Former Midway employee suing Nintendo over Wiimote technology
by Ross Miller 
{ Jan 14th 2008 at 4:00PM }
In yet another patent infringement case this week for Nintendo, former Midway employee Pat Goschy is suing the money printer over a patent he holds from eight years ago involving motion controls similar to the Nintendo Wii remote, according to some local news station (via Go Nintendo - did anyone catch this news last night?). To validate his case further, Goschy has released a video on YouTube from 1999 where he shows off his system, which appears to be two wired sticks with accelerometers used to play the Dreamcast version of Ready 2 Rumble.
Goschy's video is embedded above. Warning: while the sight of the Dreamcast may excite you, the effects of Sega's final console might be counterbalanced by Goschy's lack of pants.
[Via Engadget]
Goschy's video is embedded above. Warning: while the sight of the Dreamcast may excite you, the effects of Sega's final console might be counterbalanced by Goschy's lack of pants.
[Via Engadget]
Reader Comments (Page 1 of 2)
TWiNKiE @ Jan 14th 2008 4:07PM
These patents just seem to hit Nintendo only. And there are like 2048383nf3k191x of the same patents. Isn't there a guy stopping them from making two of the same patent?
matthew_neitzer @ Jan 14th 2008 4:37PM
Yeah, but this one is really similar in my opinion. You hold two 'sticks' in both hands, that both sense movement, have buttons, and one has a joystick. Not saying Nintendo copied it or anything, Just funny how similar it is.
Kangstarr @ Jan 14th 2008 4:45PM
accelerometer technology has been around for almost 20 years and sticking it into a gamepad is nothing special. There were PC peripherals releases in the late 90s that offered similar control execution.
This is just another case without merit.
Dan @ Jan 14th 2008 4:57PM
just 'cos you put a different shape plastic shell on it, or put buttons on it, doesn't mean you've got something new. Accelerometers are old news, and people should be allowed to have these patents.
You aren't allowed to patent cars, you aren't allowed to patent batteries so why can patent accelerometers?
Todd @ Jan 14th 2008 5:09PM
Wow, what a loser this guy is. If he wins, he's bound to be sued by other people who feel that HE is violating. In retrospect, with loss of the pants, he probably makes a habit of violating someone.
Ignatius @ Jan 14th 2008 5:23PM
Actually, Nickel Metal Hydride batteries patents are currently owned by Chevron, which is why most electric/hybrid cars either have extremely small NiMH batteries or Li-Poly batteries.
t_m @ Jan 15th 2008 8:41AM
They should just get ALL the 100,000 pre-Wiimote patent owners together in a room and have them fight it out.
Winner gets to go to court against big-N.
Otherwise it'll end up like that patent case Microsoft lost a while back, where they were paying the recognised patent holder, but got sued by another patent holder.
the entire patent system is completely broken and is achieving the exact opposite of its aims.
(but that DOES look remarkably like a wiimote and nunchuck.. this guy is closer than the other 99,000)
Nigeria @ Jan 14th 2008 4:08PM
Lack off pants = victory.
I don't care what Joystiq says.
He also gets kudos for sporting a ponytail and for being slightly doughy, not overweight, just doughy.
Britton @ Jan 14th 2008 4:12PM
Every gaming site reporting on this patent issue has made some sort of joke about his lacking of pants...and that's okay. 'Cause it is unsettling/humorous/arousing. Cough, cough.
bender @ Jan 14th 2008 4:12PM
He waits til now to sue? I guess Midway was in such bad shape and he lost his job and now he can't even afford pants. He needs some of Ninty's money.
Crono (NDF - Knight of the Old School) @ Jan 14th 2008 4:13PM
They're supposed to have patent checkers, problem is that job falls on the grossly underpaid patent clerk, who really could care less what legal bullshit he might unleash by rubber stamping a patent.
Deck @ Jan 14th 2008 4:14PM
What a money whore. Seriously.
These people wait till Nintendo has all their money, and then sue. Instead of realizing that their patent was (maybe) violated right when the Wii came out? What about acting on it then?
Though it is true, lack of pants = victory.
Nick Spacek @ Jan 14th 2008 4:18PM
Funny thing, I read on one site that he ISN'T suing. He just said that he invented this a while ago, or something.
Taco_Hell @ Jan 14th 2008 4:16PM
Isn't this like the 3rd person suing Nintendo for the Wii control technology or is it the 4th? Apperantly everyone had the technology to make a Wiimote since the late 90's, but no one did it for some unknown reason.
jsn @ Jan 14th 2008 4:17PM
maybe because it's a little gimmicky??? HMMM....
Zsavior @ Jan 14th 2008 4:20PM
If this isn't an example of getting the law changed what is. Each one of these suits patented the same damn device, how the hell did that happen. Three people are suing over the same patent of a device that they swear they created but each have a patent for.
Jerk Face @ Jan 14th 2008 4:21PM
Dude, I totally had this motion controlled video game system I built in my Grandma's garage until it burned down. Nintendo skanked my shit. I think Reggie threw the match, personally.
vidGuy @ Jan 14th 2008 4:38PM
"Each one of these suits patented the same damn device"
Very unlikely. A patent on the above device would include language describing the device in great detail. Something like: a plastic apparatus containing two-axis accelerometers (described in Appendix A) ... two wired sticks held in the player's hands, with "two buttons and one hat switch", etc.
Thanks to the way the law works, Nintendo's device would not infringe because it is wireless and does not have the described buttons.
A product can achieve the same ends (ie put player motion into a video game) and not infringe on patents for items that do the same thing. It's all in the means. Could you imagine if there was only ONE patent for a lightbulb or only ONE way to make a car? The law is proper and will protect Nintendo in these suits.
Noshino @ Jan 14th 2008 4:52PM
yah, vidGuy is right, but if Fox is to be trusted, the statement about the matter that Nintendo issues is ... well...
"Mr. Goschy did not invent this technology or its use with videogames... it is irresponsible to report or suggest that this invention relates in any way to teh Wii system"
3cubed minus 3squared plus1 @ Jan 14th 2008 4:17PM
I could be wrong, but doesn't Sony's Six axis also have accelerometers for tilting or do they use gyroscopes?
Crono (NDF - Knight of the Old School) @ Jan 14th 2008 4:27PM
Six-axis uses both. The accelerometers are used for the same directions as the wiimote. The gyro is used to sense tilt about an axis perpindicular to the floor. Wii technically can't sense motion in this plane.
vidGuy @ Jan 14th 2008 4:18PM
Of course they wait until Nintendo makes money on it, what would they get out of the suit if the "infringing" product didn't sell? There's no harm done until there's money being made.
Of course, patents are supposed to be so narrowly defined that the Wiimote patent likely doesn't infringe on this patent or any of the others.
Travis @ Jan 14th 2008 4:18PM
Sue nintendo for the power glove!
jimy @ Jan 14th 2008 4:43PM
Nobody would come out admitting they created that monstrosity.
Luke @ Jan 15th 2008 4:12AM
Nintendo didn't make the power glove.
Dennis @ Jan 14th 2008 4:29PM
If you can sue for that nintendo could sue for the use of the d-pad on every console after it
Noshino @ Jan 14th 2008 4:33PM
....how so? there were other devices that made use of it even before Nintendo -_-;
vidGuy @ Jan 14th 2008 4:41PM
I was 14 and thought the art was kind of... weird. I'm just glad the game kept me from looking at the thing ;)
vidGuy @ Jan 14th 2008 4:41PM
Ignore that, wrong thread.
JakubK666 @ Jan 14th 2008 5:44PM
Edison can sue all of ya as he invented electricity and lightbulbs :)
Rob Accomando @ Jan 14th 2008 4:33PM
I use my finger to point at stuff.. I wonder if I can sue Nintendo too.
KushielsScion007 @ Jan 14th 2008 4:34PM
Thats NOT Hot!
Joshua @ Jan 14th 2008 4:39PM
Ready 2 Rumble Boxing :) Yay
Marty @ Jan 14th 2008 4:43PM
"Former Midway Employee Trying to Cash In on Others' Success"
ill trooper @ Jan 15th 2008 2:49AM
...or is it "Large corporation sees the future in video and takes influence from it, and successfully cashes in after creating an implementation of someone else's patented idea without proper compensation?"
It's really for someone else to decide.
Ryan de michigan @ Jan 14th 2008 4:49PM
engadget is reporting that he is NOT suing nintendo (yet)
probably worth updating the article
embassy @ Jan 14th 2008 4:50PM
its almost 100% inevitable, that if you have something successful, people will sue you. thats just how it is.
and just think if YOU had made this contraption..and then years later you saw a huge company release something very similar.
especially if said company had access to your design in some fashion.
also anyone with any common sense, or a good lawyer would wait and get as much info as they can before suing over it. which is presumably what this guy did.
point being, dont jump to conclusions.
vidGuy @ Jan 14th 2008 4:55PM
Exactly. Also, it's a hell of a lot more lucrative to sue a company making millions with a possibly infringing product than suing them off the bat when they haven't made any money!
UnderPants Gnome @ Jan 14th 2008 4:52PM
underpants + "patent" = PROFIT!!!
Scott Cappleman @ Jan 14th 2008 4:57PM
Jesus! Would this guy be suing if Nintendo's machine had flopped?!?!
hi2u @ Jan 14th 2008 5:03PM
Why would you hire attorneys to sue someone in the red who cannot reimburse you?
Jack @ Jan 14th 2008 5:02PM
God, 1999 looks so good I almost miss it. From his hi def tv, to his timeless console, and of course, lack pants.
Admiral_Mike @ Jan 14th 2008 5:05PM
Nintendo should counter-sue for damages, i.e. crusin.
Poisoned Al @ Jan 14th 2008 5:07PM
Now THIS one might go the distance. It was a working model, unlike the other patents that were scribbles on a back of a napkin. US patents are pretty worthless due to the fact you can just submit "ideas," unlike most other countries where you need to show a prototype of some sort. Of course everyone has ideas, but have no idea how to make them work. If you had something that works, you have a chance of defending your patent. Also you need financial backing. Your "no win no fee" lawyer is going to be cut to ribbons by Big-corp's ninja legal team. You need some big guns to back you up, and if this guy can get Midway on side, he might just do it.
h8rain @ Jan 14th 2008 5:18PM
See that might be exactly why he is just now talking about it (gathering money to pay for lawsuit, *Good* lawyers are NOT cheap). If that video is true, then I do feel the guy has a good case. If he does sue (is he?), and that video and device was truly made that long ago, he has patents to back up his claim then it is VERY plausible Nintendo might have to reimburse him for infringement.
(Can't....stop......self.....) Then he could buy some pants.
ill trooper @ Jan 15th 2008 1:43AM
I totally agree. This has a lot of merit, for a few reasons, but mainly because he worked at a video game company and created a video for it to shop it around, which makes it very likely that the main console and software companies at the time saw it, and thus it's possible Nintendo might have taken influence from the concept.
On a side note, I hope all the people who always post on these patent topics saying "Lawyers suck, suing MS/Sony/Big N sucks, get a life, he must need money, why did he wait to sue" are prepared to eat the shit of the entire internet if they ever try to sue someone for infringing on a copyright or patent that they thought of. But I suspect that if you can't understand the little guy/little company getting ripped off and the need to legally protect an idea, then it's very likely you have absolutely no creative ideas that would need protecting anyway, ya bums.
Eric @ Jan 14th 2008 5:16PM
Nintendo should sue him for useing A thumb stick in his design. I believe they where the fist ones to do that too. Also x,y,z buttons, Also how about for keeping the video game industry alive in the 80's so he had a job to invent such a device.
ColossalHat @ Jan 14th 2008 5:28PM
Sorry Eric, but you cannot patent the letters x,y, and z, Sesame Street already did that.
As for the thumb stick, we can't see it clearly so it'd be impossible to determine whether or not its shape is near enough to be sued over.
Finally, you can't sue for something you did yourself (that was positive). Besides, if it were up to Nintendo they'd have kept everyone else out of the video game industry after the 80's.
Eric @ Jan 14th 2008 5:35PM
I know I was making a joke about how stupid this all is.
jp @ Jan 14th 2008 9:37PM
1. underpants
2. ???
3.profits
he know basic rules