As you may (or may not) be aware, there are well over 30 major cases that deal with intellectual property protection of video games, and that’s just patents and copyrights. We have dissected these cases and, over the next few months, will be publishing an analysis of each case. New case analysis posts will be up every Tuesday, and the title will begin with “Case:”. You can also subscribe to our Atom/RSS site feed for automatic updates.
Well not exactly a video game… yet, but it might apply sometime in the future. Hasbro sued RADgames in the Southern District of New York back in February for RADgames’ add-on to Monopoly. The court initially granted Hasbro a Temporary Restraining Order pending a hearing for a Preliminary Injunction. RADgames developed a modified version of Monopoly which uses a second game board in conjunction with the original. Figure 8 of U.S. Patent 5,810,359 is reproduced below:
On April 7, 2005, United States District Court Judge Hon. Gerard E. Lynch lifted the TRO and deined Hasbro’s request for a Preliminary Injunction, stating that “RADgames has added a new, original creation to the market which is designed for use with the plaintiff’s product but is distinctive in its own right.”
While RADgames patents are primarily directed to board games, the claims (at least on their face) are not all limited to physical creations, and could also apply to versions of the game implemented as a video game or computer game.
The case is Hasbro, Inc. v. Radgames, Inc., case no. 1:05-cv-02324-GEL, U.S. District Court for the Southern District of New York.