. So there may be some meat here.

In an interesting twist that is sure to come back to haunt him if/when he is deposed, 6Waves Executive Director of Business Development sent a Facebook message to Spry Fox the day that Yeti Town launched, saying "I have some news, which I'm not excited to share with you. I need to back out of any further discussions on Triple Town. We've just published a game on iOS that you're not going to like given its similar match-3 style. Wish this wasn't happening, but it is, and there wasn't anything I could do about it, despite my attempts. I respect you and your studio immensely, and wish you guys nothing but the best. And hope you can get Playdom to give you everything you want and more for TT on FB."

Here are some representative images comparing the two games:
The legal Complaint makes for some interesting reading, and can be downloaded here.

The case is 2:12-cv-00147-RAJ filed January 26, 2012, in the Western District of Washington (Seattle). We will follow the case and let you know of any significant developments.
I will be in San Francisco from March 6-11 for GDC 2012. Drop me an email if you will be in town and want to meet for coffee, lunch, drinks, etc. -Ross

Jagex Games Studio WINS COURT CASE AGAINST RUNESCAPE BOT DEVELOPERS GAINING SUBSTANTIAL DAMAGES

Cambridge, UK –1st February, 2012 - Jagex Games Studio, a leading independent developer and publisher of online games, finalized its victory in a two year legal battle with the developers of iBot, a RuneScape specific macroing/botting software platform; which had harmed RuneScape.com for a number of years until the Bot Nuke in October 2011.

The judgment entered February 1, 2012, against brothers Mark and Eric Snellman, who are trading under Impulse Software, resulted in them being ordered to pay Jagex damages in excess of six figures. In addition, an injunction was placed upon them to prevent them from ever developing botting software for any Jagex product, helping other people develop or use botting software or discussing Jagex, the lawsuit or RuneScape.

Jagex has been engaged in a number of legal battles over the past couple of years to tackle the botting and gold farming within RuneScape and the adverse impact it has on the game and valued community. The result announced yesterday is a significant win for a games company and could set a precedent for future legal cases regarding this kind of abuse.

Mark Gerhard, CEO & CTO of Jagex, stated: “We began the legal action against the Snellmans over two years ago as a part of our ongoing commitment to ridding RuneScape of bots and gold farmers. Faced with this significant challenge we have continued to demonstrate that we will never shy away from difficult battles, we don’t compromise on taking the right course of action and, regardless of the time, money or effort involved we always do what it takes in order to protect our community”.

This announcement follows the news that the recent in-game action to combat botting has been a huge success. Jagex developed a suite of code obfuscation tools, code named the ‘Cluster Flutter’ and coupled with various other countermeasures both technical and in-game, have, since their release in October 2011, rendered 98% of all in-game bots obsolete. Neither iBOT nor any other bots developers have been able to publish working updates to overcome the “Bot Nuke” despite their continued efforts to do so.

Mark Gerhard added “Technically speaking this is a veritable arms race, there is no permanent triumph in cyber security. The only serious long term strategy is to ensure you continuously innovate well ahead of the challenges faced today; that way you should hopefully always be a few steps ahead in the future. I’m happy to say 1337 Ninja’s are already well underway with “Optimus” Jagex’s next generation obfuscation and encryption framework which will be released shortly.”

Speaking about the Bot Nuke , Daniel Clough, VP of RuneScape said: “Jagex have been working on anti-botting and gold farming measure for a very long time and have continually been ensuring that the games integrity and community are protected. This action has been central to both our longevity and success over the years and I’m sure it will put us in very good stead for the years to come. We launched ‘Bot Nuke Day’ in October and instantly wiped out 98% of all the bots in the game. We are delighted with the results of our efforts so far and are pleased to hear the positive comments from our players.

The economy has settled down over the past few months, the game has truly been flourishing since then and as a result the team and I are all looking forward to a great 2012 for RuneScape.”
As a condition of this case the Snellmans have been ordered to give up all websites, domains, source code and customer details to Jagex along with all the details of all those individuals who have developed scripts for iBOT and sold or re-sold those scripts.

Gerhard concluded with: “The result of this case against the Snellmans should serve as a serious deterrent for anyone who continues to be involved in developing botting software or scripts or even maintaining or supporting those involved.”

Jagex was represented by Tim Meece, Ross Dannenberg, Chris Roth, V. Bryan Medlock, and Erin Bryan of the intellectual property law firm Banner & Witcoff, Ltd.

About Jagex Games Studio

Jagex Games Studio is a multi-award winning games developer based in Cambridge, England. Jagex specialises in the development of high quality browser-based games and is the largest independent games developer and publisher in the UK.

Jagex has a long-standing reputation for creating the world's best online games and for developing hugely popular, high quality, accessible, free-to-play games and for providing an unbeatable community experience for millions of players around the world. Jagex has developed and self-published over 40 online titles, including the world's most popular free multiplayer online game, RuneScape.com

In addition to RuneScape, Jagex self-publishes games on its games portal Jagex.com, and has released a series of successful iPhone games including BounceDown, StarCannon, and Miner Disturbance. Jagex also acts as a third-party publisher for likeminded developers, publishing titles such as the Herotopia, the online virtual world for children, the real-time strategy game War of Legends, and the iPhone title Undercroft.
WIRED has an interesting article regarding Microsoft's inclusion of badges as rewards for developers in Visual Studio. As developers write code, an Achievements extension grants badges in much the same way a video game does. Badges are associated with certain accomplishments — both good and bad — and many of the good badges also come with points. The hope is that these virtual rewards will spark competition, and that competition will improve the quality of the work. Read more at WIRED.com.
Sorry we've been silent for a while. Our "real jobs" has been keeping us away. In any event, an occurrence on Christmas Day reminded me of the progress that video games have made in the last 30 years. We can now injure ourselves running and jumping while playing video games just like we can running and jumping outside. I was playing Kinect Sports with my niece and my brother says to me "careful, I pulled a calf the first time I played." My brother is older than me, so surely I will be fine, I though. Well as I landed from jumping over the last hurdle... pop! I TORE my calf muscle. Yes... ouch! Lesson learned. But this did remind me that video games have become much more sophisticated, developed, and viable for use in teaching real-life situations. I love my job.
Microsoft has acquired Twisted Pixel Studios, according to a recent Microsoft press release:
As a step in continuing to deliver Microsoft Studios’ innovative game and entertainment offerings, Microsoft has announced the acquisition of Austin, Texas-based game developer Twisted Pixel, the creative minds behind Xbox LIVE Arcade titles such as “Splosion Man” and the recent Kinect for Xbox 360 title, “The Gunstringer.”
Twisted Pixel joins other globally-recognized game creators such as Lionhead Studios and Rare Ltd who have also been acquired by Microsoft.
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