JaGeX Killed a Patent Troll

[primadog]

Last year, the Boston Globe reports that major MMO publishers (Blizzard, Turbine, SOE, NCSoft, and Jagex) are being sued by Paltalk, which holds a patent on 'sharing data among many connected computers so that all users see the same digital environment' a patent that would seem to apply to any multiplayer game played between multiple systems, at the very least. Paltalk has already received an out-of-court settlement from Microsoft earlier this year in relation to a lawsuit over the Halo games. If Microsoft can't fend off Paltalk's legal attacks, the odds don't look good for their latest group of targets." http://games.slashdot.org/story/09/09/18/0347209/Major-MMO-Publishers-Sued-For-Patent-Infringement

 

"Gamasutra reports that a US District Court judge has dismissed the patent infringement lawsuit brought against RuneScape developer Jagex discussed previously on Slashdot. Judge David Folsom last week dismissed online chat company Paltalk's claims that Jagex infringed on Paltalk patents relating to online network communications. The judge's ruling only resolved Jagex's case. Microsoft settled with Paltalk for an undisclosed sum in 2009 after the online communication technology company sued over the patents in a $90 million claim. That settlement opened the door to Paltalk's claims against other game companies, including Blizzard, Turbine, SOE and NCSoft. Paltalk alleged in the Jagex-related suit that it had suffered 'tens of millions of dollars' in damages. Jagex CEO Mark Gerhard said in a statement, 'It is exceedingly unfortunate that the US legal system can force a company with a sole presence in Cambridge, UK to incur a seven-digit expense and waste over a year of management time on a case with absolutely no merit,' and that Jagex 'will not hesitate to vigorously defend our position against any patent trolls who bring lawsuits against us in the future.'" http://games.slashdot.org/story/10/11/19/0550219/RuneScape-Developer-Victorious-Over-Patent-Troll

 

http://www.gamasutra.com/view/news/31597/UKBased_RuneScape_Dev_Jagex_Wins_Patent_Infringement_Lawsuit.php

[spoiler=Article on Gamasutra]A U.S. District Court judge has dismissed a patent infringement lawsuit brought against RuneScape developer Jagex, but not before the UK studio spent a purported seven figures defending itself.

 

Judge David Folsom last week dismissed online chat company Paltalk's claims that Jagex infringed on Paltalk patents relating to online network communications, according to court documents obtained by Gamasutra.

 

"After reviewing source code for the RuneScape video game made available by Jagex, Paltalk and Jagex agree that the RuneScape video game does not infringe the patents-in-suit," wrote the judge. "Accordingly, judgment of non-infringement is entered in this case."

 

RuneScape is a free-to-play MMORPG that launched in 2001, and at the time of the suit's filing had around 10 million active players per month. Andrew and Paul Gower, founders of the Cambridge, UK-based studio, earlier this year were listed among the country's wealthiest game entrepreneurs.

 

Along with Jagex, Paltalk also sued game companies Sony Computer Entertainment America, Sony Online Entertainment, Sony Corp., Activision Blizzard, Blizzard Entertainment, NCsoft and Turbine, accusing them all of infringing on the same patents, 5,822,523 and 6,226,686 titled "Server-group messaging system for interactive applications."

 

The judge's ruling only resolved Jagex's case. Microsoft settled with Paltalk for an undisclosed sum in 2009 after the online communication technology company sued over the patents in a $90 million claim. That settlement opened the door to Paltalk claims against other game companies. Paltalk alleged in the Jagex-related suit that it had suffered "tens of millions of dollars" in damages.

 

The judge said that the order of non-infringement is final, with both Jagex and Paltalk waiving the right to appeal the ruling. Both parties are to cover their own legal fees.

 

The ruling favors Jagex, but for company CEO Mark Gerhard, the damage is already done. "It is exceedingly unfortunate that the U.S. legal system can force a company with a sole presence in Cambridge, UK to incur a seven-digit expense and waste over a year of management time on a case with absolutely no merit," he said in a statement.

 

"This anomaly, which could easily break smaller studios, doesnt happen in the UK since you can pursue frivolous litigants for the costs of such claims," he added. "We are particularly disappointed that Paltalk did not, at any stage prior to filing the lawsuit, seek to contact us to clarify that Jagexs game platform did not infringe Paltalks patents."

 

While a settlement may have have been less costly than drawn-out litigation, Gerhard said that Jagex "will not hesitate to vigorously defend our position against any patent trolls who bring lawsuits against us in the future." Reps for Paltalk did not immediately return request for comment.

 

 

Edit:

Patents is an important part of our country's intellectual property system. A well executed patent system requires publication of innovative technologies for public use in exchange for a limited time period in which the patent holder igains exclusive usage rights. Our current patent system, especially when it comes to software patents, has become broken beyond repair and abused by companies that we refer to as "patent trolls."

 

Patent trolls do not innovate. Their business model is to purchase frivolous software patent caches on the cheap, often from business failures, then turn around and use these patents to extract money from actual productive members of society, launching frivolous lawsuits like these. See wikipedia for more information: http://en.wikipedia.org/wiki/Patent_trolls

[Seer]

Well that was interesting to read. I'm not quite sure I understand it all, but what I got from it is that the company suing the other MMO companies on accounts of sharing information? To me, that's really stupid to hear, but then again I make it a point to avoid politics. I'm glad to hear that Jagex took them down, and then humiliated them even further by calling them trolls.

[Blutters]

He actually called them trolls... Rofl!

 

I'm not sure about how "frivolous" Paltalk's claims are, however. Look at their company name for one - Pal-Talk; talking with pals. Taking that, one could suppose that Paltalk's entire company was founded on the most basic principle of online interaction - communication - and thus perhaps had legitimately "invented" the notion that all MMORPGs are built on...

[Zierro]

That's why certain patents are just ridiculous. "I invented the concept of enemies in video games! No one can copy!"

[Junkmutt]

Does anyone have a copy of that patent? I want to make sure that I am not violating the patent by posting on facebook/twitter. :o I hope tif can't be sued!

 

Edit: Nvm found the patents. Looks like the first one is about the PM system and the second one is the server connections.

[Bladewing]

He actually called them trolls... Rofl!

 

I'm not sure about how "frivolous" Paltalk's claims are, however. Look at their company name for one - Pal-Talk; talking with pals. Taking that, one could suppose that Paltalk's entire company was founded on the most basic principle of online interaction - communication - and thus perhaps had legitimately "invented" the notion that all MMORPGs are built on...

ya cause no one should be allowed to write books since they're based on the concept gutenberg invented

[Emerson]

Haha, a 7 digit expense and valuable management time over the course of a year? That explains why updates have been so dry :rolleyes:

[Guest cocolove]

That's why certain patents are just ridiculous. "I invented the concept of enemies in video games! No one can copy!"

[Sir_Squab]

Jagex, give us better updates now that your not spending a 7-digit figure on trolls please.

 

Unless you want to use that money to bring the fight to them, or defend innocents from this troll. That would also make me happy.

[Den]

Patent trolls... I couldn't agree more. :P

 

Atleast they didn't lose.

[Bladewing]

That's why certain patents are just ridiculous. "I invented the concept of enemies in video games! No one can copy!"

this bot brings new meaning to the expression "samefg"

[Blutters]

He actually called them trolls... Rofl!

 

I'm not sure about how "frivolous" Paltalk's claims are, however. Look at their company name for one - Pal-Talk; talking with pals. Taking that, one could suppose that Paltalk's entire company was founded on the most basic principle of online interaction - communication - and thus perhaps had legitimately "invented" the notion that all MMORPGs are built on...

ya cause no one should be allowed to write books since they're based on the concept gutenberg invented

Try not to be so narrow-minded. It's easy to say something's "simple" or "obvious" after it's already existed for a while, and it's pretty natural to side with known companies over those with little or no reputation, which is exactly how the latter can get royally screwed.

The case wasn't simply about using the internet as a medium of communication and certainly wasn't clear-cut if it ran for an entire year.

 

I would simply like to know how long Paltalk has existed, since as I said in my first post, the name is pretty basic. I would also say that even if Paltalk were in the right, they waited a little too long to do anything about it... :rolleyes:

[Krampell]

How the hell can somone claim patent on that something like that?

That's like taking patent on fire or something that is pretty obvious is going to be used by everyone when it's discovered.

Also.

Lol Patent troll, best name for something like that ever :D

[primadog]

Here are the two patents in question:

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=5,822,523.PN.&OS=PN/5,822,523&RS=PN/5,822,523

http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/PTO/srchnum.htm&r=1&f=G&l=50&s1=6,226,686.PN.&OS=PN/6,226,686&RS=PN/6,226,686

 

The patents are filed by MPlayer/HearMe, which developed the namesake gaming matchmaking service that was utilized by Quake, C&C, and other games. MPlayer was near bankruptcy by 2000 and its technologies sold off, apparantly to the patent troll in question.

[Youmu]

Hopefully, once Jagex gets this cleared up stuff here will turn the better.

 

At least there will be no more "patent trolls" to bother Jagex anymore lol.

[sees_all1]

IP disputes are not frivolous, and if you read into the article, they brought the suit because it appeared Jagex was infringing on their rights. When they examined the source code, and the claims in the patent, they found this was not the case.

 

Obtaining a patent is not an easy process, and it is not cheap either. Patents (especially in tech/computer fields) tend to take on the order of 5-7 years if all goes well, and may cost in excess of $100,000. In the United States, a patent grants you up to 20 years of a monopoly on your invention. If Jagex was infringing on the patent holder's rights, they should pay. This was not the case, and its unfortunate that the lawsuit took so much time, effort, and money to defend.

 

 

Also, for all of you young budding game developers, I suggest you do not look at those patents.

If you knowingly infringe on patents in the United States, you're liable for triple damages. The easiest way to avoid this is to stay ignorant.

[Zierro]

That's why certain patents are just ridiculous. "I invented the concept of enemies in video games! No one can copy!"

 

ah my gawd im goin to sue

 

No but really, that was very touche of you.

[Greedy]

It was Evil Dave from his basement. Nice courtcase :mrgreen:

[Mercifull]

A victory in a battle that should never have taken place. MS should NEVER have settled with a troll. It's like paying ransom to pirates, everyone knows full well they put that money into gearing up for more attacks.

[glasscube]

IP disputes are not frivolous, and if you read into the article, they brought the suit because it appeared Jagex was infringing on their rights. When they examined the source code, and the claims in the patent, they found this was not the case.

 

Obtaining a patent is not an easy process, and it is not cheap either. Patents (especially in tech/computer fields) tend to take on the order of 5-7 years if all goes well, and may cost in excess of $100,000. In the United States, a patent grants you up to 20 years of a monopoly on your invention. If Jagex was infringing on the patent holder's rights, they should pay. This was not the case, and its unfortunate that the lawsuit took so much time, effort, and money to defend.

 

 

Also, for all of you young budding game developers, I suggest you do not look at those patents.

If you knowingly infringe on patents in the United States, you're liable for triple damages. The easiest way to avoid this is to stay ignorant.

 

You are everything wrong with the current state of computer software if you are supporting software patents.

[NastyJenny]

By reading the abstract part... it basically appl;ies to anything computer related nowadays... Summary of the invention without even once saying what it is... lolz

 

Guess there isn't a law in the US yet that makes the one that sues injustifically pay all expenses related to it. So much needed lol

[Legionwizard]

That's why certain patents are just ridiculous. "I invented the concept of enemies in video games! No one can copy!"

I believe to remember from an intellectual property course you can't patent ideas. Anyway someone here said not to look at patents, which is a good way (not entirely, bit ignorance is sometimes bliss). It's all about your own implementation of an idea, which is why Gerard said he was dissappointed that PalTalk didn't seek contact at first. It wasn't until they reviewed the actual source code, that it turned out PalTalk couldn't sue Jagex. It's cause the idiots realised Jagex' implementation and possible other ideas of how to implement the technology showed distinguishable different features, proving Jagex had developed it's system without copying over from patents.

[Guest jrhairychest]

Excellent topic. Really enjoyed reading about this :thumbsup:

[Sephy_]

US Law system ftw. y/n? :mellow:

[Hameigh]

Guess when Jagex says they really write all their own code and use mostly inhouse software they mean it. :thumbup: