Overview
Steptoe partners Christopher Suarez and Kate Cappaert, and associate Anthony Pericolo co-authored an article that appeared in Bloomberg Law titled "Nintendo Patent's Surprise Review Signals a US Priority Shift."
The article discusses US Patent and Trademark Office (USPTO) Director John Squires' decision to initiate a reexamination of Nintendo's US Patent No. 12,403,397 under 35 USC §304 and 37 CFR §1.520. The move follows Japan's rejection of a related application and reliance on references Yabe and Taura as prior art. Nintendo is suing Pocketpair in Japan over alleged infringement of game mechanics patents, including creature riding, in Palworld. Squires' action signals heightened scrutiny of newly issued patents, proactive oversight without third-party petitions, and alignment with global patent office trends. The decision reflects the USPTO's mandate under 35 USC §316(b) to preserve integrity, prevent patents from being used as anticompetitive weapons, and maintain public trust. It underscores a strategic focus on post-grant proceedings for recent patents in fast-evolving industries, aiming to harmonize global standards and mitigate litigation risks.
