Nintendo make a surprising move amidst the ongoing Pocketpair lawsuit

In September 2024, Nintendo filed a lawsuit against Pocketpair, the developer of Palworld, alleging infringement of several patents. While Nintendo initially seemed to have the upper hand, this unusual move suggests the gaming giant may now be on the back foot.

In a surprising move, Nintendo has amended the language of one of its patents, relating to “smooth switching of riding objects”, to include the phrase “even when”. This addition is irregular in patent drafting where clarity and precision are vital. The term “even” is subjective and casts doubt on the scope of protection of the patent. This move could be a strategic attempt by Nintendo to broaden the language of the patent enough to prevent Pocketpair from arguing that Palworld’s mechanics fall outside the scope of the Nintendo’s patent.

Even if this is the case, Pocketpair appears to have a robust defence. Not only are they challenging the validity of Nintendo’s patent, but they have also provided sufficient evidence that their work on Palworld predates the priority dates of the patents in question. 

Nintendo’s amendment could be seen as a last-ditch effort, a “Hail Mary” designed to muddy the waters and prolong litigation. However, such a tactic could backfire, especially if the court views the amendment as undermining the patent’s clarity.

It will be interesting to see how this case unfolds over the coming months. Beyond the immediate dispute, it raises broader questions about the limits of patent protection in the gaming industry and the fine line between infringement and inspiration.

...it doesn't look good for Nintendo.

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