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Home»Game»MICROSOFT IS BEING SUED FOR PATENT INFRINGEMENT OF A GAME ENGINE
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MICROSOFT IS BEING SUED FOR PATENT INFRINGEMENT OF A GAME ENGINE

Loknath DasBy Loknath DasApril 24, 2018No Comments2 Mins Read
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Microsoft is being sued by Infernal Technologies and Terminal Reality for the “egregious and wilful” patent infringement of the Infernal Engine.

GamesIndustry.biz reports that the company is being accused of infringement of two patents (Nos. 6,362,822 and 7,061,488) pertaining to graphical lighting and shadowing methods. Terminal Reality licensed the Infernal Engine to a number of studios, including Microsoft.

The filing states that game engines used in a number of Microsoft’s games, including Gears of War 4, Halo 5, and Sea of Thieves demonstrate this, and that “Microsoft’s knowing infringement […] has been egregious and willful.”

According to the filing, Terminal Reality began working with Microsoft in 1995. The claim that Microsoft is aware of the patents stems from a patent filing of its own back in 2005 relating to “the use of precomputed shadow fields in lighting and shading techniques used in video games.” The patent was rejected in light of Terminal Reality’s existing patents ‘822 and ‘488, both of which are at the centre of this lawsuit.

Between 2007 and 2009, Microsoft continued to tweak the patent application, which continued to be rejected “based upon the disclosure in the ʼ488 Patent.” Microsoft finally overcame the rejections in 2009, at which time they asked Terminal Reality to develop a Star Wars video game, and during development, asked for access to the source code for the Infernal Engine, which Terminal Reality granted.

Microsoft is being accused of being aware of its conduct, or “willfully blind to the possibility that its acts would induce such direct infringement” of the patents in question, particularly as it’s been familiar with the patents since 2005.

EA tried its luck at challenging the validity of patents ‘822 and ‘488 in 2016, arguing that they were unpatentable. EA’s challenge was subsequently rejected and they entered into a formal settlement agreement with Terminal Reality. The case has sgnificantly more weight to it taking the legal precedent set by these 2016 proceedings into account.

The filing concludes by requesting “adequate compensation” in the form of “a reasonable royalty”.

source:-.ign

a being engine for game infringement is Microsoft of patent sued
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Loknath Das

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