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The capture mechanic was introduced all the way back in the first Pokemon game, which was released in 1996.

As patents only last 20 years, it should have expired years ago.

My understanding is that the patent must be filed before public demonstration (aka, the release of the game), or within a 1 year grace period, otherwise it's invalid.

There existed games that used that mechanic before Pokemon like Megami Tensei.

They should change it so you catch Pals by shooting at them. There, lawsuit avoided.