It's been more than two years since Immersion and Sony settled their kerfluffle over the latter party's infringement on the former's "haptic feedback" (rumble) technology. However, Sony's not quite out of the woods yet -- it's currently the subject of yet another civil suit, filed this time by Craig Thorner, an engineer who also held a number of patents relating to haptic feedback.
Brace yourselves -- this gets confusing. After its settlement with Sony, Immersion was set to take on Performance Designed Products (PDP) for similar rumble-yoinking reasons. PDP contacted Thorner for some pre-litigious preparation. They negotiated terms for the licensing of his patents -- though Thorner used the same lawyers who represented Sony to help with said negotiation. His complaint is that these lawyers got him unfavorable results in the negotiation, including low royalty payments, and the inclusion of a provision that would grant a patent license to Sony.
So, technically, Sony's getting sued for patent infringement and legal malpractice. Hopefully, no suspected shady dealings will go down in this case. We'd hate to see Sony get stuck in some sort of inescapable infinite lawsuit loop.
Update: Turns out we've already turned your attention to this intense legal showdown. Consider this a helpful accidental reminder!
Reader Comments (48)
Posted: May 19th 2009 2:22PM Chris DPSN AggieCEO XBLThe Aggi said
until you get a DUI or Speeding Ticket....
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Posted: May 19th 2009 2:31PM (Unverified) said
Sorry, Chris, but seeing as I'm a life-long teetotaler it's extremely doubtful that I'll ever get a DUI. And what kind of speeding ticket requires a lawyer?
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Posted: May 19th 2009 2:41PM aughscreennames said
Because everyone drives drunk and gets a felony level speeding ticket.
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Posted: May 19th 2009 2:45PM Chris DPSN AggieCEO XBLThe Aggi said
What kind of speeding ticket requires a lawyer??? any of them if you dont want a point added to your license....ESPECIALLY if you get one in a WorkZone or are going more than 15 miles over the speed limit...sure you can pay it off and not go to court....but your insurance will go up....or worse you could get dropped altogether....
example....I got a speeding ticket(45 in a 35) and went to court and had to take driving classes that I had to pay for myself as WELL as pay the ticket, court cost, etc....total $500....all that to keep my insurance from going up....
my friend gets a speeding ticket(72 in a 60) and because he has pre-paid legal all he had to do was tell the lawyer...lawyer goes to court for him, show all kinds of paperwork showing how he is an "outstanding citizen" I mean transcripts from school,recommendations from professors, and co-workers and the says that he was just a little upset over somethings that were going on in his life at the time and that he is sorry. Judge reduces it to 64 in a 60 and throws the case out.....he pays $500/year for pre-paid services....he could use that lawyer for up to 80 hours within the year and that only took 8 hours to do.....
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example....I got a speeding ticket(45 in a 35) and went to court and had to take driving classes that I had to pay for myself as WELL as pay the ticket, court cost, etc....total $500....all that to keep my insurance from going up....
my friend gets a speeding ticket(72 in a 60) and because he has pre-paid legal all he had to do was tell the lawyer...lawyer goes to court for him, show all kinds of paperwork showing how he is an "outstanding citizen" I mean transcripts from school,recommendations from professors, and co-workers and the says that he was just a little upset over somethings that were going on in his life at the time and that he is sorry. Judge reduces it to 64 in a 60 and throws the case out.....he pays $500/year for pre-paid services....he could use that lawyer for up to 80 hours within the year and that only took 8 hours to do.....
Posted: May 19th 2009 4:48PM tucker973 said
Just to second Chris' reports - I was pulled over on the Interstate in VA doing 86 in a 65 (not the fastest car either, mind you, just the one who got nailed). Well, in VA any speeding ticket over 20mph is an automatic reckless driving charge, which in VA is basically the same as a DUI (*cough*mr. teetotaler*cough*) - including super heavy fines and potential jail time.
On a reckless charge in VA, you've got a mandatory court appearance. I live in Northeastern PA and where I was pulled over was more than six hours away, and the court date was midweek during a time I couldn't take off work.
So, I hired a lawyer, and ultimately he was able to get the charge reduced to a normal speeding ticket, etc. Sure beats paying $1k+ in fines and potentially jailtime - also beats a round-trip to Virginia to appear in court.
The moral is, yeah, some lawyers suck, but to claim they're all scum and boast you'll "never" need one is a little absurd. Even if *you're* not doing something wrong, it doesn't mean a situation won't arise where you'll one day require a lawyer's services.
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On a reckless charge in VA, you've got a mandatory court appearance. I live in Northeastern PA and where I was pulled over was more than six hours away, and the court date was midweek during a time I couldn't take off work.
So, I hired a lawyer, and ultimately he was able to get the charge reduced to a normal speeding ticket, etc. Sure beats paying $1k+ in fines and potentially jailtime - also beats a round-trip to Virginia to appear in court.
The moral is, yeah, some lawyers suck, but to claim they're all scum and boast you'll "never" need one is a little absurd. Even if *you're* not doing something wrong, it doesn't mean a situation won't arise where you'll one day require a lawyer's services.
Posted: May 19th 2009 2:06PM Captain Planet Planeteer Power said
Sony should just attach their Sony-Ericson phones to the back of PS3 controllers and call every PS3 owner every 25 seconds. I'm sure it would be a lot cheaper than lawyer fees.
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Posted: May 19th 2009 2:46PM Captain Planet Planeteer Power said
I assure you, I am the real Captain Planet. Go ahead, ask me who's 'Power' it is.
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Posted: May 19th 2009 2:50PM D3m0sthenes said
How dare you... I come back from the dead and this is happening???
I AM THE ORIGINAL CAPTAIN PLANET AVATAR (sporting mario hat and nintendo seal of quality) BACK OFF BUDDY.
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I AM THE ORIGINAL CAPTAIN PLANET AVATAR (sporting mario hat and nintendo seal of quality) BACK OFF BUDDY.
Posted: May 19th 2009 2:59PM Captain Planet Planeteer Power said
LIES!! You're an imposter and I have the article to prove it:
http://www.csmonitor.com/2007/1129/p25s01-wogi.html
You are my evil nemesis...CAPTAIN POLLUTION!! AVAST!!
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http://www.csmonitor.com/2007/1129/p25s01-wogi.html
You are my evil nemesis...CAPTAIN POLLUTION!! AVAST!!
Posted: May 19th 2009 3:15PM Chris DPSN AggieCEO XBLThe Aggi said
Posted: May 19th 2009 3:23PM D3m0sthenes said
Let me tell a tale...
I started reading the 'stiq back in 05, a much simpler time... a time when the Xbox had no degrees, and the Playstation had no threes, And Nintendo's Wii was but a fantasy.
A time without +1s or -1s but only the stars above rewarded your words and dreams, and a million screams at E3, when it wasn't lame and people could actually go. When Nintendo's shows wern't "EPIC PHAIL" And Sony had real games. And Microsoft was trying to prove to the world that it was much more than the Halobox.
Ahhh... The good ol days...
NOSTALGIA
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I started reading the 'stiq back in 05, a much simpler time... a time when the Xbox had no degrees, and the Playstation had no threes, And Nintendo's Wii was but a fantasy.
A time without +1s or -1s but only the stars above rewarded your words and dreams, and a million screams at E3, when it wasn't lame and people could actually go. When Nintendo's shows wern't "EPIC PHAIL" And Sony had real games. And Microsoft was trying to prove to the world that it was much more than the Halobox.
Ahhh... The good ol days...
NOSTALGIA
Posted: May 19th 2009 3:33PM D3m0sthenes said
Yes little one. All is now well in the world...
EXCEPT...
For the impostor.....
Reply
EXCEPT...
For the impostor.....
Posted: May 19th 2009 3:19PM (Unverified) said
Please! you could say that when they got sued by Immersion, but getting sued by another party FOR THE SAME THING?!?!?! Only one party can own the patent, folks...
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Posted: May 19th 2009 2:20PM baby sea tuna said
They should be disbarred.
And by 'disbarred' I mean 'deboned'. And then they should have their bones replaced with AIDS.
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And by 'disbarred' I mean 'deboned'. And then they should have their bones replaced with AIDS.
Posted: May 19th 2009 2:14PM (Unverified) said
i feel sad for sony. this sort of thing can really be frustrating for them. at least i bought a PS3 recently.
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Posted: May 19th 2009 2:16PM Kruegmeister said
This guy probably didn't even invent it. Probably Stole it from someone else.
It is just an out of Balance Motor, same as what makes your Cell Vibrate for the most part anyways.
Hey... I invented Chewing Food...
This dude is abusing the System.
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It is just an out of Balance Motor, same as what makes your Cell Vibrate for the most part anyways.
Hey... I invented Chewing Food...
This dude is abusing the System.
Posted: May 19th 2009 3:14PM AirIntake said
Yeah, don't even get me started on Nintendo's d-pad patent. In 2D you need to more 4 directions, X+, X-, Y+, Y-. Nintendo obviously used 4 buttons to move those 4 directions, and then just put some plastic over them in the shape of a cross to make it easier to slide between them. Now everybody has to come up with a much more complicated solution, even though 4 buttons for 4 directions should be considered obvious for those in the trade and un-patentable. Aren't you glad that steering wheels aren't patentable and that we don't have a different type of steering system for every brand of car? Or pedals? "I'm sorry sir, but since this is a Honda you have to stick the control lever in your anus in order to steer the vehicle. Ford unfortunately invented the steering wheel before us."
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Posted: May 19th 2009 2:18PM spin cycle said
If his lawyer screwed him, he should be suing his lawyer, not Sony.
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Posted: May 19th 2009 2:20PM darkinchworm said
I can't think of what brand of humor you'd classify that as, but the headline made me laugh my ass off. Kudos.
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Posted: May 19th 2009 2:21PM baby sea tuna said
As long as they don't take my rumbles away again, I don't care.
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Posted: May 19th 2009 2:28PM Captain Planet Planeteer Power said
I'm going to sue Sony for getting sued so damn much.
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Posted: May 19th 2009 2:34PM Chris DPSN AggieCEO XBLThe Aggi said
this has been going on since before the PS3 was even announced E3 2005.....thats why we had that SIXAXIS debacle....why the hell is this still going on??
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Posted: May 19th 2009 2:46PM (Unverified) said
Totally off topic, but you promised me a picture in a tanooki suit, Chris. Where the hell is it?!
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Posted: May 19th 2009 2:50PM kentuckyfried said
It's going on b/c there's large amount of money involved...
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Posted: May 19th 2009 2:51PM Captain Planet Planeteer Power said
Guys, I got it! I can single handedly prevent any further law suits/litigation for Sony. All they need to do is release the original PS3 "boomerang" controller:
http://news.filefront.com/wp-content/uploads/2008/06/ps3-boomerang.jpg
I'm pretty sure Immersion and this is other ass clown Craig Thorner wouldn't want to take credit for the rumble/haptic feedback in something so hideous.
Then again, there was this monstrosity in circa 2001:
http://xbox360.vggen.com/features/crossroads/original_controller.jpg
Reply
http://news.filefront.com/wp-content/uploads/2008/06/ps3-boomerang.jpg
I'm pretty sure Immersion and this is other ass clown Craig Thorner wouldn't want to take credit for the rumble/haptic feedback in something so hideous.
Then again, there was this monstrosity in circa 2001:
http://xbox360.vggen.com/features/crossroads/original_controller.jpg
Posted: May 19th 2009 3:05PM Chris DPSN AggieCEO XBLThe Aggi said
@adolson I know that....I mean why the hell wont they just let it go....dude is getting money....
@WRE: I did?? lol....how long ago was that?? lol
@Captain Planet: http://www.youtube.com/watch?v=zgAPFKDL6Sg#t=7m24s
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@WRE: I did?? lol....how long ago was that?? lol
@Captain Planet: http://www.youtube.com/watch?v=zgAPFKDL6Sg#t=7m24s
Posted: May 19th 2009 3:19PM ChiTownRuler23 said
you'll never be able to take my DS3 from my cold dead hands!!
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Posted: May 19th 2009 3:08PM MaliceMajorE15 said
"stuck in some sort of inescapable infinite lawsuit loop"
west ham anyone?
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west ham anyone?
Posted: May 19th 2009 3:34PM chaboud said
I had the "pleasure" of talking with a couple of Sony's attorneys before quitting my job there (5+ years with Sony, 10+ with the company they bought) this year. We were arguing over a BS "non-disclosure" contract with a bunch of IP-land grab nonsense in it.
They defined "Invention" as:
"Inventions" shall mean any new or useful art, discovery, contribution, finding, or improvement whether or not
patentable, and all related know-how.
and claimed the rights to any inventions for a year after our employment with Sony. There were also clauses that could be construed to claim audio and video recording and creative work that I might do (I'm a programmer).
When I brought this up, the head of Sony legal US said "well, you realize that those are just definitions, and you're not agreeing to anything there."
I replied, "I'd be agreeing to *those* definitions."
I eventually backed them into a logical corner and they hung up on me.
I resigned after that. Ugly place, bad lawyers.
Reply
They defined "Invention" as:
"Inventions" shall mean any new or useful art, discovery, contribution, finding, or improvement whether or not
patentable, and all related know-how.
and claimed the rights to any inventions for a year after our employment with Sony. There were also clauses that could be construed to claim audio and video recording and creative work that I might do (I'm a programmer).
When I brought this up, the head of Sony legal US said "well, you realize that those are just definitions, and you're not agreeing to anything there."
I replied, "I'd be agreeing to *those* definitions."
I eventually backed them into a logical corner and they hung up on me.
I resigned after that. Ugly place, bad lawyers.
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