Regardless of the state of the law, though, Genicap could still cause headaches for Hello Games simply by trying to bring a case to court. The timing is certainly suspect; Murray talked to the New Yorker about his use of the superformula more than a year ago, yet stories about the patents are only leaking to the press now that the game has been finalized and is mere weeks from its planned August 9 launch date. While Genicap isn't publicly asking the game be pulled from release or demanding a share of the profits, the company must realize it currently has a lot of leverage in even asking for discussions.

"The funny thing, even if it's a bad patent or a bad claim, the cost of defending the potential suit could be a deterrent to releasing the game," Methenitis warns. "Defense costs to the Markman hearing can still get up to a million dollars (but average at least a couple hundred thousand), and going through an entire trial is usually multiple millions ($2-$5 million is a pretty typical range). Certainly not a small amount."