It's been kind of a while since Nintendo was sued by someone for purportedly infringing on existing patents, but UltimatePointer LLC is doing just that in a complaint filed just under two weeks ago. The Texas-based LLC claims that Nintendo's Wiimote conflicts with its own patent (no. 7,746,321) for an "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor." While UltimatePointer's patent was filed way back in May of 2005, it didn't actually receive official status until June of 2010 -- approximately four years after Nintendo launched its Wii console in North America.
Bizarrely, UltimatePointer is also suing, like, everyone else even remotely involved with the Nintendo Wii. The complaint notes that the various retailers listed (in addition to Nintendo of Japan and Nintendo of America) are liable due to sales association. In so many words, the retailers were involved in the "making, using, importing, and/or selling" of Wii "systems, games, and related accessories (the 'accused products')," and therefore are just as liable for patent infringement as the hardware manufacturer.
Even more bizarrely, the list of defendants includes a scattershot of retail chains in the United States that sell various Wii hardware, including places like QVC and Tiger Direct, but not, say, Amazon or NewEgg. The complaint doesn't request a specific award should UltimatePointer succeed, instead asking that Nintendo of America pay "a reasonable royalty" due to the alleged infringement, in addition to lawyers/court fees and "enhanced damages" owed.
Reader Comments (46)
Posted: Sep 27th 2011 1:04PM MystcLazrDragon said
Do the honestly believe they could win after so many companies have tried before?
Posted: Sep 27th 2011 1:08PM Shadowbender said
@MystcLazrDragon
But these guys...they're...they're different!
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But these guys...they're...they're different!
Posted: Sep 27th 2011 2:00PM Extinction said
@MystcLazrDragon Especially since EMS invented it before Nintendo did it, and they even lost to Nintendo.
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Posted: Sep 28th 2011 4:08AM Design by Adrian said
@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
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
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
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
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 4:13PM ProfessorBonkle said
@Epoque
That was a fantastic listen. Thanks to you and Courtney for linking it here.
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That was a fantastic listen. Thanks to you and Courtney for linking it here.
Posted: Sep 27th 2011 1:16PM DarkSonata said
Posted: Sep 27th 2011 1:17PM Courtney said
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
http://www.thisamericanlife.org/radio-archives/episode/441/when-patents-attack
Posted: Sep 27th 2011 1:17PM MercShame said
Been too long, even since their patent was issued. The judge is gonna lolz
Posted: Sep 27th 2011 1:36PM CaptainProtonX said
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.
Should I expect a letter soon? I wish to present my hardware in court.
Posted: Sep 27th 2011 1:43PM CaptainProtonX said
@CaptainProtonX
I'm experiencing a great deal of Star Trek love right now, btw.
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I'm experiencing a great deal of Star Trek love right now, btw.
Posted: Sep 27th 2011 1:36PM Themariohenri said
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Posted: Sep 27th 2011 1:41PM kmcroc said
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
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
Here's a free Pro Tip for UltimatePointer.
Don't hire your patent lawyers off of late night television.
Don't hire your patent lawyers off of late night television.
Posted: Sep 27th 2011 1:46PM vidguy said
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
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
@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.
Reply
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.
Posted: Sep 27th 2011 2:08PM twesterm said
Does this sound like laser pointers to anyone else?
Posted: Sep 27th 2011 2:13PM Shockwave said
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
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
"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
A ROYALTY! ARE THEY JOKING! HAHAHAHAHA
Posted: Sep 27th 2011 2:46PM commonperson said
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.
This is the kind of thing that truly stifles inovation.
Posted: Sep 27th 2011 3:01PM vidguy said
@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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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.
Posted: Sep 27th 2011 4:58PM commonperson said
@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
A "loser pays all" system would fix this kind of courtroom blackmailing.
Posted: Sep 27th 2011 2:55PM Retrofraction said
"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!!!
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
@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
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
In other news...
Barney just got face f*cked by an arch-angel on CNN and The Teletubbies are filing a lawsuit.
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
"everyone else even remotely involved"
GOD DAMN YOU JOYSTIQ, DAMN YOU AND YOUR PUNS
GOD DAMN YOU JOYSTIQ, DAMN YOU AND YOUR PUNS
Posted: Sep 27th 2011 7:12PM wirikidor said
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
I hope someone sends a friendly DDOS attack to them.






