Nintendo's Odd Moves in Completing the Palworld Lawsuit

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Nintendo has changed the wording of a patent in its lawsuit against Palworld, a game focused on collecting creatures. Florian Mueller, a legal expert on intellectual property, described this change as unusual and suggested it may mean Nintendo is concerned about how the case will turn out (GamesRadar+).

Mueller, who previously worked as a legal consultant for Blizzard, shared his views on Nintendo’s recent legal move in GamesFray. He noted that Nintendo is using uncommon tactics because the lawsuit is facing difficulties.

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Mueller stated, “Litigants don’t change a patent during an infringement case unless they think it might be ruled invalid in its original form. This doesn’t guarantee a loss, but Nintendo’s new wording is odd and unlikely to help their situation.”

The patent that Nintendo has altered involves a smooth transition between two mounts in a video game. The new wording is vague, and Mueller points out the phrase “even when” is rarely used in patents due to its subjectivity.

The patent reads:

“. . . and even when [emphasis added] any boarding character other than the aerial boarding character capable of moving in the air is the currently selected boarding character and a first operation input is given when the player character is in the air, the computer causes the aerial boarding character to appear in the virtual space, and causes the player character to board the aerial boarding character instead of the currently selected boarding character from among the boarding characters; . . .”

Mueller commented, “This type of wording is overly complicated and seems designed to obscure the facts. Additionally, ‘even when’ is not commonly found in patent claims. It’s almost like a last-ditch effort, a strange way to try to win. However, Judge Motoyuki Nakashima is very experienced in patent law and won’t be fooled by odd language.”

He concluded by saying that it’s hard to understand Nintendo’s goals with this case, noting, “Nintendo is getting to a point where it may not make sense to them anymore.”

Recently, Palworld released Tides of Terraria, an update that introduced new islands, pals, and mechanics.