Judge bans sale of wii classic controllers and gamecube systems

[sao123]

Slashdot

[/quote]
Nintendo Loses Controller Patent Lawsuit
Posted by kdawson on Tuesday July 22, @10:59PM
from the break-out-the-brain-computer-interface dept.
kryogen1x alerts us to coverage at 1up indicating that Nintendo controller may soon become scarce ? Nintendo lost in court to Anascape over analog sticks in their Wii and GameCube controllers.This isn't the first time the big manufacturers have been targeted in lawsuits involving features in their controllers. From the article:
"The lawsuit concerns the analog sticks in the Classic Controller and GameCube controllers, which Texas-based Anascape Ltd. claims to hold a patent on that Nintendo violated. The court has ruled in favor of Anascape, and US District Judge Ron Clark has rejected Nintendo's request for a new trial. As a result, Clark said he will put a ban on the sale of the controllers (which includes sales of GameCube systems) starting tomorrow, July 23, unless Nintendo posts a bond or puts royalties into an escrow account."
[/quote]


I just want to know one thing... why do people let this shit go on?

If they wanted to sue... it should have happened the moment the N64 and Ps1 came out...
They had the SAME analog feature as this guy is suing for today.

our patent system is totall broken.

 

[mugs]

I love it when articles say that a patent was violated but don't explain how the patent was violated. What about the analog sticks violated the patent?

 

[imported_Lothar]

Ridiculous.

 

[BassBomb]

Wow lol

 

[mugs]

Link from farther down in Slashdot thread that lists patents:
http://arstechnica.com/news.ars/post/20060804-7425.html

And an interesting comment from that Slashdot thread:

More details of the patents in question can be fond at this Ars Technica article [arstechnica.com] from couple of years ago.
Note that at least one of the patents in question was sent back to USPTO for reexamination, and likely to be overturned (once the various lawyers have exhausted their revenue stream on making comments either way).

The #1 indication that this is a patent troll is seen by it being filed in the Eastern Texas District -- Anascape appears to be nothing but a straw company for allowing Brad Armstrong and his lawyers to file in Eastern Texas, which has by far the highest rate of finding for the accuser in patent lawsuits. To the point that it's become a rubberstamping farce, and I can't see how higher courts let this go on as it does -- judges like Mr. Clark [justia.com] would, in any more civilized society be disbarred (I almost wrote defrocked, which wouldn't be far from the truth in Texas), and put in a pillory for good measure.

 

[nakedfrog]

Hm, all these patents, and no products?

Patent # Title
5,999,084 "Variable-conductance sensor"
6,102,802 "Game controller with analog pressure sensor(s)"
6,135,886 "Variable-conductance sensor with elastomeric dome-cap"
6,208,271 "Remote controller with analog button(s)"
6,344,791 "Variable sensor with tactile feedback"
6,347,997 "Analog controls housed with electronic displays"
6,351,205 "Variable-conductance sensor"
6,400,303 "Remote controller with analog pressure sensor(s)"
6,563,415 "Analog sensor(s) with snap-through tactile feedback"
6,906,700 "3D controller with vibration"
6,343,991 "Game control with analog pressure sensor"
6,222,525 "Image controllers with sheet connected sensors"
6,344,791 "Variable sensor with tactile feedback"
6,351,205 "Variable-conductance sensor"
6,563,415 "Analog sensor(s) with snap-through tactile feedback"
6,906,700 "3D controller with vibration"

This would appear to be blatant abuse of the patent system and should result in punitive fines.

 

[sactoking]

Nintendo will post a court bond. It will be easy for them to get. Sales of the GC and Wii, as well as any components, will not cease. The appeals bond guarantees to the court that Nintendo can pay royalties if their appeal loses.

 

[CasioTech]

yeah as if they'll ban sales of wii/gamecube systems :roll:


but someone is going to get paid bigtime.

 

[sao123]

Originally posted by: CasioTech
yeah as if they'll ban sales of wii/gamecube systems :roll:


but someone is going to get paid bigtime.

yeah... the winning lawfirm!!

:laugh:

 

[BD2003]

http://www.nintendowiifanboy.c...ed-from-store-shelves/

[q[]Thankfully for Nintendo, the Wiimote and Nunchuk controllers both have been recognized as not violating Anascape's patent. So, sales of each of these peripherals should not be affected by all of this.[/quote]

The wii controllers are not affected, only the classic controller and gc/wavebird. I dont even know why anyone with half a brain would think this would affect the sale of wiimotes, which dont even have analog sticks.

 

[aphex]

If they wanted to sue... it should have happened the moment the N64 and Ps1 came out...
They had the SAME analog feature as this guy is suing for today.

The deeper the pockets, the more the plaintiff can go after. From a plaintiff's perspective, it makes sense to wait.

 

[Slew Foot]

Doent the xbox 360 and ps3 have analog sticks as well?

 

[Inspector Jihad]

didnt something similar happen with the ps2/3 controllers

 

[Thraxen]

Originally posted by: aphex

If they wanted to sue... it should have happened the moment the N64 and Ps1 came out...
They had the SAME analog feature as this guy is suing for today.

The deeper the pockets, the more the plaintiff can go after. From a plaintiff's perspective, it makes sense to wait.

This, IMO, is exactly why cases like this should be thrown out. You should have to actively use and defend your patents the same way you have to use and defend your trademarks. You shouldn't be able to lie in weeds for years waiting for a big fish to come along before suing.

 

[benzylic]

Originally posted by: Slew Foot
Doent the xbox 360 and ps3 have analog sticks as well?

Thats what I was thinking.

along with original xbox, ps2, ps1, n64, and pretty much any game console......ever

 

[Schadenfroh]

Originally posted by: Inspector Jihad
didnt something similar happen with the ps2/3 controllers

I vaguely remember something about that... a possible reason for the removal of rumble from the sixaxis, iirc.

 

[Injury]

Originally posted by: Slew Foot
Doent the xbox 360 and ps3 have analog sticks as well?

They might have just paid to use the patent from the get-go.

 

[BD2003]

Originally posted by: Schadenfroh

Originally posted by: Inspector Jihad
didnt something similar happen with the ps2/3 controllers

I vaguely remember something about that... a possible reason for the removal of rumble from the sixaxis, iirc.

Yeah, a company called immersion sued them, although its slightly more valid as they did actually use the tech, rather than just being a patent bank.

 

[sao123]

Originally posted by: BD2003
http://www.nintendowiifanboy.c...ed-from-store-shelves/

[q[]Thankfully for Nintendo, the Wiimote and Nunchuk controllers both have been recognized as not violating Anascape's patent. So, sales of each of these peripherals should not be affected by all of this.

The wii controllers are not affected, only the classic controller and gc/wavebird. I dont even know why anyone with half a brain would think this would affect the sale of wiimotes, which dont even have analog sticks.

[/quote]

you're the first person in the thread to mention wiimotes.
where did you get that idea from?

 

[Oyeve]

This is why Atari is still around. They patented every single thing they ever made from the first pong system in the mid 70s and the 2600 in the late 70s. They pretty much get paid from every console maker in the world.

 

[BD2003]

Originally posted by: sao123
you're the first person in the thread to mention wiimotes.
where did you get that idea from?

The OP wasnt very clear before it was edited this morning, and with there being posts (here and at SD) about people worried that theyd stop selling the system unless nintendo posted some sort of bond, I thought I'd point out that that isnt whats going on here.

Regardless of how ridiculous it is, what I dont understand is why the nunchuk and therefore the whole system ISNT affected - it uses the *exact* same analog sticks as the classic controller.

 

[sao123]

Originally posted by: BD2003

Originally posted by: sao123
you're the first person in the thread to mention wiimotes.
where did you get that idea from?

The OP wasnt very clear before it was edited this morning, and with there being posts (here and at SD) about people worried that theyd stop selling the system unless nintendo posted some sort of bond, I thought I'd point out that that isnt whats going on here.

Regardless of how ridiculous it is, what I dont understand is why the nunchuk and therefore the whole system ISNT affected - it uses the *exact* same analog sticks as the classic controller.

The only thing i edited is the title.

The gamecube system is affected. The classic controller is affected.
The OP never mentioned the nunchuk, wiimote, or wii system.

 

[Eeezee]

Can you still buy wavebirds? Weren't those 3rd party?

 

[RandomFool]

wavebird were first party but there were a slew of third party versions too. The wavebirds haven't been sold for a few months now.

 

[Matilda]

wavebirds were the greatest. thank god i already have all these controllers already