Nintendo is facing growing criticism in its ongoing lawsuit against Palworld developer Pocketpair, where the company claims a fan-made modification for Dark Souls 3 cannot serve as “prior art” to challenge its patents on Pokémon-style creature-capturing mechanics. The argument, revealed in recent court filings from the Tokyo District Court, suggests that mods like Pocket Souls—released in 2020—are not valid examples of earlier inventions because they depend on the original game’s code and cannot run alone.
The legal battle began in September 2024 when Nintendo and The Pokémon Company sued Pocketpair, accusing the hit survival game Palworld of copying key features from Pokémon, such as throwing balls to capture and battle creatures.
Nintendo seeks a court order to stop sales of Palworld in Japan and damages of about 10 million yen (around $67,000). Palworld, often called “Pokémon with guns,” has sold millions of copies since its early access launch in January 2024, blending creature collection with crafting and shooting.
Pocketpair has fought back by arguing that Nintendo’s three patents, filed in late 2021, cover ideas already in use before then. To prove this, the developer pointed to several examples, including commercial games like ARK: Survival Evolved (2017), Monster Hunter, and its own Craftopia (2021).
But one standout is Pocket Souls, a free mod for the 2016 game Dark Souls 3 that lets players capture enemies in a flask and use them in fights—much like Pokémon battles. Released on September 12, 2020, via Nexus Mods, it predates Nintendo’s filings by over a year.
In response, Nintendo’s lawyers told the court that mods do not qualify as true prior art. Their reasoning: Mods are not standalone creations; they require the base game to function, so they don’t represent independent inventions. This stance has drawn sharp backlash from gamers and legal experts, who worry it could harm the modding community.
IP lawyer Florian Mueller, who reviewed the case files, called it a “desperate attempt” by Nintendo to protect its patents, warning that dismissing mods might let companies patent fan ideas later.
Michael Englehart, former chief legal officer at The Pokémon Company, echoed the concerns, saying in a statement that Nintendo’s patents seem overly broad and hard to enforce. “I wish Nintendo and Pokémon good luck when the first other developer just entirely ignores this patent,” he added.
Meanwhile, Baldur’s Gate 3 publishing lead Michael Douse criticized such tactics as “used in bad faith,” arguing they stifle creativity.
Pocketpair also claims Palworld doesn’t infringe anyway, as it’s an open-world action game unlike Pokémon’s turn-based style. The developer has submitted evidence like gameplay videos to show similarities were obvious combinations of existing ideas.
Nintendo recently tweaked one patent’s wording, which Pocketpair says unfairly changes the rules mid-case, delaying a resolution possibly until 2026.
The modding world is watching closely, fearing broader impacts. If Nintendo wins on this point, it could discourage fan creations by making them easier targets for lawsuits. Pocket Souls creator, known online as “TheLastBen,” has not commented, but fans have rallied support on forums like Reddit.
Nintendo has not issued a public statement on the mod argument, but the company continues to defend its intellectual property aggressively, as seen in past actions against emulators and fan games. Palworld remains available worldwide, with Pocketpair vowing to fight the suit to protect innovation in gaming.
Source: Nintendo Lawsuit Sep 19, 2024, Florian Mueller – games fray