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Why was Zynga found liable to IBM?
In a case filed in Delaware in 2022, IBM accused Zynga and advertising company Chartboost of infringing patents. The September 13, 2024 jury verdict found Zynga infringed claims 8 and 13 of U.S. Patent 7,072,849 through ten games, and found the infringement willful. The court’s September 24 partial judgment rejected Zynga’s invalidity defenses and entered $40 million in damages, with interest and costs to be fixed later.
Bloomberg Law also reported that the jury found Empires & Puzzles infringed U.S. Patent 7,702,719. The partial judgment’s specific willfulness and damages findings cited above concern Patent 7,072,849; the two patents should not be treated as though the court made identical findings about each.
Which games were named?
The partial judgment lists these ten games as infringing Patent 7,072,849:
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- Crosswords With Friends
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- Empires & Puzzles
- FarmVille 2
- FarmVille 2: Country Escape
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- FarmVille 3
- Harry Potter: Puzzles & Spells
- Hit It Rich!
- Wizard of Oz Slots
Why do reports say $45 million when the judgment says $40 million?
Contemporary coverage described the jury’s award as $44.9 million, commonly rounded to $45 million. The court’s partial judgment entered $40 million in damages and left interest and costs to be fixed separately. A jury-award report and a court-entered damages figure are not interchangeable, and neither establishes the amount—if any—of a later settlement.
What was the 1980s technology?
IBM’s Patent 7,072,849 grew out of technology developed for its Prodigy online service in the 1980s, according to Ars Technica’s account of the dispute. IBM described the approach as assembling applications and advertisements from objects stored locally on a user’s PC, reducing demands on host servers and network resources. That is IBM’s description of the patented method; it is not a finding that every modern mobile game uses the same technique.
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Ars described the other patent, 7,702,719, as addressing application performance by reducing client-server interactions and network delays. IBM said it had raised infringement concerns with Zynga as early as 2014, according to Ars’s account of IBM’s court filings. The lawsuit’s initial assertions should not be confused with the specific patent and game findings in the later verdict.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Will the games have to change or shut down?
After the verdict, Ars reported that Zynga said the patents had expired and that it would not have to modify or stop operating the games. Zynga also said it intended to challenge the result. Those were the company’s reported positions, not a court finding that future changes were impossible or a guarantee of the final outcome.
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What happened after the verdict?
- 2014: IBM reportedly first alerted Zynga to alleged infringement, according to Ars’s account of IBM’s filings.
- 2022: IBM filed its case against Zynga and Chartboost in Delaware.
- September 13, 2024: The jury returned its verdict, as referenced in the court’s partial judgment.
- September 24, 2024: The court entered partial judgment, including $40 million in damages for willful infringement of Patent 7,072,849, with interest and costs to be determined later.
- December 17, 2024: Bloomberg Law reported that the parties were finalizing a settlement and that deadlines had been paused. That report did not establish a final settlement amount or final dismissal.
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