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.
#Patent #Nemesis #Mordor
Discussed in this episode:
"WB Games' Nemesis System Patent Was Approved This Week After Multiple Attempts"
IGN - February 5, 2021
"Warner Bros. receives criticism for patenting Shadow of Mordor’s Nemesis System"
VGC - February 6, 2021
"Trademark, Patent, or Copyright?"
35 USC 101
"Infringement of patent"
35 USC 271
Global Dossier - Patent Application Portfolio
Nemesis Patent (Serial No. 15/081,732)
"Conditions for patentability; non-obvious subject matter"
35 USC 103
BMC Resources v PaymentTech
498 F.3d 1373 (2007)
"Doctrine of Equivalents"
"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).
CHECK OUT THE REST OF VIRTUAL LEGALITY HERE:
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.
Joe Ellis (Logo Design)
Chris Leroux (Motion Graphics)
For more information: contact Chris at @Chrisleroux on Twitter.
PODCAST VERSIONS ALSO AVAILABLE
|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|
The Hoeg Law Firm is a business law firm with big law experience and a small firm approach focusing on start-ups, technology, financing, and everything else a business might need.