Ariana Grande and Travis Scott’s Fortnite avatars to appear before jury for patent lawsuit

Epic Games has been fighting a crypto and metaverse company called Utherverse over patent infringement since 2021. Utherverse filed a lawsuit in June 2021 saying that Epic Games infringed on several of its patents related to people hanging out in big, virtual worlds with its Fortnite concert series — specifically, Ariana Grande and Travis Scott’s respective in-game performances. In January 2022, Epic Games filed a counterclaim wherein it says it has not only not

infringed on Utherverse’s patents, but that several patents are invalid. Now, the two sides are headed for a jury trial set to begin on May 12, and the Grande and Scott digital performances are at the heart of it all.

The two parties have been going back and forth in legal filings and meetings for years, narrowing the lawsuit down to one patent that describes technology used in “playing back an experience in a virtual worlds system,” per the original complaint. This could include letting people replay something that happened in a virtual world, like a concert or wedding. Utherverse, for its part, is self-described as “the world’s best 3D social network” where virtual events and “activities,” like weddings, are held. It’s got its own cryptocurrency that’s used in the virtual world.

In the lawsuit, Epic Games has been arguing that Grande and Scott’s performances were created ahead of their concerts in Fortnite, so they aren’t recordings “of a prior experience that occurred in a virtual environment,” per a document filed Monday.

Fortnite has been more than a battle royale video game for years now; it’s a space for people to hang out. Part of that experience is concerts. Epic Games broke Fornite

player records in 2020 when Scott held an in-game concert that 27 million people showed up for. Grande headlined the next big Fortnite concert in 2021. Both events were huge, technical spectacles for Fortnite users to participate in. Travis Scott’s performance began with an explosion that transformed into a larger than life version of Scott as Fortnite players — in all their colorful, unique glory — danced at his feet. Fortnite players were transported into different locations as the concert continued — even heading underwater to swim around Scott as he performed. Grande’s concert took players into space and the clouds to float around Grande in bubbles. Naturally, there was plenty of space to emote, too. The concerts were replayed several times each over a course of a few days.

The Fortnite concert series — regardless of the performer — has been a huge success for the game, which has continued to expand outward with its live events. But it’s the Travis Scott and Ariana Grande concerts that Utherverse is specifically calling out. Utherverse wants Epic Games to pay 15% of the revenue it earned from the two concerts. That information isn’t public, but a Forbes report from November 2020 suggested Scott grossed $20 million, including merchandise sales, from the Fortnite event.

The jury trial set for May 12 is expected to run for four to five days. Polygon has reached out to both Utherverse and Epic Games for comment.