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A jury awarded IBM $44.9 million in its patent case against Zynga in September 2024, and Take-Two, Zynga’s parent, was reported to say it would appeal. The headline’s “fine” is more precisely described as damages. A Delaware court’s partial judgment separately awarded IBM $40 million for infringement of one patent, U.S. Patent No. 7,072,849; that figure is not the entire reported jury verdict.
What the jury verdict and court judgment established
IBM sued Zynga in the U.S. District Court for the District of Delaware in case C.A. No. 22-590. The jury verdict referenced in the court’s partial judgment was returned on September 13, 2024.
The partial judgment addresses IBM’s U.S. Patent No. 7,072,849, finding Zynga infringed claims 8 and 13 and that the infringement was willful. It awards $40 million in damages for that patent. The court document establishes that patent-specific award; it does not, by itself, establish a final judgment for the full $44.9 million reported as the jury’s total across two patents.
Why reports cite both $44.9 million and $40 million
Engadget reported the overall jury verdict as $44.9 million across two patents. It said the ’849 patent, described as IBM’s 1993 “Method for presenting advertising in an interactive service” patent, accounted for $40 million in recommended damages. The court’s partial judgment likewise records a $40 million award for that patent. The remaining difference belongs to the reported total verdict; the available court excerpt does not establish the final judgment’s treatment of the other patent or the full total.
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Which Zynga games were named in the ’849 patent judgment?
The judgment’s infringement finding for the ’849 patent lists several games, including:
- Crosswords With Friends
- CSR Racing 2
- Empires & Puzzles
- Several FarmVille titles
- Harry Potter: Puzzles & Spells
- Hit It Rich!
- Wizard of Oz Slots
This list is specific to the judgment’s finding about the ’849 patent. It does not establish that every Zynga game infringed IBM patents.
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What was reported about an appeal?
On September 17, 2024, Engadget reported that a Take-Two representative said the company would appeal. That is a contemporaneous report of an intended appeal—not confirmation that an appeal was filed, decided, or successful. The available records and report do not establish a later appeal, settlement, payment, or subsequent order, so the case’s current procedural status cannot be stated here.
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Sources
- U.S. District Court for the District of Delaware, partial judgment in IBM v. Zynga
- Engadget’s September 17, 2024 report on the verdict and reported appeal intention
- Court docket for International Business Machines Corporation v. Zynga Inc.
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