Nintendo loses Wii controller patent suit

Updated at 6:27 a.m. with more details about the case. Updated again at 11:54 a.m. PST with Nintendo's statement.

Nintendo has been ordered to pay $21 million to a Texas company in a suit involving patents used in technology behind the company's Wii and GameCube systems, the Associated Press reported.

Anascape, a Lufkin, Texas-based company, sued Nintendo in 2006. A federal jury in the U.S. District Court for the Eastern District of Texas ruled in Anascape's favor on Wednesday.

A Nintendo representative said the company plans to appeal the verdict.

"We also expect the trial court to promptly reduce the dollar amount of the verdict significantly, as the amount was actually incorrectly calculated," Nintendo spokesman Charlie Scibetta said. "The correct calculation will result in a judgment that is a fraction of the current verdict."

According to court documents, Anascape had asserted that Nintendo's Wii Remote, Wii Classic, and Wii Nunchuk controllers, along with its Game Cube controllers, infringe on U.S. Patent No. 6,906,700, which describes a "3D controller with vibration" and was filed in November 2000.

In the end, the jury found that the Wii Remote and Nunchuck controllers didn't infringe on the patent, but the Wii Classic Controller, WaveBird controller, and Nintendo GameCube controllers did.

Nintendo argued in its latest court filings that there wasn't sufficient evidence that its products infringed that patent and that other inventions--particularly Sony's DualShock 2 controller, which went on sale in the United States in October 2000 and has also been the subject of patent litigation--predated Anascape's patent filing, rendering it obvious and invalid. As recently as Wednesday, the company asked the judge to throw out the case.

Anascape had also also sued Microsoft over the patents but settled with the company on May 1, just before the case went to trial, according to court documents.

The Eastern District of Texas, where the suit played out, has earned a reputation for speedy trials and plaintiff-friendly juries, consequently drawing more patent lawsuits than most other jurisdictions.

News.com's Anne Broache contribued to this report.

[ElderOfNar]

This suit only applies to the Nintendo Gamcube, Wavebird, and Classic controllers. It does not apply to the Wiimote or nunchuk attachment.

[Fremia]

I call bs Anascape, as Nintendo has long been trying to achieve those types of controllers with their "power glove" and Light gun toys.

[Fremia]

I am calling Anascape on its bluff as Nintendo has long been trying to achieve those types of controllers with their "power glove" and Light gun toys.

[michael_o]

The patent system exists to provide protection to enhance inventions. I'm lost: what non-obvious product exactly did Anascape invent -- build and release into commerce -- when they filed their patent? I don't remember hearing about the Anascape console. /sarcasm

[Davross]

"According to court documents, Anascape had asserted that Nintendo's Wii Remote, Wii Classic, and Wii Nunchuk controllers, along with the Game Cube controller, U.S. Patent No. 6,906,700, which describes a "3D controller with vibration" and was filed in November 2000."

Anascape asserted what exactly with regards to Nintendo's controllers? Unless they simply asserted that Nintendo made something the above passage is incomplete.

[SirRobinOfPennsynvania]

At first impression I suspect a company that patents ideas, wait for an infrindgement, and then file suit. This is white collar extortion. Patent suits without a working prototype should be tossed and the person who filed the patent be fined.

[aka_tripleB]

Has anyone else realized that the Wii Classic Controller doesn't have tactile feedback? I don't think it actually violates Anascape's patent.

[JohnSegal]

Hi,

I just found this web site that lets you download patents as PDF files for free. Its http://www.patentretriever.com/

Thought I'd share this little gem with those that are interested.

John

[JohnSegal]

You can download this patent in PDF format for free at http://www.patentretriever.com

[Wikipatents]

You can access this patent in PDF format and read the online community's opinions on it, as well as leave your comments on the patent at http://.www.WikiPatents.com.

~Matthew

[frank389]

I just looked at this patent and it doesn't seem to use the same technology as any of Nintendo's controllers...

Plus, the patent was filed in 2000 and if I remember well, Sony had the Dual Shock 1 prior to that. So probably Sony could sue Anascape...

[DigitalFrog]

Forget about the Sony remotes, looks to me like that patent describes the old Logitech PC force feedback joysticks that came out over a decade ago.

[AnnaBrou]

And what about prior art to be found in non-English language patents? Think Russian patent literature prior art (just like mentioned several times here: http://russianpatentsblog.patentsfromru.com/category/russian-prior-art/ ), German, Swiss, and so on. Who knows what exactly was patented back in Soviet era days? A force feedback joysticks for armored vehicles? Easily.