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Automotive manufacturers increasingly want a piece of the action in esports
Revenue from the gaming market in Asia Pacific amounted to $72.2bn in 2019, according to Statista. These are attention-grabbing figures and signify spend being pulled from other marketing channels, with automotive makers in particular keen to get in on the action, as we find out.
The immense popularity of racing games such as Gran Turismo and Forza Horizon has seen automotive manufacturers increasingly want a piece of the action in esports.
The likes of BMW, Toyota and Nissan have been involved with global esports competitions including the European League of Legends Championship Series 2017, Overwatch League and FIA-Certified Gran Turismo Championships.
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Patent licenses, technology transfer agreements, and non-disclosure agreements often include forum selection clauses as a matter of course, and sometimes include an arbitration clause requiring private arbitration of disputes. Petitioners and patent owners both will want to know: Can these clauses preclude a challenge at the Patent Trial and Appeal Board (PTAB)? The federal district courts routinely enforce the parties’ selected forum in patent lawsuits. The PTAB, however, has been reluctant to do so for
inter partes and post-grant review proceedings. The Federal Circuit has not yet ruled on whether the PTAB must directly consider and enforce forum selection clauses. Patent owners seeking to avoid the PTAB may have recourse through the district courts, but results on this path are uncertain. Petitioners have frequently been successful in maintaining challenges at the PTAB, despite prior agreements that include forum se
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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board.
Free Stream Media Corp., et al. v. Alphonso Inc., et al., Nos. 2019-1506, -2133 (Fed. Cir. (N.D. Cal.) May 11, 2021). Opinion by Reyna, joined by Dyk and Hughes.
Free Stream Media (d/b/a Samba) accused Alphonso Inc. of infringing two patents generally related to systems that provide a mobile phone user with advertisements that are deemed relevant based on data gathered from the user’s television.
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