By Sagar Mankar 
Pocketpair, the studio behind the popular game Palworld, recently shared new information regarding the patent infringement lawsuit filed by Nintendo and The Pokémon Company. This legal action, initiated in September, accuses Pocketpair of infringing on multiple patents.
Initially, Nintendo did not specify which patents were allegedly violated, leading to speculation about whether the claims were related to gameplay mechanics similar to Pokémon’s signature features. However, Pocketpair’s recent update has finally clarified the specific patents involved in this dispute.
The Patents at the Center of the Lawsuit
The lawsuit revolves around three Japanese patents:
- Patent No. 7545191 (Filed: July 30, 2024; Registered: August 27, 2024)
- Patent No. 7493117 (Filed: February 26, 2024; Registered: May 22, 2024)
- Patent No. 7528390 (Filed: March 5, 2024; Registered: July 26, 2024)
Although Pocketpair did not provide a detailed explanation of these patents, insights were shared by Siarasia, a Japanese Patent Attorney Corporation (thanks, Automaton). According to their report:
- Patent 7545191 covers mechanics similar to Pokémon’s Poké Ball capturing system, where players aim and throw an item to capture creatures.
- Patent 7493117 also deals with capturing mechanics, specifically featuring an indicator that shows the possibility of a successful capture before throwing the item.
- Patent 7528390 focuses on character riding mechanics akin to Pokémon Legends: Arceus, where players can ride creatures like Braviary and Basculegion.
Another legal expert, Kurihara, talking to Yahoo Japan, called the first patent (7545191) a “killer patent,” explaining that it is challenging to avoid infringing on it if a game is designed with Pokémon-like features. This suggests that developers need to be extremely cautious if their games include similar capture mechanics.
Nintendo’s Demands and Legal Strategy
Nintendo and The Pokémon Company are pursuing the following legal actions:
- An injunction to halt the sales of Palworld
- A compensation of 5 million yen (approximately $32,000) from each plaintiff
- Additional damages for late payments
The total financial impact could exceed 10 million yen based on legal experts’ estimates.
How Did Nintendo Time Their Patent Strategy?
The timing of Nintendo’s patent filings is intriguing. The company filed these patents shortly after Palworld‘s launch in January 2024, using a tactic known as “divisional patents.” This approach allows companies to file new patents that are offshoots of older ones, helping to refine claims and target specific competitors. The original parent patents date back to 2021, coinciding with the development of Pokémon Legends: Arceus.
Intellectual property attorney Kirk Sigmon, in a conversation with PC Gamer, highlighted the strategic nature of divisional patents. He explained that this tactic lets companies tailor their claims more precisely, especially if they have a specific competitor in mind to sue.
Potential Risks and Consequences
The lawsuit presents significant risks for both parties:
- For Pocketpair: The studio may face an expensive legal battle, and if it loses, it could be forced to remove core gameplay mechanics that resemble Nintendo’s patented features.
- For Nintendo: There’s a possibility that their patents could be invalidated if Pocketpair successfully argues that the patents are too broad or if it proves that similar mechanics existed in prior games. If Nintendo’s claims are deemed overly broad, they might lose their legal protection.
Patent experts believe that this lawsuit demonstrates how seriously Nintendo views Palworld as a competitive threat, especially since the game has recently expanded to the PS5 platform. Andrew Velzen, an intellectual property expert, talking to GI.biz, noted that this legal move highlights Nintendo’s aggressive stance in protecting its IP.
Pocketpair’s Response and Future Plans
Despite the legal challenges, Pocketpair remains defiant, stating that it intends to continue defending its case in court. The studio has already achieved notable commercial success with Palworld, breaking sales records and expanding its availability on platforms like Steam, Xbox Game Pass, PlayStation 5, and mobile.
As the lawsuit unfolds, it will be interesting to see how both companies navigate the complexities of intellectual property law. For further updates and the latest gaming industry news, don’t forget to subscribe to Gaming Foodle!
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