Microsoft's Controller Trial Rumbles On

An attempt by Microsoft to disqualify a law firm representing Immersion in the companies' ongoing rumble-related legal battle has been denied.

Microsoft claimed that, because the firm Irell & Manella represented Immersion in a deal with Sony that has been brought into contention, the company should not be allowed to act on behalf of the Rumble technology-maker in the upcoming suit.

In a nutshell, Microsoft was involved, alongside Sony, in a lawsuit with Immersion for patent infringement with regard to its Rumble technology. Microsoft settled its portion of the suit with a payment of $26 million back in 2003, but it was agreed that, should Immersion also reach a settlement with Sony, Microsoft would be entitled to a payment from Immersion. The agreement reached between Sony and Immersion last March, Microsoft is arguing, is just such a settlement. You can read more about it here.

Microsoft tried to get Irell & Manella disqualified from the suit (in the words of U.S. District Judge Ricardo Martinez's Friday ruling) “on the grounds that Irell & Manella participated in the drafting of the agreement between Immersion and Sony. (Dkt. #26 at 1). Microsoft further alleges that the attorneys 'attempted to disguise that agreement so that it not appear as a settlement agreement.' (Id. at 2). In addition, Microsoft specifically points out that Richard Birnholz (“Mr. Birnholz”) of Irell & Manella played a key role in negotiating and drafting the underlying agreement between Immersion and Sony.”

Judge Martinez, however, was unconvinced. He ruled that Microsoft "failed to present sufficient evidence to show that each and every attorney at Irell & Manella are necessary witnesses to the instant litigation. Specifically, Microsoft makes no showing that every attorney at Irell & Manella will give evidence material to the determination of the issues being litigated. Microsoft merely states that all the attorneys should be disqualified by virtue of their representation of Immersion in the underlying lawsuit against Sony. Such bald assertions are insufficient in the context of a motion to disqualify."

He did not, however, rule out the possibility that attorneys from Irell & Manella will be disqualified nearer the trial. "Trial is not set until October 14, 2008”, he ruled. “Thus, disqualification of any attorney at Irell & Manella is premature. But if it becomes likely that the attorneys at Irell & Manella are necessary witnesses after the conclusion of discovery, or on the eve of trial, Microsoft is free to move the Court for disqualification at that time."

Meanwhile, all has been well between Sony and Immersion. DualShock 3 (while unfortunately not included in the upcoming GT5 Prologue PS3 bundle) is on the way and the gaming world has been too busy admiring how cute they they look together to notice the disgruntled ex simmering in the corner...

^{Source: seattlepi.com}