This week, there’s a surge of self-proclaimed legal analysts taking to the internet as new information emerges regarding Nintendo’s recently expanded patent portfolio. One patent in focus concerns the mechanics of battles involving companion characters—a patent seemingly approved without significant scrutiny by the U.S. Patent and Trademark Office (USPTO).

Recently, we featured the opinion of video game IP attorney Kirk Sigmon, who described Nintendo’s recent patent as “an embarrassing failure of the U.S. patent system.” He is not alone in his worries; Don McGowan, former chief legal officer at The Pokémon Company, has voiced skepticism regarding this patent’s enforceability in a legal context due to its resemblance to prior art.

McGowan remarked, “I wish Nintendo and Pokémon 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. This isn’t Bandai Namco with the loading screen patent.”

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While Nintendo’s patent bears the potential for invalidation in court, its very existence may discourage other developers from pursuing similar paths due to the overwhelming legal and financial resources Nintendo can command in any subsequent litigation.