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Nintendo & Microsoft sued over game controller?!

ShadowV7

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pedrocasilva Newbie

pedrocasilva

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A Texas-based company takes Microsoft and Nintendo to task over game controllers

 

In our lawsuit happy country, nothing is too surprising anymore. This time around, Microsoft and Nintendo have been hit with a lawsuit by Anascape, a small Texas-based company. Anascape claims that Microsoft and Nintendo have infringed on 12 of its patents relating to game controllers. The patents in question were issued between 1999 and 2005.

 

Anascape wants to be compensated for the infringements including interest and has asked to see what revenues have been generated by both companies as a result of the claimed infringements. This unknown company is working the patent system and using it to its advantage. In fact, if the company fails to get a permanent injunction against Microsoft and Nintendo, it intends to have a licensing fee enacted against the two giants. From GameDaily.biz:

The patents seem to deal with almost every aspect of today's modern video game controller, such as analog controls, analog pressure sensors for buttons, vibration and tactile feedback, and more. One would think that Sony's PS2 controller would come into conflict with these patents as well, so it's not clear why Anascape has targeted Microsoft and Nintendo and has not included Sony in the suit.

 

This isn't the first time that console makers have been attacked concerning game controllers. Back in 2005, Immersion took Sony to task and won $91 million USD as a result of infringements on its force feedback technology.

Source: http://www.dailytech.com/article.aspx?newsid=3673

 

We can't help but think that this lawsuit is an attempt to cash in on years of video game revenue from Nintendo and Microsoft. After all, why wait all these years to sue? And who exactly is Anascape? A quick Google search brings up a number of patent pages and a domain that doesn't even point to their business anymore. At least Immersion is a company with a familiar business and already has many video game companies as licensees.

 

Lastly, while scanning over the legal complaint, we noticed that one of the law firms listed on the document for the plaintiff is McKool Smith. We exclusively reported in late 2004 that McKool [had] sued a dozen major game publishers over a patent concerning 3-D images being displayed on a monitor. McKool also targeted 19 hardware manufacturers. One of the manufacturers told us at the time under a condition of anonymity, "You could almost call this a legal version of mafia extortion. Because America doesn't have a 'losers pay' rule, these companies stand to lose more money fighting these suits than they would simply settling and giving McKool Smith a quarter for every system that they sell."

Source: //biz.gamedaily.com/industry/feature/?id=13431

 

Looks like we found the culprit, anascape is just a cover:

McKool Smith is one of the nation’s largest trial firms. It is a Dallas-based law firm with offices in Dallas, Austin and Marshall, Texas, engaged exclusively in commercial, civil trial and appellate litigation in the state and federal courts throughout the nation.
Source: http://www.mckoolsmith.com/

 

-----------------------------------------------------

 

Exclusive: Multi-Publisher Legal War Looms Over 3-D Patent

 

A patent infringement case for the patent, "Method and Apparatus for Spherical Planning," is now pending. The case could have enormous implications and could affect nearly every 3-D video game ever made.

 

Texas-based law firm McKool Smith has sued 12 major game publishers and is threatening legal action against several smaller companies as well. Electronic Arts, Take-Two Interactive, Ubisoft, Activision, Atari, THQ, Vivendi Universal Games, Sega, Square Enix, Tecmo, LucasArts, and Namco Hometek are all named as defendants in the case.

 

Seeing $$$ in 3-D

 

McKool Smith contends that these 12 companies infringed on their patent, "Method and Apparatus for Spherical Planning," or patent 4,734,690. The patent was originally filed in March 1988 for a specific method of displaying 3-D images on a monitor.

 

What typically happens in patent infringement cases is the patent holder seeks a percentage of all sales of any products that infringed on their patent. The percentage taken can be very low or very high, and therein lies much of the battling. In this particular case the stakes are potentially astronomically high, as every 3-D title any of these 12 publishers has published could potentially be found to be in violation, with damages due to the patent holder. Interestingly, the complaint filed against the companies does not list any specific damages they are seeking, and instead opted to leave it open at this time.

 

An abuse of the legal system?

 

"It's a very old and very general patent showing a method that uses a moving plane to show 3-D images. The patent is ridiculously broad. It's purely McKool Smith trying to make money. It's an abuse of the legal system," an employee of a major publisher speaking on a condition of anonymity told.

 

"McKool Smith is financing their major litigation against the 12 publishers by threatening smaller companies and then getting them to settle," the employee continued.

 

It's too early to say what level of success McKool Smith will have (if any), but one thing is for sure: they're taking the case very seriously. Eight of the twelve are being defended by the same law firm, Gibson, Dunn & Crutcher, LLP, and it appears that the case is going to make it to court.

 

"Publishers should be very worried. They might have a leg to stand on from a legal standpoint. It's not impossible that McKool Smith will win. A lot of very smart people are taking this very seriously. Common sense says it's ridiculous, and from a moral standpoint it's outrageous," the employee said.

Source: http://biz.gamedaily.com/industry/feature/?id=8236

 

McKool Smith Suit Targets 19 Hardware Manufacturers

 

In the continuing story of the law firm McKool Smith vs. seemingly everyone who ever made anything to create 3-D images, we've discovered that many more patents are actually involved, and now 19 hardware manufacturers are now considered "infringers" also. Full details within...

 

After reporting that Texas law firm McKool Smith had sued 12 major game publishers for patent infringement, a PC hardware manufacturer informed us that 19 major PC manufacturing firms had also been sued by the McKool Smith firm, and virtually every smaller manufacturer threatened. HP, Dell, IBM, Toshiba, SCEA, Acer, MPC, Systemax, Fujitsu, Micro Electronics, Matsushita, Averatec, Polywell, Sharp, Twinhead, Uniwill, and JVC are all named as defendants in the suit.

 

Same Song, Different Notes

 

The case brought against the 12 software publishers dealt solely with a single patent for a specific method of displaying 3D images on a screen. This suit brought against the 19 hardware manufacturers shows that McKool Smith's representatives own other patents that they hope to prove are being infringed upon.

 

In addition to the previously mentioned patent for displaying 3D images, McKool Smith contends that these manufacturers infringed upon the following patents:

 

* patent 4,730,185 entitled "Graphics Display Methods and Apparatus for Color Dithering"

* patent 5,132,670 entitled "System for Improving Two-Color Display Operations"

* patent 5,109,520 entitled "Image Frame Buffer Access Speedup By Providing Multiple Buffer Controls Each Containing Command FIFO Buffers"

* patent 4,742,474 entitled "Variable Access Frame Buffer Memory"

* patent 4,694,286 entitled "Apparatus and Method for Modifying Displayed Color Images"

* patent 4,761,642 entitled "System for Providing Data Communication Between a Computer Terminal and a Polarity of Concurrent Processes Running on a Multiple Process Computer"

 

All seven of these patents were issued in 1992 or earlier, to Tektronix, Inc. It appears that Tektronix sold these patents to McKool Smith, who has used them to bring suit against these 19 hardware manufacturers and the 12 software publishers, just months before the opportunity to do so was up. McKool Smith maintains that these companies are in violation because they assemble machines that enable the patented functionality.

 

Similar to most other patent suits, it appears that McKool Smith will try to get these companies to settle out of court by threatening a long drawn out legal battle which could very well cost the defendants more than a simple settlement would.

 

It's unclear what individuals specifically hold the rights to the patents in question, but it seems reasonable to speculate that it is the McKool Smith lawyers themselves. If that were the case it would only cost them their time, instead of legal fees. Essentially, they would have nothing to lose by bringing these suits.

 

Manufacturer Calls for Patent Reform

 

One PC manufacturer told us on a condition of anonymity "They are throwing these suits at anyone they possibly can. They're using the suits brought against the bigger companies to scare the smaller ones into settling. There's a big difference between 'right' and 'legally right,' unfortunately."

 

"The patents are a mixture of an extremely general, vague variety and of an incredibly dense and complex variety. Manufacturers would need to pay a patent lawyer a lot of money to decipher whether they're even in violation of the more complex ones or not. The bringer of this suit is very conscious of that," he continued.

 

It is unknown if McKool Smith has brought suit against companies in other sectors of the gaming/computing industry, but given those already named as defendants, it seems likely.

Source: http://biz.gamedaily.com/industry/feature/?id=8260
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demonmike04 Newbie

demonmike04

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To quote "The untouchables" :

I want this guy dead! I want his family dead! I want his house burned to the ground! I want to go there in the middle of the night and piss on his ashes!

:laughing: Your pretty pathetic if you actually feel that way about that guy, Im just hoping you quoted that for a joke.

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CoolFunkMan Newbie

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I just think actions like this are pathetic. Patenting something just for the sake of easy money in the future, how lazy is that?

 

Nintendo and Microsoft have worked hard to get where they are now in the console buisness, and this happens. Trying to Take Nintendo and MS's money just because someone ows a patent for technology they've used, it's like a legal version of robbery ffs!

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pedrocasilva Newbie

pedrocasilva

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There were 3d games before 1988. So it's likely to end in nothing. I like how that only happens in US of A. They should be ashamed.
Seriously though... I'd laugh if they enforced that 3D patent against...

 

... Sony:

 

We didn't steal Nintendo's idea, We invented 3D!

 

Phill Harrison: When we launched Playstation in 1994 we introduced the concept of real-time computer-generated 3-D-graphics for the first time. That was the innovation that drove the platform. When Nintendo released the N64 in 1996 and they had real-time CG 3-D-graphics, did you hear us say, "Nintendo, you've stolen our idea?"

Source: http://www.computerandvideogames.com/article.php?id=140731

 

Well... they asked for it ;)

 

Also in this lawsuit there's "violations" that only apply to Sony, like the one "portables with analog stick" since DS lacks one, but they are enforcing those against Nintendo ( or M$) instead.

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pedrocasilva Newbie

pedrocasilva

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You have to admire how well sony can lie.
Yeah, I think they managed to convince two idiots in the backroom when they said that.

 

-------------------------------------------

 

Anyway... They can't be that ignorant while enforcing a patent, to leave Sony out of it, they are the market leader as of now; they're impossible to miss...

 

The thing is... Sony didn't gave up on Immersion lawsuit (they still didn't)... Microsoft was also sued but agreed to pay right away.

 

Microsoft settles suit with Immersion

 

Under the deal, Microsoft will pay Immersion $26 million for licensing rights and for a stake in the company, Immersion said Tuesday. Immersion also can borrow as much as $9 million more through a convertible debenture arrangement with Microsoft, the company said.

Source: http://news.com.com/2100-1041_3-5056455.html

 

That might put Microsoft as easy money, while Sony is still fighting over this (Immersion) issue, that makes a mutual agrement unlikely and IMO that might be what they (McKool Smith) want.

 

On Nintendo:

For once it's not about videogame violence! Head inside to see what parents are saying now.

 

Mar 16th 2004 03:33

 

The family of St. Martinville Mayor Eric Martin and his son, Michael, claims the video game giant failed to report that its games contain defects that presented a "substantial hazard" and create an unreasonable risk of serious injury or death.

 

The two-part trial began in July, with both the federal reporting issue and a personal injury claim. The Martins, represented by a team of attorneys led by Richard C. Trahant of Metairie, claimed Michael suffered a seizure from playing the games.

 

Nintendo placed warnings in its products about the possibility of video games triggering seizures in photosensitive people, Flamm testified.

 

I don't think Nintendo should be worried about this court case at all (aside from the fact that their legal representative thinks Nintendo released "Star Wars: Episode 1") after all, IF they were proved wrong then surely all developers would have to face the consequences?

 

UPDATE:The first half of the court case is over, and Nintendo have settled out of court for an undisclosed amount...

 

Also I thought you would like to hear what the Martin Family are asking for with the second part of their court case;

 

The Martin family is suing for Nintendo to label all of its games for seizure risk, reformat all of its games in an attempt to reduce seizures, fund a nationwide advertising campaign on seizures, allow gamers to trade in games deemed high risk for seizures for those lower in risk and establish a refund program for Nintendo games. The family is also requesting money for attorney fees, expert fees, courts costs and damages. ... So not much then?

Source: http://www.revo-europe.com/news.php?nid=6212

 

Nintendo also settled, funny they settled for money when that family was demanding all that stupid stuff... for a game that Nintendo didn't develop in the first place (and came out on PC).

 

The thing is... "never negotiate with terrorists" Nintendo a Microsoft have done it in the recent past and that should be what McKool wants... easy money.

 

After all McKool Smith (speculation) hold the rights for the patents and have their attourney licences so their expenses are close to none, at worst they only loose their time, No legal fees involved... While Nintendo and Microsoft will loosing money; big time. the biggest threat is precisely the time and money spent in court... and the chance of eventually loosing (even if they keep wining the other side may always appeal).

 

On Sony's side there's the fact that they lost to Immersion various times... and are still fighting against it, and prefer to drop the technology (rumble) than pay Immersion a cent... well, they already paid 3,5 times more the amount Microsoft did, plus the legal fees).

 

For more information:

-> http://arstechnica.com/news.ars/post/20060313-6366.html

 

Basically... I doubt they (McKool Smith) are atacking out of the blue on this, they studied what their chances are... and they are trying to get them to settle.

 

-------------------------------------------

 

All the enforced Patent descriptions are available now:

* 5,999,084: "Variable Conductance Sensor"

* 6,102,802: "Game Controller with Analog Pressure Sensor"

* 6,135,886: "Variable Conductance Sensor with Elastomeric Dome Cap"

* 6,208,271: "Remote Controller with Analog Button"

* 6,222,525: "Image Controller with Sheet Connected Sensors"

* 6,343,991: "Game Control with Analog Pressure Sensor"

* 6,344,791: "Variable Sensor with Tactile Feedback"

* 6,347,997: "Analog Controls Housed with Electronic Displays"

* 6,351,205: "Variable Conductance Sensor"

* 6,400,303: "Remote Controller with Analog Pressure Sensor"

* 6,563,415: "Analog Sensor with Snap Through Tactile Feedback"

* 6,906,700: "3D Controller with Vibration"

 

You can also view a PDF of the complaint here.

Source: http://www.joystiq.com/2006/08/04/microsoft-nintendo-taken-to-court-over-controllers/

 

For those interested... I think I won't be reading them, since I lack the time. (and the title of the patents says all.)

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ShadowV7 Newbie

ShadowV7

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I know, especially on judge judy. The things they sue for are unrea.l

True.

 

Policemen - That boy stole my donut while I was having a nap on duty!

 

Judge Judy - That bastard! Boy you better give him $10,000 to make up for that!

 

Boy - WTF, I don't have a job!

 

Policemen -Yea that's right boy ,feel the massive damage!

 

Judge Judy- Riiiiidddddggggeeeeee rrraaaaccceeerrrr

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