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Nintendo loses Wii remote lawsuit against iLife; must pay $10M

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Deleted member 231381

Unconfirmed Member
Patents are supposed to grant temporary monopolies over the production of a good so that innovators can make profit. In general, whether a patent has been infringed or not can be boiled to: 'Is the good made by the company accused of fringing a realistic substitute for the patented good'. The answer to this is really obviously 'no'. Anyone buying one of iLife's products to, for example, alert healthcare services when you've had a fall in the house is obviously not going to switch from iLife's product to a Wii remote. iLife is not losing any money whatsoever from the existence of the Wii remote, and this will be overturned when it gets to a superior court.

The only reason this succeeded is because it took place in Texas, in a legal environment which is specifically designed to encourage the surprisingly profitable industry that is patent-trolling. It doesn't often affect large companies, since they can afford to appeal and carry on the process, so for Nintendo this is merely an annoyance, but for smaller companies, this can be fatal. It's a real bloc to genuine innovation and the Texan political system ought to be ashamed of itself.
 

Buggy Loop

Member
The Texas Patent Court is famously friendly to whatever idiot wants to sue for anything. It's patent troll central.

They fairly regularly get told to cut that shit out by even conservative superior courts.

This.

I suggest anyone interested in patent trolls to watch X plane's ridiculous patent lawsuit and the investigation the creator did to understand who that company was.

https://m.youtube.com/watch?v=sG9UMMq2dz4

If i recall correctly, the members behind the ghost patent firm were family related to the judge.
 
People on here just automatically side with the big loved gaming company when they steal things.

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Aostia

El Capitan Todd
People on here just automatically side with the big loved gaming company when they steal things.

while many posters automatically side againts their hated gaming company without eevn reading the OP, probably?

Side by these patent troll would be very negative for many many many costumers, you know?
 
Hopefully this will mean that instead of giving us a new Mario Party they will remaster the first one which will actually be better than every MP released recently.

The first Mario party is never seeing the light of day ever again in any form.

Otherwise Nintendo have an actual lawsuit on them.
 
This is the patent in question: https://www.google.com/patents/US6864796

It's rather vague - it involves a sensor (which is defined as basically any kind of sensor, not just accelerometers) inside a communication device (which is defined as any kind of computing device). If the sensor detects motion that goes beyond a specific threshold, it triggers an alarm.

The thing is, ideas cannot be patented, only very specific implementations of an idea. This just seems way too vague, this really is just patenting the idea.

Thanks for this. Patent analysis time!

First off these claims do indeed look far too vague. The only possible reason I think it might be allowed is the idea about the "generating tolerance indicia" which actually probably doesn't apply to the Wiimote- the Wiimote will generate analog signals and transmit those signals to the console, at which point the console itself will decide what to do with it, sometimes meaning comparing it to predetermined tolerances. The claim very specifically states that the system itself will generate the tolerance indicia and then transmit it, when the Wiimote only transmits the analog sensor data, not tolerance indicia.

So there's certainly a chance this patent gets invalidated but I think on appeal this ruling likely gets overturned for that reason alone. Especially if the reason this was allowed is due to the tolerance inidicia generation like I suspect it is.


EDIT: Actually I suppose a case could be made that the "system" being claimed comprises both the Wiimote and the Wii console, in which case the console is processing the sensor data transmitted by the Wiimote to determine the tolerance data. However I think that interpretation is a bit of a stretch, especially in light of the actual disclosure of the patent which has this system consisting of a single device.
 
Why's that? You have me curious.

They had legal action once already regarding Mario party 1. People hurt themselves playing minigames where you had to the spin the stick. Some pretty badly including cuts and friction burns. They ended up having to agree to sending somewhere up to 4 sets of gloves to any of the ~1.2m owners of the game who requested it (number from the Wikipedia article) to prevent more injuries.
 
Even if Nintendo didn't appeal I don't think $10 Million would phase them much these days. Although they'll wanna handle it because if they don't it would open the door for more would be lawsuits for patent infringement for future concepts.

Everyone and their dog sues for patent infringement from this to shapes of phones, everyone wants big money and lawsuits seem like a sure way.
 

Hilarion

Member
Because the wiimote can't sense if you've fallen down

literally doesn't infringe the patent

which is invalid anyways

and this is a patent troll

If the Wiimote could detect you falling down, that would've been everyone's least favorite control by far. Tennis or Baseball involving you falling down to reach a ball or the base.
 
Update: Its been overturned
As expected. Just took almost 3 years...
 
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