When it comes to controller design, there truly is nothing new under the sun. You don't have to tell that to Nintendo -- the company has been sued (with varying success) over existing patents allegedly relating to the Wii Remote, the Gamecube controller and, uh, the Wii Remote again. Now, GamePolitics is reporting Nintendo is facing another lawsuit over the DS touchscreen.
In his complaint, John R. Martin alleges that the Nintendo DS infringes on his 2003-filed patent for a "Method for Operating an Electronic Machine Using a Pointing Device," (pictured above) which describes, among other things, a touchscreen input system. Nintendo, for its part, formally responded to the charges (PDF link) by saying it does not infringe on the patents, that Martin's ideas are unpatentable, and that the company is protected by something called the "doctrine of prosecution history estoppel." So there!
We're not patent lawyers, but Martin's patent doesn't seem to offer much improvement over the 1993 touchscreen patents he himself references. Still, he'll have his day in court, and we'll be sure to let you know what happens once that day is done.
Reader Comments (37)
Posted: Jul 9th 2008 3:03PM (Unverified) said
Let the armchair legal analysis begin.
Posted: Jul 9th 2008 3:03PM (Unverified) said
The one-legged woman demands justice.
Posted: Jul 9th 2008 3:06PM samfish said
Someone seriously needs to draw a penis on her.
Posted: Jul 9th 2008 3:56PM (Unverified) said
I agree. But don't do it for me, do it for the children.
Reply
Posted: Jul 9th 2008 4:07PM (Unverified) said
Posted: Jul 9th 2008 4:48PM (Unverified) said
Oh and if anyone got any ideas from how it goes through her arm, don't. She's got that copyrighted too.
Reply
Posted: Jul 9th 2008 3:06PM puerrican85 said
People will do anything today to get money off of big corporations today -_-
Posted: Jul 9th 2008 3:06PM Krow said
waaaaa?! lol this is stupid.
Posted: Jul 9th 2008 3:09PM darkinchworm said
BREAKING NEWS: NINTENDO DS DISCONTINUED FOREVER
"Enough money is enough," says Reggie Files-Aime as he practices his coin dive
"Enough money is enough," says Reggie Files-Aime as he practices his coin dive
Posted: Jul 9th 2008 3:16PM (Unverified) said
I really want patten reform as this is getting silly. Touch screen input has been around a lot longer than 2003 there needs to be a fine for these frivolous claims I vote for execution by firing squad.
Posted: Jul 9th 2008 3:17PM (Unverified) said
Aww, who gives a shit? Nintendo has enough money to pay all the fines and if they're really nasty, they can pump all their money into the court until the suing company goes bankrupt.
Posted: Jul 9th 2008 3:18PM (Unverified) said
Posted: Jul 9th 2008 3:18PM FernandoRocker said
I think there are more chances that I get a PS3 than they win the demand.
Posted: Jul 9th 2008 3:20PM Krow said
I vote execution of these money hungry patent trolls :D anyone else?
Posted: Jul 9th 2008 3:32PM hey buddy said
The comments on these stories are always the same, including mine - If someone/some company thought of something, patented it, and is legally entitled to expect compensation from part of the success of someone else using that idea, I don't have a problem with the lawsuit.
Seems no one here knows what they're talking about (and yes, I include myself).
Seems no one here knows what they're talking about (and yes, I include myself).
Posted: Jul 9th 2008 4:19PM Peter F said
Except these people didnt INVENT ANYTHING at all. They just THOUGHT of something, not even the technology behind it! They just thought "Hey! Wouldn't it be cool if there was a screen you can touch to give commands." And then they patented it. They didn't MAKE a screen that you can touch, they didn't even think of how it would work. All they did was think of a screen that you can touch. You think that they should be able to get money out of anyone how ACTUALLY makes a screen you can touch? You know, designs it, makes the technology behind it, and manufactures it? The person who just took 5 seconds to THINK of something should NOT get money.
Reply
Posted: Jul 10th 2008 11:02AM Misfit Toy said
I thought of flying giraffe, but have not been able to produce it because...you know...I just think of stuff. I don't actually do anything with my ideas. But if I EVER see a flying giraffe out there you can bet I'll be asked to be well compensated!
Reply
Posted: Jul 9th 2008 3:47PM In A World said
"Reform the Patent System: A system that produces timely, high-quality patents is essential for global competitiveness in the 21st century. By improving predictability and clarity in our patent system, we will help foster an environment that **encourages innovation**. Giving the Patent and Trademark Office (PTO) the resources to improve patent quality and opening up the patent process to citizen review will reduce the uncertainty and **wasteful litigation** that is currently a significant drag on innovation. With better informational resources, the Patent and Trademark Office could offer patent applicants who know they have significant inventions the option of a rigorous and public peer review that would produce a “gold-plated” patent much less vulnerable to court challenge. Where **dubious patents** are being asserted, the PTO could conduct low-cost, timely administrative proceedings to **determine patent validity**. As president, Barack Obama will ensure that our patent laws protect legitimate rights while not stifling innovation and collaboration."
Posted: Jul 9th 2008 3:49PM Duke said
Oh shit, I sit in a chair at my desk when I type - I am so gonna get sued by them!
Posted: Jul 9th 2008 4:27PM (Unverified) said
"by saying it does not infringe on the patents, that Martin's ideas are unpatentable, and that the company is protected by something called the 'doctrine of prosecution history estoppel.' "
So, in other words, Nintendo said:
"We're not infringing on his patent,
And if we did, it doesnt matter, because his ideas aren't patentable
And if they are, it doesnt matter, because you cant sue us anyway."
Nice.
So, in other words, Nintendo said:
"We're not infringing on his patent,
And if we did, it doesnt matter, because his ideas aren't patentable
And if they are, it doesnt matter, because you cant sue us anyway."
Nice.
Posted: Jul 9th 2008 4:27PM (Unverified) said
for those who are curious what "doctrine of prosecution history estoppel" is, I will give you a quick layman's description. When somebody files a patent application, there is a series of back and forth communications between the applicant and the patent office. Typically this involves the patent office sending an office action that rejects the claims of the patent, and the applicant will respond by arguing why the rejection is wrong or amending the claims. Durring this back and forth the applicant may make certain admissions about the scope of what the claims actually cover. This is known as Prosecution History Estoppel. So basically an applicant is barred from refuting admissions he has made durring the examination of the patent application.
Posted: Jul 9th 2008 5:44PM (Unverified) said
the above is all true, but just to clarify for everyone a bit more: estoppel reveals the natural conflicts in the patent system. when an inventor files an application, they're hoping to achieve protection on the broadest claims the patent office will allow. That will eventually give them a government granted monopoly over a large area. The examiner, on the other hand, is trying to whittle claims away until they represent only the truly novel aspects of an invention and no more. so as davivman said, there's generally a back and forth between inventor and examiner during which the claims are amended or clarified. this dialogue represents the "prosecution history" of a patent, assuming it eventually grants. so as to prevent parties from tricking the office, courts will not allow patent owners to claim something during suit that is counter to an argument they made in the prosecution history. basically, if you limit your invention by clarifying or amending a claim to avoid a concern of the patent office, you can't later sue somebody and pretend that the court shouldn't interpret your claim as limited.
Reply
Posted: Jul 10th 2008 9:31AM (Unverified) said
Well said elvio, are you a fellow patent attorney too? However, just as kind of a nitpicky point, It is not really accurate to refer to a patent as a monopoly. A monopoly is something in the public domain that the government takes from the public and gives to a person (such as certain local utilities). An invention is something that did not exist before and was not in the public domain. It is something novel, that upon publication of the patent enriches the public domain with the knowledge of the invention, and upon expiration of the patent, enters into the public domain, free to be used by anyone. One of the reasons that many monopolies are illegal in this country is that they are anti-competitive and stiffle innovation. Patents do neither of these and infact encourage competitors to invent around patents and give an incentive to innovate knowing that time and effort spent in R&D can be rewarded with a patent allowing you to exclude others from practising your invention.
Reply
Posted: Jul 9th 2008 4:29PM mrmobius said
When it took them 4 years to get around to filing the lawsuit, I feel it could take a while before they bother to resolve this.
Posted: Jul 9th 2008 6:24PM ftank1 said
If this guy filed the patent a year after Nintendo released DS, shouldn't they be suing him?
Posted: Jul 9th 2008 7:02PM (Unverified) said
Can't we just round up all the patent retards and stone them to death? I'm sure I can remember that happening before..
..Or was that just a beautiful dream?
..Or was that just a beautiful dream?
Posted: Jul 9th 2008 7:50PM Misfit Toy said
This just in...the Sun sues Nintendo for use of light in it's products. The Sun had light first and wants to be resonably compensated for the DS and all previous versions of portable Nintendo products.
The Sun had this to say, "Yeah I wanna be compensated. Especially for that Virtual Boy. I hate that thing."
The Sun had this to say, "Yeah I wanna be compensated. Especially for that Virtual Boy. I hate that thing."
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