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AndrewG009

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Activision vs. Potential Patent Trolls

                                                                                     


In a story reported on Slashdot, it seems Activision may finally have to shell out for all those different versions of Guitar Hero, Band Hero and DJ Hero -- or another patent troll is just coming out of the woodwork to try and claim an easily earned dime.
Patent Compliance Group, inc. (PCG) is asserting a claim that Activision labeled several of it's titles as 'patented' or 'patent pending' when in fact they had no right to do so. In particular, PCG is citing 35 U.S.C. 292(a) which effectively states according to Patent Arcade:

Whoever marks upon, or affixes to, or uses in advertising in connection with any unpatented article the word "patent" or any word or number importing the same is patented, for the purpose of deceiving the public; or Whoever marks upon, or affixes to, or uses in advertising in connection with any article the words "patent applied for," "patent pending," or any word importing that an application for patent has been made, when no application for patent has been made, or if made, is not pending, for the purpose of deceiving the public - Shall be fined not more than $500 for every such offense.


Also included is a list -- courtesy of Patent Arcade -- entailing what patents Activision has falsely claimed according to PCG, which at first glance is considerable, given that each offense is $500 per unit sold:

  • Activision's Guitar Hero 5, DJ Hero, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 5,739,457 ("'457 Patent").
  • Guitar Hero 5, DJ Hero, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,018,121 ("'121 Patent").
  • Guitar Hero 5, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,252,153 ("'153 Patent").
  • Guitar Hero 5, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,268,557 ("'557 Patent").
  • Guitar Hero 5, DJ Hero, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,369,313 ("'313 Patent").
  • Guitar Hero 5, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,379,244 ("'244 Patent").
  • Guitar Hero 5, DJ Hero, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,429,863 ("'863 Patent").
  • Guitar Hero 5, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,758,753 ("'753 Patent").
  • Guitar Hero 5, Band Hero and Guitar Hero Smash Hits video games are falsely marked with U.S. Patent No. 6,769,689 ("'689 Patent").
  • Guitar Hero 5 and Guitar Hero Smash Hits video games are falsely marked with U.S. Design Patent No. D441,403 ("'403 Patent").
  • Guitar Hero 5, DJ Hero, Band Hero and Guitar Hero Smash Hits video games are falsely marked as "patent pending" or "patent applied for."

So while success will heavily depend on whether or not PCG can show a judge just how much these specific patents don't cover the described products, Activision will be doing everything imaginably possible to prove that their products deserved the patents they received. 

Opinion-wise, this strikes me as yet another case of patent trolling. While I'm not saying that Activision have exactly been Capitalistic Saints, I feel that bringing these charges against them in the manner that PCG has chosen to do so is asinine at most and a waste of time at the very least, especially given the clandestine nature of PCG and how information on them has been very limited to even the more notable press outlets. In the meantime, this should be interesting to keep track of given the sheer amount of money at stake for Activision.
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