SecondWar said:
If that’s really what Nintendo are basing their claim on then it seems a very flimsy claim. If its the Pokeball itself then that feels more like a copyright or trademark issue than a patent. A patent around the gameplay mechanic would surely be more concerned with the capturing mechanic rather than the item used for capturing. An that’s what Mnemneth is saying as well - ‘throwing an object at a creature in the overworld’, not ‘use of a ball-shaped object to catch a creature’. The former would also mean Coromon and TemTem with an issue, whilst Cassette Beasts might get off as you don’t through the cassette to catch in that game. |
You can't patent an idea, but you can patent the expression of said idea, and that patented expression can be very specific. For example, take a look at this patent for Super Mario 64.
This patent does not cover the idea of using specific animations in specific circumstances, but the expression of that idea using this exact sequence of if-then statements. A similar thing happened with Mass Effect's dialogue choice wheel. The idea of dialogue choices is obviously not patented, but the expression of that idea using a wheel is. If Nintendo has a patent laying around somewhere which covers the expression of catching monsters by throwing balls, they might have a case.
In any case, for now the best thing to do is wait. Sooner or later the relevant legal documents will become available, and then we'll learn which patents (plural, mind you) are being quoted for this lawsuit. Anything anyone says is nothing more than speculation until then.
