On Friday (May 3), a federal jury in Delaware ruled that gaming giant Activision Blizzard must pay $23.4 million in damages for infringing on patents related to the multiplayer features in some of its most popular video games, including "World of Warcraft" and two "Call of Duty" titles. The verdict stems from a lawsuit that began in 2016 when Acceleration Bay, the patent holder, sued Activision.

Acceleration Bay, which acquired the patents in question from Boeing, claimed that Activision's implementation of online multiplayer networking technology in "World of Warcraft," "Call of Duty: Black Ops III," and "Call of Duty: Advanced Warfare" infringed on two of its patents. These patents specifically cover technologies that facilitate the "simultaneous sharing of information" among "widely distributed" computers, essential for creating smooth and synchronized multiplayer gaming experiences.

Establishing Patent Infringement: The Burden of Proof on Acceleration Bay

The plaintiff, Acceleration Bay, had to clear a specific legal threshold to prove patent infringement to the jury. Understanding what needs to be demonstrated can provide insights into the complexities of patent law as it applies to technology and software. Here’s what Acceleration Bay was required to establish:

Validity of the Patent

Before arguing that Activision infringed on the patents, Acceleration Bay needed to establish that the patents in question were valid. U.S. patent law requires that a patent must be new, non-obvious, and useful for it to be upheld. This means the technology patented shouldn’t be something that an expert in the field could easily have thought of before it was patented, nor should it be a trivial change from what already existed.

Ownership of the Patent

Acceleration Bay needed to demonstrate clear ownership of the patents. Since these patents were acquired from Boeing, Acceleration Bay had to present evidence that it had the legal rights to the patents, allowing them to bring the lawsuit against Activision.

Infringement by Activision

This is the core of the case where Acceleration Bay needed to prove that Activision’s technology infringed on the patents held by Acceleration Bay. Specifically, they had to show that Activision’s multiplayer networking technology in "World of Warcraft" and "Call of Duty" titles used the patented methods described in Acceleration Bay's patents. This usually involves a detailed comparison between the claims of the patent (the parts of the patent that describe in technical terms what it covers) and the defendant’s technology.

Specifics of the Patent Claims

Acceleration Bay had to precisely identify which parts of its patents were infringed upon. Patents are made up of a number of claims, each stating a specific aspect of the invention. Acceleration Bay needed to show that Activision’s products practiced one or more of these claims without permission.

Willfulness (Optional)

While not necessary for proving infringement, establishing that the infringement was willful can impact the damages awarded. If Acceleration Bay could prove that Activision knowingly used its patented technology, it could potentially increase the amount of damages awarded by the court.

Legal Strategy and Evidence

To meet these burdens, Acceleration Bay would have utilized a variety of evidentiary materials, including technical documents, expert testimonies, and comparative analyses between the patented technology and Activision’s products. The argument likely involved detailed technical discussions to illustrate how Activision’s implementations were not just similar but actually used the patented methods.

The jury sided with Acceleration Bay, awarding the company $18 million for the infringements related to "World of Warcraft" and an additional $5.4 million for the infringements found in the "Call of Duty" games. This decision came after Activision defended its technology by asserting that it operated differently from the patented methods and, therefore, did not violate Acceleration Bay's intellectual property rights. Furthermore, Activision contended that if found liable, damages should be capped at no more than $300,000.

Acceleration Bay's president, Joe Ward, expressed satisfaction with the court's decision, stating that the company was "delighted" with the outcome. Meanwhile, representatives for Activision Blizzard had not responded to requests for comment on the verdict at the time of reporting.