Sony Computer Entertainment has lost a high-profile IP suit against California-based Immersion Corp., in which it was claimed that the PlayStation 2’s controller infringed feedback patents.
SCE was ordered to pay almost $91 million to Immersion and - more damagingly - to remove all PlayStation products featuring vibration feedback from sale.
US District Judge Claudia Wilken made the ruling on Thursday and added $8.7 million in interest. She then granted a permanent injunction that would bar the production, sale or import into the United States of any PlayStation hardware, controllers or games that infringe the two Immersion patents. However, following pleas from Sony, a major US employer, she granted a stay in that part of the lawsuit.
"We have always believed, and continue to believe, in the strength of our intellectual property," Immersion Chief Executive Officer Victor Viegas said yesterday. "We remain confident of our position in the appeals process."
And indeed, Sony has mentioned off the record to several media outlets that an appeal is already in the works, an agreement with Immersion seemingly unreachable after years of bad blood.
Regular SPOnG readers may remember that back in 2003, Immersion settled a similar patent dispute with Microsoft. In the settlement, the software giant paid $26 million, including $6 million for a stake of around 10% in the company.
Given that Nintendo has always claimed - on the record - that it invented rumble functionality and gaming, and was ripped off by Sony, the fact that it has avoided any heat in the case is interesting.
We’ll have more as we get it.
SCE was ordered to pay almost $91 million to Immersion and - more damagingly - to remove all PlayStation products featuring vibration feedback from sale.
US District Judge Claudia Wilken made the ruling on Thursday and added $8.7 million in interest. She then granted a permanent injunction that would bar the production, sale or import into the United States of any PlayStation hardware, controllers or games that infringe the two Immersion patents. However, following pleas from Sony, a major US employer, she granted a stay in that part of the lawsuit.
"We have always believed, and continue to believe, in the strength of our intellectual property," Immersion Chief Executive Officer Victor Viegas said yesterday. "We remain confident of our position in the appeals process."
And indeed, Sony has mentioned off the record to several media outlets that an appeal is already in the works, an agreement with Immersion seemingly unreachable after years of bad blood.
Regular SPOnG readers may remember that back in 2003, Immersion settled a similar patent dispute with Microsoft. In the settlement, the software giant paid $26 million, including $6 million for a stake of around 10% in the company.
Given that Nintendo has always claimed - on the record - that it invented rumble functionality and gaming, and was ripped off by Sony, the fact that it has avoided any heat in the case is interesting.
We’ll have more as we get it.
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Comments
ohms 29 Mar 2005 11:35
1/11
whoa, this sounds like some serious s**t!
but could it actually come to all their playstation hardware being withdrawn ?
micro$oft seem to have made the smart move, AND they end up with a stake in the company.
maybe they're pushing get the hardware ban, lol.
but could it actually come to all their playstation hardware being withdrawn ?
micro$oft seem to have made the smart move, AND they end up with a stake in the company.
maybe they're pushing get the hardware ban, lol.
Ditto 29 Mar 2005 14:44
2/11
It wouldn't surprise me. Microsoft have done some pretty nasy stuff in their time.
Anyone remember poor old Sendo? Microsoft tried to run off with all their IP.
Anyone remember poor old Sendo? Microsoft tried to run off with all their IP.
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Joji 29 Mar 2005 20:19
3/11
I don't think the whole thing has effected Nintendo because the rumble feature became standard on the N64. N64 came out in 96'- 97 so they probably have no case for so far back.
Sony then made Dual Shock for PSone in reaction to this. Sony benefiting from Nintendo innovations once more. Xbox has also benefited but that's all history now these machines are on their way out soon.
A bad pad day for Sony pockets indeed.
Sony then made Dual Shock for PSone in reaction to this. Sony benefiting from Nintendo innovations once more. Xbox has also benefited but that's all history now these machines are on their way out soon.
A bad pad day for Sony pockets indeed.
tyrion 29 Mar 2005 20:52
4/11
Joji wrote:
I don't think the whole thing has effected Nintendo because the rumble feature became standard on the N64. N64 came out in 96'- 97 so they probably have no case for so far back.
Actually the Immersion patents in question are extensions of a patent filed in 1995 and hence are able to use that filing date. The N64 rumble pack was brought to market after the filing of the relevant patent.
However, there have been stories about the reasons why Ninty weren't hit with a suit. The rumble pack wasn't built in, Ninty proved concurrent development, Ninty licensed the tech from Immersion on the quiet. Whichever you believe, it is strange that no references to the N64 rumble pack or the GameCube controller have been made at all.
Pandaman 29 Mar 2005 21:36
5/11
It's probably just because the PS2 controllers are way louder when they rumble, so Immersion heard it.
Ditto 30 Mar 2005 09:23
6/11
The thing you need to remember is that the Ultra 64 was being developed in 1994, before the patient was granted.
kid_77 30 Mar 2005 10:14
7/11
Adam M wrote:
The thing you need to remember is that the Ultra 64 was being developed in 1994, before the patient was granted.
Absolutely. The technologies could've been developed concurrently, and Immersion new Ninty could proove it. Perhaps Ninty got their Rumble Pak technology patented before Immersion, and can claim they're using their own patented technology. Also, could there be a chance Immersion didn't file a lawsuit with Ninty due to the fear of losing their own patent, should a judge deem their patent too similar to Ninty's earlier patent?
tyrion 30 Mar 2005 10:39
8/11
Adam M wrote:
The thing you need to remember is that the Ultra 64 was being developed in 1994, before the patient was granted.
The thing you need to remember is that the Immersion technology was being developed in 1994, before the patent was granted.
You can't just pull an idea out of your butt and try to patent it. you have to have an idea how it is going to work, probably have done a feasability study and possibly submit some technical drawings. At the very least you need to describe the inner workings in "patent speak" (an offshoot of "lawyer speak") in order to draft the parent filing.
The concurrent development idea is the one that sounds the closest to reality.
Also the fact that the rumble pack was an add-on points to it being developed after the console and/or controllers were developed. At the very least Nintendo didn't want the console to be delayed while the rumble functionality was developed.
Ditto 30 Mar 2005 14:53
9/11
tyrion wrote:
You can't just pull an idea out of your butt and try to patent it.
LOL, now that's something I'd like to see.
You're right, the concurrent development thing probably is true. I was just trying to imply that the technologies could have been being developed at the same time or one slightly before another, we don't know.
tyrion 31 Mar 2005 08:03
10/11
Adam M wrote:
tyrion wrote:
You can't just pull an idea out of your butt and try to patent it.
LOL, now that's something I'd like to see.
Expect to see a patent for "A system of forced extraction of faecal matter from the homo sapiens posterior, utilising a wide array of extraction mechana." any time now!
DoctorDee 31 Mar 2005 12:23
11/11
tyrion wrote:
A system of forced extraction of faecal matter from the homo sapiens posterior,
What use is that. We don't want to pull s**t out of our butts. We want to pull patentable ideas from there.
I'm pretty sure s**t isn't patentable, even though many patents are s**t.