It has been said, “Patent litigation is the sport of Kings.” This blog investigates the gamification of patent litigation.
Apple forever changed the typically limited nature of patent litigation to an intense intellectual property assault involving trademarks, trade dress, design patents and multiple utility patents against the foreign electronics Goliath, Samsung. This multi-prong attack is a sophisticated revisit of the Apple v. Microsoft litigation over the look and feel of the graphic user interface pioneered by Apple and Xerox Parc in the 1980’s.
“Gamification” is meant literally. The author of this blog, SFreptile, is a player in this arena, so everything must be taken with a grain of salt. A portfolio of relevant patents controlled by this author expired on July 31, 2011, so the field of associating cards with items of intellectual property is wide open and ready for crowd sourcing. Help with applying this format to other situations is welcome. So let the games begin.
The protocols are relatively simple. Intellectual property objects or items are represented by playing cards sized to a conventional credit card. The relatively small size limits the amount of information that can be contained on the card. Since the system is visual, a large part of the card includes a drawing or picture ideally taken from the IP object represented by the card.
To adapt the card for location in a cell of a 10 x 10 grid, the IP card has a thumbnail or icon representation that includes the card graphic, but only a limited amount of critical information, such as, a three digit number representing the registration or application number of the IP object. In addition, the thumbnail includes a letter indicating the object type, i.e., trademark, patent or design patent, the month and date of the earliest priority date of the object, a class symbol suggesting an appropriate class of the IP object, and a rank or value number applied to the object to signify its importance.
At present, SFreptile will play dungeon master and relocate the objects in response to events happening in the litigation (such as Apple’s recent Motion for Summary Judgment, which certainly elevates the value of recited IP objects) and in response to any comments that indicates insight or understandable favoritism. Ideally, a wiki would let the interested public push the IP objects on the game board like chess pieces, according to consensus.
The game theory is that the human mind is comfortable with only about a hundred objects in a network. Even social networks should not have any more than 150 people. A hundred is a good number to work with. When up to a hundred objects clutter a ten by ten playing board (a checker board has only 64 squares), then the solution is to get another board.
Hopefully, the format of the 20/10 will allow the individual cards to be ported to a photo gallery and the static overview of the gameboard will be able to fill the width of the column to maximize visual identity of the miniature graphics, which are sometimes selected from the referenced IP by how they will look when small. The first visual is the initial gameboard. Without this visual com’on the blog is a bust. But if the format is right, then we will populate the site with the cards in a gallery, and the transformation to the present with updates for the Amended Apple Complaint and its up the stakes Motion for Preliminary Injunction.