Nintendo Loses Yet Another Battle In Its Pokémon Patent Trolling

Key Points:

• Nintendo's patent #12,403,397, which broadly claimed the right to sue companies for games allowing character summoning, was rejected by a U.S. patent examiner in a non-final Office action, marking a setback for Nintendo in its legal battle against Pocketpair's game Palworld.
• The patent was initially granted despite its overly broad scope, which could have restricted many game developers, but prior existing patents from companies like Konami and Bandai Namco prompted a reexamination that led to the rejection.
• Nintendo still has the option to appeal the decision within two months and can extend this period, indicating the legal dispute is ongoing despite the patent office's current stance.
• This case is part of a broader pattern of Nintendo's aggressive patent tactics against Palworld, including attempts to file patents post-release to claim prior art, which have been criticized and questioned by both the U.S. and Japanese patent offices.
• Observers suggest Nintendo’s continued legal efforts reflect desperation, as Pocketpair deliberately provoked the company, but it remains uncertain whether Nintendo will relent or persist with its litigation.