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
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