WizKids Sues Wizards

[HalWhitewyrm]

Saw this at ICv2.com this morning and haven't seen it posted here yet, so:

http://www.icv2.com/articles/home/10681.html

WizKids Sues Wizards
Over 'CSG' Patent

June 04, 2007
WizKids has filed suit against Wizards of the Coast seeking a declaratory judgment that will invalidate WotC's "CSG" patent and forestall any attempts by Wizards of the Coast to enforce any patent rights by claiming that WizKids' series of Pirates Constructible Stategy Games infringe on WotC's recently granted patent (see "WotC Announces CSG Patent").

More.

I honestly cannot say I'm surprised. It will be interesting to see what comes of this.

 

[JVisgaitis]

Saw that coming a mile away... We won't hear anything about it. It will probably be settled out of court and swept under the rug.

 

[Psion]

Yeah, it was a bogus patent. Like many...

 

[Wulf Ratbane]

Yeah, it was a bogus patent. Like many...

I can only assume that the Patent Office is so overwhelmed with applications, they choose to simply approve by default, and let the courts sort it out.

 

[Psion]

I can only assume that the Patent Office is so overwhelmed with applications, they choose to simply approve by default, and let the courts sort it out.

That does seem a common appraisal of the situation.

 

[jezter6]

If you're a geek and want to read the actual patent document, I found it here:

http://patft.uspto.gov/netacgi/nph-...50&s1=7201374.PN.&OS=PN/7201374&RS=PN/7201374

 

[Bardsandsages]

If I may hint at a completely unsubstantiated suspicion of my own...

I personally think the whole thing is fabricated for publicity. I fail to believe Wizards did not conceive that WizKids would try to block the patent. And I fail to believe WizKids wasn't aware of the application to begin with. But lawsuits make for controversy, and controversy is often considered good free press.

Let's be honest, I know people who went to see Underworld for no other reason than because White Wolf sued, and they wanted to see if the movie was ripping off the World of Darkness. And I know people who bought the book the movie allegedly ripped off just t compare the two. This is the same situation. People who have never played games like this will buy it just because of the Transformers tie in, and then feel obligated to buy WizKids game for comparision purposes. And people who play Pirates who might have dismissed the Transformers game will now buy it just to have something to compare against.

 

[Brian Gibbons]

I can only assume that the Patent Office is so overwhelmed with applications, they choose to simply approve by default, and let the courts sort it out.

That's not entirely incorrect.

By default, you are entitled to a patent on whatever you claim is your invention. The patent examiner has to prove that you are not entitled to the patent; if they can't show proof that whatever you are claiming is not new or is obvious, you win.

The more someone's patent claim falls outside the scope of what the PTO has in their files of prior inventions, the harder it is for an examiner to find something which blocks the application. Hence, the current mess.