IP Law Daily, PATENT—D. Mass.: System for modifying racetrack conditions in video game was unpatentable an abstract idea, (Sep 21, 2022)

By Kevin M. Finson, J.D.

A patent claiming modification of track conditions over the course of a video game was invalid because it was an abstract idea implemented on conventional computer components.

A maker of video racing games was entitled to dismissal a patent infringement suit because the patent asserted against it was invalid, the federal district court in Boston has held. The patent claimed an abstract idea of simulating the impact of a racetrack's on a vehicle's performance and merely implemented that idea using generic computer components (Integrated Technology Solutions, LLC v. iRacing.com Motorsport Simulations, LLC, September 20, 2022, Talwani, I.).

Integrated Technology Solutions, LLC (ITS) was the owner of U.S. Patent No. 10,046,241 (the '241 patent), directed at a system for modifying track parameters in video racing games over the course of a race, such as by simulating the impact of tire remnants and temperature changes. ITS brought suit for infringement against iRacing Motorsport Simulations, LLC (iRacing), alleging that iRacing's non-downloadable racing game and subscription service infringed the '241 patent. iRacing moved to dismiss on the ground that the '241 patent was directed to an abstract idea in violation of 35 U.S.C. §101. The court applied the two-step Alice test.

Abstract idea. ITS argued that the '241 patent was not abstract because it described improved rendering techniques, while iRacing argued that it merely described the abstract idea of simulating the impact of a racetrack's on a vehicle's performance. The court determined that the '241 patent was abstract because it merely recited a broad idea and did not explain how it could be performed or implemented. The claims listed what it called "identification components," "check components," "determination components," and "modification components," but never explained how these worked or what differentiated them from conventional computer components. The patent claims were merely a list of generalized steps to be performed on a computer. The claims were directed at an abstract idea.

Inventive concept. On step two of the Alice test, ITS argued that it resolved technical problems related to video game racing simulations by making them more realistic, which as an inventive concept that should make the idea patentable. iRacing argued, and the court agreed, that this was merely restating the abstract idea of modifying the game parameters, and because ITS did not recite any specific improved method for doing the things that it claimed, there was no inventive concept. The court granted iRacing's motion to dismiss.

The court declined to grant leave to file an amended complaint, noting that the complaint had already been amended once and that because the patent itself was invalid any amendment would be futile.

The Case is No. 1:21-cv-11477-IT.

Attorneys: Brendan M. Shortell (Lambert Shortell & Connaughton) for Integrated Technology Solutions LLC. Andrew D. Gish (Gish PLLC) for iRacing.com Motorsport Simulations, LLC.

Companies: Integrated Technology Solutions LLC; iRacing.com Motorsport Simulations, LLC

Cases: Patent TechnologyInternet MassachusettsNews