Summary
Nintendo’s lawsuit againstPalworlddeveloper Pocketpair is “a clear case of bullying,” patent analyst Florian Mueller has said. He did so as part of a wider analysis of some recently uncovered details about thePalworldcomplaint that Nintendo and The Pokemon Company filed in mid-September 2024.
The newly emerged information was shared by Pocketpair on November 8, when the company revealed whichthree patentsPalworldwas accused of infringing. The developer also disclosed that the plaintiffs are seeking an injunction to haltPalworldsales in Japan, along with the equivalent of roughly $65,600 in royalties plus late payment damages.
Patent analyst Florian Mueller subsequently shared an in-depthexaminationof the intellectual property central to the case, labeling the lawsuit as “a clear case of bullying.” His fundamental argument is that none of thepatents Nintendo claimsPalworldhas infringeddescribe any kind of technological innovation. Instead, they cover systems for capturing creatures and riding on them, mechanics that Nintendo itself acknowledged already exist in other games as part of its filings. Their only “innovative” elements are related to game mechanics, which are unpatentable everywhere in the world, Japan included.
Nintendo’s Patents Cited in Palworld Lawsuit Might Be Invalid
Nintendo circumvented this by sprinkling “token references” to generic hardware and software components throughout its filings, Mueller says. E.g., the patented creature-capture technology mentions “primary” and “secondary” hardware inputs, referring to a gamepad with an analog stick and a button. The illustration accompanying this description depicts something akin to thePoke Ball Plus controlleras an example of such an input mechanism. A gamepad is ostensibly not something that could have been categorized as an innovation in late 2021, when the patent was first filed. And combining conventional controller input with something unpatentable like game rules doesn’t seemingly help the patent’s validity, either.
Although Nintendo has nonetheless managed to secure these patents in Japan, it remains to be seen whether its new IPs can survive a serious court review. For the time being, Mueller believes that “Nintendo wants to wage patent lawfare over game rules.” And while he previouslyopined that thePalworldlawsuit won’t do major damage, he now warns that, if successful, it could have “disastrous ramifications” for the entire gaming industry.
Nintendo wants to wage patent lawfare over game rules.
Nintendo’s Palworld Lawsuit Could Take Years To Be Resolved
Speaking to Game Rant, Mueller said that this lawsuit could take several years to be resolved if it doesn’t end in a settlement. Asked whether Pocketpair could arguePalworldis prior art, the analyst said that’s possible but complicated. AlthoughPalworldand its creature-capture mechanics were announced in mid-2021, half a year before Nintendo applied for the first of the patents central to the case, that alone isn’t enough. “There must be more, such as a rather specific description of how the feature is implemented, to count as prior art [before the game’s released]” Mueller said.
Palworld
WHERE TO PLAY
In this game, you can peacefully live alongside mysterious creatures known as Pals or risk your life to drive off a ruthless poaching syndicate. Pals can be used to fight and breed, or they can be made to work on farms or factories. You can even sell them or eat them.Survival: In a harsh environment where food is scarce and vicious poachers roam, danger waits around every corner. To survive, you must tread carefully and make difficult choices…even if that means eating your own Pals when the time comes.Mounts & Exploration: Pals can be mounted to traverse the land, sea and sky—allowing you to traverse all kinds of environment as you explore the world.Collect all kinds of exciting Pals to fight, farm, build, and work for you in this completely new multiplayer, open world survival and crafting game!
