PatentArcade Admin – Page 4

Jan

2016

U.S. Patent No. 8,558,797: Video game processing apparatus and video game processing program

U.S. Patent No. 8,558,797: Video game processing apparatus and video game processing program

Issued Oct. 15, 2013, to Kabushiki Kaisha Square Enix

Summary:

The ‘797 patent describes a touch screen input for use in primarily rpg games, posited a solution to traditional touch screens, which block some portion of the field of play when in use. The device includes a display in addition to a plurality of touch panels, each of which is able to control specific aspects of gameplay.

Abstract:

A video game processing apparatus for controlling progress of a video game by displaying an object on a display screen of a display device is provided. The videogame processing apparatus includes a plurality of touch panels respectively provided on a plurality of surfaces of all of surfaces on a housing of the videogame processing apparatus. The video game processing apparatus receives a touch operation for any one of the plurality of touch panels, and determines which surface of the housing contains the touch panel for which the touch operation is received. The video game processing apparatus carries out a predetermined representation against the object displayed on the display screen from a side of the determined surface. The predetermined representation includes a representation indicating an attack against the object from the side of the determined surface.

Illustrative Claim:

1. A video game processing apparatus for controlling progress of a video game by displaying an object on a display screen of a display device, the video gameprocessing apparatus comprising:

a plurality of touch panels provided on a plurality of surfaces of a housing of the video game processing apparatus;

a touch operation receiver for receiving a touch operation for each of the plurality of touch panels;

a touch surface determiner for determining which surface of the plurality of surfaces of the housing contains a touch panel of the plurality of touch panels for which the touch operation receiver receives the touch operation; and

a representation executor for carrying out a predetermined representation against the object displayed on the display screen from a side of the surface determined by the touch surface determiner to contain the touch panel that receives the touch operation,

wherein each of the plurality of touch panels is configured to receive a plurality of different touch operations, and

the representation executor is configured to carry out a plurality of predetermined representations against the object in accordance with the plurality of different touch operations.

Jan

2016

U.S. Patent No. 8,491,365: Sports video game with enhanced control features

U.S. Patent No. 8,491,365: Sports video game with enhanced control features

Issued Jul. 23, 2013, to Nintendo Co., Ltd.

Summary:

The ‘365 patent applies to sports video games with battle game aspects. The described game may deal damage instead of awarding points, allowing rounds of play to last longer. An in game character who has taken too much damage or lost too much health may be removed from play or die in the game. The player may use power-ups or different moves to increase the damage dealt by a particular play. The patent focuses on the integration of competitive battle game qualities into traditional sports games.

Abstract:

A battle volleyball or other sports game having both sports and battle game aspects is played between opposing teams. A game object, having at least one associated characteristic, is used in the game. An associated characteristic of the game object is altered based on properly timed player input, the input being timed to coincide with one or more action indicators displayed along a game object movement path. The game object may also negatively affect a health or other game character related parameter of a game character towards which the game object is directed.

Illustrative Claim:

1. A method of playing a battle video game providing a video game play graphical user interface in accordance with instructions executed by at least one processor, the processor providing images for display and changing the images in response to user input, the method comprising:

using the at least one processor, modeling at least one ball;

using the at least one processor, and initiated based on input from a first user, generating
animation for display that shows the ball flying along a trajectory;

using the at least one processor, displaying at least one action indicator along the trajectory of said ball the action indicator having features;

using the at least one processor, accepting further input from the first user and determining timing of the further input relative to when the ball has correspondence with features of the action indicator; and

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.

Jan

2016

U.S. Patent No. 8,668,561: Video games including real-life attributes and/or fantasy settings

U.S. Patent No. 8,668,561: Video games including real-life attributes and/or fantasy settings

Issued Mar. 11, 2014

Summary:

The ‘561 patent applies to networked games, like fantasy sports. A storage medium, such as a computer server, contains and maintains the rules of the game and character parameters, and also allows players to download certain game settings or components. The data on the server ensures consistent play experiences across multiple players.

Abstract:

A video gaming console and related network interfaces with a server computer hosting an online fantasy sports game. The video game machine acquires a fantasy team roster of the fantasy sport game over a network that includes the Internet and the video game console is programmed to create a video game team using at least a portion of the fantasy team roster. The video game team created is playable on the video game console.

Illustrative Claim:

1. A method performed by a computer server for updating a video game team roster in a sports video game played on a video game console, the computer server configured to communicate with a plurality of video game machines via a network connection that includes the Internet, the method performed by the computer server comprising the following acts:

hosting an online fantasy sports game on the computer server configured to communicate with the plurality of video game machines via the network connection that includes the Internet, the online fantasy sports game including:

a plurality of fantasy sports teams that are each operated by a fantasy team owner in a fantasy sports league; each fantasy sports team having a fantasy team roster comprised of fantasy team members, wherein the fantasy team members are associated with real-life athletes of collegiate and/or professional sports teams and the fantasy team members of each fantasy team are selected by the fantasy team owner of each fantasy team through a fantasy draft; and wherein the online fantasy sports game provides a score for each fantasy sports team in the fantasy sports league, the score being calculated using statistics from a real-life performance of the real-life athletes associated with the member of each fantasy sports team; and transmitting a fantasy team roster associated with a particular fantasy team to the video game console, wherein the video game console is programmed to create a video game team including a plurality of video game characters corresponding to at least a portion of the members of the fantasy team roster to be played in the sports video game on the video game console, wherein the video game characters of the video game team are associated with the same real-life athletes that are associated with the fantasy team members of the fantasy team roster transmitted, wherein the fantasy team owner is not one of the real-life athletes engaging in the real-life sporting events who are associated with the fantasy team members.

Jan

2016

U.S. Patent No. 8,591,332: Video game video editor

U.S. Patent No. 8,591,332: Video game video editor

Issued Nov. 26, 2013, to Activision Publishing, Inc.

Summary:

The ‘332 patent describes a method of recording in game footage and including information such as score. The recordings happen continuously, allowing a player to select ideal footage. The method allows the player to edit footage using the game controller and add sound effects. Several videos can be combined into a compilation. Videos are intended to showcase gameplay.

Abstract:

A video editor for a video game is discussed. The video editor manipulates information of video game play to provide videos of game play and in some embodiments scoring of videos.

Illustrative Claim:

1. A method of providing audiovisual presentations for a video game, comprising:

during game play, saving game state information representative of a set of video clips, each video clip corresponding to a series of images generated during game play;

generating a video compilation using selected video clips from the set of video clips;

modifying the video compilation based on inputs from a video game controller; and

adding at least some audio with the video compilation to thereby form an audiovisual presentation, the at least some audio being associated with events included in the video compilation.

Dec

2015

Acceleration Bay LLC v. Electronic Arts Inc.

Acceleration Bay LLC v. Electronic Arts Inc.
Docket No. 1:15-cv-00282
U.S. District Court, District of Delaware
Filed March 30, 2015

On March 30, 2015, Acceleration Bay filed suit against Electronic Arts for the alleged infringement of six of its multiplayer video game patents. The patents-in-suit are: U.S. Patent Nos. 6,701,344; 6,714,966; 6,732,147; 6,829,634; 6,910,069; and 6,920,497. These patents read on interacting with broadcast channels to allow individual players to connect with other players and communicate with them throughout the game by using a multiplayer mode.

On June 18, 2015, EA filed a reply brief in support of its Motion to Dismiss. There has been no ruling on the Motion to Dismiss thus far.

The accused products are EA’s games FIFA 15, NHL 15, Tiger Woods PGA Tour 14, Crysis 3, and Plants vs. Zombies: Garden Warfare. The complaint alleges that the accused EA games use Acceleration Bay’s network technology to offers users a multiplayer gaming environment.

FIFA 15 has a gaming environment allowing individuals gamers to participate in an 11 vs. 11 online gameplay.

NHL 15 allows individual players to participate in its 5 vs. 5 online gameplay with its Online Team Play mode.

Tiger Woods PGA Tour 14 offer a multiplayer gaming environment and connects up to 24 individual players through its Connected Tournaments function.

Crysis 3 offers a multiplayer mode using a peer-to-peer network for up to 12 individual players. Crysis 3 allows includes a 6 vs. 6 team play.

Plants vs. Zombies: Garden Warfare offers a multiplayer gaming environment connecting up to 24 online players.

We will continue to provide updates as the case progresses.

Dec

2015

Gametek LLC v. Facebook, Inc. et al. decided

Gametek LLC v. Facebook, Inc. et al.

United States District Court, Southern District of California

Case No. 3:12-cv-00501, Filed February 28, 2012

On July 2, 2012, Plaintiff Gametek filed a notice of voluntary dismissal against Defendants Facebook, Inc.; Facebook Operations, LLC; Facebook Payments, Inc. and Facebook Services, Inc.

On December 7, 2012, the Court dismissed the claims against Defendants Cie Games, CrowdStar, EA, Funzio, Zygna, Digital Chocolate, 6Waves, and RockYou.

This case was terminated on April 8, 2014, following a settlement conference. All claims and counterclaims were dismissed with prejudice between Plaintiff Gametek LLC and Defendant Big Viking Games, Inc.

Gametek filed suit against 21 companies including Facebook, Electronic Arts, and Zynga. Gametek alleged the companies infringed its patent for virtual currency and payment system incorporating items bought and used in-game. Gametek sought damages and injunction through this lawsuit. The patent-in-suit was U.S. Patent 7,076,445.

The original post can be found here.

Dec

2015

Case Closed: Spry Fox LLC v. Lolapps, Inc.

Spry Fox LLC v. Lolapps, Inc.

Washington Western District Court

Case Number: 2:2012cv00147

Following a
court dismissal of LOLApp’s motion to dismiss, which included the court noting
that copyright protection of video games extended to the elements of plot,
theme, dialogue, mood, setting, pace and character, and, further stating that there was at least a question of fact regarding whether LOLApps had taken these underlying elements from Spry Fox (but perhaps expressed them
using different characters), this case was settled out of court for an undisclosed
sum.

Case closed – sorry for the delay.

Dec

2015

Cherdak v. Nintendo

Cherdak v. Nintendo of North America, Inc.

United States District Court, Eastern District of Virginia

Case No. 2:15-cv-366

Filed August 14, 2015

Plaintiff Erik B. Cherdak is a pro se applicant who sued
Nintendo of America on August 14, 2015. Plaintiff sued Defendant for the
alleged past infringement of his Patent Nos. 5,343,445 and 5,452,269. The
patents-in-suit, entitled “Athletic Shoe with Timing Device,” cover a device for
measuring the amount of time an athletic shoe is in the air, similarly known as a pedometer.

Below is an exemplary claim from
the ’445 patent:

1.
A method for indicating hang time off the ground and in the air during a jump
by a person wearing an athletic shoe, said method comprising the steps:

(a)
sensing, within said shoe, when said shoe leaves the ground during said jump;

(b)
sensing, within said shoe, when said shoe returns to the ground at the end of
said jump; and

(c)
activating a hang time indicator on said shoe during the time interval between
said shoe leaving and returning to the ground as sensed in steps (a) and (b),
respectively, said indicator providing an indication of hang time in a manner
perceptible to said person.

The
‘445 patent issued August 30, 1994, and the ‘269 patent issued September 19,
1995. The filing dates for these patents
were prior to June 8, 1995, when the 1994 Uruguay round of the GATT changed the rules for calculating patent term. Under the old rules, the patents-in-suit expired 17 years from the date of issue or 20 years from
the earliest non-provisional priority date, whichever date is greater.
Therefore, absent mitigating circumstances these patents expired July 6, 2013.

The
accused products are the Nintendo DS “Personal Trainer: Walking” line, which
includes a pedometer for tracking steps and other activities. The device can be
worn on shoes or other articles of clothing.
The accused product also contains software for operating and controlling
the device to allow users to set personal health goals.

In the complaint Plaintiff is asking for royalties for the alleged past infringement by Nintendo.

It is worth mentioning that Erik Cherdak has filed approximately 40 lawsuits for patent infringement of these two patents over the last ten years.

We
will watch for any interesting developments in this case.

Dec

2015

McRO v. Bandai – Appellate Oral Arguments

McRo, Inc. v.
Bandai Namco Games America Inc.

Oral Arguments pending at the Court of Appeals
for the Federal Circuit

Filed October
27, 2014

Case No. 15-1080

This case was submitted by plaintiff McRo, Inc. to the Court of Appeals for the Federal Circuit following the decision in favor of defendants. Some of the defendants include Bandai Namco Games America Inc., Sega of America Inc., and Electronic Arts Inc. Oral arguments are this Friday, December 11, 2015.The case was originally filed in the United States District Court for the Central District of California (case no. 2:12-cv-10322), on December 4, 2012. The patents-in-suit, 6,307,576 and 6,611,278, are entitled, “Method for Automatically Animating Lip Synchronization and Facial Expression of Animated Characters.”

Below
is an exemplary claim from the ‘278 patent:

1. A method for automatically
animating lip synchronization and facial expression of three-dimensional
characters comprising:

obtaining a first set of
rules that defines a morph weight set stream as a function of phoneme sequence
and times associated with said phoneme sequence;

obtaining a plurality of
sub-sequences of timed phonemes corresponding to a desired audio sequence for
said three-dimensional characters;

generating an output morph
weight set stream by applying said first set of rules to each sub-sequence of
said plurality of sub-sequences of timed phonemes; and

applying said output morph
weight set stream to an input sequence of animated characters to generate an
output sequence of animated characters with lip and facial expression
synchronized to said audio sequence.

McRO
alleged defendant Bandai infringed the patents-in-suit by using the
claimed methods for automatically animating lip synchronization of
three-dimensional characters.

The
defendants argued McRO’s lip-sync animation patents claimed only an abstract
idea under the U.S. Supreme Court’s recent Alice decision, and therefore the
patents are invalid. McRO argued in the appeals court that the patents-in-suit
were not invalid under the Alice case. McRO stated its patents claim a
3-dimensional lip-sync animation. McRO argued that the steps in the patent
should be taken as a whole to determine patentability, rather than
individually.

The
Alice case held that a patent is valid if the invention improves existing
technological processes.We will be attending oral arguments at the court, and will report any significant updates.

Dec

2015

1986 Case: Kramer Manufacturing v. Andrews

Kramer
Manufacturing v. Andrews

United
States Court of Appeals for the Fourth Circuit

Decided
February 6, 1986

783
F.2d 421 (4th Cir. 1986)

Plaintiffs
Kramer Manufacturing brought suit against defendants Andrews for copyright
infringement and trademark infringement in violation of the Federal Trademark Act.

Plaintiffs
alleged defendants copied its computer program entitled, “Hi-Lo Double Up
Joker Poker.” Plaintiffs’ game is an electronic card game based on draw poker.
Defendants manufacture similar coin-operated video games.

In their
complaint filed on June 6, 1983, plaintiffs alleged that defendants infringed
its copyright by distributing copies of the Hi-Lo Double Up Joker Poker game.
The allegations included copyright infringement of the computer program itself and the
audiovisuals.

The district court found for the defendants because it said that the flashing card feature in plaintiffs’ pre-existing poker game was not copyrightable and therefore, plaintiffs were not entitled to copyright protection. While the plaintiffs did not place a proper copyright protection notice on their product, the court held that the omission did not forfeit plaintiffs’ rights. Because Kramer registered its copyright within five years of publication, the district court’s finding that the plaintiffs did not make a reasonable effort to add proper copyright notice is erroneous.

Additionally,
plaintiffs alleged that defendants violated the Federal Trademark Act by
falsely designating the origin of the defendants’ version of the game. Specifically, plaintiffs argued that defendants copied the game console and the artwork on the glass panel displaying the video graphics. The Court of Appeals found evidence of intentional and direct copying sufficient to establish a prima facie case of secondary meaning. Therefore, the burden of persuasion shifted to defendants, to which they did not offer rebutting evidence.

The lower court
found for the defendants and the judgment was vacated by the Court of Appeals.
The Court of Appeals found evidence of both copyright and trademark infringement by
defendants.

Dec

2015

1982 Case: Midway Mfg. Co. v. Bandai-America, Inc.

Midway Mfg. Co. v. Bandai-America, Inc.

United States District Court for the District of New Jersey

Civil Action No. 81-3911

Decided July 22, 1982

We are currently updating our site with some posts about older high-profile video game lawsuits. You may have noticed several posts for video game lawsuits from the 1980s.

Plaintiffs Midway Manufacturing and Coleco Industries filed suit for copyright and trademark infringement against defendant Bandai-America. Plaintiffs are the owners of the famous arcade video games Galaxian and Pac-Man. Defendant Bandai-America is a Japanese distributor of handheld video games. Defendant has two handheld video games named Packri Monster and Galaxian.

Plaintiffs asserted a likelihood of confusion between its Galaxian mark and defendant’s identical mark. The court found Plaintiffs were entitled to summary judgment on the trademark issue for the Galaxian mark on the grounds that the mark is distinctive and not descriptive of the product.

The Pac-Man game is an electronic maze-chase arcade game. Players use a joystick to navigate the maze whereby the central character, the “gobbler” maze-chaser, consumes pink dots. The game ends when a monster catches the gobbler. Similar to the Pac-Man game, defendant’s Packri Monster is played using a joystick, whereby the player moves a character through the maze. The Packri Monster gives the illusion of the monster eating the dots in a manner resembling the monster in Pac-Man.

The court found there was a genuine issue of material fact as to whether defendant’s “Packri Monster” mark infringed the “Pac-Man” mark. Additionally, the court found that the plaintiff’s products were copyrightable. However, the court denied summary judgment for Midway for the Pac-Man game, holding that defendant’s game was not substantially similar to plaintiff’s trademark, and therefore there was not a likelihood of confusion.

Nov

2015

1982 Case: Nintendo v. Elcon

Nintendo of America, Inc. v. Elcon Industries, Inc.

United States District Court for the Eastern District of Michigan, Southern Division

564 F. Supp 937

Decided October 4, 1982

Plaintiff Nintendo (at the time) was in the coin-operated electronic video game business, and filed suit against defendant Elcon for copyright and trademark infringement. Defendant is in the business of assembly and sale of coin-operated electronic video games and other video game components.

Plaintiff owns the video game Donkey Kong, and the audio-video presentation of the game is covered by plaintiff’s copyright registration. The certificate of copyright registration is prima facie evidence that plaintiff’s Donkey Kong game is protected and that the copyright is valid.

Plaintiff extensively promoted and advertised Donkey Kong throughout the United States. Donkey Kong is an original audio-visual game with proper copyright protection of the characters, obstacles, background, and sequence of the game plays. Plaintiff entered into a licensing agreement with the Japanese corporation Falcon, Inc. in September 1981, which authorized Falcon to produce the game Crazy Kong. Crazy Kong was identical or similar to Donkey Kong. The game was prohibited from being imported into the United States and the license stipulated the game could only be sold within Japan.

Defendant imports the Crazy Kong games into the United States without authorization from the plaintiff, which the court found to be sufficient evidence to constitute copyright infringement. Because defendant did not obtain plaintiff’s authorization for the publication of the Crazy Kong games, plaintiff cannot lose protection for failing to have a copyright notice on the games.

The court granted plaintiff’s motion for a preliminary injunction, finding that the plaintiff showed there was a substantial likelihood of success on the copyright infringement and unfair competition claims.

Nov

2015

1983 Case: Williams Electronics v. Bally Manufacturing

Williams Electronics,
Inc. v. Bally Mfg. Corp.

568 F. Supp. 1274

United States
District Court for the Northern District of Illinois, Eastern Division

Decided April 20,
1983

Plaintiff
Williams Electronics, a manufacturer of pinball machines, filed suit against
defendant for copyright and trademark infringement. Plaintiff’s pinball game is
called Hyperball. In the game, the player shoots rolling balls at lightning
bolt targets to prevent the bolts from hitting the energy center.

Defendant
Bally Manufacturing is a competitor of plaintiff’s machines and has its own
pinball machines called Rapid Fire. Bally Manufacturing designed Rapid Fire
after its employees saw Hyperball at a trade show in March 1982. Defendant
claims Rapid Fire is superior to Hyperball, and in response plaintiff filed
suit for false representation and copyright infringement.

Plaintiff
provided a certificate of copyright registration for Hyperball to prove the
validity of its copyright. The court stated that the game itself is not
protectable under copyright law, but certain aspects of the work are
protectable such as the audiovisual game components. While defendant made the
same type of game as Hyperball, the court stated the game concept is not
copyrightable.

The
court found that the substantial similarity of Hyperball and Rapid Fire is
irrelevant under copyright law. The court held that the elements which
plaintiff argued are copyrightable are common to virtually all pinball games
and therefore, not protectable. The color, shapes, target placements, ball,
grip handles, and lights are not functional elements of the game and are not
protected. Additionally, the court found the two games were not substantial similar:
Hyperball features thunderbolts, while Rapid Fire features aliens carrying
shields.

The
court found no substantial similarity between the two games and granted
defendant’s motion for summary judgment regarding the copyright infringement.
The court denied summary judgment for the Lanham Act claim, holding that there
were issues of fact which remained regarding representations between the
parties.

Nov

2015

Nintendo Patent Application for New Gaming Device

On July 23, 2015, an international patent application (WO/2015/107747) was published for Nintendo. The WIPO application was filed by Nintendo back in October 2014. The application is entitled, “Information Processing System and Information Processing Device.”

The device may be a sleep tracker, which could double as a video game. The application indicates the device may be able to detect a user’s emotions using various sensors.

The abstract of the application is as follows:

This information
processing system comprises a portable terminal. The portable terminal detects
sensor information for assessing a user’s emotions. It would be permissible, as
an example, for the sensor information to be sound information which is detected
by a microphone, or image information which is captured by a camera. The
information processing system assesses the user’s emotions on the basis of the
sensor information. The portable terminal detects the sensor information in a
period when the said portable terminal is in a standby state. As an example,
the said standby state is a state wherein a display of the portable terminal is
off.

We will continue to watch for interesting updates.

Nov

2015

Gearbox acquires Duke Nukem franchise

On August 19, 2015, Ars Technica reported that Gearbox Software finally acquired the Duke Nukem franchise from 3D Realms after a long legal battle that started in February 2014.

Gearbox thought it had purchased the rights to the Duke Nukem franchise in 2010 when it took on work for Forever. However, 3D Realms then began advertising a new game called Duke Nukem: Mass Destruction in 2014.

While the settlement terms were not announced, the parties reportedly voluntarily ended the suit, giving ownership to Gearbox.

Ars Technica has more information on this story here.

Sorry for the delay in reporting this one.

Oct

2015

U.S. Patent No. 7,654,903: Online gaming cheating prevention system and method

U.S. Patent No. 7,654,903: Online gaming cheating prevention system and method

Issued Feb. 2, 2010

Summary:

The ‘903 patent describes a system which observes players playing online for any signs of cheating. For anyone who has played Halo online and been a victim of the “laggers,” this invention couldn’t come soon enough. While the players play their game, their data is sent to a separate server which analyzes the data for any signs of cheating. All of the servers which run the game are linked together and share information—this helps prevent cheaters from jumping from server-to-server and never getting caught. Whenever a player is caught cheating on a certain server, the player will be banned from that server. While he can still play on the other servers, he will never be allowed back on the server he has been banned from; this effectively prevents him from continuous cheating without being punished.

Abstract:

Technology is provided for preventing cheating during online gaming, including a first online gaming server computer system configured to gather information regarding cheaters detected during online gaming; a second online gaming server computer system configured to receive the information; and a central database configured for aggregating the received information regarding cheaters detected during online gaming gathered by the first online gaming server computer system along with information stored on the central database regarding cheaters detected during online gaming gathered from a plurality of online gaming server computer systems. The aggregated information from the central database regarding cheaters detected is made available to the second online gaming server computer system, and cheaters identified in the aggregated information are prevented from online gaming on the second online gaming server computer system based on the aggregated information from the central database.

Illustrative Claim:

1. A system for preventing cheating during online gaming, the system comprising: a first online gaming server computer system configured to gather information regarding cheaters detected during online gaming; a second online gaming server computer system configured to receive the information regarding cheaters detected during online gaming gathered by the first online gaming server computer system; and a central database configured to aggregate the received information regarding cheaters detected during online gaming gathered by the first online gaming server computer system along with information stored on the central database regarding cheaters detected during online gaming gathered from a plurality of online gaming server computer systems, wherein the aggregated information from the central database regarding cheaters detected during online gaming is made available to the second online gaming server computer system, whereby cheaters identified in the aggregated information from the central database are prevented from online gaming on the second online gaming server computer system based on the aggregated information from the central database.

Oct

2015

Decided: Secure Axcess, LLC. v. Nintendo of America Inc.

Secure
Axcess, LLC. v. Nintendo of America Inc.

United
States District Court for the Western District of Washington

Filed
July 7, 2014; Decided August 4, 2015

Case
No. 2:14-cv-01013

Secure Axcess filed suit against Nintendo of America S/A alleging
infringement of U.S. Patent 6,522,309. The accused products are
Defendants’ Nintendo DS handheld game consoles.

The ‘309 patent is entitled, “Multiscreen Personal Computer
Display Method and Apparatus,” and it relates to a computer with multiple
display capability. A user can simultaneously display documents using a
singular processed video data signal source, on two or more screens. The ‘309 teaches a device termed a “translative video adapter”, which is used on two or more screens to view and edit documents simultaneously. S/A asserts that Nintendo patent 7,786,997 entitled, “Portable Game Machine and Computer-Readable Recording Medium,” infringes the ‘309 patent with its dual-screen.

Claim 1:

1. A multiple monitor video
display method for use with a computer to produce a real-time display on a
first monitor and a computer user selected predecessory display on a second
monitor and comprising steps of:

processing computer program
data into a ported source of display-ready first processed video data signal;

first intercoupling the
ported source of first processed video data signal and the first monitor;

first displaying the first
processed video data signal on the first monitor as the real time display;

second intercoupling the
ported source of first processed video data signal and a translative video
adapter (TVA) comprising further steps of:

first enabling the computer
user to select a first sample of a first screen portion of the first processed
video data signal second intercoupled with a TVA input port;

first storing first video
data representing the first sample in a first memory;

advancing the computer
program data to usually produce a second screen portion of the first processed
video data signal for updating the real-time display on the first monitor;

first
reading the first stored said first video data from the first memory;

first converting the first
read said first video data signal into a first predecessory video signal; and,

second displaying the first
predecessory video signal on a second monitor as the first predecessory
display.

On August 4, 2015, the court entered a judgment in favor of
Nintendo, finding Defendants did not infringe the ‘309 patent. The judgment was
based on the claim construction order, which was found in favor of Defendants.

In the claim construction order, both parties asked the Court to
construe “translative video adapter”, which is used in Claims 1, 9,
and 13 in the asserted patent. Plaintiff argued the TVA included software
and/or hardware, but the Court declined to adopt this construction. Instead,
the Court agreed with Nintendo that the TVA should be construed to mean an
accessory device. The Court stated, “the term TVA appears in Claims 1 and 9 as a structure – as a physical device to be intercoupl[ed] with data signal and a monitor – not as a function.”

Oct

2015

U.S. Patent No. 7,654,901: Video game system using bio-feedback devices

U.S. Patent No. 7,654,901: Video game system using bio-feedback devices

Issued Feb. 2, 2010

Summary:

The ‘901 patent describes a game system where a player puts on a headset which measures his bio-feedback and displays it for him to see. The headset is designed to measure participant physiological data and incorporate it in real-time into the game. The headset includes a galvanometer which measures skin resistance, an ear piece which transmits audio from the game to the participant, and a microphone which allows verbal communication from the participant. The headset itself is electronically coupled with the handheld video game system. It’s an interesting concept, certainly something Stanley Kubrick would be proud of.

Abstract:

A video game system using one or more bio-feedback devices for the monitor and transmission of physiological data of a participant of the video game system to the video game system where the data, along with conventional controller data is incorporated into game play provided by software through the video game system. A headset electrically coupled to a video game system, the headset including one or more bio-feedback devices for transmitting participant physiological data to the video game system for real-time incorporation into game play.

Illustrative Claim:

1. A headset for use with a video game system, the headset comprising: a first bio-feedback device for transmitting to a video game system physiological data of a participant thereof comprising a respiratory voice sensor, wherein the respiratory voice sensor comprises a thermocouple; one or more second bio-feedback devices for transmitting to a video game system physiological data of a participant thereof, wherein the one or more second bio-feedback devices comprise at least one of an electroencephalogram electrode or a galvanometer; a communication link for electrically coupling the headset and the video game system; and conductive wiring for electrically coupling the first and second bio-feedback devices with the communication link.

Oct

2015

U.S. Patent No. 7,637,815: Video game processing apparatus, a method and a computer program product for processing a video game

U.S. Patent No. 7,637,815: Video game processing apparatus, a method and a computer program product for processing a video game

Issued Dec. 29, 2009, to Square Enix

Summary:

The ‘815 patent describes a system in RPG and MMOG games where the player can earn points and level up his character throughout the course of the game. The invention here describes a method for allowing a player to continue through the game and earning points until he reaches a save point. At the save point, the player’s total points are added together and if the value is higher than the next level requirement, the player will level up.

Abstract:

In a continue screen operation corresponding process, in the case where the player selects to reflect an acquired experiential value to a PC experiential value, a control section of a video game apparatus adds the acquired experiential value to a level-up unused experiential value. Then, in the case where the control section determines that the level-up unused experiential value is an experiential value required for a next level or more, the control section increments a level of a player character, subtracts the experiential value required for a next level from the level-up unused experiential value, and adds the experiential value required for a next level to a level-up used experiential value. The control section then updates an experiential value required for a next level. In the case where the control section determines that the level-up unused experiential value becomes less than the updated experiential value required for a next level, other status of the player character is updated and the processing flow is terminated.

Illustrative Claim:

1. A video game processing apparatus that causes an image display apparatus to display a player character of a video game on an image screen of the image display apparatus, the video game processing apparatus controlling progress of the video game by controlling an action of the player character displayed on the image screen in accordance with operations by a player, the video game processing apparatus comprising: a game progress state information memory that stores game progress state information that indicates a progress state of the video game; a game progress state information update processor that, when a predetermined save execution condition is met, updates the game progress state information stored in the game progress state information memory to allow the player to resume playing the video game from the progress state of the video game indicated by the game progress state information; an acquired experiential value determiner that determines an experiential value that the player character is caused to acquire when a predetermined condition to acquire the experiential value is met; an experiential value memory that stores the experiential value determined by the acquired experiential value determiner; a game continuation determiner that, when the player character attains a battle impossible state, determines whether the video game is to be continued in response to an instruction from the player; an experiential value reflection receiver that receives from the player whether the experiential value stored in the experiential value memory is to be reflected to a level of the player character in the video game when the game continuation determiner determines to continue playing the video game; an experiential value reflector that reflects the experiential value stored in the experiential value memory to the level of the player character in the video game when the experiential value reflection receiver receives the instruction that the experiential value is to be reflected to the level of the player character in the video game; an experiential value parameter reflector that converts and reflects the experiential value stored in the experiential value memory to a money point that is to be used as money in the video name when the experiential value reflection receiver receives the instruction that the experiential value is not to be reflected to the level of the player character in the video game; and a game continuation processor that, when the experiential value reflection receiver receives the instruction that the experiential value is to be reflected to the level of the player character in the video game after the game continuation determiner determines to continue playing the video game, maintains the level of the player character in the video game, to which the experiential value stored in the experiential value memory has been reflected by the experiential value reflector, and, when the experiential value reflection receiver receives the instruction that the experiential value is not to be reflected to the level of the player character in the video game after the game continuation determiner determines to continue playing the video game, maintains parameters other than the level of the player character in the video game, to which the experiential value stored in the experiential value memory has been reflected by the experiential value parameter reflector, and causes the video game to proceed to a scene indicated by the game progress state information stored in the game progress state information memory.

Oct

2015

U.S. Patent No. 7,637,813: Video game device and video game program

U.S. Patent No. 7,637,813: Video game device and video game program

Issued Dec. 29, 2009, to Nintendo

Summary:

The ‘813 patent describes a handheld game whereby the player controls his character by drawing a line on the touch pad. The character can move either on the line or parallel to the line, but nowhere else. The invention can also store paths which the user can select to aid his character’s movement throughout the game.

Abstract:
A moving character and a background image are displayed on a display screen with a touch panel thereon. When the player operates the touch panel to draw a line in an intended path extending between a start point and an end point along which the player wishes to guide the moving character, an operation trace image having the shape of the line drawn is displayed on the display screen. Then, the moving character moves along or in parallel to the operation trace image. The operation trace image is gradually erased after a predetermined amount of time elapses. Thus, it is possible to provide a video game device and a video game program in which the player can influence the moving path or the moving direction of the player (moving) character based on the shape and/or the direction of the line drawn by the player.

Illustrative Claim:

1. A video game device, comprising: a display section for displaying a game image; a position inputting unit for inputting a position on the game image; trace storage control programmed logic circuitry for storing, in storage locations, trace data representing a series of input positions inputted by the position inputting unit; movement control programmed logic circuitry for storing, in storage locations, position data of a moving character and updating the position data based on a predetermined rule; determination programmed logic circuitry for determining whether or not the moving character has contacted a trace based on the trace data and the position data, said trace having the shape of a line drawn displayed on the display section; on-trace movement control programmed logic circuitry for updating the position data so that the moving character moves according to the trace based on the trace data when it is determined by the determination programmed logic circuitry that the moving character has contacted the trace; and display control programmed logic circuitry for displaying the moving character on the display section based on the position data.

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