Patents – Page 2 – Patent Arcade

Apr

2016

U.S. Patent No. 8,740,707: Video game controller for multiple users

U.S. Patent No. 8,740,707: Video game controller for multiple users

Issued Jun. 3, 2014

Summary:

The ‘707 patent is a hardware patent, which covers a game controller that can be used by two or more players cooperatively. The controller senses real world movement and converts these signals into information that can control game play. The controller relies on conductive materials to sense how many players are using the controller and in which ways.

Abstract:

The present invention provides a video game controller and apparatus that may be used by two or more players. The users physically manipulate the control device cooperatively to the kinesthetic feedback of the other player(s) to control the events of the video game. By working together through orientation of the controller, the players can jointly move the video game object on the screen and/or govern the play of the game.

Illustrative Claim:

1. A video game system for cooperative play by two or more players comprising:

a first conductive material attached to or in contact with a first player’s body and a second conductive material attached to or in contact with a second player’s body;

a microcontroller in communication with the first and second conductive materials, said microcontroller further being in communication with a computer processing unit (CPU) or a game console;

whereby skin of the first player touching skin of the second player closes a circuit between the first and the second conductive materials and the microcontroller, said circuit closing causing the microcontroller to send a signal to the CPU or the game console thereby causing said CPU or gameconsole to display a video game having at least one game object that responds in accordance with the signal.

Mar

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 video editor that displays game play clips created while the player is in game. The editor compiles game play video, records information about the clips, and can create compilations based on this information. The editor can also associate particular audio with different video clips, creating an audiovisual presentation. It’s also capable of video overlay editing and music editing. The editing software is used used on the game system, rather than on a separate computer or device.

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.

Mar

2016

U.S. Patent No. 8,635,163: System and method for facilitating a video game exchange

U.S. Patent Not. 8,635,163: System and method for facilitating a video game exchange

Issued Jan. 21, 2014, to Green Man Gaming Limited

Summary:

The ‘163 patent relies on a network and server to allow the resale of digital downloads of games. The system retains records of which games are owned on which devices. Additionally, the system keeps track of game prices for both new and “used” versions of a game, where a “used” version is a digital download being returned for credit towards other purchases. By keeping records of what is owned by whom, the system ensures that a game that is returned for credit does not remain in a player’s inventory after resale. The system focuses exclusively on the sale and resale of games on authorized devices.

Abstract:

A system and method for facilitating the exchange of electronic video games. A video game exchange server provides interacts with a gaming device to permit a game user to buy and load a video game onto the gaming device, to play the game on the gaming device and to return the “used” game for credits that may be used to purchase a new or used game. The game exchange server assigns a price to each new game and used game in its inventory. The game exchange server also assigns a value to each game currently stored on the gaming device. The game price and the game value may decline as a function of time or based on other factors (e.g., a new release). The game exchange server also validates that a video game stored on a gaming device is authorized.

Illustrative Claim:

1. A system for exchanging video games comprising:

a network comprising a plurality of connected computers;

a video game exchange server;

a gaming device comprising a first processor in communication with the videoexchange server via the network, wherein the first processor is coupled to a memory storing executable instructions that when executed by the first processor cause the first processor to perform operations comprising:

downloading a client application from the video game exchange server;

sending, using the client application, a request to the game exchange server to establish an account for the gaming device; and

sending to the game exchange server using the client application an offer to exchange a digital game for which the gaming device has acquired use rights for a game for which gaming device has not acquired use right, wherein the offer to exchange comprises a first unique key assigned to the game offered for exchange;

wherein the video game exchange server comprises a second processor and wherein the second processor is coupled to a memory storing executable instructions that when executed by the second processor causes the second processor to perform operations comprising:

downloading a client application to the gaming device in response to the request from the client application;

establishing an account for the gaming device in response to the request from the client application;

receiving from the gaming device via the client application the offer to exchange the digital game;

confirming from the first unique key that the gaming device has acquired use rights to the digital game offered for exchange;

accepting the offer to exchange the digital game for which the use rights have been confirmed;

storing a second unique key associated with the requested game in a datastore;

retiring the first unique key of the digital game subject to the accepted offer from the datastore.

Mar

2016

U.S. Patent No. 8,491,394: Squad vs. squad video game

U.S. Patent No. 8,491,394: Squad vs. squad video game

Issued Jul. 23, 2013, to Microsoft Corporation

Summary:

The ‘394 patent applies to shooter video games, which are focused around competing squads. The patent covers both games in which a single player controls each squad and more than one player controls each squad. The game receives inputs from the controlling players about squad actions and communicates these actions to other systems in the game. The patent also covers the player’s ability to join or leave his or her squad at any point during gameplay without ending the game.

Abstract:

A squad versus squad shooter video game receives input from one or more players via their respective use of controllers in communication with one or more console-based video game systems. The input from each controller is interpreted as a command to a squad in a competition against one or more other squads that are respectively commanded by one or more players via their respective use of controllers. Each squad includes a plurality of characters. Each player is assigned to one of the squads. Actions of each character in the video game are a function of commands given to that character by one of the players. Players can join or exit their assigned squad during game play.

Illustrative Claim:

1. A method comprising:

facilitating play of a game title by one or more players commanding, via their respective use of controllers, a squad in a competition against one or more other squads that are respectively commanded by one or more players via their respective use of controllers, wherein:

each said squad includes a plurality of characters;

each said player is assigned to one said squad;

each said squad has at least one said player assigned thereto; and

action of each said character in the play of the game title is a function of a command given to that character by one said player;

detecting, while any said player is playing the game title, a join condition indicating that a new player would like to join in playing the game title; and

in response to the join condition, assigning a new squad to the new player when it is determined that the new player is to form the new squad.

Mar

2016

U.S. Patent No. 8,764,555: Video game application state synchronization across multiple devices

U.S. Patent No. 8,764,555: Video game application state synchronization across multiple devices

Issued Jul. 1, 2014, to Nextbit Systems Inc.

Summary:

The ‘555 patent deals with the issue of synchronized gaming. It covers a method that initially runs a game on one device, then, after detecting another device within a certain proximity and having the same game installed, can transfer the current place in game to a secondary device. The saved game data is transferred between devices, allowing a player to pick up where she left off on any synchronized device.

Abstract:

Techniques for a method for automatically synchronizing application state of a video game across multiple devices are disclosed herein. The method includes running an instance of the video game application at a first electronic device, detecting a presence of a second electronic device based on a proximity of the second electronic device to the first electronic device, identifying an installation of another instance of the video game application on the second electronic device, saving a current state of play of the instance of the video game application running on the first electronic device and transmitting the application state data to the second electronic device. The application state data of the video game application enables another instance of the video game application to resume the current state of play of the video game application at the second electronic device.

Illustrative Claim:

1. A computer-implemented method comprising:

running an instance of a video game application at a first electronic device, wherein the first electronic device belongs to a group of electronic devices associated with a user;

detecting a presence of a second electronic device based on a proximity of the second electronic device to the first electronic device, the second electronic device belonging to the group of electronic devices;

identifying an installation of another instance of the video game application or another video game application similar to the video game application on the second electronic device;

saving a current state of play of the instance of the video game application running on the first electronic device, the saving of the current state of play being performed utilizing an in-game save feature included within the videogame application, wherein the in-game save feature saves an application state data representing the current state of play of the instance of the videogame application running on the first electronic device; and

transmitting the application state data to the second electronic device, wherein the application state data of the video game application enables another instance of the video game application to resume the current state of play of the video game application at the second electronic device.

Mar

2016

US Patent No. 8,430,752: Methods and apparatus to meter video game play

U.S. Patent No. 8,430,752: Methods and apparatus to meter video game play

Issued Apr. 30, 2013, to The Nielsen Company (US), LLC

Summary:

The ‘752 patent describes a device which can be attached to a controller to track data about controller use, primarily controller movement. Movement data can include direction as well as magnitude. In addition to the tracking device, the patent describes a metering or recording device that maintains a record of the controller data. In addition to movement, the device might also track whether the device is on, whether the battery needs to be replaced, and the use of a transmitter.

Abstract:

Methods and apparatus to meter video game play are described. An example apparatus to meter video game play includes a tag to be attached to a video game controller, the tag having a sensor to detect a user interaction with the video game controller. The apparatus also includes a meter to receive information reflecting the user interaction.

Illustrative Claim:

1. An apparatus to meter video game play, comprising:

a tag adapted to be attached to a video game controller, the video game controller adapted to interact with a video game system capable of executing a plurality of video games, the tag having a sensor adapted to detect motion data related to movement of the video game controller; and

a meter adapted to receive the motion data from the sensor without affecting operation of the video game system, the meter adapted to attribute the motion data to a user interaction with the video game controller, the meter adapted to detect media identifying information presented in an environment including the video game controller to identify which of the plurality of videogames is being played via the video game controller, and adapted to combine the media identifying information with the motion data received from the sensor.

Feb

2016

U.S. Patent No. 8,556,715: Personalized client-side visualization in a multiplayer network video game

U.S. Patent No. 8,556,715: Personalized client-side visualization in a multiplayer network video game

Issued Oct. 15, 2013, to U4iA Games Inc.

Summary:

The ‘715 patent describes a method for providing specialized content to the various users of a networked video game. The type of content can be determined by IP address, age, nationality, or any other player characteristic. Specialized content can include character appearance, sounds, and language. The primary objective of the game remains constant even where the look and feel can be customized. The customization allows a wide variety of players to enjoy the same experience.

Abstract:

A method for providing customized content in a video game over a computer network to a plurality of game clients operated by different players is disclosed The method includes: storing a library of content that can be selectively delivered to the plurality of game clients during gameplay of the video game; receiving information about each of the players from the respective game client; selecting content from the library to be delivered to each of the game clients based on the received information about the respective player; and synchronously delivering the selected content to the corresponding game client.

Illustrative Claim:

1. A system for providing customized content in a video game over a computer network to a plurality of game clients operated by different players, the system comprising:

a processor;
a network interface for connecting the system to the multiple game clients;
a first storage device for storing a library of content that can be selectively delivered to the plurality of game clients during gameplay of the video game;

a second storage device storing a program which, when executed by the processor, performs the steps of:

receiving information about a first and a second players from their respective game clients;

selecting a first content and a second content from the library to be delivered to the first and second game clients, respectively, based on the received information about the respective players, the first content different from the second content; and
delivering the selected first and second contents representing a same attribute of the video game via the network interface to the first and second game clients during real-time synchronous gameplay between the two game clients.

Feb

2016

U.S. Patent No. 8,523,673: Vocally interactive video game mechanism for displaying recorded physical characteristics of a player in a virtual world and in a physical game space via one or more holographic images

U.S. Patent No. 8,523,673: Vocally interactive video game mechanism for displaying recorded physical characteristics of a player in a virtual world and in a physical game space via one or more holographic images

Issued Sep. 3, 2013

Summary:

The ‘673 patent describes an invention that allows a player to personally interact with the game space. More specifically, the patent covers using a microphone to interact with a game system. Additionally, the patent includes scanning the player using a visual recording device, and transmitting that information in game to create a playable holographic image of the player. Through the same recording device, gestures made by the player will also be made by the holographic image.

Abstract:

The present invention is a vocally interactive video gaming mechanism. A microphone is connected to a video game system for allowing a player in a room to communicate by voice within the game. A video recording device is also provided for scanning and recording the physical characteristics of the player to be projected into the gaming world. A holographic projector projects the recorded physical characteristics of the player into the room in which the player is engaged in the game. Messages can be received from a telephone, a cell phone, a personal digital assistant, or a digital processor. Game progress can be halted in order for the player to answer or respond or to ignore the message. Movements of the player are tracked and converted into movements of the holographic projection of the player in real time. Voice recognition software enables translation of speech from one language into another language.

Illustrative Claim:

1. A vocally interactive video gaming mechanism comprising:

a) a microphone configured to connect to a video game system to allow a player in a physical game space to communicate by voice of said player within a video game by means of voice recognition software;

b) a video recording device configured to scan the physical game space and record physical characteristics of said player, the physical characteristics including tracked movements of said player within said physical game space, wherein the recorded physical characteristics of said player in said physical game space are synchronously displayed, via a display device, with said voice of said player in a virtual gaming world of said video game in association with a virtual avatar;

c) a holographic projection device configured to holographically project one or more holographic images corresponding to said player into said physical game space in which said player is engaged in said video game, wherein the one or more holographic images mimic the recorded physical characteristics and said voice of said player in real-time; and

d) an audio speaker configured to generate sounds to accompany said one or more holographic images and said virtual avatar.

Feb

2016

U.S. Patent No. 8,678,928: System and method to deliver video games

U.S. Patent No. 8,678,928: System and method to deliver video games

Issued Mar. 25, 2014, to AT&T Intellectual Property I, L.P.

Summary:

The ‘928 patent covers set-top boxes that rely on user logins to access previous game information. The set-top box connects to a server through the internet allowing a user to retrieve information such as previous save points and information about previous play throughs. This information is then shared with other users of set-top boxes connected to the same server, allowing other users to access the save point and information from the first player, and giving users the option to join each others’ games.

Abstract:

The present disclosure is directed to a system and method to deliver video games. The method includes receiving a request for a game from a set-top box device. The method also includes determining whether at least one user identity is associated with the set-top box device. The method also includes retrieving previous game information associated with the at least one user identity. The method can also include providing the previous game information to the set-top box device and allowing at least one user to continue a previously executed game in response to a user selection at least partially based on the previous game information.

Illustrative Claim:

1. A method comprising:

receiving, by a game server via an internet protocol television network, a request from a first set-top box device coupled to the internet protocol television network; in response to receiving the request, accessing, by the game server, user account data associated with an internet protocol address of the first set-top box device, wherein the user account data is associated with a user account at a service provider of the internet protocol television network; and when the user account is associated with a user identity created at the first set-top box device, wherein the user identity is associated with a user:

retrieving, by the game server, previous game information associated with the user identity, wherein the previous game information includes a plurality of continuation points of a game, wherein each of the plurality of continuation points is associated with a particular previous execution of the game, and wherein each of the plurality of continuation points is associated with the user identity and with a plurality of additional players; providing, by the game server, the previous game information to the first set-top box device via the internet protocol television network; receiving, by the game server, information from the first set-top box device indicating selection by the user at the first set-top box device of a particular continuation point of the plurality of continuation points;

in response to receiving the information, sending, by the game server, a prompt to a plurality of second set-top box devices, each second set-top box device associated with a particular additional player of the plurality of additional players, wherein the prompt includes a selectable option to continue the game with the user based on the particular continuation point; and in response to receiving data indicating selection of the selectable option in the prompt at at least one of the plurality of second set-top box devices, enabling, by the game server, a first execution of the game between the user and one or more of the plurality of additional players, wherein the first execution is a continuation of the game at least partially based on the particular continuation point.

Feb

2016

U.S. Patent No. 8,535,151: Multimedia-based video game distribution

U.S. Patent 8,535,151: Multimedia-based video game distribution

Issued Sep. 17, 2013, to AT&T Intellectual Property I, L.P.

Summary:

The ‘151 patent describes a system for selecting games from a content provider. A user selects a game from the first channel. The TV then displays an encrypted channel which contains data about the video game. The encrypted channel is accessed through use of a decryption key associated with the identity of the device used to access the channels. Once the game is accessed, save game information is stored locally, while the majority of data is still accessed through an encrypted channel.

Abstract:

A method includes receiving a multimedia data stream at a device and sending data of a first channel of the multimedia data stream to a display device to generate a presentation of available video games. The method includes receiving user input selecting a first video game of the available video games and sending an identification of the device and a channel indicator corresponding to an encrypted second channel having video game data associated with the first videogame to a content provider. The method includes receiving a decryption key for the encrypted second channel in response to verification of the identification of the device. The method also includes decrypting the encrypted second channel, beginning storage of the video game data in response to detecting a starting byte of the video game data, and ending storage of the video game data when the starting byte is redetected.

Illustrative Claim:

1. A method comprising:

receiving a multimedia data stream from a content provider at processor of a device, wherein the multimedia data stream comprises a first channel having video content representing a first list of available video games and corresponding channel identifiers and an encrypted second channel having video game data associated with a first video game of the first list;

sending, via the processor, data of the first channel to a display device coupled to the device to generate a presentation of the available video games;

receiving user input selecting the first video game from the presentation at the processor;

sending, via the processor, an identification of the device and a channel indicator corresponding to the encrypted second channel to the content provider in response to the user input;

receiving, at the processor, a decryption key for the encrypted second channel in response to verification of the identification of the device;

decrypting the encrypted second channel with the processor;

beginning storage of the video game data decoded from the encrypted second channel to a video game storage unit in response to detecting a starting byte of the video game data; and

ending storage of the video game data decoded from the encrypted second channel in response to re-detecting the starting byte.

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

IPRs Instituted against Worlds Inc Patents, filed by Bungie

It has been a while since we wrote about Worlds, Inc. and their patents directed to receiving position information for avatars in virtual spaces. When we last wrote, it appeared as though their lawsuit against Activision was dead in the water due to missing out on a huge chunk of potential damages due to late correction of a priority claim. However, the lawsuit continues as Worlds seeks to recover at least damages since the 2013 correction of the patent and through the likely expiration of the patent earlier this year. A claim construction order issued in that case on June 26, 2015.

However, Activision is not the only party currently engaged with Worlds. Bungie filed five Inter Partes Review requests with the USPTO in May and June of this year arguing that the same Worlds’ patents asserted against Activision were invalid. The five patents are:

8,082,501
8,145,998
7,493,558
7,945,856
7,181,690

The USPTO has now issued decisions instituting each of the IPRs. That is, the USPTO has determined that Bungie has demonstrated a “reasonable likelihood” that they would prevail on at least one of the claims challenged in each patent.

For example, in the decision regarding the ‘501 patent, the USPTO stated that Bungie had shown that the claims were either anticipated or obvious over several documents, including a patent from 1993 that was seen to disclose all the limitations recited in the independent claims.

One issue raised by Worlds in response to the IPRs was that Activision was an unnamed real party in interest due to Bungie’s collaboration with Activision on Destiny. This could have led to dismissal of the IPR requests as improper. However, Worlds did not convince the USPTO that Activision had control over the proceedings.

For reference, claim 1 of the ‘501 patent recites:

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.

We will continue to report on any interesting developments.

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

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

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

United States Court
of Appeals for the Federal Circuit

Filed December 2,
2015

Case No. 2015-1971

As you may
recall from an earlier post, Secure Axcess had filed suit against
Nintendo of America alleging infringement of U.S. Patent 6,522,309, entitled
“Multiscreen Personal Computer Display Method and Apparatus.” The Western
District of Washington entered a judgment of non-infringement in favor of
Nintendo.

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”, or TVA, which is used on two or more
screens to view and edit documents simultaneously. Secure Axcess asserted
that the Nintendo DS infringes the ‘309 patent with its dual-screen. As
previously reported, the district court found that Nintendo did not infringe
based on a claim construction that the TVA had to be a separate device.

‘309 Patent, Figure 1

Secure
Axcess has now filed an appeal with the Federal Circuit requesting the ruling
be vacated. Secure Axcess is primarily challenging the claim construction used
by the district court. Secure Axcess is arguing that the court improperly
interpreted the claims to include limitations that do not appear in the body of
the claims, and are otherwise inconsistent with Patent Number 6,522,309,
specifically “in holding that 1) the TVA must be a ‘detachable’ device; 2) the
TVA does not implement bidirectional communication, and 3) the TVA only
supports conversion of ‘analog’ video signals when construing the ‘309 patent
claims.” Opening Brief of Plaintiff – Appellant at 3, Nintendo of America v. Secure Axcess, LLC., No. 15-1971 (Fed. Cir.
Dec. 2, 2015).

We will keep you updated regarding future developments.Thanks to Josh Davenport for his assistance in preparing this update.

Dec

2015

Steam Under Fire – New Case: Ironburg Inventions v Valve (NDGA 2015)

Ironburg Inventions LTD vs. Valve Corp.

Northern District of Georgia, Case No. 1-15-cv-04219

December 3, 2015

In a new case, patentee Ironburg Inventions accuses Valve of infringing two game controller patents with its new Steam Controller. Ironburg operates in the US through Scuf Gaming, a manufacturer of custom video game equipment and accessories. The two patents in suit are U.S. Pat. Nos. 8,641,525 and 9,089,770 (a continuation of the ‘525 patent) and generally appear to relate to the placement of triggers on the back of a game controller. The claimed priority date of both patents is June 2011. Claim 1 of the ‘770 patent is representative:

1. A video game controller, comprising:

an outer case comprising:

a front and a back, wherein the back is opposite the front;

a top edge and a bottom edge, wherein the top edge is opposite the bottom edge;

a first handle adjacent a first side edge and a second handle adjacent a second side edge, wherein the first side edge is opposite the second side edge; and

a first back control and a second back control, wherein each of the first back control and the second back control is located at the back of the controller, wherein the first back control includes a first elongate member and the second back control includes a second elongate member;

wherein the first elongate member extends along at least half of a first distance between the top edge and the bottom edge, the first distance being measured along a longitudinal axis of the first elongate member; and

wherein the second elongate member extends along at least half of a second distance between the top edge and the bottom edge, the second distance being measured along a longitudinal axis of the second elongate member.

Figs. 1 and 3

This author is enjoying his Steam Controller so far, though he has not yet made much use of the buttons on the back. From its listing on Amazon, the back of the Steam Controller is reproduced below:

It seems as though one issue in this case will be whether the back triggers on the Steam Controller meet the specific physical requirements set forth in the claims.

One interesting civil procedure note about this case: the complaint appears drafted under the old barebones standards for patent infringement actions set forth in former Form 18. However, new rules requiring a more complete recitation of facts came into effect on December 1, 2015. The actual standards courts will hold plaintiffs to in their complaints remain to be seen, but it is likely that courts will require patentees to at least identify specific claims alleged to be infringed as well as provide some level of analysis as to how the claim is infringed. This complaint does not appear to identify any claims in particular (other than demanding relief for “infringement of one or more claims” of each patent), nor does it appear to address how the Steam Controller relates to any claimed features of the patents.

We will continue to watch this case for any interesting updates.

Nov

2015

Second Screen Game Software Patent Survives Alice – Timeplay v Audience Entertainment

Timeplay, Inc. v. Audience Entertainment, LLC

Central District of California

Case No. CV 15-05202

Patentable subject matter under 35 USC 101 has become a primary issue in most
patent cases since the Supreme Court’s Alice
decision in 2014. Many patents have been invalidated by courts as directed
to abstract ideas without significantly more.

In an order dated November 10, 2015, the Central District of
California has refused to invalidate a multiplayer video game patent (US Pat. 8,951,124) directed
to downloading separate game software to a controller that complements the main
game software. Audience Entertainment had argued that the claims were directed to “nothing more than the abstract idea of allowing multiple people to play a game together on a shared display using generic computer and communications hardware.” Timeplay responded that their patent “only exists in the field of multi-player video gaming” and that the claims “have core distinguishing features that a family playing Pictionary would never dream were necessary on game night.” (Opinion at 7-8).

Claim 1 of the ‘124 patent reads:

1. A multi-player game system comprising:

a game server configured to run a game software to facilitate a multi-player game, the game server further configured to provide display signals for displaying the multi-player game;

a display system having primary display means, the display system being configured to provide a primary game display of the multi-player game on the primary display means in response to the display signals;

a plurality of handheld game controllers, each handheld game controller having secondary display means and input means; and

communication controller for enabling communication between the game server and each handheld game controller;

wherein the plurality of handheld game controllers are located in proximity to the primary display means such that the primary display means is visible to game players manipulating respective handheld game controllers; and

wherein the game server is configured to download a game software module to each handheld game controller using the communication controller prior to initiation of the multi-player game, each game software module executable by the corresponding handheld game controller to enable the corresponding handheld game controller to provide a secondary game display on the secondary display means in response to player input received at the input means, wherein the secondary game display is complementary to the primary game display, and to enable participation in the multi-player game by the corresponding game player.

The Court agreed with Timeplay that the claims were not directed to an abstract idea and, further, that the recited claim elements amounted to significantly more than any abstract idea. In analyzing the claims for the presence of an abstract idea, the Court looked to the background section of the ‘124 patent and noted that the invention was disclosed in the context of multi-player gaming systems. The Court also noted that the presence of generic computer limitations did not itself render the claims directed to an abstract idea. (Opinion at 8).

In assessing the second portion of the Alice framework, whether the claims added significantly more to transform the abstract idea into patent eligible subject matter, the Court focused on the limited scope of the claims as constrained to the realm of multi-player gaming. The Court was convinced that the ‘124 patent was designed to sole a problem particular to the realm of multi-player gaming, akin to the website branding problem in DDR Holdings. The DDR Holdings case is one of the recent cases to come out in favor of patentability where software inventions are concerned. The Court also noted that the claims recited significant hardware components acting in concert as further support for denying the motion under 35 USC 101. (Opinion at 11-12).

This case is one example of claims that may survive the new and evolving patentable subject matter test in the wake of Alice. Many more cases have been found invalid, but those that survive may serve as useful examples for drafting patentable claims.

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.

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