McKool Smith sues 12 Game Publishers

[The Frenchman 0]

What the hell?

Quote[/b] ]GameDAILY BIZ received word recently that Texas-based law firm McKool Smith has sued 12 major game publishers and is threatening legal action against several smaller companies as well. Electronic Arts, Take-Two Interactive, Ubisoft, Activision, Atari, THQ, Vivendi Universal Games, Sega, Square Enix, Tecmo, LucasArts, and Namco Hometek are all named as defendants in the case.

Seeing $$$ in 3-D

McKool Smith contends that these 12 companies infringed on their patent, "Method and Apparatus for Spherical Planning," or patent 4,734,690. The patent was originally filed in March 1988 for a specific method of displaying 3-D images on a monitor.

What typically happens in patent infringement cases is the patent holder seeks a percentage of all sales of any products that infringed on their patent. The percentage taken can be very low or very high, and therein lies much of the battling. In this particular case the stakes are potentially astronomically high, as every 3-D title any of these 12 publishers has published could potentially be found to be in violation, with damages due to the patent holder. Interestingly, the complaint filed against the companies does not list any specific damages they are seeking, and instead opted to leave it open at this time.

[ "Common sense says it's ridiculous, and from a moral standpoint it's outrageous," anonymous employee at major publisher ]

An abuse of the legal system?

"It's a very old and very general patent showing a method that uses a moving plane to show 3-D images. The patent is ridiculously broad. It's purely McKool Smith trying to make money. It's an abuse of the legal system," an employee of a major publisher speaking on a condition of anonymity told GameDAILY BIZ.

"McKool Smith is financing their major litigation against the 12 publishers by threatening smaller companies and then getting them to settle," the employee continued.

It's too early to say what level of success McKool Smith will have (if any), but one thing is for sure: they're taking the case very seriously. Eight of the twelve are being defended by the same law firm, Gibson, Dunn & Crutcher, LLP, and it appears that the case is going to make it to court.

"Publishers should be very worried. They might have a leg to stand on from a legal standpoint. It's not impossible that McKool Smith will win. A lot of very smart people are taking this very seriously. Common sense says it's ridiculous, and from a moral standpoint it's outrageous," the employee said.

Lawyers lips sealed

Neither side seems particularly eager to discuss the details of the case at this time. "Our preference at this time would be not to comment on pending litigation," Gibson, Dunn & Crutcher, LLP told GameDAILY BIZ. McKool Smith did not return our phone calls either.

GameDAILY BIZ will continue to monitor this case in the coming weeks and months.

[hardrock 1]

NO! he could have sued Microsoft

I strongly hope he doesn't win at court, what's about all the game developers . . .

[csj 0]

Lawyers that pursue this type of action..

well what can I say but

they would make great mine detectors.

[EiZei 0]

The big companies will either bleed these guys dry with lawyers or buy them out, yet another fine example of software patents goodness.

[sputnik monroe 102]

The problem really isn't the damn lawyers (they are scum though). The real problem is the judges who make the screwed up settlements.

[Blake 0]

Thats not Kool....

[Colossus 2]

This goes in the same "stupid sues" archive along with the people that sued

McDonald's becouse they thought that hamburgers and french fries was healthy  

But yet again, it's all about the money.

Next time I see shoes I don't like I will sue the store,

becouse they are discriminating to me    

(See how dumb that sounds like)

[desantnik 0]

not the games.... stick to mcdonalds....but not the games....

[colonel_klink 0]

Good Gawd!!! Whatever next?

Just about anybody who thinks they are a pioneer of today's computer graphics will jump on this bandwagon

Look at the possiblities of this outcome.

1. The companies fight a protracted battle and win and the price of software will go up to compensate the costly legal process.

2. The companies fight a protracted battle and lose and the price of software will go up to compensate the costly legal process and their damages settlement.

3. The companies avoid a protracted battle pay a massive damages settlement, they stop making 3d games and concentrate on 2D sidescrollers or new versions of mahjongg.

4. The companies avoid a protracted battle pay a massive damages settlement and they close up shop and computer/console gaming disappears into obscurity.

From what I have seen so far at the patents register regarding graphics related software, I can see some more worms coming out of the woodwork over this.

Game makers hit with graphics patent violation suit

[Madus_Maximus 0]

Who exactly are these guys representing? Or did they get bored one day and decide to sue because they had nothing else to do and nobody wanted their legal services because they're such a poor firm?

[kegetys 2]

Oh the joy of software patents Another similar case is Creative's patent on the "Carmack's reverse" stencil shadowing algorithim used in Doom 3, which was settled with some EAX stuff in Doom 3 if I remember correctly...

I just hope the EU will never accept this software patent BS, though it'll most likely go through as all the big companies love it.

[colonel_klink 0]

On the bottom of the actual patent's page is an interesting statement:

Quote[/b] ]While a preferred embodiment of the present invention has been shown and described, it will be apparent to those skilled in the art that many changes and modifications may be made without departing from the invention in its broader aspects. The appended claims are therefore intended to cover all such changes and modifications as fall within the true spirit and scope of the invention.

Covered his ass quite well didnt he? Perhaps he had a crystal ball and saw Unreal 3 and OFP2

The Patent - Method and apparatus for spherical panning

[joltan 0]

Jez, that is so generic that it basically covers any non-static 3d representation on a 2d display! From the above link to the patent:

Quote[/b] ]What is claimed is:

1. A three-dimensional panning method comprising the steps of:

storing applied graphic information representing a three-dimensional object in a first three-dimensional coordinate modeling space;

defining a second three-dimensional coordinate space as a viewing space from which the object may be viewed, the viewing space being movable at a selected radial distance around a selected reference point in the modeling space;

inputting and storing further information including panning information specifying a position from which to view the object;

moving the viewing space to the specified position in response to the panning information, effecting a transform of the coordinates of the object to the viewing space and to a two-dimensional coordinate screen space; and

displaying a two-dimensional image of the transformed coordinates, providing a view of the object from the panned-to-position.[...]

[walker 0]

Hi all

Easily Beatable legaly, establish a pre existing product to the patent. Several products in the Amiga market pre exist this patent it is clearly derivative.

Kind Regards Walker