Support NeoGAF

[IceDoesntHelp]

Nintendo is being sued again

Ever heard of the Wavit remote? It’s totally okay if you haven’t; that’s not what this story is about. The Wavit Remote’s makers on the other hand… Well, they’ve decided to up and sue Nintendo over the Wii. Not only that, but they’ve included other retailers and manufacturers — including WalMart — in the complaint as well. And they’ve chosen the setting most likely to yield a win: the U.S. District Court of the Eastern District of Texas.

Now, that’s not to say that Wavit makers ThinkOptical will get a win, but this particular court circuit tends to favor the patent holder over all else.

The patent in question, U.S. Patent Number 7,796,116, is titled “Electronic equipment for handheld vision based absolute pointing system.” ThinkOptic’s primary argument in the case is that Nintendo had previous knowledge that the Wii would infringe based on the Trademark Office’s rejection of certain claims in Nintendo-filed patents, reports Law360.

“The rejection of [...] applications — assigned to Nintendo Co. Ltd. — based on the ’116 patent is proof that the Nintendo defendants knew or should have known of the objective risk that one or more of their products infringed at least one claim of at least the ’116 Patent,” said ThinkOptic in its complaint.

ThinkOptic included two other patents in the case, as well — one called “Handheld Device for Handheld Vision Based Absolute Pointing System” (7,852,317) and the other titled “Handheld Vision Based Absolute Pointing System” (7,864,159). These two, coupled with the ’116 patent make up the basis for the Wavit Remote.

According to ThinkOptic, just about every part of the Wii infringes these patents in some capacity. That includes the gaming system as a whole, Wii controllers, the sensor bars, and even the games. ThinkOptic also gave Nintendo, and the court, a heads-up on the Wii U: apparently that, too, infringes on ThinkOptic’s patents.

Other big names listed as respondents in the suit include Imation, Nyko Technologies, GameStop, RadioShack, and JC Penney. ThinkOptic is asking for an injunction against violating products, as well as royalties, attorney’s fees, and damages for lost profits. As of now, all we know moving forward is that a jury trial has been requested.

 

[Nirolak]

Split bump.

 

[JWong]

JC Penney going third party.

 

[El Sloth]

Split bump.

Thanks for making me look like a crazy person, Nirolak.

 

[BurntPork]

Well, ThinkOptic just became an hero.

 

[superpickleman]

JC Penny doesn't surprise me.

 

[fernoca]

Hahaha. JC Penney, Wal-Mart, Imation..heck even the Wii U. XD

 

[Dead Prince]

Nintendo can't catch a break.

 

[Salih]

Nintendo sure can't catch a break.

edit: damn too late.

 

[Alrus]

JC Penney? What?

Also when was the last time Nintendo lost a patent lawsuit? I'm curious.

 

[Erekiddo]

The Wii has been out since.. 2006? It's taken them 5 years? Delayed lawsuits always make me laugh.

 

[ShockingAlberto]

And they’ve chosen the setting most likely to yield a win: the U.S. District Court of the Eastern District of Texas.

I was actually just listening to a This American Life about this place and patent trolls.

 

[BurntPork]

Nintendo can't catch a break.

Yeah. Now they have to waste a few million to kill this pathetic patent troll.

Serious, where were these guys five years ago? This is hilarious.

 

[The Lamonster]

Pretty late in the game...

Although at this point Nintendo is going to say, "you can have it"

 

[quickwhips]

if they win this case against Nintendo does that mean Sony could be in trouble with move?

 

[The Faceless Master]

http://www.youtube.com/watch?v=QUD5mNqFf1E

well, at least it's a company that makes an actual product this time...

fuck the patents system.

 

[TheNatural]

I wonder what the life of a legal department is at a major corporation. Any Joe Schmo dealing out retarded lawsuits over stupid ass patents.

 

[LQX]

WalMart...not smart.

 

[Glix]

I guess they are patent "trolls"

but...

If Nintendo actually didn't get patents approved because of the patents these people hold, they might actually have a case, no?

 

[BGBW]

What the hell is handheld vision?

 

[Htown]

Came in expecting East Texas.

Freakin knew it.

 

[Alrus]

http://www.youtube.com/watch?v=QUD5mNqFf1E

well, at least it's a company that makes an actual product this time...

fuck the patents system.

Oh god this video is hilarious. How can a company like this be taken seriously by a court?

"Now to pluck the carcas"? Really?

 

[Emitan]

I love how they waited the Wii being on decline before suing. Totally not trolling.

 

[Scrow]

patent system is a complete joke. scrap it already and come up with something better.

 

[BurntPork]

I love how they waited the Wii being on decline before suing. Totally not trolling.

I love how a company that isn't even well-known enough to have a Wikipedia page is trying to sue several extremely powerful multi-billion dollar companies.