Since 2018, Infernal Technology, LLC and Terminal Reality, Inc. (“Infernal”) have filed patent infringement complaints against Ubisoft Inc. (“Ubisoft”), Epic Games Inc. (“Epic Games”), Take-Two Interactive Software, Inc. (“Take-Two”), Sony Interactive Entertainment America, LLC (“Sony”), Crytek GMBH (“Crytek”), Activision Blizzard Inc. (“Activision Blizzard”), Microsoft Corp. (“Microsoft”), and Electronic Arts, Inc. (“EA”). In each of these lawsuits, Infernal claims that the defendant companies are infringing US Patents 6,362,822 and 7,061,488 (the “claimed patents”), which relate to methods and devices of lighting and shading for use in computer graphics simulations. Infernal allegedly uses the claimed patents in its infernal engine.
Infernal had previously sued EA for patent infringement of the claimed patents, but EA settled after the Patent Trial and Appeal Board found that the claimed patents were “not unpatentable” in a inter partes review.
Infernal alleges that the game engines used by the defendants for their video games infringe the claimed patents.
In Infernal’s lawsuit against Ubisoft, Infernal alleges that Ubisoft’s Anvil Next, AnvilNext 2.0, Dunia 2.0 and Disrupt game engines infringe claimed patents. These engines are used for games in the Assassin’s Creed, Far cry, Tom clancy, and Watch dogs series, among others.
In Infernal’s lawsuit against Epic Games, Infernal alleges that Epic Games’ Unreal Engine 4 also infringes claimed patents. This engine is used for games like Fortnite and Robot recall, among others.
In Infernal’s lawsuit against Take-Two, Infernal alleges that Take-Two’s Rockstar Advance Game Engine (“RAGE”), Bioshock Engine, Illusion Engine, Darkness Engine, and 2K Sports / Flowtech Engine violate the patents claimed. These engines are used for games like Grand Theft Auto, Bioshock, Red Dead Redemption, NBA 2K, and WWE 2K series, among others.
In its lawsuit against Sony, Infernal alleges that several of the Naughty Dog and Insomniac engines, such as CryEngine 3, Forgelight, Decima and others, infringe claimed patents. These engines are used for games like Unexplored, Until dawn, Resistance, and infamous series, with Horizon: Zero Dawn and Planetside 2, among others.
Infernal’s lawsuit against Crytek alleges that the CryEngine infringes claimed patents. This engine is used for games in the Crysis series and for games like Warface, Ryse son of Rome, and The climb, among others. We previously covered this costume here.
Some of the game engines that Infernal claims infringe the patents claimed in its lawsuit against Activision Blizzard include, but are not limited to, Horizon Engine, Black Ops III Engine, Overwatch Engine, Destiny 2 Engine, Unreal and titanium engines. These engines are used in games including, but not limited to, games of the Call of Duty, destiny, and Skylanders series, Overwatch, Starcraft 2, and World of Warcraft: Warlords of Draenor.
Infernal’s lawsuit against Microsoft alleges that Microsoft is infringing claimed patents in game engines, including, but not limited to, Unreal Engine 4, CryEngine 3 and 4, Unity Engine, Forzatech Engine, and several Halo engines. These engines were used in PlayerUnknown’s Battlegrounds, Rise of the Tomb Raider, many Halo Games, Sea of Thieves, and Ryse son of Rome, among others. We previously covered this costume here.
In its lawsuit against EA, Infernal alleges that Frostbite Engine and CryENGINE infringe the claimed patents. These motors are used in the Crysis Games, Dragon Age: Inquisition, Star Wars: Battlefront, Battlefield 3, and Battlefield 4, among others.
The lawsuit against Microsoft and the lawsuit against Crytek have been settled. The other six lawsuits are still pending.