Despite the coronavirus pandemic, the esports community has witnessed an explosive year of investment growth in 2020 and early 2021. Here is a brief summary of just some of the more significant esports acquisitions and investment transactions over the past year.
Continue Reading Top Esports Deals and Investments in 2020 and 2021
The tides have turned again in the litigation campaign against gaming companies by Worlds, Inc., who many may recognize as one of the named parties in often-cited Federal Circuit case law on real-parties in interest (“RPI”). In 2018, the Federal Circuit shook up the IPR landscape with a series of RPI decisions, starting with Wi-Fi One, LLC v. Broadcom Corp., which held that the PTAB’s time-bar determinations under § 315(b) are appealable. A series of frequently-cited Federal Circuit decisions followed, including Applications in Internet Time, LLC v. RPX Corp. and Worlds, Inc. v. Bungie, Inc.
Continue Reading Hello Again, Worlds: A Failed Gaming IPR Leads to § 101 Success
On April 8, 2021, Activision Publishing, Inc. filed a lawsuit against Warzone.com LLC regarding the use of the word marks “Warzone” and “Call of Duty Warzone.” Activision is the publisher
Continue Reading Activision Files Lawsuit Over the Rights to Use the Word “Warzone” in the Call Of Duty Series
Despite all of the artistry that goes into making a game, at some point early in the development process the question must be asked, “How are we going to make
Continue Reading A Primer on Game Monetization
The State of Nevada has taken to the initials steps to create an official commission governing esports with the introduction of Senate Bill 165, and its subsequent discussion in
Continue Reading Nevada Moves to Create Esports Commission
This article was originally published by the International Game Developers Association.
Between the global rise of competitive gaming and esports, the proliferation of mobile and console gaming, and the
Continue Reading Special Considerations in Video Game M&A Transactions
To date, there are over 1 billion augmented reality (“AR”) users and 171 million virtual reality (“VR”) users worldwide[1], a number that continues to increase as more industries
Continue Reading Is it Time to Make AR and VR a Part of Your Reality?
While most patent disputes involving gaming companies are located in district courts, the ITC remains a viable option for at least some gaming disputes, where a patent owner can have the U.S. government bar importation of products found to infringe. While the ITC does not provide monetary damages, it’s extremely fast schedule and willingness to bar importation of infringing products makes it a desirable forum for patent owners.
Continue Reading ITC Threat for Gaming Companies Grows with PTAB Discretionary Denials
The esports ecosystem experienced transcendental growth in 2020 due at least in part to the Covid-19 pandemic, and is poised to act as a spring board for even further growth this year. With traditional sports largely sidelined last year, stadiums closed to fans, and people starving for personal interaction, gamers and spectators alike have turned to esports in record numbers. According to Newzoo, a prominent esports analytics company, 22% of the internet population participates in esports, and global gaming revenue is expected to hit $159 billion by the end of 2020.[1] Streamers and streaming platforms have exploded in popularity, allowing streamers to earn income from broadcasting their live gameplay, interact with fans and engage with other players.
Continue Reading Esports: What We Should Expect in 2021
When participating in an M&A process involving a video game company, whether you are on the sell-side or the buy-side, there are certain key terms that are included in industry standard commercial agreements that the parties need to keep on their radar. Failure to identify these terms early in the due diligence process can create roadblocks for the parties as they near the finish line, whether that be signing the definitive acquisition agreement or closing the transaction.
Continue Reading Planning for an M&A Transaction: Key commercial terms to look-out for