Wildcat Sues Magic Online Devs Over Decade-Old Patent

[JonB]

Wildcat Sues Magic Online Devs Over Decade-Old Patent

A company based in Texas has alleged that Magic: The Gathering Online infringes on its 'Electronic Trading Card' patent originally filed in 1995.

In a not uncommon, but nonetheless strange turn of events, Wildcat Intellectual Property Holdings is suing Wizards of the Coast for patent infringement for its game Magic: The Gathering Online. Wildcat is the holder of a patent for an "Electronic Trading Card," and has been since that patent was issued in 2001. The "ETC" patent was first filed in 1995. Wizards of the Coast, meanwhile, opened its Magic: The Gathering Online game in 2002, and has operated it blissfully unaware ever since. Wildcat then filed suit last year against a multitude of companies, alleging violations of its "Electronic Trading Card" patent. The defendants in that lawsuit included Wizards of the Coast, Electronic Arts, Nintendo, Sony, and Zynga - 11 high profile companies in total.

Given that M:tGO has been printing money for Wizards for going on ten years now, just about the same amount of time Wildcat has actually had this patent, it's hard not to question the legitimacy of the lawsuit. Even if the suit is legally sound, it's likely that Hasbro's lawyers, and Hasbro's billions of dollars [http://en.wikipedia.org/wiki/Hasbro], will have something to say about a threat to one of their very profitable and long lasting brands.

Source: Joystiq [http://www.joystiq.com/2012/11/05/wizards-of-the-coast-sued-over-electronic-trading-card-patent/]


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[GTwander]

I know next to jack about patent law... but isn't there some rule that states you have to ACTUALLY pursue a prototype and distributable product within an allotted amount of time?

If not, I'ma save up a couple grand and patent "intaking gasses through lungs in order to absorb oxygen", then sue every ************ that breathes.

 

[Telumektar]

Decade-old?

Last time I checked 1995 was a lot closer to being 20 years ago...

And I think MTG had a VERY old PC game that played just like their own card game a looong while ago. I'm not sure, but it had the graphics and interface of a true nineties, turn-based game.

 

[triorph]

I know next to jack about patent law... but isn't there some rule that states you have to ACTUALLY pursue a prototype and distributable product within an allotted amount of time?

If not, I'ma save up a couple grand and patent "intaking gasses through lungs in order to absorb oxygen", then sue every ************ that breathes.

No but there is a rule about patenting stuff that people are already doing, so your idea wouldn't work while there's might actually hold up.

 

[vxicepickxv]

I know next to jack about patent law... but isn't there some rule that states you have to ACTUALLY pursue a prototype and distributable product within an allotted amount of time?

If not, I'ma save up a couple grand and patent "intaking gasses through lungs in order to absorb oxygen", then sue every ************ that breathes.

The patent for a form of software allows you to do whatever you want with the patent for 18 years from the date of the infraction.

Depending on the exact wording of the patent, Hasboro will actually call it a "potential" electronic medium to convert data from purchased or traded product to physical product instead of electronic cards, or even just call them digital objects(MODO) to smash the face of the patent toll.

 

[KeyMaster45]

I'm not sure what angers me more. That the troll is even able to file the lawsuit in the first place, or that Hasbro will most likely settle with them for an absurd amount of money, or god forbid actually pay the fucker for a license.

 

[GTwander]

The patent for a form of software allows you to do whatever you want with the patent for 18 years from the date of the infraction.

Man... that law had to have been written back before they realized how quickly tech can change formats. It's almost begging society to be held back technologically by a pack of usurpers.

 

[Royas]

Given that M:tGO has been printing money for Wizards for going on ten years now, just about the same amount of time Wildcat has actually had this patent, it's hard not to question the legitimacy of the lawsuit. Even if the suit is legally sound, it's likely that Hasbro's lawyers, and Hasbro's billions of dollars [http://en.wikipedia.org/wiki/Hasbro], will have something to say about a threat to one of their very profitable and long lasting brands.

Unfortunately, we all very well know that what they are going to say is "Here, have some money, go bother somebody else now, troll." Thus giving legitimacy to the patent in future cases and making the holders free money for basically doing nothing. It's almost always a lot cheaper to settle than it is to fight, even if you win in these cases. That alone tells me that reform is very, very badly needed in IP law.

 

[Bob_F_It]

There's protecting your patents, and then there's using them for the sake of screwing other people out of money.
This seems to be a case of trying to patent a very universal concept, like drawing a line down the middle of a double bed. It's idiots like this who devolve the power of patent laws by abusing it.

 

[knight4light]

Wizards of the Coast, Electronic Arts, Nintendo, Sony, and Zynga. Not counting zynga.. who has sues left and right coming at it. Do they really think they have leverage against the others. say what you will about EA but Wiz, Nin, and Sony are not pushovers. One does not simply sue nintendo... who had electronic trading cards before there were electronic trading cards.

http://en.wikipedia.org/wiki/Pok%C3%A9mon_Trading_Card_Game_%28video_game%29

Also.. what of urban rivals.... that is based on trading cards... they gonna sue them too? I hate our sue-happy society sometimes.

 

[JSoup]

an... that law had to have been written back before they realized how quickly tech can change formats. It's almost begging society to be held back technologically by a pack of usurpers.

It's generally agreed that the law hasn't caught up to the technology yet and probably won't for a while.

Captcha: bread of life

 

[Bevin Warren]

chances are the judge will throw it out and dismiss the Patent as like with Trademarks you have to defend a Patent regularly in order to claim it... its to prevent people stiffling technological progress...
and likely Patent wont be upheld due to other companies having prototypes of the same thing and the concept being regarded now as industry standard...

 

[gardian06]

chances are the judge will throw it out and dismiss the Patent as like with Trademarks you have to defend a Patent regularly in order to claim it... its to prevent people stiffling technological progress...
and likely Patent wont be upheld due to other companies having prototypes of the same thing and the concept being regarded now as industry standard...

then they should have sued like (checks calender) 11-12 years ago unless they are going to try and say that they found out about all these recently

Captch: (blank)
no really there is nothing there now you are just fucking with me.
after refresh: do vato others
it is official captch just went retarded

 

[VoidWanderer]

Wow...

This is right up there next to the woman who claims that she owns the sun...

 

[Paradoxrifts]

When, if ever, was the last time a computer game based on the Magic: The Gathering card game actually featured a game mechanic that allowed you to trade virtual cards? Is it not the whole point of buying the computer game that you can whip up a virtual deck from pretty much any magic card that has ever been in print?

Does this latest troll seriously think that a person or company who first creates a collectable card game, and then goes on to publish an electronic version of that same card game owes them money?

Patent trolling should be a criminal offense punishable by death by fire.

 

[Shinsei-J]

What the hell, this is like saying you own the RTS genre.
God I hate patent trolls.

 

[SL33TBL1ND]

I'd say the fact that they've had over a decade to dispute this will probably mean that Wizards wins this one.

 

[Notsomuch]

This is like someone saying that they patented the concept of 'video games' and decided to sue every other content creator for infringement. it would be like if someone claimed they owned the patent for painting and retroactively sued every art gallery and painter on the planet. It would be like saying you owned the patent for cinema and sued every.. Oh wait, that happened.