Last month GamePolitics reported that Maryland-based Hillcrest Labs sued Nintendo for alleged patent law violations in regard to the Wii's motion-sensitive controller.
Hillcrest has now upped the ante.
As Reuters reports, the firm, which claims that patents for its motion-senstive remote control The Loop were infringed upon by the Wiimote, has also lodged a complaint with the U.S. International Trade Commission, a government agency.
The ITC's enforcement powers enable it to block foreign-made products which are judged to infringe upon patents of U.S. firms. A posting on the agency's website reports that it has indeed launched an investigation which will require responses from Nintendo of Japan and Nintendo of America. An explanation of the investigative timeline is posted on the ITC website:
By instituting this investigation... the ITC has not yet made any decision on the merits of the case. The ITC's Chief Administrative Law Judge will assign the case to one of the ITC's five administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.
The ITC will make a final determination in the investigation at the earliest practicable time. Within 45 days after institution of the investigation, the ITC will set a target date for completing the investigation. ITC remedial orders in section 337 cases are effective when issued and become final 60 days after issuance unless disapproved for policy reasons by the U.S. Trade Representative within that 60-day period.
Comments
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
This is a good message for me..Its too bad that patents were originally designed to give inventors a window of opportunity to profit from their idea's but are now used as a kind of blunt instrument to extort money from people with similar, but not quite, identical idea's.EspeciallyTiffany Jewellery bad are the trolls who Tiffany Jewellery just sit on their extremely broad patents for years and only attack after a company has become successful.There should really be some kind of limit to that to prevent misuse like this (sue within a year from the point at which your patent was violated or something).
At least these people have a product, even if it seems to be to badly realized and clunky to make much money on it's own.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Come on Nintendo, you guys make $1.6 million per employee, just shut these people up. I'm tired of hearing about it.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
This is pretty odd for a patent troll to go to. I guess they're trying to yell "PAY ATTENTION TO ME!!!"
Heh, it's been a while since Nintendo was in legal waters by American companies. The last big time was the mid 80s Atari vs Nintendo lawsuits.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
If it does infringe upon Hillcrest's patent it would be understandable if the wiimote was withdrawn from production, but that doesn't mean Nintendo will have to cease production of Wiis.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Let's see Jack get involved with this!
Anyway, since The Loop was only meant as a TV remote, they hardly have a case against Nintendo, since they made the Wii Remote for more than just messing with your TV.
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I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.
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I AM DOOMED TO HAUNT JACK THOMPSON'S DREAMS UNTIL HIS CRUSADE AGAINST VIDEO GAMES ENDS.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
If Nintendo can produce some "prior art" (meaning a similar device/idea that they created before Hillcrest created theirs or even a similar thing created by another company before) the Hillcrest patent should be declared void, even If Nintendo did not have a patent at the time.
Or does this only work that way here in Europe?
Also, what's with the vague language in US patents? It's amazing that people can get patents with some of the descriptions I have seen over the years. Some of those claims could cover ANYTHING.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Yes we do have prior art laws that can invalidate a patent if the prior art exists.
As for the vague patents, I believe that is not confined to the US. The way patents applications work, is that the person submits an application with the broadest terms and description possible and everytime it is rejected, they tighen up the language just a little bit until the patent is accepted. That way, the owner of the patent can sue anyone with a similar type of product and actually have a case.
E. Zachary Knight
http://www.editorialgames.com
Oklahoma City Chapter of the ECA
MySpace Page: http://www.myspace.com/okceca
Facebook Page: http://www.facebook.com/profile.php?id=1325674091
E. Zachary Knight
Divine Knight Gaming
Random Tower: Game News and Commentary
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Thanks for the info.
Its too bad that patents were originally designed to give inventors a window of opportunity to profit from their idea's but are now used as a kind of blunt instrument to extort money from people with similar, but not quite, identical idea's.
Especially bad are the trolls who just sit on their extremely broad patents for years and only attack after a company has become successful.
There should really be some kind of limit to that to prevent misuse like this (sue within a year from the point at which your patent was violated or something).
At least these people have a product, even if it seems to be to badly realized and clunky to make much money on it's own.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
This is why it's my opinion that the Patent system does more to stifle creativity nowadays than promote it.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
How many more times is Nintendo going to be sued before someone puts a stop to this. Its getting anoying already. What, if one company invents a 3d pointer that automaticly means no one else has the right to make their own? What about inovation or progress? You can't patent or copyright a sent or perfume. Whoever came up with that idea should have came up with something for similar technology. video games, movies, cartoon caracters, and a few other things I can understand to a point, but 3d controllers, thats like someone trying to patent the wheel. If Nintendo didn't market the 3d controller some one else would have, only no one would have cared and no one would be making any real money off of it. If people are just going to sue each other over trivial matters then maybe the 3d controller should be taken out of patent and be put in public domain that way the only thing that any one has to worry about is real competition.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Hillcrest better have a really really really good case, because if they don't Nintendo can use all the money they are currently printing to keep appealing until Hillcrest has no funds left to fight with. But more likely, Nintendo will just pay them to shut up.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Very telling that these all came so late.
Agressive patent troll
This is a little unusual for a patent troll. It reminds me of the Trend Micro-Barracuda Networks spat...
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Haven't like 4 different companies sued Nintendo over the Wii Remote motion sensing technology? They can't all have a patent on the same technology.
Granted, "The Loop" is an actual retail product which gives this one a bit more juice, but most of these lawsuits just seem like someone trying to cash in on someone elses success by abusing an out-dated patent system who's controlling body is ill equipped to handle disputes about modern technology.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Did Hillcrest also invent the Power Glove?
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Why would they want to take credit for it even if they did?
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
That's my point ... Doesn't the Wiimote seem like a technological successor of the Power Glove? It is not like Nintendo came out of the blue and announced they were going to use motion sensor remotes - they've done it before - so it seems like a shot in the dark for these people to accuse Nintendo of doing that they've already done before!
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
The Power Glove was created by Mattel.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Its also quite simular to how the Super Scope worked for the SNES if I remember correctly. The Zapper would use the scanlines (which would make a zapper not work on flatscreen tvs now days) while the superscope worked with IR. When ever you started a game, you started out with a little screen at the start where you would aim and fire at specific spots to calibrate.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
One of the reasons I'm not concerned. It's just like that douchebag who's suing David Jaffe.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Why would someone want to attack a bee hive with a blowtorch while a plastic bag is covering their head?
(It's happened, believe it or not. Check one of the Darwin Award books.)
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Those books tend to be half fictional and half made up.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
I remember that particular one having made the news in the country it happened in. Brazil, maybe?
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
If it goes through, Nintendo will pay Hillcrest and just keep selling Wiis. There's no way the Wii will be taken off US shelves.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Thats exactly what they want actually. If they reported it earlier, the Wii would of been taken off the shelf and the games wouldnt be sold in the US. How ever they've waited till Nintendo got to a point to where they couldnt just stop selling them, leaving Nintendo two options, either A pay them, or B somehow win against their claim.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Well that's just being an asshole about it.
Re: U.S. Firm Reports Nintendo to Feds in Wiimote Patent Dispute
Indeed. But I don't expect it to get them anywhere. Nintendo has survived worse.