Microsoft and Nintendo Sued Over Patents

[NoName]

It seems a new company is going after the console companies, specifically Microsoft and Nintendo this time. As Gamespot is reporting (http://www.gamespot.com/news/6155238.html?part=rss&tag=gs_news&subj=6155238), a Texan companies called Anascape is sueing over 12 patents:
Texas-based Anascape filed suit on Monday in the US District Court for the Eastern District of Texas, alleging that both companies infringed on 12 patents it was granted between 1999 and 2005. The patents in question deal with a variety of controller technologies, including analog sensors, tactile feedback, and vibration mechanisms.
Sony hasn't been doing so well with their patent case. Could this turn into an issue, or will Microsoft just buy a large chunk of Anascape stock too?

[Heretic Machine]

Does everyone have a patent on those so-called vibration mechanisms?

[phantomhitman]

Sony lost their patent case outright. That is why there is no rumble in the controller. Interesting to see what happens with this case.

[Plays4Pants]

Does everyone have a patent on those so-called vibration mechanisms?

Retitling thread -
A texan porn-product company sues Nintendo and Microsoft....

[Lord Dongkey]

*If* these texans are patent squatters, someone needs to go beat their asses with a big fucking stick.

IF.

If they're not, and Nintendo/MS just developed their own ideas in house that happened to be the same idea as the other guys right around the same time....

Well, I don't know how patent laws work specifically, but it seems pretty damned stupid that you can't develop something at the same time as someone else and have the rights to your ideas if the other guy sprinted to the patent office first, so to speak.

[Vandenh]

Looks like a totally bogus company to me. Didn't they already try this a few years ago?

[soco]

Patent 6,906,700 (3d controller with vibration) seems to relate specifically to TV games, so in the case of that patent, it seems that it's the xbox line that would violate that one. the problem is that, i'm relatively certain there's prior art for that, and i think since MS licenses their technology from immersion, they might be somewhat protected. i believe the N64 example, may be excluded since it wasn't included in the controller and was released prior the filing of the patent.

it's pretty obvious that this is specific patent is just to collect money on, as it's intentionally vague for a lot of things, other than implying it's a game. the only question is when did the dual shock first debut?

[Reanimated]

How many people have this shit patented? Is Immersion now going to sue this Texas company?

[Borthcollective]

Nintendo had in contoller vibration before they released the N64. The kiosk that they had in the Toys R Us that I worked at at the time had one. I remember commenting on it to the hot latin Nintendo rep we had.

[gzsfrk]

Yet another example of how broken and given to corruption our present patent system is in this country. What happened to Sony via the Immersion was no different, imo. Patent squatting should NOT be a viable business strategy; there should be a very short (2 years or less) statute of limitations for protecting your patents. If you do NOT do so, you should forego any and all rights to pursue companies or individuals who violate your "patents" (if such ridiculously vague, generic, and high-level constructs can be called that).

[Xerxes]

Sony IS Anascape, Just jumble the letters around. Then you get Napacase. Which when translated from kanji sysmbols means, you guessed it, Sony.

[Serapth]

Yet another example of how broken and given to corruption our present patent system is in this country. What happened to Sony via the Immersion was no different, imo. Patent squatting should NOT be a viable business strategy; there should be a very short (2 years or less) statute of limitations for protecting your patents. If you do NOT do so, you should forego any and all rights to pursue companies or individuals who violate your "patents" (if such ridiculously vague, generic, and high-level constructs can be called that).


Immersion was *NOT* a patent squater. They shipped actual products, had actual licensing agreements, etc. In the Immersion case, Sony actually WAS infringing on that patent, so was Microsoft, but they settled.

[Hellstorm]

Nintendo has consistantly won these cases. While MS will pay these guys, Nintendo is going to make these guys pay for court fees.

[bean19]

Tomorrow's headline: Microsoft Purchases Anascape. Suit against Nintendo continues. :)

I don't know how true this is. Certainly if Anascape actually came up with these technologies, they should have received licensing fees and royalties for years and I hope they get paid and get punitive damages applied to these companies too. However, if they didn't get the patents or didn't attempt to enforce their licensing in a timely manner, then Anascape needs to get crushed.

[phantomhitman]

or... microsoft buys everyone and says fuck off to the world

[MoJoBehaumat]

Please give Anascape some damn slack. You know if you owned the company/patent you would be doing the same damn thing!
So dont be so quick to judge ;)
Plus Nintendo and Microsoft have deep pockets, it is not like this is going to hurt them in any way!

[Nadreck]

The N64 came out in 1996. The rumble pack attachment came in 1997. I unfortunately don't have time at the moment to research how much the technology itself changed between the N64 and the GameCube (2001, which is the first Nintendo system to be released during the period they are claiming infringement). Anyone care to verify that they changed their methods?

It's certainly pointing to patent squatting.

[GunnyMo]

Gamestop is now reporting news? :p

[MoJoBehaumat]

Gamestop is now reporting news? :p
Yea by offering links to real gaming websites :D

[Serapth]

I did some quick searching into Anascape. It appears to be a holding company of one Brad A. Armstrong. The guy patents extremely small variants of existing technologies. Looks to me like opportunistic patents that shouldnt have been granted in the first place.

Here is a link (http://www.freshpatents.com/Brad-A-Armstrong-cndirb.php) to his existing patents. All pretty lame.

Oh, and as an fyi... apparantly there is a Brad Anderson wrestler... and a Brad Anderson porn star... makes for some interesting google results.

Here is one of his patent abstracts that looks like it would specifically target the Wii.

A handheld device includes a position sensor for sensing movement of the device's display screen relative to another object. A user of the device is able to vertically or horizontally move an image within the display screen by moving or positioning the device in space. An image can also be zoomed in or out by bringing the device and display screen closer to or farther from the user. The user can switch between a motion mode of panning and zooming or a non-motion mode where moving the device does not cause the image on the display screen to move. This allows the motion mode to be used with traditional forms of image manipulation and item selection using a pointer and “click” button. Function, sensitivity, calibration and other options for configuring controls and motion sensing are provided so that the translation of a motion of the device to a manipulation of the image on the screen can be modified to suit different user desires, or different applications or functions. Another approach performs device movement by using an external sensor, such as a camera, and providing image translation information to the device. User gestures while holding the device can be used to invoke device commands such as selecting an item, going back a page in a web browser, etc.


This is especially true if Wii does infact ship with Opera.

[NoName]

Gamestop is now reporting news? :p
Spot? Stop? Bah humbug. Fixed :o

[MoJoBehaumat]

Link busted?
Opera seems to finally be taking the right approach, but could we please rename the damn browser.
How about the Bowser Browser?

[Xerxes]

I did some quick searching into Anascape. It appears to be a holding company of one Brad A. Armstrong. The guy patents extremely small variants of existing technologies. Looks to me like opportunistic patents that shouldnt have been granted in the first place.

Here is a link to his existing patents. All pretty lame.

Oh, and as an fyi... apparantly there is a Brad Anderson wrestler... and a Brad Anderson porn star... makes for some interesting google results.

Here is one of his patent abstracts that looks like it would specifically target the Wii.


This is especially true if Wii does infact ship with Opera.

Awesome link... lol

[Deadend]

I think you should have a physical object to get a patent on it.

[bean19]

I think you should have a physical object to get a patent on it.

Usually a prototype is required for patents on physical objects. :) Still, we don't know if Anapatent had prototypes or not. They may have had one. Who knows.

Some things though, intellectual property, well - they can't be prototyped because they aren't physical - like a forumla for a new drug, etc.

[Serapth]

Awesome link... lol

Thank god its friday as my brain is mush. Here is the link! (http://www.freshpatents.com/Brad-A-Armstrong-cndirb.php)

[Xerxes]

Patents, where incoherent or detailed is questioned.

[greenapple]

Usually a prototype is required for patents on physical objects. :).

This is ABSOLUTELY wrong. A "prototype" is in no way required for a patent on "physical objects" (patentese= composition of matter).

VERY broadly speaking, a US patent has a handful of major requirements: 1) novelty and non-obviousness (e.g. no one invented the exact same thing before and your invention isn't an obvious variant of existing inventions); 2) a sufficient written description to describe the invention claimed (may include drawings/pictures, but not required); and 3) some money for Uncle Sam.

There's no need to have a prototype nor do you need to even really prove that your invention is actually useful or commercially desireable.

[bean19]

greenapple - Thanks. My study of law is limited to what the attorney's office I work for practices and the pre-law classes I took in college which were incomplete and focused more on how to complete research and basic principles of common law, and legal terminology, etc. I shouldn't have spoken as an authority without researching this. . . that was my understanding from discussing it around the office, but I haven't read up on it.

If you are an inventor, attorney, or have had other occassion to actually research this, then I yeild to your greater expertise.

[benig]

Nintendo is a pro in the courtroom. No way will they win this!

[Predation]

I am not sure why we are rooting for the big boys here. Nintendo has had a history of patent abuse (http://evilavatar.com/forums/showthread.php?t=14646&page=1&pp=10), though admittedly that is more about making illegitimate patents rather then abusing patents that already exist.

And yes patent squatters should go die in a fire.

[Serapth]

In 1992, Nintendo lost a lawsuit against the maker of a similar customization tool called Game Genie, when a federal appeals court found that the device didn't infringe Nintendo's copyrights.

arking the end of a year-long dispute, Electronic Arts and Nintendo Monday dropped a lawsuit against Yahoo

New York State v. Nintendo lawsuit: the state attorney general sues Nintendo over the monopoly of the video game industry. Nintendo loses the suit and offers customers a $5 rebate on Nintendo games.

Nintendo has lost a lawsuit against Enterbrain in a Tokyo court, according to Japanese newspapers.

... just a sample. Nintendo has lost their fair share of lawsuits aswell.

[Magnanimous Gnome]

No one should give MS a free ride on this either. MS patents shit all the time that doesn't belong to them and that they didn't think of whatsoever. Just ask Apple.

[laggerific]

Yet another example of how broken and given to corruption our present patent system is in this country. What happened to Sony via the Immersion was no different, imo. Patent squatting should NOT be a viable business strategy; there should be a very short (2 years or less) statute of limitations for protecting your patents. If you do NOT do so, you should forego any and all rights to pursue companies or individuals who violate your "patents" (if such ridiculously vague, generic, and high-level constructs can be called that).


Yeah...it's really the patent system that is broken in this country...and these people work it like any other exploit is worked for peoples gain.

[wolfma]

Just google for ANASCAPE - according to google this company is non-existent beside this lawsuit, they don't even have a home page ...

Any plumber in my home town has more google references then this company ...

jsut suing companies is not a legit buisiness IMHO -

DROP DEAD

[bean19]

wolfma - If this is the case then it is extremely likely that both companies will win a summary judgement against Anascape and they'll not ever exceed their legal budget. However, Anascape could simply be the name of a business that is really just one man coming up with ideas and patenting them - then attempting to license them. A one-man inventor with such a business could very well have no web presence whatsoever.

Suffice it to say, the lawyers will do the digging on Anascape. . . but it will be a lot more thorough than simply doing a google and then declaring them defunct.

[wolfma]

@bean19: I agree, but the plumber and carpenter in my home town is not spending any money and effort on his internet presence, and he got more references on the web ...

I can't believe MS and Sony are not doing an extensive patent search, and if the patent is really about some of the controller technologies - isn't that for years in the market place, and now they are remembering they got a patent ???

but I agree with you bean19 - the lawyers are going to do some more extensive patent/claim/background search now, and even if nothing good comes out of this, there are going to be some lawyers makeing a good deal of money on this ...

[shnastybiznastic]

The interesting thing about Nintendo is that they designed a new method of force feedback when introversion brought it up. Assuming this guy isn't just bullshitting, it will be neat to see how Nintendo dodges this.

[Busted_Astromech]

The interesting thing about Nintendo is that they designed a new method of force feedback when introversion brought it up. Assuming this guy isn't just bullshitting, it will be neat to see how Nintendo dodges this.
Actually, as I understand it Nintendo never used the method Immersion patented. Nintendo's rumbles have always felt different from Sony's and Microsoft's, more like the weight is spinning in a much bigger loop and moving the controller than the vibration you get from a Dual Shock or Pumpkin.