Patents aren't like trademarks, you don't lose them if you don't defend them (mostly because it's less obvious that transgressions are being made).
I'm really not sure what Genicap's patents cover extend to No Man's Sky, their patents seem to to be focused on the compression of stuff, not using them to procedurally generate something new.
Anyway Hello Games definitely should hire a good lawyer, and probably just let Genicap have a good look at their code if that will keep them off their backs. By the time Genicap could have something produced from any code they see from Hello Games, No Man's Sky will have been out for a good long time and already be the game of it's ilk. Look how many Minecraft, GTA, etc clones are out there and how many are regarded as a lesser product because of that. I don't think NMS does anything so novel someone else could do it to, it's the application of what they are doing and once the game is out (and even now before it is out) the application of it is well known and repeatable.
Also of note, Sony has no dog in this fight really, all they are is a distributor, Hello Games is developer and publisher so they bear any infringement penalties.
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