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The legal battle between Nintendo and Pocketpair, the developer of the popular game Palworld, is ongoing, and the latest information about Pocketpair’s defense comes from the portal GamesFray, which specializes in legal topics in the gaming industry. Details presented to the Tokyo District Court reveal a strategy by which Pocketpair is challenging Nintendo’s accusations of patent infringement, which could have far-reaching consequences for the gaming industry.
Pocketpair claims that the patents cited by Nintendo are not original because similar mechanics are already in use in a host of other games and technologies, which in legal terms is called “prior art.” Their argument is that Nintendo should not have been granted those patents at all because the mentioned mechanics were already in use. As evidence, Pocketpair cites an impressive list of games, including their own title Craftopia (2021), ARK: Survival Evolved (2017), Rune Factory 5, and even Nintendo’s The Legend of Zelda. In addition, the defense includes mods like Pixelmon for Minecraft and Nukamon for Fallout 4.
Among the cited titles are Pokémon Legends: Arceus, Pokémon Sword and Shield, Final Fantasy XIV, Tomb Raider, Far Cry 5, Pikmin 3 Deluxe, Titanfall 2, Octopath Traveler, Monster Hunter 4G/Ultimate, and many others. Pocketpair points out that games like Rune Factory 5, Titanfall 2, and Pikmin 3 Deluxe demonstrate mechanics for throwing items or releasing characters, while Pocket Souls, Octopath Traveler, and Final Fantasy XIV demonstrate systems for targeting and assessing capture chances. Besides games, the Unity game engine is also cited as evidence.
According to Pocketpair, the combination of elements from these games proves that Nintendo’s patents are neither unique nor innovative, which is a key requirement for patent validity under Japanese law. This strategy sheds new light on the issue of patents in the gaming industry and could fuel discussions about the extent to which common mechanics can be protected. The Tokyo court has yet to make a ruling, but Pocketpair’s detailed defense shows they are prepared for a fight.
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