Supercell Loses Lawsuit

A post on Law.com reports that Gree, Inc. has scored $92 Million in a patent infringement lawsuit against Supercell, the Finnish mobile game developer owned by Tencent. The award supports the contention that Clash of Clans and other Supercell games are a clash of clones for using patented systems. Supercell argued that the claims are an "ineligible abstract idea," a case it will now have to take to an appeals court:
Supercell’s Fenwick & West counsel argued to both the PTAB and to U.S. District Judge Rodney Gilstrap that the asserted claims of the ’689 are directed to an ineligible abstract idea. The PTAB said last fall that Supercell had “a strong case on the merits” for ineligibility. But it deferred to Judge Gilstrap procedurally, because Gree’s district court case was nearing trial. Gilstrap ruled the claims eligible.

In November, the Federal Circuit ruled that one of the patent claims supporting the $8.5 million verdict from last summer is ineligible. How much that will undermine the $8.5 million verdict is unclear, because it is only one of several claims at issue in the trial, and jurors in Gilstrap’s court do not determine infringement claim by claim.

Supercell said in a statement that it “respects the jury system, but is of course disappointed” in Friday’s verdict. The company said it plans to appeal.