Maybe you didn’t realize, but by volume, sales in the west for BMWukong were stellar. >4M sales volume (76% of 17.8 million sales were chinese) is performing well by any standard. It dwarfs the sales volumes of other recently popular Chinese titles, taking the top spot for sales in the west handily. Other games like the GuJiang series, dyson sphere program, the matchless kungfu, crimson snow, tale of immortal had substantially fewer players despite getting nearly universally positive reviews. This is the definition of breakout success, when you reach a new market.
For reference, this game is selling in the west as well as street fighter 6 and guilty gear strive, games that are performing far above a previous genre standard.
Ark has cryopods which do the same thing mechanically, the only major difference being that you don’t visually throw them. If you use the vague wording on the patents surrounding pokemon’s box mechanics, it falls easily under there, since you are storing a captured creature in a digital storage.
Nintendo is the KING of frivolous patents. They’ve lost cases on it before, and with palworld being a sony interest, I don’t think the usual financial bullying nintendo brings to the table is going to cut it on this one. They need an airtight case and their vague patents (and recent history trying to patent THE LOADING SCREEN and vehicle speed matching for player characters with totk being denied) is a bad look for them in a courtroom. Like the US, the holder of a patent in Japan needs to file suits swiftly to protect the patent, or they risk losing cases (like this one. See “laches defense”).
Palworld is back in the top 100 global bestsellers today.