Turbine Faces Patent Troll

[Andy Chalk]

Turbine Faces Patent Troll

Treehouse Avatar Technologies claims Dungeons & Dragons Online infringes upon a patent it was granted just five months ago.

Patent infringement lawsuits aren't always the most exciting of tales, but this one has a twist. Treehouse Avatar Technologies has filed a lawsuit against MMO studio Turbine Inc., alleging that Turbine's Dungeons & Dragons Online and Lord of the Rings Online infringe upon U.S. Patent No. 8,180,858, "Method and System For Presenting Data Over a Network Based On Network User Choices And Collecting Real-Time Data Related To Said Choices" and heretofore referred to as "the '858 patent," which it holds.

"Turbine's Dungeons & Dragons Online and The Lord of the Rings Online tally the number of times selected character attribute(s) have been selected by a plurality of users," which violates at least one part of the Treehouse-held patent, according to the complaint. "Treehouse has been damaged by the infringement of Turbine and is suffering and will continue to suffer, irreparable harm and damage as a result of this infringement unless such infringement is enjoined by this Court."

But here's the twist: The patent was issued to Treehouse on May 15, 2012. That's about five months ago.

I readily admit that I can't even begin to grasp the many complexities of patent law, but Dungeons & Dragons Online has been running since 2006 and Lord of the Rings Online has been with us since 2007. Is it possible that a company can claim infringement on a patent that's only five months old by services that have been running for more than five years? Patent lawyers and those who play them on TV are welcome to chime in, but I'd be shocked if that turned out to be the case.

Treehouse is demanding a permanent injunction against Turbine, as well as damages "no less than a reasonable royalty, such damages to be trebled" pursuant to relevant legal provisions, plus costs, attorney's fees, interest and all the usual. And what a shame it will be if it gets any of it.

Source: GamePolitics [http://www.scribd.com/doc/109599420/Treehouse-Avatar-Technologies-v-Turbine]


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[deth2munkies]

This'll get thrown out, but it'll cost Turbine more than it's worth to do it.

 

[ResonanceSD]

This is a clear example of why the Patent System needs a reboot

 

[Lectori Salutem]

no less than a reasonable royalty

A slap in the face seems reasonable. No less.

 

[Adam Jensen_v1legacy]

Is it possible that a company can claim infringement on a patent that's only five months old by services that have been running for more than five years?

No, it isn't. Nothing to worry about.

 

[WanderingFool]

Oh... I though tthis was a story about that stupid fucking **** that keeps claiming every fucking electronics manufacture and whoever else is violating a patents claim that he holds...

I guess this is a plesant surprise than...

 

[TheMadJack]

Another idiot who wants to rake some cash in because s/he's too damn lazy to make something of his life.

Much more profitable to steal from others right? pffffff

And to think the patent office gives those people a green card on this... Gah.

 

[GonvilleBromhead]

I wonder if I can patent "a system by which money is extracted through the abuse of international intellectual property legislation through patenting theoretical technologies and concepts that are bound to be developed via the endeavour of someone else".

Bound to be a fortune in patent trolling patent trolls...

 

[Webb Myers]

Filing date was 2010, but it's a continuation of a continuation of a patent filed in 2000 (US6952716) that has a lot of generic language that could apply to any online RPG. It might be invalid. It might not. So basically, it's going to cost a lot of lawyer time.

 

[Twilight_guy]

Aren't you grandfathered in if you used something before it was patented?

Anywho, I feel like Turbine should give them all the money they earned exclusively from that system, which is nothing since they make money on their game not on one supporting feature of their game. Either that or give them a cut of the profits they earn from the sell of the game, which is likely also nothing if they have monthly subscription fees instead.

 

[Tireseas_v1legacy]

More likely than not, I suspect the patent itself will be invalidated as the system it protects is supposed to be novel and unique in the field. Seeing as the infraction exists longer than the patent itself, that will be a difficult argument to brake.

Alternatively, ex-post-facto may apply and immunize the publishers from suit.

 

[SnakeoilSage]

Yeah, good luck with that. I see pointless and wasteful litigation in your future.

 

[1337mokro]

You know. For once I would love to see a company go... "Fuck it. We are CRUSHING this guy. We don't care that it is going to cost us 5 times more than just settling we are going to crush this person. We're going to send a message to all the other morons that want to try and pull one of these on us.

He will be so much in debt once this is through that even his corpse will be impounded after we are done with him."

 

[Andy of Comix Inc]

You say trolls. I say Hutz.

 

[regalphantom]

If the system has been around for longer than the company has held the patent, it SHOULD be thrown out as patenting prior art. In simplistic terms, a patent is only valid if you can prove that you were the first to develop the system, you couldn't for example, patent the wheel, because there are previous examples of that technology that exist, produced by other people, prior to your application for a patent.

 

[Some_weirdGuy]

Are there laws which make patent trolls have to pay excessive fines for trying to scam a legal system, like they are doing? Cause by god there should be...

 

[insanelich]

No, it isn't. Nothing to worry about.

You Are Not A Lawyer.

The filing date is the one that matters.