Ankh-Morpork Guard
First Post
Tsyr said:
...sorry, but I patented consultations about a week ago.
WotC sues Nintendo over Pokemon
- Thread starter Krug
- Start date
...sorry, but I patented consultations about a week ago.
TheAuldGrump
First Post
Tsyr said:
Patent Denied
What Can Be Patented
The patent law specifies the general field of subject matter that can be patented and the conditions under which a patent may be obtained.
In the language of the statute, any person who “invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent,” subject to the conditions and requirements of the law. The word “process” is defined by law as a process, act or method, and primarily includes industrial or technical processes. The term “machine” used in the statute needs no explanation. The term “manufacture” refers to articles that are made, and includes all manufactured articles. The term “composition of matter” relates to chemical compositions and may include mixtures of ingredients as well as new chemical compounds. These classes of subject matter taken together include practically everything that is made by man and the processes for making the products.
The Atomic Energy Act of 1954 excludes the patenting of inventions useful solely in the utilization of special nuclear material or atomic energy for atomic weapons.
The patent law specifies that the subject matter must be “useful.” The term “useful” in this connection refers to the condition that the subject matter has a useful purpose and also includes operativeness, that is, a machine which will not operate to perform the intended purpose would not be called useful, and therefore would not be granted a patent.
Interpretations of the statute by the courts have defined the limits of the field of subject matter that can be patented, thus it has been held that the laws of nature, physical phenomena, and abstract ideas are not patentable subject matter.
A patent cannot be obtained upon a mere idea or suggestion. The patent is granted upon the new machine, manufacture, etc., as has been said, and not upon the idea or suggestion of the new machine. A complete description of the actual machine or other subject matter for which a patent is sought is required.
(Please read the darned material available on intellectual properties, the joke's gotten stale - but if you can't be funny, please at least be accurate.
)http://www.uspto.gov/web/offices/pac/doc/general/faq.htm
The Auld Grump
*EDIT* Hmm, this came out snarkier than intended, I am leaving it up, but apologize for it's tone. I just see so darned many misinterpretaions of IP law on these boards that I want to scream.
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Endur
First Post
Most patents aren't worth the paper they are written on.
The US Patent and Trademark office is understaffed. Their employees don't have enough time or training to really figure out whether something is deserving of protection or not.
Instead, they usually do a word search on a database. If they don't find any similar patents on their word search, they approve the patent application (really just a rubber stamp).
The real test of validity comes in a lawsuit.
The US Patent and Trademark office is understaffed. Their employees don't have enough time or training to really figure out whether something is deserving of protection or not.
Instead, they usually do a word search on a database. If they don't find any similar patents on their word search, they approve the patent application (really just a rubber stamp).
The real test of validity comes in a lawsuit.
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William Ronald
Explorer
One of the more interesting issues to me is the fact that several ex-WotC executives are named in the suit. I do not know whether any of the suit's allegations are true, but the issue of the executives may be one of the most bitter parts of the dispute. (Personnel issues can easily become personal issues.)
Also, I seem to recall reading that one former WotC executive was being investigated for fraud allegations relating to accounting irregularities? Did anything ever become of that investigation?
Also, I seem to recall reading that one former WotC executive was being investigated for fraud allegations relating to accounting irregularities? Did anything ever become of that investigation?
Sirius_Black
First Post
I always knew the day would come that Drizzt and Pikachu threw down in a fight. I just didn't realize it would be in a court room.
The only thing missing is Mr. Cochran: "If the card doesn't flip...you must acquit."
The only thing missing is Mr. Cochran: "If the card doesn't flip...you must acquit."
broghammerj
Explorer
I'm more shocked by the money involved.
I can't believe that WOTC was bought for $325 million, employs 850 people, and had to lay off 100 people (most notably the important game designers)!!!!! If everything I hear is true about game designers not making enough money, then to me that seems like a lot of cash going into the Hasbro coffers. I realize there is a lot of overhead in the publishing industry, but come on that's a lot of cash. Did this surprise anyone else?
I can't believe that WOTC was bought for $325 million, employs 850 people, and had to lay off 100 people (most notably the important game designers)!!!!! If everything I hear is true about game designers not making enough money, then to me that seems like a lot of cash going into the Hasbro coffers. I realize there is a lot of overhead in the publishing industry, but come on that's a lot of cash. Did this surprise anyone else?
Loki3
First Post
Ya'Know I can understand a company wanting to protect its investment, or its patents............
But COME ON.... Another case of WOTC being monopolistic, grabastic, money hungry morons.
I mean, think about it they control the mechanic of tapping..... or turning a card sideways........
Thats like Company A owning the mechanic of ROLLING FREAKING DICE..... I buy there products, I like them however they sometimes really seem like the Microsoft of the RPG world.............
But COME ON.... Another case of WOTC being monopolistic, grabastic, money hungry morons.
I mean, think about it they control the mechanic of tapping..... or turning a card sideways........
Thats like Company A owning the mechanic of ROLLING FREAKING DICE..... I buy there products, I like them however they sometimes really seem like the Microsoft of the RPG world.............
Dragonblade
Adventurer
After reading the suit, I don't think this really has much to do with patent infringement as it does with Pokemon USA hiring away WotC's Pokemon staff and using them to startup its own Pokemon card game as soon as their contract expired.
I think WotC is in the right of it, which is one reason that Pokemon USA is already in settlement talks. They know they will get their ass handed to them in the courtroom so they settle with Wizards, probably agreeing to pay WotC some sort of royalty in order to use their CCG patents and in return for WotC lifting some of the nondisclosure strictures on their ex-employees.
Basically, WotC gets free money out of the deal and effectively offloads a low-profit property that they don't have to pay to license anymore. Good deal for them.
Nintendo spun off Pokemon USA in order to basically keep all the Pokemon profits in house. Lagging Gamecube sales are killing them and Pokemon is a cash cow for them, but they were previously only getting licensing fees while WotC got all the profits. They let their license with WotC expire, hire away all the WotC execs who managed Pokemon for WotC and go into business for themselves. Unfortunately, for Nintendo its too little too late. The Pokemon craze is dead and WotC is not just going to let themselves be screwed over like that. Bad move on Nintendo's part.
Somehow, I'm not surprised. Nintendo has a rep for screwing their partners over and making bad moves in the process. The biggest example of which is Sony and the development of the Playstation. The Playstation was originally going to be the Super Nintendo CD add-on system. Sony put a lot of development money into it and then Nintendo said forget it, we'll just stick with cartridges for now. Several reasons for that are Nintendo controls most cartidge manufacturing, not only do their 3rd party game makers have to pay high license fees, but their carts are usually manufactured by Nintendo as well. Nintendo didn't want to give up their control over cart manufacturing and they also believed that the kid audience preferred carts over CDs, because they don't scratch, etc. Nintendo didn't really consider the older gamer crowd that dominates the game market today.
Anyway, Sony got really pissed and decided to get their revenge by taking all those development dollars and turning their Super NES CD machine into the Playstation. They did and went over to the market that Nintendo had previously neglected, the older gamer crowd. A market that just exploded recently due to all those 80's Nintendo kids growing up. Sony became king and the rest is history.
I think WotC is in the right of it, which is one reason that Pokemon USA is already in settlement talks. They know they will get their ass handed to them in the courtroom so they settle with Wizards, probably agreeing to pay WotC some sort of royalty in order to use their CCG patents and in return for WotC lifting some of the nondisclosure strictures on their ex-employees.
Basically, WotC gets free money out of the deal and effectively offloads a low-profit property that they don't have to pay to license anymore. Good deal for them.
Nintendo spun off Pokemon USA in order to basically keep all the Pokemon profits in house. Lagging Gamecube sales are killing them and Pokemon is a cash cow for them, but they were previously only getting licensing fees while WotC got all the profits. They let their license with WotC expire, hire away all the WotC execs who managed Pokemon for WotC and go into business for themselves. Unfortunately, for Nintendo its too little too late. The Pokemon craze is dead and WotC is not just going to let themselves be screwed over like that. Bad move on Nintendo's part.
Somehow, I'm not surprised. Nintendo has a rep for screwing their partners over and making bad moves in the process. The biggest example of which is Sony and the development of the Playstation. The Playstation was originally going to be the Super Nintendo CD add-on system. Sony put a lot of development money into it and then Nintendo said forget it, we'll just stick with cartridges for now. Several reasons for that are Nintendo controls most cartidge manufacturing, not only do their 3rd party game makers have to pay high license fees, but their carts are usually manufactured by Nintendo as well. Nintendo didn't want to give up their control over cart manufacturing and they also believed that the kid audience preferred carts over CDs, because they don't scratch, etc. Nintendo didn't really consider the older gamer crowd that dominates the game market today.
Anyway, Sony got really pissed and decided to get their revenge by taking all those development dollars and turning their Super NES CD machine into the Playstation. They did and went over to the market that Nintendo had previously neglected, the older gamer crowd. A market that just exploded recently due to all those 80's Nintendo kids growing up. Sony became king and the rest is history.
Stormfalcon
First Post
One thing I have to wonder about in all this is the e-Reader factor. When Nintendo took over the card game, they started putting in the dot-code strips to allow the cards to work with the latest Pokemon carts for GameBoys. However, the e-Reader technology was something Nintendo licensed from someone else (I'm not sure which company, though). I have to wonder if having to help pay for the licensing for the dot-code technology might have been one of the reasons why WoTC passed on continuing the card game (aside from the popularity going down).
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