Pocket Pair, the developer of Palworld, which is being sued by Nintendo, reveals the three patents at issue, sparking a variety of reactions overseas



On September 19, 2024, Nintendo and The Pokémon Company sued Pocket Pair, the developer of Pal World, for patent infringement. On November 8, 2024, Pocket Pair reported on the current status of the patent infringement lawsuit, revealing which specific patents Nintendo claims were infringed. Various reactions were made to this from overseas media and industry figures, which we have summarized here.

Report on patent infringement lawsuit | Pocket Pair Co., Ltd.
https://www.pocketpair.jp/news/20241108?lang=ja




On November 8, 2024, Pocket Pair revealed that it had been sued by Nintendo and The Pokémon Company for infringing the following three patents:

・Patent No. 7545191 (Patent application date: July 30, 2024, Patent registration date: August 27, 2024)
・Patent No. 7493117 (Patent application date: February 26, 2024, Patent registration date: May 22, 2024)
・Patent No. 7528390 (Patent application date: March 5, 2024, Patent registration date: July 26, 2024)

Patent No. 7545191 is a patent for 'a gimmick for throwing an item at any character on a field in a virtual space,' Patent No. 7493117 is a patent for 'a gimmick for using a capture item to capture a character,' and Patent No. 7528390 is a patent for 'a gimmick for a character to ride another character and move around.'

Pocket Pair commented only that 'We will continue to assert our position on this matter through future legal proceedings,' and did not state any policies or claims regarding the litigation.

Inkfy , a freelance illustrator, said, 'I hope Nintendo fails this lawsuit because the same gimmicks are used in other monster capture games other than Pokemon. These gimmicks are widespread and if the lawsuit is successful, it will have an impact on the entire genre.'




Arex , a game streamer living in Japan, said, 'The first patent is about aiming or throwing an item at any type of character/creature on a virtual field to start a battle. The second patent is about capturing creatures in an open area or field. It's not about combat. The third is about a mechanism for riding creatures or switching to other creatures in an open world.' 'All of these patents were filed after Pal World was released, but they seem to be divisional applications of patents that were already filed in 2021 or 2022.' 'Nintendo is seeking an injunction and damages (5 million yen and late payment damages from Nintendo and The Pokémon Company, respectively), but the legal costs against Nintendo will probably be enormous to pay. I can't imagine it. In the end, this may just be a bullying tactic. Are they trying to crush Pocket Pair by imposing strict legal costs? To prevent them from complying with the injunction? However, this is just my personal opinion, I'm not a lawyer and I'm an outsider.' 'In the end, Sony Music, Aniplex, 'I think the establishment of Palworld Entertainment , a joint venture by Pocket Pair, was the turning point that led Nintendo and The Pokémon Company to file a lawsuit. Is this ultimately a clash between Nintendo and Sony? Is it a war between the companies? No one knows,' he said.




Destin , who works in the gaming industry and also posts videos as a YouTuber, pointed out that he is only being asked to pay 5 million yen each in damages from Nintendo and The Pokémon Company, as well as late payment penalties, calling it 'not a significant amount.'




Internet personality Dare Obasanjo also questioned the low patent filing date and damages amount, saying, 'Nintendo is suing for 5 million yen based on a patent filed after the release of Pal World. I'm sure the legal fees will be much more than what they'll get out of this lawsuit. It's so strange.'

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Many Internet users have questions about the fact that all of the patents that Palworld is alleged to have infringed were filed after the release date of Palworld, but lawyer Justin explains, 'Let's be clear about a few points. The patents that Palworld is alleged to have infringed are divisional applications of patents filed on December 22, 2021, before Palworld was released. The amount of damages claimed is not important, what's important is the injunction. There is a high possibility that the investigation will find evidence of patent infringement by Pocket Pair.'




Andrew Belzen of MBHB, who specializes in patent-related litigation, wrote in September 2024, 'The fact that Nintendo is suing for patent infringement rather than copyright infringement has further increased the attention on this lawsuit. Some may think that because Nintendo is suing for patent infringement, the company has given up on copyright infringement lawsuits, but given Nintendo's litigation history, I don't think the company has completely abandoned the possibility of suing for copyright infringement. Still, I think it would be difficult to argue that the Pal World characters look like Pokemon.' 'The important question at this point is whether Nintendo will also file a lawsuit in the United States for patent infringement that it filed in Japan. This is difficult to judge because there is a lack of information underlying the Japanese patent infringement lawsuit.' 'This lawsuit shows how seriously Nintendo takes the threat of Pal World,' he wrote in GamesIndustry.biz .

On the other hand, Games Fray , which deals with litigation issues in the gaming industry, pointed out that 'the lawsuit between Nintendo and Pocket Pair is problematic for various reasons, including from the perspective of innovation.' Furthermore, it criticized the way Nintendo filed divisional patent applications to sue Pocket Pair, saying, 'Nintendo is trying to create a patent thicket . What Nintendo wants to do is to make it impossible for Pal World to remain Pal World. As long as the game mechanic of capturing monsters remains intact, Nintendo's various patents should stand in the way in Japan. Even if this patent fails, other patents should stand in the way of Pocket Pair as an obstacle.'

Games Fray said that if there is technological innovation, it is not fatal for a patent to include game rules, but if a patent is passed off as such without any technological innovation, as in this case, the patent becomes a means to monopolize the game rules. Games Fray continued, 'Nintendo and The Pokémon Company have the right to protect their masterpieces from plagiarism. However, the facts revealed in the Japanese patent infringement lawsuit against Pocket Pair suggest that there is no plagiarism problem, but that large companies are simply trying to abuse their patents.'

Digital media ScreenRant said, 'Palworld fans are in favor of Pocket Pair,' and noted, 'Palworld's open world, survival, and crafting elements have depth that Pokemon doesn't have.' Furthermore, they pointed out that patenting game mechanics is an act that affects the entire industry, 'creating a conflict between protecting intellectual property and promoting innovation.'

Forbes , a business newspaper, said, 'Considering that Pal World is a game that has sold over 25 million copies on PC and Xbox, the 10 million yen damages (from Nintendo and The Pokémon Company combined) is pocket change.' 'This lawsuit doesn't seem to be about making money, it seems to be about sending a message. However, Pocket Pair will have to waste a lot of money and time on legal fees. It's very strange to see Nintendo acting like a patent troll,' they said, pointing out that Nintendo's lawsuit is not about money.

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