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July 23, 2008 1:06 PM PDT

Nintendo faces ban on some Wii, GameCube controllers

by Erica Ogg

Unless Nintendo complies with a federal judge's order by Thursday, the company will be faced with a ban on several of its controllers, Bloomberg reports.

Nintendo GameCube controller

Though the Wii Remote is safe, Nintendo faces a possible ban on the sale of controllers, like this one for GameCube.

(Credit: Nintendo)

A judge for the U.S. Court in the Eastern District of Texas failed to overturn a verdict entered against the Japanese video game maker on July 18. The company had been previously ordered to pay $21 million to Anascape, a Texas company that holds a patent on motion-sensitive controllers.

After declining to order a new trial as Nintendo had requested, Judge Ron Clark instead is scheduled to issue a ban on the sale of the Wii Classic Controller, WaveBird controller, and GameCube controller. (Anascape said that Nintendo's Wii Remote and Wii Nunchuk controllers also infringe on U.S. Patent No. 6,906,700, which describes a "3D controller with vibration," but a jury disagreed.)

Nintendo will have to post a bond or put royalties in an escrow account to avoid the halt, according to Anascape's attorney, but Nintendo said it was already planning on filing an appeal, which should effectively put the ban on hold.

Erica Ogg is a CNET News reporter who covers Apple, HP, Dell, and other PC makers, as well as the consumer electronics industry. She's also one of the hosts of CNET News' Daily Podcast. In her non-work life, she's a history geek, a loyal Dodgers fan, and a mac-and-cheese connoisseur. E-mail Erica.
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Add a Comment (Log in or register) (18 Comments)
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by AshleySatan July 23, 2008 1:54 PM PDT
Where are these magical Anascape controllers?
Reply to this comment
by AshleySatan July 23, 2008 1:56 PM PDT
Where are these magical Anascape controllers?

**** you, judge.
Reply to this comment
by tekwiz4u July 23, 2008 3:23 PM PDT
I'm not a big fan of companies suing other companies for patent infringment. Anascape didn't even DEVELOP an actual controller. They thought of an idea, but didn't even put it to use until some other company did the work for them. It sucks.
Reply to this comment
by Lerianis July 23, 2008 5:22 PM PDT
Yes, it does suck, tekwiz4u, and moreover, it is illegal to patent an idea and then never come out with a product that incorporates that idea.
The federal government has made it VERY clear that people like Anascape are the DEFINITION of patent trolls, and I don't know how any judge with more than 3 functioning braincells could have made this decision, in all honesty.
Reply to this comment
by ejdischer July 23, 2008 6:13 PM PDT
Bottom line is, this is a decision made by some flag toting, Bush loving, rogue judge against a Japanese company. I wouldn't be shocked if Bush, Cheney, Rove, and friends own a stake of Anascape. Interesting how a Texas company sues a Japanese company and the trial is held in Texas, with a Texas jury, and a Texas judge. Can't Mexico just annex Texas?
Reply to this comment
by jskrenes July 23, 2008 6:40 PM PDT
No, Mexico will get California first.
Reply to this comment
by Aspire2Renew July 23, 2008 8:03 PM PDT
I want to swear so much at how much our legal system has degraded in terms of patent laws etc. How obscure is a "3D remote control with vibration"? Hell, I'm going to think of all kinds of obscure ideas which don't exist. How about, a personal virtual reality simulator with body suit." There, now I own the future. C'mon judge, help me out!
Reply to this comment
by CooperSWorks July 23, 2008 10:07 PM PDT
Lerianis please cite your source - it might not be a bad idea if this were true but I've not heard that this is the current law.
Reply to this comment
by chrkeller July 24, 2008 3:46 AM PDT
Holding a patent does NOT mean you have to make said product. I am sure, given a jury uphold the decision, Nintendo infringed on some specific IPs. In my case I am not too affected. I don't plan on buying any GC controllers nor do I plan on buying any classic controllers. I own 2 of each already. Also this really is trivial, 21 million isn't much given the amount of money Nintendo is racking in each quarter.
Reply to this comment
by tekwiz4u July 25, 2008 10:13 AM PDT
Right, holding a patent doesn't mean you have to produce the actual product. But that doesn't mean someone can't think of it and actually put initiative into creating it. Ideas are duplicated all the time. Take a look at Microsoft and Apple. Vision is something you cant take away from individuals that want to ACT on it, not sit on it and wait from someone to produce it. That's what Anascape did here.
by RRosal July 24, 2008 5:35 AM PDT
Given that Sony and Microsoft had settled out of court with Anascape regarding this patent, it will be interesting to see how far Nintendo intends to drag this fight. If 2 of the 3 major videogame console makers would rather resolve this quietly outside of the public eye than get into a public fightfest as Nintendo is intending to do, I'm eager to see how this one gets settled.
Reply to this comment
by jabrusii July 24, 2008 8:52 AM PDT
Can anyone find a website or anything for these people?
Reply to this comment
by tosandrew July 24, 2008 11:49 AM PDT
Anascape?! Who the heck is that?! I've never heard of that compeny! How can they sue Nintendo when they never even MADE a controller?! This just seems like a whole bunch on B-S to me!...
Reply to this comment
by EvilAaron11 July 24, 2008 1:53 PM PDT
Wow, Wikipedia didn't even have an article on this BS Anascape Ltd. How crazy is that? According to the internet, there's hardly any evidence that this company exists. But no Wikipedia article? They have articles for everything!!
Reply to this comment
by tech_junky48 July 24, 2008 7:11 PM PDT
@Evilaaron11
Wikipedia page created. Apparently someone tried to create a page last june, but it was deleted, as nothing had yet happened with the lawsuit.
Reply to this comment
by droolski July 25, 2008 8:29 AM PDT
"Where are these magical Anascape controllers?"

Really... more importantly where is this "magical" company? I failed to find a link to them on google, just stories of this lawsuit.

And... what about them also suing Microsoft over their controllers? So why aren't they also suing Sony?? Come on CNET, that's news too isn't it?!

This is all about "vaporware" and greed in my opinion, similar to the lawsuit that Gibson has tried to pursue against Guitar Hero for copyright infringement of "technologies that simulate a live concert event" that they filed years ago. Funny that they didn't mention it until the latest version came out! Smells of lawyers (or similar bottom-feeders) looking for "loopholes" to generate additional income/royalties doesn't it?

@#$% that judge, the lawyers and non-company for wasting the courtroom's (and our!) time.
Reply to this comment
by sting7k August 21, 2008 5:51 AM PDT
Wow, so retarded. I have one question though for this company. Why are they singling out Nintendo? Shouldn't they be suing Sony and Microsoft as well? I mean Sony's dualshock controllers and Microsoft's Xbox controllers are nearly exactly the same as the Gamecube, Wii Classic, and Wavebird (just some different shapes). So whats the deal? If you look at their "patent" it doesn't even have a drawing, picture, or blue print. It's just vague descriptions of a controller to play video games with.
Reply to this comment
by mrcockrell June 12, 2009 12:03 AM PDT
actually they are suing Microsoft too i believe
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