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Expert Analysis

An Important Win For Video Games In Design Patent Case

Law360, New York (May 14, 2014, 4:11 PM EDT) -- In a recent win for the video game industry, a federal court in Arkansas dismissed P.S. Products' claim that its design patents for stun guns were infringed by the alleged inclusion of images of the patented design in Activision's "Call of Duty: Black Ops II" video game. The case, P.S. Products Inc. et al. v. Activision Blizzard Inc. et al., Case No. 4:13-cv-00342-KGB (E.D.Ark. filed June 5, 2013), presented a question of first impression for the video game industry: whether a design patent for a physical object could be read to cover a virtual representation of the object in a video game....

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