EA Opens Five Accessibility Patents


For free use.

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Hotcakes: Sony Owns Shared Mana Pools


If you put it in your game they’ll probably sue.

Continue reading “Hotcakes: Sony Owns Shared Mana Pools”

Sony’s Cartridge Patent May Mean Absolutely Nothing


With Disney Plus launching on Tuesday and Google Stadia not out for over a week, it’s time to set our sights on 2020 and that can only mean one thing; Next gen console speculation. Letsgodigital is reporting that Sony has filed a patent for a game cartridge in Brazil. Not a whole lot about the cartridge is known; in fact, nothing is known outside of a flat image of its design. The patent was filed by Yujin Morisawa who is the senior art director of Sony Interactive Entertainment and is listed as the inventor.

The internet of course has gone into full-blown speculation mode. Could this be a feature of the Playstation 5? Is Sony working on a Vita 2? Or some other handheld? What if this is for a standalone wireless VR system? Maybe it’s an expansion pack like the Nintendo 64 had. Maybe it will boost the ram of the system.

Or maybe it’s nothing. Honestly you could pick out any of the major game companies and fill a book with the number of things that they have patented and never ultimately created a product out of. Sony has stated on several occasions that a new handheld system just isn’t in the books thanks to the fantastic support that the Vita received, but there is also nothing to say that Sony hasn’t looked at the success of the Switch and given a second thought to a portable successor. On another side, it would seem odd to imagine that there is a time where Sony isn’t actively thinking about coming back into the portable world.

Or it could be for another kid computer toy like the Toio.

IPE Update: Acceleration Bay Files MTD Against Epic Games


Nearly two months ago Epic Games filed a lawsuit against Acceleration Bay LLC seeking declaratory judgment from the court in regard to allegations that Epic was using technology owned by AB in one of its many patents. Acceleration Bay filed a motion to dismiss on lack of subject matter jurisdiction (wrong court) as well as lack of controversy. In order to receive a declaratory judgment, a plaintiff must show the court that there is very likely to be a lawsuit over the matter.

“The Court should dismiss this action because there is no immediate case or controversy between Epic Games and Acceleration Bay. Epic Games seeks declaratory judgment of non-infringement of seven patents owned by Acceleration Bay. But in the pre-suit communications that Epic Games alleges gave rise to this action, Acceleration Bay did not provide Epic Games with any claim charts or infringement analysis and Acceleration Bay did not threaten Epic Games with litigation. Instead, the parties were engaged in preliminary licensing discussions, when Epic Games abruptly filed this action. The Complaint fails to allege facts sufficient to confer declaratory subject matter jurisdiction over this action, dictating dismissal under Federal Rule of Civil Procedure 12(b)(1).”

For its part, Acceleration Bay has denied ever threatening Epic with a lawsuit (despite evidence from Epic showing just that) but instead offering a “mutually acceptable path forward” which may end up on the list of veiled threats alongside “nice business you got here, it’d be a shame of something were to happen to it.”

“Acceleration Bay never threatened Epic Games with litigation. For example, on April 30, 2019 and May 8, 2019, Acceleration Bay’s representative (Mr. Garland) stated in an email that Acceleration Bay is “interested in arranging an introductory meeting [to] provide an overview of Acceleration Bay and to agree to a mutually acceptable path forward” and that Acceleration Bay “remain[s] interested in trying to reach a business solution with Epic Games.” Declaration of Paul Andre filed herewith (“Andre Decl.”), Ex. 1 at 1.”

See? No threats, just wanting to reach an amicable solution (and sue if you don’t meet our demands). If you wanted to see the “generic, substance-free form letter” that Epic received, I have included it below.

As always, MMO Fallout has provided the court dockets in our Google Drive at the attached link. Download it, share it, do whatever you want with it. It is 74 pages in whole so get yourself a nice cup of coffee before you dive in.

More on this story as it develops.

In Plain English: Epic and the Generic, Substance-Free Patent Troll


Epic Games is once again back in court, except this time they are taking on a more defensive tone.

As of July 18, Epic Games has filed a lawsuit against Acceleration Bay LLC regarding some bad blood between the two companies that has boiled over in the past few years. According to court dockets filed in the Northern District of California, Epic Games is asking for a declaratory judgment of non-infringement regarding seven patents owned by the defendant.

According to Epic’s filing, defendant Acceleration Bay LLC in early 2015 acquired a number of patents from The Boeing Company. These patents cover a computer network and/or broadcast channel with an m-regular, incomplete topology. I’ll let the docket try to explain some of it, but it has to do with how computers interact on a network.

  • The claims of these patents all require that (1) each participant/computer in the network must have connections to at least three other neighboring participants.
  • The claims of these patents all require that (2) the network must be “m-regular” where each participant is connected to the exact same number, m, of neighbor participants.
  • The claims of these patents all require that (3) the network must be incomplete – m must be at least two less than the total number of participants.
  • 31. In other words, each participant must be connected to at least three neighbor participants, and no participant can be connected to all of the other participants in the network.

Fast forward to 2018 and Acceleration Bay’s lawyers sent a letter to Epic with allegedly no explanation or information, and claimed that Epic was infringing on their patents and would require a license. The letter was apparently so poorly vetted by AB’s legal team that they didn’t notice that the threat still contained the name of an unrelated company that AB had presumably also threatened over its patents.

As they say, bad form.

Additionally, Epic asserted that Acceleration Bay couldn’t get through its letter without completely lying about its own existence, claiming that it was founded in 2012 (it was founded in August 2014), and calling itself a “technology incubator” (it isn’t) that “partners with inventors, corporations and entrepreneurs to accelerate growth in creating innovative companies.” AB doesn’t accelerate growth in anything. Acceleration Bay, according to Epic’s attorneys, does not provide any product or service whatsoever, and exists only to monetize patents acquired from third parties. According to Epic’s attorney’s, AB is exclusively in the market of monetizing patents.

On July 10, representatives of both companies sat down to a teleconference and evidently nothing was accomplished. AB’s attorneys don’t appear to understand what their own patent covers, or how Epic operates their games, as Epic states in the court dockets that many online multiplayer games, especially those being asserted in this lawsuit, do not function the way that the patent would cover, as player networks are communicating with Epic’s servers and not each other.

Epic has assembled its Avengers team of lawyers from the offices of Winston & Strawn to convince the court for a preemptive declaration that Epic is not infringing on any patents alleged in this case. Acceleration had not filed a lawsuit against Epic, however the threatening letters are enough for Epic to go to the court and demand an answer to force the letters to stop. Acceleration Bay has 21 days to respond to the lawsuit.

As always, MMO Fallout has acquired at our own cost the dockets for this case and they can be found on our Google Drive. The docket itself is linked here, as Acceleration.pdf, or it will be in a folder titled “Acceleration” once more dockets are uploaded.

I paid way too much for this article. If you really like patents, I recommend checking out the docket because it’s about 25 pages of the actual lawsuit and then 350+ of the patents at dispute presented at evidence. Our condolences go out to the court clerk who had to print this out and file it.

Activision Patents Using Matchmaking To Encourage Microtransactions


Can you imagine playing a game where you’re never quite sure whether or not the game is intentionally pitting you against more skilled enemies to better advertise spending real money on more powerful weaponry? Activision can, they patented it.

Discovered by Rolling Stone, the patent relates to matchmaking systems and driving microtransactions in said games. There is no concrete proof that this system has been used in any existing Activision title. The patent offers way to use matchmaking in order to drive microtransaction purposes, by specifically pairing players who own DLC items with those who do not, with the goal of exposing said items to potential new customers.

One example of this implementation involves matching a low skill player with a high skill player who happens to own a cash shop weapon in order to encourage the lower skill player to buy said item. Say for instance if the system determines that a player is trying to become an expert sniper, as the patent describes. He could be placed in the match with a higher skilled sniper who also owns some sniper DLC weapons and maybe that player will buy some weapons of their own.

“The system may include a microtransaction arrange matches to influence game-related purchases. For instance, the system may match a more expert/marquee player with a junior player to encourage the junior player to make game-related purchases of items possessed/used by the marquee player. A junior player may wish to emulate the marquee player by obtaining weapons or other items used by the marquee player.”

Another implementation would have players with a microtransaction item that is currently on sale be paired with players who do not own such item, in order to promote said sale.

Microtransaction engine 128 may analyze various items used by marquee players and, if at least one of the items is currently being offered for sale (with or without a promotion), match the marquee player with another player (e.g., a junior player) that does not use or own the item. Similarly, microtransaction engine 128 may identify items offered for sale, identify marquee players that use or possess those items, and match the marquee players with other players who do not use or possess those items. In this manner, microtransaction engine 128 may leverage the matchmaking abilities described herein to influence purchase decisions for game-related purchases.

The system isn’t all about making more money, though. Other implementations of the patent involve matchmaking in regards to matching players up with friends/clans, placing emphasis on players who spend a long time in matchmaking, and matching performance based on skill in a more accurate way. In another example, the system can determine a player’s preferred game mode and steer them toward those servers in matchmaking.

Activision has denied in a statement that this patent has been put to use in any of its games, claiming that it “was an exploratory patent filed in 2015 by an R&D team working independently from our game studios.”

You can read the entire patent here,

(Our thoughts: Let’s go on a limb here and take Activision’s statement as fact that this has never been implemented. They’ve painted a target on their backs of a company willing, and now capable, of secretly putting such a system in their games.)