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Which Patents Have You Violated Today?
Price $5.95
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SKU GDC-06-035
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Which Patents Have You Violated Today?,
1555

Business and Management, Lecture

Stephen Rubin
Attorney, Law Office of Stephen Rubin
The expanding number and scope of patents relating to game technology will be discussed in the context of what motivates inventors to seek and then enforce patents. Representative patents will be considered using a PowerPoint display of portions of actual patents and complaints in federal cases. The steps that can be taken by developers and publishers to increase their sensitivity to patent risks and their ability to detect and avoid the claims of patent owners will form the core of the lecture. Illustrations will be given based on actual cases or game-industry hypotheticals. The presentation will assess the enduring debate whether ignorance of a patent is bliss (or, in this context, a viable legal defense).

Multi-million dollar patent lawsuits are becoming a staple of the video game industry. For major publishers, such cases increase the cost of doing business. But for developers drawn into major patent litigation, the experience can be a game-ending event. Patent suits cover a wide sweep of game technology, including the use of horizontal scrolling in Atari v. Sega, vehicle gameplay and display methods in Crazy Taxi v. The Simpson’s Road Rage, basic methods of 3-D panning in American Video Graphics v. Electronic Arts, and the method and apparatus for remote multi-player games with voice-over chat functionality in Hochstein v. Microsoft. What the patents in these cases share is a wide net of invention claims that ensnares developers and publishers who are unaware the technology has been patented, incredulous the technology could be patented, and in all events of firm belief their own technology is noninfringing. Patent owners have come to view enforcement as a separate revenue stream. The litigation cost to developers is so prohibitive that effort must be made to avoid the possibility of a patent claim. This session will explore those preventive efforts, principally: (1) developing a sense of patent enforcement risks; (2) obtaining a workable knowledge of relevant patents; (3) assessing their validity; (4) avoiding infringement of valid claims; and (5) responding to infringement letters. The session will provide a basic understanding of the contents of patents and the available defenses to validity and enforcement. It will discuss how much of patent infringement prevention can be done my staff, and when to call in the lawyers.

All GDC attendees will understand and benefit from this lecture, in particular producers and programmers. The discussion of patents will be tailored to a lay audience. Many are aware of the heightened risk through such well-publicized cases as the patent battle now raging over the BlackBerry wireless email technology. The presentation will provide the tools for the audience to more accurately access and counter the risk of patent infringement facing their particular game. These tools and methods start with very basic concepts of patent content and research and advance to the point when it is appropriate to engage patent counsel.

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