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Traditional Gaming Meets the New Frontier


Discussion of recent developments in patent law, including the U.S. Supreme Court’s January 2013 decision in Already, LLC v. Nike, Inc., recent developments in ITC based litigation, practical changes resulting from 2011’s Patent Reinvention Act, and tales from a few patent heavyweights.

Seth J. Steinberg, Principal, Digital Arts Law


  • Ben Hur, Keker & Van Nest
  • Neil Chaterjee, Orrick
  • Bill Chang, Associate Counsel, Riot Games
  • Jas Purewal, Osborne Clark

The panelists will address:

  1. What is the current state of patents? How can companies continue to attempt to reduce exposure to patent infringement allegations?
  2. What is the state of patent litigation outside of the US and how does it impact US companies?
  3. What recent developments impact game development or the video game and digital media space?
  4. Software patents are generally harder to obtain in the EU than in the US – why is that and how has that impacted companies based in the EU? Do those EU based companies have a competitive disadvantage to their US based competitors?
  5. New Zealand recently announced its intention to declare software unpatentable. Why are they are doing this and will it lead to other countries doing the same? How would the lack of software patents impact companies in the video game and digital media spaces?
  6. There are a lot of new business models being created associated with online gaming. What are the challenges to IP protection and the developments related to Prometheus and Bilski related to protection of software and now online business models?
  7. How does the Akamai decision on indirect infringement impact online gaming and gaming companies generally? What about divided infringement issues, how are those impacted? Any EU / foreign equivalents of concern?
  8. What is the current scope of ITC litigation against gaming companies and why has there been a significant drop in the number of filings? 
  9. Is the popularity of the Eastern District of Texas increasing or decreasing as a patent venue? Where else are cases getting filed?
  10. Does the Supreme Court’s opinion in Kirstaeng, a copyright case, affect the rules on patent exhaustion?
  11. What is going on with respect to the new procedures adopted under the AIA? Are people going to the USPTO to use the procedures for interpartes review, review of business methods, etc.? Any changes in patent filings due to the new joinder requirements.
  12. Was the K-Tech Telecomm decision on Rule 18 pleading sufficiency correctly decided? Is Rule 11 the only recourse now against Plaintiffs who did not conduct proper pre-filing investigations?