WizKids Sues Wizards of the Coast over Game Patent

An anonymous reader writes "WizKids Games (makers of the HeroClix games) is suing Wizards of the Coast (makers of Magic: the Gathering), seeking judgment that their Pirates game does not infringe on a recently granted patent. From the article: '[T]he suit claims that WOTC contacted WizKids via a letter in May 2004 concerning the filing of the patent, and that WOTC asserted that WizKids Pirates game fell squarely within many of the proposed claims of the pending patent application. WOTC warned that when the patent [was] issued, WOTC would have the right to sue WizKids for an injunction and damages. WOTC threatened that it would take legal action against WizKids if or when a patent was allowed if WizKids did not cease and desist selling its Pirates game.' The suit asks the judge to declare that the Pirates game does not infringe and seek to stop Wizards of the Coast from pursuing any legal action. The patent in question is for a 'Constructible Strategy Game,' where players build models from punch-out cards sold in booster packs. The Pirates game seems to fit the patent description perfectly."

Insane Patents

[Murrdox]

Why even FILE patents like this? I'm increasingly disgusted that everything creative has to be patented so that someone can make money off of it. Whatever happened to sharing a great idea, and making new and better things with it?

If I filed a patent for a "Rulebook about roleplaying games. This rulebook would contain all rules necessary to play said game. Additional rulebook supplements would also be referenced" and made sure no one else could make any RPGs besides MINE, what the heck would the RPG market be like?

So WizKids made a punchcard pirate game. Big deal. Wizards, if you want to make a punchcard game that comes in booster packs... go ahead and make one. If it's a GOOD game, it'll do better than the WizKids game. Why do you have to SUE over it?

*Answer: Because you're hoping that WizKids can't afford a lawsuit, and will eventually be forced to sell you the licenses to Shadowrun and Battletech, that's why.

quit

[theTrueMikeBrown]

I remember back when Wizards made engaging games that didn't cost too much. Now-a-days a booster pack of 15 cards cost $5.00. Perhaps this frivolous lawsuit is because the company's sales are declining. If so, they aught to consider lowering prices instead of shenanigans like this. I quit playing because of insanity such as this.

Re:Insane Patents

[geekoid]

Except rule books do exist, have existed forever. So no, you could not patent that; however, pumch-out contruction pieces decribed in the patent have not. AFAIK. They're certianly simple, but not obvious. I distinction that is often lost on slashdot.

Actually answer:
Because it is their idea and they have the privledge to control it until the patent expires.
All patent cases are more complex then they seem on slashdot, but if they were told about the pending patent, and sent description of the patent, and still violated it, then they get whats coming to them.

Re:Patent Troll with 3D8 Battle Axe

[Phanatic1a]

Too bad WOTC (you may know them as Hasbro) don't choose to focus on their core competency. You know: "making games", instead of these lame ass lawyer tricks.

TSR's downfall coincided tightly with their choosing to focus on lameass lawyer tricks instead of making games.

And with publishing ridiculous amounts of totally crap paperback novels.

Re:Calm down! Don't hastily dismiss this patent!

[gtmaneki]

And while I'm at it, I should also take you up on the "patents prevent innovation" rant. The way I see it, this patent could be circumvented by doing some of the following:

* Don't use robots or vehicles
* Ditch the whole collectible aspect
* Ditch the random aspect

For example, I am reading patent literature and come upon this one. I think, "A game from punch-out models! That's a good idea!" To avoid WotC's patent, my game:

* Is non-collectible. There are no rare or common pieces. You buy a base set, and if you want any accessories, you buy them in bubble packs that let you see everything you're getting.
* Involves castles. You and your opponent build castles and try to knock the walls down.
* There's no random factor. This is purely engineering. The best defense is by building the sturdiest castle out of the base set and accessories. The offense involves firing projectiles (I'll think of safety measures later; I can only brainstorm so much on a lunch break) at your opponent's castle. The offensive strategy is to find your opponent's weak points and hammer them.

There! I have a new game, and I wouldn't have thought of it today without running across this patent. Now this is the kind of idea propagation patents were designed for. While the current system has flaws, innovation isn't as stifled as you seem to think.

Another example -- WotC has a patent on collectible card games. That didn't stop everyone and his brother from making CCGs. Was innovation really stifled?

Re:Calm down! Don't hastily dismiss this patent!

[Herkum01]

your punch-out toy versus my punch-out toy

Warhammer 40K plastic models. You were give pieces that could be put together not just for different poses but different weapons.

Punch-out toy is vehicle or robot
Punch-out toy can be customized with accessories that help it in its battles

40K models also had different kits for putting together stuff like dreadnoughts and there were a ton of vehicles too.

There are definite, codified rules -- not something where we build models on our own and decide to battle them

Warhammer and Warhammer 40K

The model kits and/or accessories are distributed in packs randomly
These toys existed before 2003

I fail to see how randomly distributing accessories constitute a new concept that provides patent protection. This is more of a marketing gimmick that has nothing to do with the game itself. You want random, how about the toys that McDonald's give out in their kids meals. Does THAT deserve patent protection? Hell Cracker Jack has been that for decades.

This deserves as much patent protection as the eraser on he end of a pencil.