LogFAQs > #986421642

MNThunder posted...

Or you can listen to all the experts who are saying otherwise, including Nintendos own ex chief legal officer.

From the article rick_alverado linked:

Don McGowan, former chief legal officer at The Pokmon Company, believes the patent will likely be ignored. "I wish Nintendo and Pokmon good luck when the first other developer just entirely ignores this patent and, if those companies sue that developer, the developer shows decades of prior art," he told Eurogamer, adding: "This isn't Bandai Namco with the loading screen patent".

Basically saying this won't hold up in court.

"The filing for such patent protection indicates that Nintendo does intend to pursue a legal strategy in defending itself against entrants in the pocket monster genre," games industry lawyer Richard Hoeg told Eurogamer. "But that strategy may or may not involve lawsuits, as the 'muddying of the waters' effected by the patents existence may be enough to deter investment in and creation of competitors. That is, if Nintendo looks like it could pounce, that may be enough. No actual pouncing required."
What's more, the patent is broad and Nintendo won't want to jeopardise seeing it narrowed in the context of a legal challenge, Hoeg explained.
"So yes, it's enforceable in so far as it has been granted," said Hoeg, "but Nintendo likely knows it 'got away with one' here and would prefer not to make a court actually sign off."

Basically saying that if Nintendo DOES decide to take somebody to court for this patent, they know that the court will say it's too broad and make it less specific and thus harder to enforce in the future.