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Philips asking for damages, ban on sale of Wii U due to patent infringements

M

MilkybKid

Neo Member
Did a bit more digging (I have access to some patent analysis tools via work) , it looks like it is part of a big patent family, which was first filed in 2003 BUT the 2003 filing is much more specific and talks about cameras only :

http://worldwide.espacenet.com/publicationDetails/claims?CC=WO&NR=2004047011A2&KC=A2&FT=D&ND=&date=20040603&DB=&locale=en_EP

In theory this could screw Philips as not using a camera that detects visible light is a natural progression on this, and Phillips didn't patent it until later when it was used by others.No mention of ir or anything like that, so IR stuff must have been added to the later patents or maybe only for certain areas like the EU. A patent from this family was rejected at point in china (of all places) but there are a few that made it through. They let it lapse through none payment in some areas of the EU as well.

Again looks like one of the patents in the family was refused in the Euro region, a second one was granted

Refused :

http://worldwide.espacenet.com/publ...90107&DB=worldwide.espacenet.com&locale=en_EP

Granted :

http://worldwide.espacenet.com/publ...90826&DB=worldwide.espacenet.com&locale=en_EP

Note the new representative in Germany being a law firm

Oddly it wasn't until they mention electromagnetic radiation that it was granted, the original patent just mentioned a camera and it was refused.

It was refused until 2012 in japan, took a bunch of changes to get through there.

This is a patent they have tried very hard to get out and screwed it up multiple times from the look of this. From my brief look ONLY the us one is so broad and wideranging, others much more specific. The more specific ones would in theory cover the wiiU but they were applied for later.

Sorry I can't say how it looks like a version of it was refused in china/japan, can't really link to the systems I used to find that for hopefully obvious reasons :p But there should be open sources available via places like inpadoc and the espacenet site I linked. I can see everyone going "hur hur Nintendo" on this one, but like i said before, if Nintendo go down here, so will MS and Sony as they will be targeted next with a "well look we won/Nintendo signed, so you have to as well"
 
I

iidesuyo

Member
Xav said:
I legit had no idea Philips still existed beyond the beard shaver market.



Kta6sVo.gif
Click to expand...


Don't know about other countries, but here in Germany chances are high that you'll encounter Phillips hardware once you go to a hospital or dentist. And that stuff is expensive as hell.
 
S

Suikoguy

I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
Nilaul said:
But wii was released in 2006?
Click to expand...

The patent system is now First To File as opposed to first to invent.

Not sure if that applies here, but just throwing that tidbit out there.
 
E

EBreda

Member
Still laughing about that drawing.
Really, wtf? My 5 year old daughter could've made something similar, only colorful instead.

The woman/melting monster is icing on the cake. And that door... Amazing.
 
M

MilkybKid

Neo Member
Suikoguy said:
The patent system is now First To File as opposed to first to invent.

Not sure if that applies here, but just throwing that tidbit out there.
Click to expand...

But if someone invented it first, its prior art as per the international patent treaty. I know the US likes to "rewrite" international laws (software patents) but this one is hard to avoid, even if the patent examiners do that the best they can :p
 
S

Suikoguy

I whinny my fervor lowly, for his length is not as great as those of the Hylian war stallions
MilkybKid said:
But if someone invented it first, its prior art as per the international patent treaty. I know the US likes to "rewrite" international laws (software patents) but this one is hard to avoid, even if the patent examiners do that the best they can :p
Click to expand...

Not quite:
http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent

Canada, the Philippines, and the United States had been among the only countries to use first-to-invent systems, but each switched to first-to-file in 1989, 1998, and 2013 respectively.
Click to expand...
 
P

PetrCobra

Member
One day one of these patent lawsuits will actually succeed in banning the sale of something.

I wonder if I should buy a second Wii U, just in case.

Suikoguy said:
The patent system is now First To File as opposed to first to invent.

Not sure if that applies here, but just throwing that tidbit out there.
Click to expand...

I doubt Nintendo would make a device using an unpatented technology.
 
I

I Stalk Alone

Member
phillips will end up losing. this will also look bad publicly as it makes them look like patent trolls. nintendo will probably end up with those patents. their ninjas are probably onto it now. those phillips execs better watch out as they might get "gunpei'ed"
 
M

MilkybKid

Neo Member
Suikoguy said:
Not quite:
http://en.wikipedia.org/wiki/First_to_file_and_first_to_invent
Click to expand...

Prior art is still counted as any information given out to the public in any form , as long as its been published. Anything that classed as trade secret is not counted so maybe that will screw with things probably to stop the "we were using it first just didn't tell you" thing so they might get Nintendo on that as i doubt any tech would have been public at all until release.

And i don't know if release to public counts as "publishing" due to anti reverse engineering laws in some places.
 
A

AcademicSaucer

Member
Chacranajxy said:
I just read the part in that Console Wars book where Nintendo announced they were going to work with Philips on a CD-ROM accessory for the SNES, backstabbing Sony in the process.

Somehow, I find this hilarious now.
Click to expand...

does the book tell you about how nintendo was going to lose total control over their ips with the sony deal ?
 
1

10k

Banned
Ray Wonder said:
If I owned a Wii U, this thread would have me salty.
Click to expand...

I own a Wii U and I can't help but laugh at Phillips and some of the jokes.

This would be the perfect opportunity for nintendo to stop selling the Wii U without pissing off the fans haha.
 
S

Sandfox

Member
pvpness said:
Honestly, they (Philips) better hope so at the end of the day. Nintendo's lawyers, especially their patent experts, know their shit. Over the last 40 years we've watched nintendo school companies from Hollywood to Healthcare. Like some real legal workshop shit. They've been awarded entire companies in these battles and are absolutely infamous for their exacting understanding of patents, the laws, and protecting their assets.

If I had to choose who I passed in a dark alley between Nintendo's fabled ninjas and their legal team... I'd choose the ninjas. At least the ninjas are quick about it.
Click to expand...

Nintendo to take over Philips confirmed.
 
E

Eusis

Member
MilkybKid said:
I can see everyone going "hur hur Nintendo" on this one, but like i said before, if Nintendo go down here, so will MS and Sony as they will be targeted next with a "well look we won/Nintendo signed, so you have to as well"
Click to expand...
Makes it sound like they probably should've targeted MS first, they seem more agreeable to just get people to shut up over this stuff. Nintendo comes off as far more eager to put up a tough fight unless it's bad for PR (like when you had a guy die from seizures induced by playing a lot of N64) and actually come out ahead a good chunk of the time.
 
M

mishakoz

Member
Seth Meyers Voice: phillips is suing Nintendo for patent infringement and asking for a ban on the sales of the Wii U. The judge responded "what sales"

Thank you I'll be here all week.
 
J

jnWake

Member
This is ridiculous haha. At least I got a new avatar off this (label 112: guy in the ... tv? ). I just can't believe someone submitted this haha.
 
L

Lernaean

Banned
That's great news. Nintendo actually could use the money they'll get from winning this lawsuit.
It's funny how some dead company makes a remote control and thinks they invented teleportation machines, sigh.
 
V

Vermillion

Banned
Duster said:
Is anybody else reminded of that Fresh Prince episode where Will wants half of Ashley's record sales?

Anyway patent law really needs to be changed to stop vague cases like this.
Click to expand...

No, but I am now lol

"What's 15% of zero?"

"Uh, let's see..."

"Zero, math whiz."
 
P

Polk

Member
iidesuyo said:
Don't know about other countries, but here in Germany chances are high that you'll encounter Phillips hardware once you go to a hospital or dentist. And that stuff is expensive as hell.
Click to expand...

They have massive light bulbs industry as well.
 
Joei

Joei

Member
SgtCobra said:
Jeez didn't know Philips was so dead outside of mainland Europe (if reading this topic is any indication)
Click to expand...

They're not. But the repliers in this thread don't know how to read any posts other than the OP. They still make plenty of equipment, particularly in healthcare. If you read this, don't worry, two more posts down someone will chime in, "dur dur dur, they still exist??"

http://www.usa.philips.com/healthcare
 
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