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Reader Comments (46)

Posted: Sep 27th 2011 1:04PM MystcLazrDragon said

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Do the honestly believe they could win after so many companies have tried before?

Posted: Sep 27th 2011 1:08PM Shadowbender said

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@MystcLazrDragon

But these guys...they're...they're different!
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Posted: Sep 27th 2011 1:34PM TheShaper said

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@Shadowbender
Yup, they're even dumber than the ones who tried before.
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Posted: Sep 27th 2011 2:00PM Extinction said

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@MystcLazrDragon Especially since EMS invented it before Nintendo did it, and they even lost to Nintendo.
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Posted: Sep 27th 2011 5:06PM Suichimo said

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@MystcLazrDragon

Nope, its right their in the article. They want a settlement. They don't want this anywhere near the courts.
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Posted: Sep 28th 2011 4:08AM Design by Adrian said

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@Suichimo Then Nintendo will go to court and these guys will be screwed over.
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Posted: Sep 27th 2011 1:09PM Epoque said

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Who knows, they might have had a case if not for the whole including retailers batshit. Props to any impartial judge that can look past that.

Posted: Sep 27th 2011 1:09PM RavenXtra said

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Sounds like they're close to bankruptcy and need some publicity to sell their useless pointer remote. They can't possibly expect to get any money out of this lawsuit.

Posted: Sep 27th 2011 1:13PM RedRaptor82 said

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Well, at least they'll be able to put together a very interactive slideshow, pointing at all the money they'll have lost in the legal system.

Posted: Sep 27th 2011 1:13PM baddates77 said

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It seems like a lot of these patent trolls come from Texas. I wonder if there is some kind of patent law loophole in Texas that they are abusing. Of course, this could just as easily be a misconception on my part.

Posted: Sep 27th 2011 1:19PM Courtney said

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@baddates77

The most patent friendly court in the nation is in Texas. There are buildings there full of companies and law offices that are virtually unoccupied, just cheap office space so that the companies have a "location" in that district.
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Posted: Sep 27th 2011 1:33PM vidguy said

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@baddates77

Courtney is right. Specifically, the District Court for the Eastern District of Texas rules in favor of patent holders on a more regular basis than any other court in the nation.
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Posted: Sep 27th 2011 2:00PM KaBob799 said

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@baddates77
Lots of technology companies are based in texas.
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Posted: Sep 27th 2011 4:13PM ProfessorBonkle said

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@Epoque
That was a fantastic listen. Thanks to you and Courtney for linking it here.
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Posted: Sep 27th 2011 1:16PM DarkSonata said

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http://memegenerator.net/instance/10271028

(at work so cant upload it elsewhere)

Posted: Sep 27th 2011 1:36PM TheShaper said

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@DarkSonata
Hehe, good.
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Posted: Sep 27th 2011 1:17PM Courtney said

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Everyone who is interested in all these video game lawsuits should listen to the This American Life episode "When Patents Attack" that examines the current state of patent lawsuits in America.

http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack

Posted: Sep 27th 2011 1:20PM Epoque said

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Oh bother, my apologies Courtney.
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Posted: Sep 27th 2011 1:24PM Courtney said

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@Epoque

Ha, no worries, it can't hurt to link twice to that episode in the comments! More people need to listen to it.
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Posted: Sep 27th 2011 1:17PM MercShame said

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Been too long, even since their patent was issued. The judge is gonna lolz

Posted: Sep 27th 2011 1:36PM CaptainProtonX said

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My penis is also in the category of a "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor".

Should I expect a letter soon? I wish to present my hardware in court.

Posted: Sep 27th 2011 1:43PM CaptainProtonX said

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@CaptainProtonX

I'm experiencing a great deal of Star Trek love right now, btw.
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Posted: Sep 27th 2011 1:36PM Themariohenri said

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Posted: Sep 27th 2011 1:41PM kmcroc said

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I say all of those companies being sued by UltimatePointer LLC join up & slap them with a counter suit that over exceeds their worth.

Posted: Sep 27th 2011 1:42PM Alavan said

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One UltimatePointer exec said to his son "this is our new product... pretty cool huh" To which he replied: "That looks like this WiiMote". Then the exec said: "oh it does doesn't it, what should we do?" Then he fell down the stairs and hit his head and said "we should sue Nintendo!"

Posted: Sep 27th 2011 1:42PM TheOtherJames said

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Here's a free Pro Tip for UltimatePointer.

Don't hire your patent lawyers off of late night television.

Posted: Sep 27th 2011 1:46PM vidguy said

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The filing is not "bizarre" at all. Since Obama signed new patent laws on September 16, September 15 was the largest filing day for patent infringement suits in history. http://www.patentlyo.com/patent/2011/09/rush-to-judgment-new-dis-joinder-rules-and-non-practicing-entities.html Suing retailers for a reasonable royalty is permitted under the (old) statute.

It looks like the patent claims would cover the way the Wii remote reads its position based upon the sensor bar LEDs. On its face this is a good suit, but the dates will certainly cause UltimatePointer some problems. A patent applicant has a duty to disclose prior art through the date of issuance, so the Wii's release in 2006 likely invalidates this patent.

The patent can be viewed in pdf form with drawings here: http://www.pat2pdf.org/patents/pat7746321.pdf

Posted: Sep 27th 2011 1:55PM vidguy said

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@vidguy

Forgot to mention: as my link points out, "One provision of the new law strips courts of their power to join multiple defendants in a single lawsuit simply based upon the fact that the defendants are all alleged to infringe the same patent."

The reason this suit names everyone and his brother as a defendant is because it will be significantly harder to do that under the new law. It's a last ditch effort that will probably go nowhere, but a patent troll has to try.
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Posted: Sep 27th 2011 2:08PM twesterm said

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Does this sound like laser pointers to anyone else?

Posted: Sep 27th 2011 2:13PM Shockwave said

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How is a pointing device made for presentations the same as a pointing device for gaming? They make it sound like the Wii is made for powerpoint presentations or something.

Posted: Sep 27th 2011 2:21PM KaBob799 said

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Why dont they try suing the people who have already lost to Nintendo? If so many people have overlapping technology surely they could find an easier target =p

Posted: Sep 27th 2011 2:30PM Marco le Polo said

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"Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor..." ...they are full of it.

Posted: Sep 27th 2011 2:43PM LittleMofreaky said

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A ROYALTY! ARE THEY JOKING! HAHAHAHAHA

Posted: Sep 27th 2011 2:46PM commonperson said

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God there HAS to be reformation to the pattent law system in the US. It is so broken especially in Texas. There was an NPR This American Life all about it which really highlighted how crooked these lawyers and pattent trolls are. Empty offices with a phone covered in dust and a piece of paper saying you came up with a vague idea and then you can sue anyone and everyone. People actually farm it out, one of the founders of Microsoft has made a very lucrative business out of it.

This is the kind of thing that truly stifles inovation.

Posted: Sep 27th 2011 3:01PM vidguy said

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@commonperson

The US patent system received a major overhaul 11 days ago with the passing of the America Invents Act. http://en.wikipedia.org/wiki/America_Invents_Act

We won't know if the changes are helpful until it plays out over 20 years or so, but they are projected to reduce the number of patents issued and the number of infringement lawsuits.
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Posted: Sep 27th 2011 4:36PM hami83 said

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@vidguy Most likely they aren't helpful as the only people that were asked for input about the reforms were big conglomerates.

Well if it does fix anything, it will create and equal amount of new problems.
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Posted: Sep 27th 2011 4:58PM commonperson said

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@vidguy Time will tell as hami83 a lot of the consultation was from those with heavily vested interests. It's probably going to help with the "little guys" but the big conglomerates are still going to run rough shod but it will take years to tell. The entire copyright and pattent systems are broken, you have large companies putting pressure on government to foster their little slice of the pie. Here's hoping things improve. :-/
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Posted: Sep 27th 2011 2:48PM xxMayDay31xx said

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A "loser pays all" system would fix this kind of courtroom blackmailing.

Posted: Sep 27th 2011 2:55PM Retrofraction said

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"The Texas-based LLC claims"

We got a bunch of patent trolls in texas, they should not be able to win this one though because nintendo has be using IR sensors for generations and it is complete BS that they would even start this suit.

Pluse they waited, how many years to act apon this suit? about five and never did once see a wii and go OMG they stole my idea!!!

Posted: Sep 27th 2011 3:39PM DarkSonata said

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@Retrofraction in fact, nowhere in the patent have I read about using IR technology to calibrate the WiiMote, so this lawsuit will fail horribly im sure
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Posted: Sep 27th 2011 4:41PM Jennacide said

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Oh Patent Trolls, you are some of the worst scum of the Earth. Clearly it's not fishy that they registered a patent for the system the same year the Wii was announced and shown at E3. Clearly.

Posted: Sep 27th 2011 5:23PM r4in said

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In other news...

Barney just got face f*cked by an arch-angel on CNN and The Teletubbies are filing a lawsuit.

Posted: Sep 27th 2011 5:50PM (Unverified) said

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"everyone else even remotely involved"
GOD DAMN YOU JOYSTIQ, DAMN YOU AND YOUR PUNS

Posted: Sep 27th 2011 7:12PM wirikidor said

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Interestingly enough, when you look at their website (they make a laser pointer ffs), and go to the contact us page... just in case you want to leave a comment about this the page, much like their sanity, cannot be found.

Posted: Sep 28th 2011 12:27AM therandomizer said

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I hope someone sends a friendly DDOS attack to them.

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