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[LordOfChaos]

https://www.engadget.com/2018/05/01/nintendo-switch-wikipad-gamevice-import-investigation-patent/

Nintendo is under investigation by the US International Trade Commission, and the fate of the Switch hangs in the balance. Gamevice, the company behind the Wikipad and a line of snap-on controllers for mobile devices, says the Nintendo Switch violates its patents on attachable handheld gamepads and their related accessories. Alleging violations of the Tariff Act of 1930, Gamevice is requesting a cease and desist order against Nintendo, a move that would halt imports of the Switch into the US.
The USITC notes that while its investigation has begun, it hasn't ruled on the validity of the complaint. The commission will hold an evidentiary hearing to determine whether Nintendo is in violation of the Tariff Act, with a final decision "at the earliest practicable time." The USITC will announce a target date for the end of the investigation within 45 days.
"The products at issue in the investigation are controller systems with parts that attach to two sides of an electronic device, such as a smartphone or tablet, and the parts fit into a user's hands and have gaming controls," the USITC's announcement reads.

It's funny, before the Switch came out and design leaks started coming out, I thought it was a lot like a GameVice on an iPad, which I sort of forgot about since. Evidently they thought the same. I don't think these market blockage lawsuits tend to go through as it's too big a deal and they usually settle on a royalty instead, but it would certainly hurt the momentum train if it did.


What the GameVice is like:

(I actually kind of wanted devices like this, especially with batteries built in, to take off. We have so much power in mobile now but little uses it because touchscreen only controls are meh)

 

[Zog]

I don't know how companies can make anything these days without stepping on someone else's toes.

 

[Tumle]

Hmmm looks similar.. maybe they have a case

 

[digitaltrance]

This isn't going anywhere.

 

[goldenpp72]

It's stupid that patents can be this broad. Hopefully Nintendo buries them.

 

[Smasher89]

Looks like that device has a dpad and 4 circle button like controller, I wonder which company atleast made the dpad seemingly first...

 

[Roitorb]

You can’t get done for evolving an idea and making it better and more unique surely??

 

[Roitorb]

Your right those buttons are very Xbox like as well Microsoft if your listening lol

 

[AndrewRyan]

Nintendo controllers have motion detection, rumble and for a dedicated gaming device. Hopefully that's enough to distinguish it from this patent. Also, wasn't Nintendo granted several patents we were all drooling over when it was called the NX?

I like patents in theory but the bar needs to be much, much higher than it is now. In practice they're innovation killers. I came up with something new and was thinking of trying to produce it but found several patents which forced me to redesign just to work around them. Additionally it would cost thousands to file my own and god forbid defend.

 

[gspat]

They could have a good case, the patent is for connecting (a) controller(s) to the sides of a unit.

MS wouldn't stand a chance with the buttons thing, too many other companies use it so it's considered "generic"

Nintendo's dpad patent expired years ago.

 

[zeorhymer]

Nintendo controllers have motion detection, rumble and for a dedicated gaming device. Hopefully that's enough to distinguish it from this patent.

This. I think the only thing GameVice can claim *may* be the fact that it's clip on. Then they'll have to prove that Nintendo's clip on style is the same as GameVice's method of attaching the controller. Other than that, I'm not sure how they will spin it.

 

[gspat]

The patent is for connecting a controller, not what's in it.

 

[TGO]

I don't think Nintendo has ever had an original idea or console since the GCN, and theres always a photo of Reggie doing recon at E3 or some other event, then Nintendo announces something new that looks or does exactly what he was eyeing up a year ago lol.
Nintendo never change.

 

[Petrae]

Woof. That cease-and-desist would kill Nintendo’s sales momentum, if it happens. Could be interesting to follow...

 

[Refreshment.01]

Don't even know how this can be even considered in the first place. First, the implementation is totally different. Not to mention that commercially speaking there hasn't been any Hybrid/Transformable controllers... well at least not from the the 3 main manufacturers. Is like Nintendo opting to sue Sony in the 5th generation due to patent infringent of the SNES controller.

This is one example that could easily collapse Gamevice case. Also the Joycons switch >;-D from Bluetooth to an actual physical pin connection for data transfer when they are attached to the Switch.

 

[Ridcully]

If it looks like they're going to succeed, Nintendo will probably just strike some licensing deal and carry on from there.

Stuff like this is hardly uncommon. This kind of thing has been happening in the smartphone space for a while, with Apple at the forefront.

 

[Blam]

Don't even know how this can be even considered in the first place. First, the implementation is totally different. Not to mention that commercially speaking there hasn't been any Hybrid/Transformable controllers... well at least not from the the 3 main manufacturers. Is like Nintendo opting to sue Sony in the 5th generation due to patent infringent of the SNES controller.

-snip-

This is one example that could easily collapse Gamevice case. Also the Joycons switch >;-D from Bluetooth to an actual physical pin connection for data transfer when they are attached to the Switch.

Yeah stupid companies trying to get some fame before being shutdown this is stupid patent trolling.

 

[LordOfChaos]

It's stupid that patents can be this broad. Hopefully Nintendo buries them.

Probably the most infamous example. Hard to imagine touchscreens without this gesture.

 

[DiscoJer]

I remember Sony controllers didn't have rumble for a while because of some lawsuit/patent deal.

 

[ultrazilla]

All they're looking for is a settlement IMO.
This will be the first test for Nintendo's new president. Does he go full guns and fight it or just offer a settlement to make Gamevice go away?
Nintendo is pretty good in court and usually has their ducks in a row with patents. So I could see them fighting this. Guess we'll find out soon enough.

 

[Three]

Probably the most infamous example. Hard to imagine touchscreens without this gesture.

Aren't those the wrong way round?

 

[Pottypotsworth]

I can’t see Nintendo budging on this. They’ll need to shut this down decively to stop other patent trolls trying the same thing.

 

[LordOfChaos]

I can’t see Nintendo budging on this. They’ll need to shut this down decively to stop other patent trolls trying the same thing.

A patent troll doesn't make anything. GameVice decidedly does. Their size relative to Nintendo doesn't make them a troll.

 

[Donnie]

Hmmm looks similar.. maybe they have a case

Its not similar at all as a product, I mean only the controllers are their product, its just a accessory for a Ipad. Basically they're saying that anything that happens to have controllers that can be detached is infringing on their patent. Its a pathetic nuisance suit in the hope of a payout..

I mean Switch is a entire product that includes tablet, attachable controllers and dock. GameVice is just a controller that attaches to someone else's product, and isn't the first of its kind by a long way. But because a Ipad plus this controller looks reminiscent of a Switch in handheld mode they've decided its a no lose situation. If they get a payment then great (best case scenario, they can't possibly win and they know it) and if they lose they still get loads of people looking at their product due to articles published about the case.

 

[Scopa]

All they're looking for is a settlement IMO.
This will be the first test for Nintendo's new president. Does he go full guns and fight it or just offer a settlement to make Gamevice go away?
Nintendo is pretty good in court and usually has their ducks in a row with patents. So I could see them fighting this. Guess we'll find out soon enough.

I’d assume it’s all up to Nintendo’s lawyers. All the President has to do is follow their advice.

 

[bitbydeath]

I'm going to patent patents so anyone who creates or renews one must pay me $100.

 

[caffeware]

Nintendo playing 4d chess.

This is the real reason why the switch doesn't have a dpad: To difereciate from this device.

Spoiler

 

[shogunknight]

Wasnt there a similar case for WiiU/Wii? I dont think this will go anywhere.

 

[Genio88]

Nowadays everyone try to suit someone else with money like Nintendo, i don't expect them to win at all, about those controller for smartphone...i love my Switch but i'd be great if Apple created some first party and full supported detachable controllers like those for every iPhone and iPad, it they worked like the Airpods would be so cool, i'd enjoy Pubg mobile much more

 

[TLZ]

https://www.engadget.com/2018/05/01/nintendo-switch-wikipad-gamevice-import-investigation-patent/



It's funny, before the Switch came out and design leaks started coming out, I thought it was a lot like a GameVice on an iPad, which I sort of forgot about since. Evidently they thought the same. I don't think these market blockage lawsuits tend to go through as it's too big a deal and they usually settle on a royalty instead, but it would certainly hurt the momentum train if it did.


What the GameVice is like:

(I actually kind of wanted devices like this, especially with batteries built in, to take off. We have so much power in mobile now but little uses it because touchscreen only controls are meh)

I'm surprised this didn't happen the moment it came out. I thought maybe Nintendo settled internally with them. This will be interesting.

 

[FF:Enhanced_Reality]

Funny in a way, everyone said that Sony copes Nintendo. Yet it always seems to be Nintendo getting sued for patents. Two companies at different times disputed patents with the Wii mote. The DS apparently infringed a patent on folding dual screens. I'm never surprised when I read someone is trying to sue Nintendo.

 

[mushy tailspin]

I remember this from last year when switch launched and I remember it not going over. Is this just further on in the patent investigation?

Nintendos like a squirrel. Everyone stepping on their nuts

 

[LordOfChaos]

Funny in a way, everyone said that Sony copes Nintendo. Yet it always seems to be Nintendo getting sued for patents. Two companies at different times disputed patents with the Wii mote. The DS apparently infringed a patent on folding dual screens. I'm never surprised when I read someone is trying to sue Nintendo.

Oh I'm sure it's one big tangled web like mobile is, everyone having patents that are stepped on by everyone else

 

[FF:Enhanced_Reality]

Oh I'm sure it's one big tangled web like mobile is, everyone having patents that are stepped on by everyone else

I wouldn't quite go that far. But I've been following gaming news for quite a long time and Nintendo seem to get sued, like a lot. It's like it's popular to sue Nintendo. Love how only one company tried to sue Sony on your diagram haha.

 

[ResurrectedContrarian]

Tech patents (in the US) are increasingly ridiculous, and in bad need of reform. You can't lock down access to absolutely obvious incremental ideas via paperwork. What bothers me most -- and this if from working in tech -- is that the entire concept of invention is confused here. In technology, the "what if" vision of a kind of product (detaching controllers, motion controls, anything else) is a drop in the ocean of the actual R&D creativity required. All of the real work is implementation: making the idea efficient, cost-effective, intuitive, etc. Until the entire stack of hardware and software is fully realized, tested, and has a ready pipeline of production at a reasonable price point, all these patents should be given no more legitimacy than a crayon sketch in a kid's notebook.

 

[BANGS]

Good, I hope they win and take a ton of money out of Nintendo as well...

 

[ChuyMasta]

What the hell Nokia?

 

[Omegatron]

The fact that the joycons can be used to play the games and be shared between multiple people while they're not attached to the console itself, is a thing that Nintendo is definitely going to bring up that's different between the two products.

You usually need more than just one similarity in order to get your case off the ground and the fact that the joycons can't even be used with smartphones or tablets, means that Nintendo doesn't step into the same market that these guys are in.

This whole thing just reeks of "I bet we can make quick and easy money by taking Nintendo to court" rather than "We must protect our design and brand", which if the court also decided is the motivating factor behind this lawsuit, is going to put GameVice in a situation that could literally take their company down if Nintendo presses back hard enough, because God knows that Nintendo does not mess around in court.

IMO, this case is Nintendo's to win and I'm surprised that anyone would actually side with GameVice on this one, since more and more companies keep going after Nintendo for "we need/want money" reasons, rather than "protecting our brand and products" reasons.

 

[Pejo]

I can practically hear the saliva circulating in the mouth of the "Nintendo is DOOMED"-posters.

 

[JCK75]

I feel like if you make a case like this and lose you should have to pay for all of the time and legal fees the other side racked up.

 

[Zog]

I feel like if you make a case like this and lose you should have to pay for all of the time and legal fees the other side racked up.

That way only big corporations would be able to afford to sue?

 

[JimboJones]

I can practically hear the saliva circulating in the mouth of the "Nintendo is DOOMED"-posters.

Can already see it in this thread lol, bizzare.

 

[Pottypotsworth]

A patent troll doesn't make anything. GameVice decidedly does. Their size relative to Nintendo doesn't make them a troll.

Be that as it may, they are obviously “trying their luck” and if Nintendo weren’t to shut it down then other companies who [unlike this one] maybe patent trolls will think they have a chance at some easy cash.

 

[gspat]

Speaking of easy cash...

Nintendo just filed a lawsuit in January. (LINK)

They are claiming joystick controls on a touchscreen is their idea.

 

[LordOfChaos]

Be that as it may, they are obviously “trying their luck” and if Nintendo weren’t to shut it down then other companies who [unlike this one] maybe patent trolls will think they have a chance at some easy cash.

Then I hope those actual patent trolls would be firmly shut down, but a legitimate company making their own product is well within their right to protect their IP, unless we overhaul all of current IP law (which...We probably should).

I'm just not keen on seeing legitimate businesses called patent trolls and taking that knock just because people like the other company better.

 

[JCK75]

That way only big corporations would be able to afford to sue?

Or only people who have a legitimate case they can actually win and aren't just patent trolling.

 

[Codes 208]

Good, I hope they win and take a ton of money out of Nintendo as well...

 

[Zog]

Or only people who have a legitimate case they can actually win and aren't just patent trolling.

...and if they lose anyway? Will they be looking at bankruptcy because they have to pay the legal bills of a huge corporation? Terrible idea.

 

[Smiles and Cries]

these guys are annoying

 

[BANGS]

Because Nintendo is notorious for frivolous lawsuits and immoral copyright claims and it's nice to see them learn how asinine it is...