Nintendo’s Palworld Lawsuit Is ‘a Clear Case of Bullying,’ Expert Says

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Nintendo's Palworld Lawsuit Is 'a Clear Case of Bullying,' Expert Says

Key Takeaways

  • Nintendo’s Palworld lawsuit is “a clear case of bullying,” says veteran patent analyst Florian Mueller.
  • The patents central to the ongoing case may be invalid, as they combine “token references” to generic hardware and software with game rules, something that’s inherently unpatentable.
  • The Palworld patent lawsuit could take “several years” to be resolved if it doesn’t end in a settlement.

As a seasoned gamer with decades of experience under my belt, I can’t help but feel a pang of sympathy for the developers at Pocketpair, caught in the crossfire of Nintendo’s seemingly relentless pursuit. The accusations against their game Palworld smack of bullying, as patent analyst Florian Mueller aptly puts it.

According to patent expert Florian Mueller, Nintendo’s legal action against Pocketpair, the developers of Palworld, is being perceived as a form of intimidation or “bullying.” This statement was made while discussing some newly surfaced details from the complaint that Nintendo and The Pokemon Company lodged against Pocketpair in mid-September 2024.

On November 8, Pocketpair disclosed newly obtained information regarding three patents that Palworld was alleged to have violated. Additionally, they mentioned that the litigants are pursuing an injunction to halt sales of Palworld in Japan, as well as claiming approximately $65,600 in royalties and late payment penalties.

Florian Mueller, a patent analyst, delved deeply into the intellectual property aspects of the case and labeled it as an instance of “intimidation.” Essentially, his main point is that none of the patents Nintendo asserted that Palworld has violated pertain to any technological advancements. Rather, these patents focus on methods for capturing creatures and riding them, aspects which Nintendo admitted are present in other games based on their filings. The unique features, according to Mueller, are related to game mechanics, but such mechanics are not patentable anywhere globally, including Japan.

Nintendo’s Patents Cited in Palworld Lawsuit Might Be Invalid

Nintendo found a workaround by subtly incorporating “generic reference tokens” into their documentation, Mueller explains. For instance, the patented Pokémon capture technology refers to “primary” and “secondary” input devices, which can be interpreted as a gamepad with an analog stick and a button. The accompanying image shows something like the Poke Ball Plus controller as an instance of such an input device. A gamepad, being common in late 2021 when the patent was initially filed, is not something innovative. Moreover, blending traditional controller inputs with non-innovative elements like game rules does not appear to strengthen the patent’s legitimacy.

As a passionate Nintendo fan, I can’t help but express my concerns about their recent patent acquisitions in Japan. While these patents may seem strong right now, the real test will be how they hold up under rigorous court review. Some speculate that Nintendo is gearing up for a ‘patent war’ over game rules, which is troubling news indeed.

Nintendo wants to wage patent lawfare over game rules.

Nintendo’s Palworld Lawsuit Could Take Years To Be Resolved

In an interview with Game Rant, Mueller stated that the resolution of this lawsuit could stretch over several years unless it concludes with a settlement. Regarding the possibility of Pocketpair claiming that Palworld is prior art, Mueller mentioned that while it’s plausible, it would be complex. Although Palworld and its creature-capture mechanics were unveiled in mid-2021, which is six months before Nintendo filed for the initial patents at the heart of the case, this doesn’t necessarily mean they can use it as prior art. Mueller explained that to qualify as prior art, there needs to be a detailed explanation of how the feature is implemented within the game before its release.

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2024-11-09 18:23