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Nintendo Getting Sued By Secure Axcess For Alleged Patent Infringement

HUELEN10

Member
Saw on NWR.

http://setexasrecord.com/news/29526...ses-filed-in-the-eastern-district-of-texas-80

http://www.nintendoworldreport.com/news/37178/secure-axcess-sues-nintendo-for-patent-infringement

Here is an excerpt.

Secure Axcess LLC v Nintendo of America Inc. et al Case No. 2:14-cv-00284



Plaintiff Secure Axcess is a Texas limited liability company with an office located in Plano.

The defendants in the suit are Nintendo of America Inc., Nintendo Co. Ltd., Micro Electronics Inc., Hastings Entertainment Inc., Game Stop Corp., Wal-Mart Stores Inc., Wal-Mart Stores Texas LLC, Best Buy Stores LP, Bestbuy.com LLC, K Mart Corp., Target Corp., Toys “R” Us-Delaware Inc. and Amazon.com Inc.

The defendants are accused of infringing on U.S. Patent No. 6,522,309 issued Feb. 18, 2003, for a Multiscreen Personal Computer Display Method and Apparatus. The alleged infringement occurs by the defendants selling Nintendo’s Wii U Console System without license or authorization.

The plaintiff is seeking compensatory damages, costs, interest and other relief. A jury trial is demanded.

The plaintiff is represented by James E. Davis of Ferguson Braswell & Fraser PC in Plano, Kelly Kubasta of Klemchuck Kubasta LLP in Dallas and Carl R. Roth of the Roth Law Firm in Marshall.

The case has been assigned to Judge Rodney Gilstrap.

As you can see, the patent in question is from 2003. If anyone knows more about patent law, please explain the relevance of dates in these cases. Apparently, this is not the first time this has happened when it comes to Nintendo and this company; they have also pushed legal claims on devices such as the DS and 3DS family. Grill me a Texas-sized 72 ounce steak with an Ultrahand if old.
 

malfcn

Member
So some retailers it's okay? Or just too many to list.
And why wasn't this included in the previous DS cases?
 
"a computer providing multiple display capability where one display presents the current document and another display may show a true display of a previously opened document."
"True display of a previously opened document"? That's... interesting wording. Thanks, awful patent system with endless ambiguity!

So why isn't Sony, App.e and others getting sued by this?
Sony's Vita-as-second-screen hasn't really come to fruition yet, and even then I don't think it fits the same patent since it's a separate piece of hardware with the other "document" on it. Same with anything that would work across multiple Apple devices at once.

Edit: I'm at least assuming this claim is based on the concept of the Wii U + Tablet controller being one "computer". I thought the tablet did at least some of its own work, or is it truly and exclusively a video streamer of stuff being processed on the console? So long as it performed any of its own processing functions on board one would think that's another "computer".
 
Their website makes them out to be patent trolls.

The patent in question.

While the scope of the patent is ridiculously broad the things claimed by the patent are clearly aimed towards personal computers and describes things the Wii U can't do. Pretty sure Nintendo has this one in the bag.
 

HUELEN10

Member
Their website makes them out to be patent trolls.

The patent in question.

While the scope of the patent is ridiculously broad the things claimed by the patent are clearly aimed towards personal computers and describes things the Wii U can't do. Pretty sure Nintendo has this one in the bag.
Aye. It's obvious their thing is way too abstract to not be considered patent troll material, but I've also seen some crazy verdicts. I still can't find outcomes on prior cases with these guys though.
 
Aye. It's obvious their thing is way too abstract to not be considered patent troll material, but I've also seen some crazy verdicts. I still can't find outcomes on prior cases with these guys though.

Well, the claims mentioning interfacting with the screens via COM or USB port kind of don't apply to the Wii U. Or the use of a manual keyboard. Or the method of determining what gets shown on the second screen. Or pretty much everything claimed by the patent. It's not about the abstract parts of the patent being too abstract, it's about the specific claims being too specific, ironically.
 

Reverend

Neo Member
The patent trolls never intend this to go to trial. They're waiting for Nintendo/Sony/etc to do the cost-benefit analysis on protracted litigation versus the (most likely) previously made 'unlimited licensing agreement' offered by the patent holder and then pay the money. Texas courts are notoriously friendly to patent lawsuits, and it's cheap and easy to set up an LLC there. From Secure Axcess' website (which looks like it was designed on Squarespace, btw), under 'value proposition':

Strategic Patent Acquisition: Identification, qualification and acquisition of offensive, defensive or strategic technology patents.

Patent Portfolio Management: Analysis of issued and pending patents, development of patent prosecution strategies and new patent authorship or acquisition strategies.

So they flat out admit that they're patent trolls. Lovely.
 

Tempy

don't ask me for codes
The patent trolls never intend this to go to trial. They're waiting for Nintendo/Sony/etc to do the cost-benefit analysis on protracted litigation versus the (most likely) previously made 'unlimited licensing agreement' offered by the patent holder and then pay the money. Texas courts are notoriously friendly to patent lawsuits, and it's cheap and easy to set up an LLC there. From Secure Axcess' website (which looks like it was designed on Squarespace, btw), under 'value proposition':

Strategic Patent Acquisition: Identification, qualification and acquisition of offensive, defensive or strategic technology patents.

Patent Portfolio Management: Analysis of issued and pending patents, development of patent prosecution strategies and new patent authorship or acquisition strategies.

So they flat out admit that they're patent trolls. Lovely.

This. Patent trolling is a winning strategy and is not going away anytime soon.
 

Reverend

Neo Member
I thought patent trolls only went after successful products. /jokes I got nothing.

Sounds dubious, wouldn't the ds/3ds already infringe?

This isn't about proper punishment of patent infringement, Infringement is the tool used to extort money. Odds are, first contact between the patent holder and the company in question was made six months to a year ago- a notice that a product being offered by party A infringes patents held by party B. The document will contain a notice to cease and desist, as well as an offer for an 'unlimited license agreement' for a lump sum of cash.

Another lawsuit currently on the books is Personal Audio v Adam Carolla, because Personal Audio owns the patent for Serial Distribution of Episodic Content and Music Playlists. Personal Audio is based in Beaumont, Texas, by the way.
 
Another lawsuit currently on the books is Personal Audio v Adam Carolla, because Personal Audio owns the patent for Serial Distribution of Episodic Content and Music Playlists. Personal Audio is based in Beaumont, Texas, by the way.

:lol
But what I mean is why is 3ds/ds not listed in this case.
 

Reverend

Neo Member
That patent is written in complete gobbledygook, how does such crap get passed when the language is so poor? Or does the patent office just pass these things as long as they get paid?

Patent application and approval is a mare's nest of bureaucracy, loopholes and shenanigans. There's SUPPOSED to be systems in place to prevent patents as general as this (I mean, the patent is not restricted to operating system, for heaven's sake), but over the years it's become a complete mess. Unfortunately there's not a real easy solution to fix it, either.
 
I really don't see how the american legal system tolerates this, its such a generic patent, its like they've attempted to patent the very idea of a second screen set up in the most broad terms! can i patent broadly the idea of a computer and sue bill gates? it sounds like in texas i could have
 

MilkybKid

Neo Member
If this is a valid patent, then I'm currently using an infringing product from a base reading of the claims.

I'm on a windows PC with 2 screens attached.

However this tech has been around for a while and i think before the year 2000 :p

Patent application and approval is a mare's nest of bureaucracy, loopholes and shenanigans. There's SUPPOSED to be systems in place to prevent patents as general as this (I mean, the patent is not restricted to operating system, for heaven's sake), but over the years it's become a complete mess. Unfortunately there's not a real easy solution to fix it, either.

The US patent office is broken, due to its setup and who is in control of it (I believe the patent office isn't independent its under the department of justice remit) they tend to rubber stamp to a degree and let the courts decide. Even people in the industry see the US system as a bit broken

[EDIT]

I'm reading through the claims (the bit that matters, the abstract etc are written to confuse, the claims are the important bit), at no point does this patent mention broadcasting the signal wirelessly, this fact is a novel idea, therefore would be a new technology , therefore the patent has no claim because the tech is different. It should be shot down quickly except for the whole US protects their own thing. It also seems to be about duplicating the video, the pad of the WiiU is independent, it has its own video stream, the closest thing to WiiU tech I can see that they will get them on is duplicating the image for the games that do that, but that is copying memory and should not be patentable.

It even mentions at one point

"The multiple monitor video display method of claim 1 comprising steps of:interfacing the user with the computer program; modifying content of the first processed video data signal and the real time display through computer data entries submitted by the user; maintaining the first predecessory video signal unchanged; and, presenting the unchanged first predecessory video signal on the secondary monitor as the predecessory display; whereby the first monitor may be referred to by the user for a primary viewing of the realtime display and the second monitor may be referred to by the user for a secondary viewing of the predecessory display."

... which is basically setting your computer to mirror mode, which MS has had for a long time (windows 2000 i believe)

This is ignoring that all of the drawings associated with the patent show a box BETWEEN the computer and the screens, as in an extra thing, which again Nintendo don't have, the box is the computer.

Oh and this patent has been subject to 2 surcharges for late payment, and the patent was seemingly transferred to this company midway through 2012.

These guys have no leg to stand on IMO but I AM NOT a patent searcher OR a patent lawyer or anything like that so this info is my own opinion (I do have access to some patent searching tools hence I can dig out some extra information but I'm not licensed or trained in reading/writing patents or anything like that)
 
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