But from what I understand: technically it isn't, because the patents are:
A system for literally displaying a counter up to pity along with the programming needed to calculate that. Technically gachas that just give you a history of pulls doesn't tell you that information, nor do gachas that just say "Guaranteed SSR in 40 pulls", "guaranteed in 30 pulls". It's specifically stuff like 45/90.
An autosort for upgrading characters. "Oh, I want to upgrade character A by feeding them all of character A. I'm going to select character A. Oh look, the game autosorts the dupes I have so I can just easily select them all." is the patent. If you just select a character and manually pick the dupes/materials to upgrade them anyway, that's not the same system. Neither if the game only has a specific set of mats you always use to reinforce characters, and gachas that don't have alternates that you can use as reinforcement material automatically get a pass I think, because you're not autosorting anything, and your game doesn't have a program that specifically identifies the materials you need to reinforce a character and sort that so the player doesn't have to do it themselves.
Character selector after Pity where you can select the rate-up character after you reach pity. Games that, when you reach pity, give you one of two rate-ups randomly in a 50/50, 70/30, etc. do not violate this, because you are not selecting the character you want to get after pity.
A small bit about the system allowing you to just select multiple items if for some reason you hit pity more than once.
The part where I'm still unclear about is that there are definitely games that allow you to do some of these things. For instance, games having a spark selector system. Arknights comes to mind, where Limited events let you have 300 pulls to collect 300 spark and then spend the spark on a limited series of characters. The only reason I think is either:
It's not exactly the same system. Arknights for instance lets you spark from a list of all Limited Anniv. chars, not just the rate-up.
These games are not Japanese and so legally it's harder to sue.
เคสเซก้ามึงถือสิทธิบัตรแต่ละอันนี่แม่งมีแต่อันช่วยคนเล่นทั้งนั้น ขวยเหอะ