WotC Strikes Again: Patents the CSG

[Hussar]

Here are a few things to keep in mind before judging WotC's motives:

• WotC claims that their application is based on a game they developed--but didn't bring to market--back in 2002. I can vouch for that--l laid eyes on the game. And I'm not the only one--WotC unveiled the game to distributors at their annual conference before cancelling it later in the year.
• As others have pointed out, the patent application was filed in 2002--before PotSM came out, and many years before WizKids had announced Star Wars or WotC had announced Transformers.
• The timing of the awarding of the patent isn't in WotC's hands. If you read Loren's comments on ICv2, it appears WotC learned of the award last month. The timing of the award, and WotC's announcement, near the release of SWPM and Transformers is, I think, purely coincidental.
• WotC already holds a patent for TCGs. Back when that was awarded, in 1995 or thereabouts, there was a lot of concern in the industry that they were going to shut everyone else down. They didn't.

[An aside: Some people are questioning the validity of the patent because of previous games that might be considered "constructible battle games." Don't get hung up on that term (which doesn't even appear in the patent). WotC's patent is much narrower, covering games that much more closely resemble the PotSM/SWPM/Transformers model. It's narrow enough that it might not even cover PotSM.]

Will WotC use this to shut down its competition? Maybe, but I'm guessing that would kill the category, which doesn't do anyone any good. More likely, they'll see it as a barrier to entry, which will restrict the number of players in the category and let WotC manage it better. In fact, if this indicates anything at all, it's that WotC is considering getting more seriously into the category--which should be a good thing for fans of this sort of game!

Oh sure, inject truth and facts into people's conspiracy theories. Buzzkill.

Didn't you know that it's fashionable now to assume that WOTC is teh EVIL and all their motives revolve solely around choking the hobby to death in a mad plan to release 4th edition? Seriously, think about it - they kill off all the other companies that make constructable CCG's. Then, they retool 4e to use constructable CCG parts - monsters and dungeons come in packs that need to be assembled before play.

It's the perfect plan. I know because the sister of someone who works in the industry told me so.

 

[Ranger REG]

Didn't you know that it's fashionable now to assume that WOTC is teh EVIL

They're about as evil as the mom-and-pop store in your neighborhood (and if your mom and/or pop runs their own business to pay for your room, board, and RPG, they're evil, too). Heck, I'm evil and proud of it.

-- Paladin, not I

 

[TheAuldGrump]

Heh, my first thought on the matter was ' well, WotC hasn't done all that many law suits in regards to CCGs, have they? *Shrug* More of the same....' Hard to get worked up over this one.

WotC has done some things in recent months that I find a lot more worrying than this. (I am really going to miss Dungeon... the sad thing is that I had only recently 'rediscovered' the magazine - I had stopped reading after Polyhedron was removed, but Savage Tide caught my interest.)

The Auld Grump

 

[Glyfair]

Oh sure, inject truth and facts into people's conspiracy theories. Buzzkill.

To tell the truth, I think this whole situation is odd. Not the patent filing (although I admit the whole system is a mess that needs to be rethought), but the announcement and the wording.

WotC has several patents, how many have been announced with a press release? Why the wording? It seems to imply that WotC has the patent on constructible card games, but in fact has a patent on a very specific constructible card game. Also, why announce a patent on a game you aren't releasing?

The filing for the patent doesn't seem to have any "ulterior motives." However, I can't say the same about the announcement. It may be standard procedure, but it certainly seems strange. I don't expect any lawsuits.

 

[Dannyalcatraz]

If they haven't sued over CCGs, they won't sue over this so get the huff out of the puff.

I know they did go after at least one CGC- there was a martial arts CGC called Ultimate Combat.

I have some of it...the mechanics it used were so similar to M:tG you almost didn't need to read the rulebook for one if you had played the other. Whether they actually got as far as a lawsuit, I don't know, but UC dissapeared from the market very , very quickly.

 

[sydbar]

I have a bunch of the ultimate combat cards, and it is a slightly simplified version of MtG, but it is decently fun game.

 

[Ranger REG]

Heh, my first thought on the matter was ' well, WotC hasn't done all that many law suits in regards to CCGs, have they? *Shrug* More of the same....' Hard to get worked up over this one.

Yeah, I'm disappointed in WotC in not being proactive about protecting their patents, or at least get some monetary payment from others that are using it. I mean with patents having such a short lifespan (10-20 years after being awarded), what's the use of having it when you don't act upon it quickly?

I mean not to sound overly sinister, but it would put Decipher in their place (I have a violent hatred for what they did to the Star Trek RPG line).

 

[Glyfair]

And the tangle gets messier. Gamingreport.com reports here that WizKids has filed suit against WotC,

WizKids has filed a lawsuit against Wizards of the Coast (WOTC), seeking a Declaratory Judgment concerning WOTC’s patent (patent #7,201,374, referred to as “the ‘374 patent”) on Constructible Strategy Games, specifically seeking a judgment that the Pirates game does not infringe the patent, and that the patent is, in fact, invalid anyway.

Filed May 25 in the United States District Court for the Western District of Washington at Seattle, the suit claims that WOTC contacted WizKids via a letter in May 2004 concerning the filing of the patent, and that “…WOTC asserted that WizKid’s Pirates game fell squarely within many of the proposed claims of the pending patent application. WOTC warned that when the patent [was] issued, WOTC would have the right to sue WizKids for an injunction and damages. WOTC threatened that it would take legal action against WizKids if or when a patent was allowed if WizKids did not cease and desist selling its Pirates game. WizKids responded to the letter on June 4, 2004, denying that the Pirates game was within the scope of any of the then pending claims of WOTC’s patent application.”

The suit goes on to mention that WOTC contacted WizKids on May 21, 2007, concerning the awarding of the patent, and stating that “…the parties would have to come to an agreement regarding the ‘374 patent and the Pirates game. WizKids denied, and has consistently denied throughout, that the Pirates game infringes the ‘374 patent.”

The “Prayer for Relief” section, which lists the decisions that WizKids would like the judge to make in regards the suit, asks for, among other things, “entry of a judgment and declaration that the ‘374 patent is not infringed,” “entry of a judgment and declaration that the ‘374 patent is invalid,” and “entry of a preliminary and/or permanent injunction enjoining defendant [i.e. WOTC], its officers, agents, servants, employees, attorneys, and those in active concert or participation with it from accusing, threatening, or pursuing litigation against WizKids, its customers, agents, employees, or users of WizKids’ methods and products as to infringement of the ‘374 patent.”

Story developing.

The suit is file stamped as Civil Action No. C07-0809MJP.

 

[Glyfair]

What I find interesting is the contrast between

The suit goes on to mention that WOTC contacted WizKids on May 21, 2007, concerning the awarding of the patent, and stating that “…the parties would have to come to an agreement regarding the ‘374 patent and the Pirates game.”

and this quote from the ICV2 article on the announcement

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."

Does that really mean "We aren't planning any lawsuits, we just plan on pressuring WizKids"? Note the patent was granted April 10th, WizKids were sent their letter May 21, the press release was May 22. I think I was right to express suspicions about the intent of the press release (regardless of your POV about the strength of WotC's position).

 

[Ranger REG]

Didn't you know that it's fashionable now to assume that WOTC is teh EVIL.

I don't follow fashion unlike many vain gamers here.