Shadow Of Law: The WB Games Nemesis Patent Controversy (VL410)

The nemesis system found in WB's Shadow of Mordor (and its follow-up Shadow of War), has long been lauded for adding an interesting bit of personality and flexibility into the sometimes tired genre of the open world action-adventure.

But while many have wondered why we haven't seen the system utilized in other games, the answer is perhaps the true nemesis of the story: patent law.

What has WB patented? What is a "method" patent and why is it different from how some may be interpreting it? Could the patent be invalidated? And what are the most significant barriers to such invalidation?

Let's dive in.

The great eye of patent law is ever watchful....in Virtual Legality.

CHECK OUT THE VIDEO AT: https://youtu.be/zmaCuPx3_1E

#Patent #Nemesis #Mordor

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CHAPTERS
00:00 Introduction
01:13 WB Patents the Nemesis System (and Reaction)
03:15 Intellectual Property Types
5:37 Patents in Particular
7:08 A (brief) Look at the Nemesis Claims
13:26 Nemesis Weaknesses - Timing
14:54 Nemesis Weaknesses - Novelty and Obviousness
23:17 Nemesis Weaknesses - Totality Requirement
27:01 Conclusion

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Discussed in this episode:

"WB Games' Nemesis System Patent Was Approved This Week After Multiple Attempts"
IGN - February 5, 2021
https://www.ign.com/articles/wb-games-nemesis-system-patent-was-approved-this-week-after-multiple-attempts

"Warner Bros. receives criticism for patenting Shadow of Mordor’s Nemesis System"
VGC - February 6, 2021
https://www.videogameschronicle.com/news/warner-bros-receives-criticism-for-patenting-shadow-of-mordors-nemesis-system/

"Trademark, Patent, or Copyright?"
USPTO Website
https://www.uspto.gov/trademarks/basics/trademark-patent-or-copyright

"Inventions patentable"
35 USC 101
https://www.law.cornell.edu/uscode/text/35/101

"Infringement of patent"
35 USC 271
https://www.law.cornell.edu/uscode/text/35/271

"Method (patent)"
Wikipedia Entry
https://en.wikipedia.org/wiki/Method_(patent)#cite_note-4

Global Dossier - Patent Application Portfolio
Nemesis Patent (Serial No. 15/081,732)
https://globaldossier.uspto.gov/#/

"Conditions for patentability; non-obvious subject matter"
35 USC 103
https://www.law.cornell.edu/uscode/text/35/103

BMC Resources v PaymentTech
498 F.3d 1373 (2007)
https://scholar.google.com/scholar_case?case=17571560960463677821&hl=en&as_sdt=80000006&as_vis=1

"Doctrine of Equivalents"
Cornell Webpage
https://www.law.cornell.edu/wex/doctrine_of_equivalents

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"Virtual Legality" is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).

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DISCUSSION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE CONSTRUED AS LEGAL ADVICE. INDIVIDUALS INTERESTED IN THE LEGAL TOPICS DISCUSSED IN THIS VIDEO SHOULD CONSULT WITH THEIR OWN COUNSEL.

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Twithttps://www.uspto.gov/trademarks/basics/trademark-patent-or-copyrightter: @hoeglaw
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