WotC Strikes Again: Patents the CSG

Steel_Wind

Legend
This topic has been discussed on Board Game Geek and on the Wizkids message boards yesterday and today, but has not as yet been the subject of comment on ENWorld.

While not directly RPG related, it certainly is game and industry related and should be of interest to ENWorlders, generally.

The substance of WotC's press release is as follows:

Wizards of the Coast Awarded Patent for Constructible Strategy Game

May 22, 2007 (Renton, Wash.) – Wizards of the Coast, the world leader in hobby gaming, and a subsidiary of Hasbro, Inc. (NYSE: HAS), today announced that the United States Patent and Trademark Office has awarded it a patent U.S. Patent No. 7,201,374, on game play design for constructible strategy games.

Wizards pioneered the constructible strategy game category five years ago. The invention, code named “Punch Bots,” combined Wizards’ original repeat-purchase business model and the excitement of trading card game combat to create strategically assembled – and disassembled – models. Wizards first filed for patent protection in October of 2002. The full text and images of the patent are available at www.uspto.gov

“The hard work of our staff was of course central to our success in securing this patent and we couldn’t be more pleased,” said Loren Greenwood, President of Wizards of the Coast. “We’re excited to bring to market new games that will broaden the reach of this category in our industry.”

The first offering by Wizards in this category is next month’s much-anticipated TRANSFORMERS™ 3D battle-card game, which releases on June 2.

The patent itself is available for viewing here: http://v3.espacenet.com/textclam?DB=EPODOC&IDX=US2004084842&F=0&QPN=US2004084842

What this all means and the prior art that existed before the patent, (which is one of the things that determines if an idea / process is sufficiently novel to be patentable) is a matter which has yet to be clarified. The USPTO deems it worthy for a patent - but the US PTO relies principally upon other interested parties with a financial stake to challenge patents and litigate the matter before the courts. That is the inherent nature of the patent system.

Clearly, the party whose interests are jeopardized is Topps and its subsidiary Wizkids, who have had some success with the Pirates of the Spanish Main Constructible strategy game. Just as importantly, Wizkids was slated to release a new CSG, the Star Wars Pocket Model CSG next month in June - at more or less the same time as WotC is due to roll out the Transformers CSG by the end of next week.

Given that the Star Wars Pocket Model game competes not only with an existing Star Wars ship miniatures game from WotC, but will also compete against the Transfromers CSG, the odds of a steaming bowl of IP litigation being served by reason of all of this seems more likely than not.

I actually buy and play the Pirates of the Spanish Main CSG with my son and have enjoyed modding the rules and otherwise using these naval miniatures in other games - so this is more than a little aggravating to me.

I have some difficulty accepting that a CSG has been originated by WotC, given the fact the history of games from Steve Jackson, (Pirate Lego Wars) the homebrew Lego Wars from the early 90s - and even back even to Rock Em Sock Em robots, suggests that this does not appear to be all that original a concept.

I'll go further and say that the claimed computer applications of this patent are a pile of hooey and the prior art is so large that the extension of the patent to that area seems a big stretch.

As in most things, the only opinion that matters is ultimately that of the Circuit Court of Appeals'.

We'll see.
 
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I wonder

I wonder what Sony Online Entertainment will make of that in light of their Online Version of Pirates of the Spanish Main, which is I presumed licenced with Wizkids.
 


CaptainChaos said:
It's pretty sad to see the biggest company in gaming getting petty and vindictive.

In fairness, they have not got petty and vindictive...yet.

If it's a legitimate patent, then the shareholders deserve to have that IP protected.

I just have a hard time accepting that the prior art supports that this is a novel idea. The idea was publicly presented to the marketplace before - and on WotC's own convention floor in 1997 at Gencon. This does not seem all that different from Steve Jackson's Pirate Lego Wars - rules he published in 1998 as shareware and which were demonstrated to thousands of gamers on the convention floor in 1997 at Gencon. For that matter, Lego Wars in 1991 was shown at cons. So if it was packaging plastic lego blocks its old news, but if it was punching out pieces of styrene it's all new?

A buddy of mine who used to own Global Games and I were so impressed with what we saw in SJ's Lego Wars, we thought we would do something similar with lego block based robots, sold in little packs like McDonalds' was doing with Happy Meals at the time. We would have dials on the weapons and include a tri-colored colored string as a range finder. Add a d8, and we were off.

We didn't do it, as ultimately, the cost for injection molded plastic was far beyond our capital. Still - it seemed a pretty obvious idea to us based on what SJ was showing on the Gencon floor.

Guess we should have patented the idea right there. :)

I have a hard time swallowing this patent - but there it is.
 

CaptainChaos said:
It's pretty sad to see the biggest company in gaming getting petty and vindictive.

It's not too certain this is what is happening (although it could). At ICV2 they went into some speculation and talked to WotC.

Here are some relevant quotes from the article:

A spokesperson for Wizards of the Coast told ICv2, "We have no plans at this time to take legal action against any other industry players who may have existing or future games that fall within the scope of this patent."

WizKids, which published the first constructible strategy game that actually made it to market (Pirates of the Spanish Main, in 2004, see "WizKids Plans Pirates Game"), replied to a query from ICv2 with the following statement: "This announcement has no effect on our products in the marketplace."
 

I am no expert on CSGs (I had to look up what they are), and also no lawyer, but you may find a very recent Supreme Court decision to be heartening. All I know comes from this article in The Economist. Basically, a valid patent has to be "non-obvious," and they recently ruled that combining two ideas already in the intellectual marketplace wouldn't qualify as "non-obvious." From your description, it sounds like the patent just combines collectible pieces with a strategy game, so this seems like it may very well be affected by the ruling.
 

Erm reading the actual patent, the game system has to have a randomizer that is also assembled, which has an associated item that is attached to the existing constructed toy.

IE: While you construct a ship like Pirates of the Spanish Main, that game doesn't fall under the patent because to fall under the patent you need to have an additional item and associated randomizer to attach to the ship.

This doesn't effect existing Wizkids games as far as I can see and probably doesn't effect Star Wars either.

At least Paragraph 1 to 3.

Paragraph 4 seems much broader, and might include PotSM, but I'm not sure how Paragraph 6 alters Paragraph 4, not being a patent lawyer. Paragraph 6 mentions the randomizer needs construction.
 
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teitan said:
If they haven't sued over CCGs, they won't sue over this so get the huff out of the puff.

Weren't there quasi-ccgs based on sports and/or using baseball cards to play a game in the past? (someone older than me should be able to know what I'm talking about I think... my memory is hazy on this topic)
 

I'm pretty sure the item constructed has to be constructed out of planar components.

One of the ways to get a patent in an area where there's a lot of prior work is to make your patent very, very specific. Perhaps this is what they are doing?
 

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