Legal Question in Intellectual Property in North Carolina

Re: Regarding Implementation of a Patent

That's a really good question. My sense is that the video game would likely be found to infringe the patent, but the only way to know for sure is to get sued for patent infringement and spend $hundreds of thousands defending the suit and let some judge decide.

Since that is obviously a ridiculous option, perhaps the patent holder would be amenable to your licensing the right to use the rules of the patented game in your video game, or perhaps s/he would be willing to sell his/her entire patent rights to you (if you want them). Lots of options exist; these are two that come immediately to mind.

Have your intellectual property attorney draw up any agreement that you may come to with the patent holder.

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Re: Regarding Implementation of a Patent

Patent claim construction is rather complex, and quite beyond the ability of anyone other than a patent lawyer to adequately undertake. Even if there is one claim that deals with the card aspect, there may well be others that would implicate your online application. You should consult with a patent lawyer for an analysis of the entire patent in question.

Best wishes,

LDWG