In the latest salvo in the ongoing debate about whether certain game mechanics are exploiting kids, Senator Josh Hawley (R-MO) announced that he has introduced a bill to ban the alleged exploitation of children through “pay-to-win” and “loot box” monetization.
Game Counsel
The Go-to Resource for Legal Insights in the Gaming and Esports Industries
Game Counsel, published by Sheppard, Mullin, Richter & Hampton LLP, focuses on legal issues at the intersection of gaming, technology, and intellectual property. The blog covers topics such as regulatory developments affecting social casino sweepstakes, legal challenges related to AI and voice cloning, copyright and licensing frameworks for AI training, and legislative efforts addressing digital replicas and deepfakes. It also addresses enforcement actions by state authorities against online gaming platforms and explores the evolving legal landscape for gaming companies, content creators, and technology developers. The blog provides insights into privacy, consumer protection, and intellectual property rights as they relate to the gaming and AI industries.
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Converting an IPR Loss into a District Court Win
It is very common to defend against a claim of patent infringement by litigating in the district court and the PTAB in parallel. The most straightforward-way for the defendant to win is to persuade the PTAB that the asserted patent…
EU Objects to Game Companies Geo-blocking Video Games
By James Gatto
The European Commission has informed various game companies (platforms and publishers) of its preliminary view that the companies prevented consumers from purchasing video games cross-border from other Member States, in breach of EU competition rules.…
DOJ Asserts Wire Act Opinion Doesn’t Cover Lotteries
By James Gatto
In an effort to side-step the lawsuit filed against it by the New Hampshire Lottery (and others), the Department of Justice (DOJ) asserts that its recent reinterpretation of the Wire Act doesn’t apply to lotteries. As we previously reported,…
Caution to Game Companies: PTAB Continues to Preclude PTAB Challenges That It Views As Untimely
By Harper Batts & Chris Ponder
In a proceeding that included Patent Office Director Andrei Iancu on the panel, the PTAB issued an order this past week denying institution of 3 IPRs filed by Valve. The decision demonstrates that the PTAB continues to tighten its standards…
FTC Loot Box Workshop Announced
By James Gatto
The Federal Trade Commission FTC has announced that it will hold a public workshop on August 7, 2019 to examine consumer protection issues related to video game “loot boxes.” As we have previously reported, loot boxes have been under…
Unpacking Recent Loot Box Updates
As we have previously reported, as loot boxes have become increasingly popular in high-profile video games, they have come under greater legal scrutiny. Several jurisdictions have indicated they are not illegal gambling, but other jurisdictions have found some implementations to…
DOJ Sued Over its Reinterpretation of the Wire Act
By James Gatto
It didn’t take long. The New Hampshire Lottery has sued the Department of Justice (DOJ) to prevent enforcement of the DOJ’s opinion (issued last month) reinterpreting the Wire Act. As we reported last month, the DOJ reversed the position it took in 2011 that the…
Failure to Launch: Not Identifying the Proper Parties Can Prematurely End an Video Game IPR Challenge
By Harper Batts & Chris Ponder
Most video game patents that are asserted in litigation are also challenged at the PTAB through IPR or PGR petitions. Patent Owners looking for new ways attack such challenges have turned to the failure to disclose real-parties-in-interest (“RPI”). Under 35 U.S.C.…