Nintendo sued, yet again, for Wii remote patent infringement
by Ross Miller 
{ Aug 21st 2008 at 10:20AM }
There have been numerous lawsuits and patent claims on Nintendo's Wii and DS interface technology. We're wondering if any of these companies who are suing Nintendo for patent infringement will ever sue each other for the same violations. We won't be seeing the lawsuit go to court anytime soon, however, as it's been put on hold while the ITC investigates. According to Bloomberg, that could take about 15 months.
Reader Comments (Page 1 of 1)
LAZoftheTamarinds @ Aug 21st 2008 10:23AM
Even if Nintendo does lose money in this lawsuit it doesn't matter because they will quickly get theuir money back and more with how crazy the Wiis are still selling.
FOXHOUND @ Aug 21st 2008 10:27AM
That's why these companies are going after Nintendo because they're aiming for ridiculous cash settlements.
I'm not saying this "Hillcrest Labs" don't have a valid case(I'm no attorney by any means)but if they truly did have similar work... they rightfully should be compensated.
BlackSheep @ Aug 21st 2008 10:37AM
I think its more to the point that something could happen to importing or selling the trademark Wiimote. Like what happened to the Classic and GC pads.
Jack of No Trades 85 @ Aug 21st 2008 10:29AM
@ LAZ
Dude, lol the court could order Nintendo to pay a certain percentage or all of their profits made by the Wii to the company suing Nintendo.
It would be crazy if Nintendo wasn't able to import anymore Wii's?
With all of these lawsuites flying around, Nintendo better have something up their sleeve before the Wii is history.
Moptimus Slime @ Aug 21st 2008 11:38AM
Jack, look at it this way.
Lets say Thomas Edison patented the lightbulb. Soon after, somebody invented an "electric candle" (stay with me here). Edison takes one look at the candle and says "It runs on electricity and it produces light, so he must've infringed on my patent" and sues the guy.
There are reasons some things can't be patented, vacuum cleaners, remotes, cars, etc. Have they ever put this patent into use? And if so, did the end result function as a Wiimote would?
Jack of No Trades 85 @ Aug 21st 2008 11:44AM
Thanks
I got it now. I wish they made it more clear in the post.
Moptimus Slime @ Aug 21st 2008 11:51AM
always happy to help :D
Wait, was that sarcasm? D:
Suichimo @ Aug 21st 2008 10:33AM
Of course they won't sue each other. They aren't the ones sitting on the giant mountain of cash.
@Jack
The most they'd really have to do is pay royalties, if these claims actually have validity. The companies would probably end up with more money if they settled out of court which is probably what they're hoping to do.
Jack of No Trades 85 @ Aug 21st 2008 10:37AM
Well, it depends. If the technology they are suing over is a big part of the Wiimote then Nintendo might be ordered to pay a little more than royalties.
Fernando Rocker @ Aug 21st 2008 10:44AM
Jack
This is not the first other companies are suing Nintendo. In the last month there was a suing against the DS, the GC controller and Wii remote. And now again the remote.
Guess what? They are just patent trolls who doesnt have a chance to win.
Tell me... why are suing now, after two years?
Noshino @ Aug 21st 2008 10:48AM
Yup, Jack is right, if the company is right, and their technology is heavily used by the Wiimote, depending on how they present the case....they could come out of this with a lot...
Jack of No Trades 85 @ Aug 21st 2008 10:55AM
People who invent and patent things first deserve compensation from companies that re-use their patents & ideas. Its not trolling lol. It take all time to invesgate patents if a comany has thousands of them. Maybe thats why it ttok so long.
samfish @ Aug 21st 2008 10:56AM
No, Jack is wrong. They aren't suing over technology, they're suing over concepts, basically. Read the statement they issued. This is NOT a case of Nintendo taking specific tech that they invented and not paying for it.
They're suing specifically over "a handheld three-dimensional pointing device" and "a navigation interface display system that graphically organizes content for display on a television."
Koopaknight29 - (Nintendo Loyalist) @ Aug 21st 2008 10:59AM
So, a... remote control?
FOXHOUND @ Aug 21st 2008 11:00AM
Guys, you have to realize that when patent lawsuits like this pop-up, it may have taken years to research before officially stating intent to declare patent infringement. So many of them occur these days that media outlets usually don't hear of the big ones until it literally is being handled by the higher judicial systems.
Or when the plantiff contacts the media at time of realization that their product is being used without their permission for more hype...
samfish @ Aug 21st 2008 11:00AM
Also, Jack, they own 29 patents and have applied for over 100. Taking years to investigate something like this is not part of the equation.
Jack of No Trades 85 @ Aug 21st 2008 11:01AM
@Samfish
"a handheld three-dimensional pointing device" and "a navigation interface display system that graphically organizes content for display on a television."
Dude WTF, lol thats what the Wii is. What are you talking about?!
samfish @ Aug 21st 2008 11:04AM
Yes, Jack. EXACTLY.
THAT is why you're missing the point. This is abusing the patent system. It's as absurd as that other company who is trying to sue Nintendo over the DS because they have an idea for video gambling devices that use a touch screen interface.
Apples and oranges.
Jack of No Trades 85 @ Aug 21st 2008 11:11AM
@Samfish
This isn't the same case.
"a handheld three-dimensional pointing device" and "a navigation interface display system that graphically organizes content for display on a television."
This what the Wiimote is. The Wiimote is a 3 dimensional pointing device that navagates an interface display system that graphacally organizes content on a tv.
What so hard to understand Sam?
They have a good case with this lawsuit.
fred @ Aug 21st 2008 11:16AM
@jack:
He wasn't saying it wasn't, he was saying the wii wasn't using technologies developed by these people, that only the concepts are similar and THAT is why these patent trolls are suing.
samfish @ Aug 21st 2008 11:20AM
Let me make this easy for you to understand...
"a handheld three-dimensional pointing device"
This is not a new concept. Such concepts have existed for years.
"a navigation interface display system that graphically organizes content for display on a television."
This is also not a new concept. Such concepts have existed for years.
When they go to court, they will argue these two things as separate violations.
The patent system is not meant for companies to come out with broad, vague concepts and then jump when something else that fits within the parameters of that BROAD and VAGUE concept comes along.
It exists to protect one's ideas and concepts from being used without permission.
Moptimus Slime @ Aug 21st 2008 11:46AM
You shouldn't be allowed to patent "ideas", only devices. Lets say someone patented the idea of breathing through your mouth, and threatened to sue every who did. Unless you can put your patent to use and mass produce it, you shouldn't be granted a patent.
Heres my patent, a service that allows you to watch your favorite music videos and TV shows/movies from your computer. Uh oh, looks like YouTube and Hulu are infringing on my patent, I better shut them down.
stoik @ Aug 21st 2008 3:17PM
I patented the idea of exhaling then inhaling as a way to facilitate gas exchange quicker than static diffusion. Oh look, you all stole my idea and called it "breathing" which infringes on my patent "super-happy gas exchanging." I'm going to sue you all and make a shit-load of money.
$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Kweli @ Aug 21st 2008 10:40AM
These patents are getting out of hand...
I wish i was smart enough to patent:
Things that make noises
Things that have lights
Things that are round
Id be freaken RICH
Psaakyrn @ Aug 21st 2008 10:41AM
Ok, is it just me, or are people taking their own sweet time to get these claims in progress? Either the claimant or the legal system is being absurdly slow here. I mean, wasn't the Wii out like 2 years ago?
Phantom @ Aug 21st 2008 10:48AM
yea , but when did nintendo first show how much cash it made , that's when this all started .
Zsavior @ Aug 21st 2008 11:03AM
@Psaakyrn
That is exactly the point, I used to think grubby little no name companies do this but, check this story out.
http://latinoreview.com/news/fox-suing-warner-brothers-over-watchmen-5238
Now it is not patent law but it is the same tactic. If you are a company media or tech, doesn't matter. And you see somebody with a better idea you wait, you watch and then you try and get money if it is successful because you can't do much better on your own.
If you didn't click on the link, Fox held distribution right to a big up coming comic book film called Watchmen. Now this comic isn't any old comic, as a comic book fan I probably know tons about it yet I have never read it(to my shame). This comic is the pinnacle of literary work. That being said Fox knows it has had a horrible track record with comic movies. In comes Warner bros who do have the right to make it but that is all. Their track record is somewhat better and they are the ones taking the chance. Fox waits till February 2008 to spring the Law suit on Warner Brothers, just as the movie finishes.
Remember this is A huge comic, tons of respect from the writing and critic community as well, as tons of fans, and non fans waiting to see this on screen. Why didn't Fox holding the rights to distribute the film yell years earlier when it was in production? For the same reason these tech companies say nothing, easy money. Those that can't do Teach, those that can't do nor teach, creep, simple as that.
Psaakyrn @ Aug 21st 2008 11:35AM
There is a difference. Fox cannot block anything but distribution because that is what it owns. Basically, it had no case before then, since Fox doesn't own any other right to the movie.
Erwos @ Aug 21st 2008 10:47AM
These guys aren't patent trolls. They make stuff. I know a couple guys who work for them (the company is local to me). They do, in fact, do stuff with motion control, and have been doing it for quite a while. Logitech's air mouse thingie used their tech.
samfish @ Aug 21st 2008 10:52AM
They might have something with regards to interface design, but trying to claim they own the rights to an infrared pointer is absurd. But even then, their interface looks more like AppleTV than the Wii menu.
To their credit, though, at least THIS company actually has a product on the market, unlike the last one who sued Nintendo.
It's sad, too, because if you look on their site, they link a couple articles talking about how the Wii is making this stuff possible for companies like this Hillcrest.
Markez @ Aug 21st 2008 11:39AM
Yo Fish!
I know you're a blox fan, was wondering if you could clue me in on how/where I can download user created levels?! Haven't found anybody to help me out.
Moptimus Slime @ Aug 21st 2008 11:48AM
its not like BlastWorks :( You need a friend code and WiiConnect24 on, then you can send it to friends.
reppy @ Aug 21st 2008 10:53AM
I own the patent on frivolous patent lawsuits. I'll be contacting my lawyer about this shortly.
wiredknight @ Aug 21st 2008 10:58AM
It's one thing to be jealous that someone else brought similar technology to market more successfully, it's another thing to be a dick about it.
MrSpaceCowboy @ Aug 21st 2008 11:09AM
Objection!
Kevin @ Aug 21st 2008 11:12AM
Here's a comparison:
Loop: A black circle
Wii: A white stick
Loop: Controls TV
Wii: Controls Wii
Loop: Moves a cursor via hand based motion (gyroscope?)
Wii: Infra-red camera and bluetooth transmitter with accelerometers.
To me they look like entirely different devices that have a similar function. As I understand it, as long as the Wii Remote's patent description is not a subset of the Loop's patent description, Nintendo is home free.
Jacksons @ Aug 21st 2008 11:15AM
I love reading these comments and watching people attempt to explain the situation. Freaking. Classic.
mocax @ Aug 21st 2008 11:20AM
Nintendo should just say "the hell with america, we're coming back to japan"
Suichimo @ Aug 21st 2008 11:32AM
But Nintendo already owns Japan. Now they're looking to annex the United States.
Wiinterfang @ Aug 21st 2008 11:24AM
I wish I would have patent the color blue.
Blazur @ Aug 21st 2008 11:34AM
Brilliant photo :)
Moptimus Slime @ Aug 21st 2008 11:52AM
Man, if only I had patented patent trolling. I'd be rich off of these Nintendo lawsuits alone
eugene @ Aug 21st 2008 11:56AM
What happened America? Once upon a time we were known for our creativity and ingenuity.
LaughingTarget @ Aug 21st 2008 2:14PM
We got tired of the rest of the world act like they're entitled to our inventions without compensation. But, in this case, gotta side with Nintendo. Can't patent broad concepts that existed in Sci-Fi novels for decades.
Roto13 @ Aug 21st 2008 12:05PM
How exactly do all of these companies hold the same patent?
Phillip @ Aug 21st 2008 2:32PM
Once again, awesome pic.
Mr Khan @ Aug 21st 2008 2:54PM
That picture made me think of "Wii Suit," where all the patent suits against Nintendo are acted out with Miis
It would totally be worth it, even if the only waggle incorporated was banging the gavel. I played judge in my high school's mock trial, and had all sorts of fun banging that gavel
Cesaria (Pitchfork Fest 2008 FTMFW!) @ Aug 21st 2008 4:50PM
This is getting pretty ri-goddamn-diculous.
Shroomsday @ Aug 21st 2008 6:18PM
However this ultimately goes, the winner will be Nintendo. People generally associate the motion sensing wand-waving experience with them, so they are the ones who get the credit, attention, and prestige. even if they technically lose the case and have to pay a wad of dough.
Apple didn't invent the mp3 player, but the iPod is a phenomenally strong brand. Didn't Creative try to get them in court over that one?
20% product, 80% publicity, I believe it's said...
PsiWren @ Aug 23rd 2008 6:28PM
Purely my own opinion, but I think it's a combo of sour grapes and being greedy.
1. Jealous of the fact that in 2 years, Nintendo's done so much better selling an IR (infra-red) interface than they did.
2. As said, the Wii has been out for 2 years...and we're on the verge of Christmas shopping season. (Even in 15 months time it'd still be shopping season again.) They want to block importation of the Wii? They could've sued them at any time these past two years but again, the choose a time when the Wii is/would be really selling and in demand from the shopping public.
Besides, the way it's reportedly phrased (and stated as 2 separate items, not one):
["a handheld three-dimensional pointing device," and another on a "navigation interface display system that graphically organizes content for display on a television"]
I suppose that all those companies out there that make anything from laser pointers used in classrooms and business meetings to remote controls for VCR/DVD machines and TV sets better watch out.