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Several Publishers Sued for Infringing 3D Patent

jok writes "According to a story on GameDaily, law firm McKool Smith is suing several publishers for infringing their patent on a "Method and Apparatus for Spherical Planning", filed in 1988. Among the companies being sued are several big names, such as Square Enix, Electronic Arts, Vivendi Universal, Sega."

21 of 358 comments (clear)

  1. That's what I was thinking! by ahsile · · Score: 5, Interesting

    I quote:

    "Common sense says it's ridiculous, and from a moral standpoint it's outrageous," anonymous employee at major publisher.

    1. Re:That's what I was thinking! by eln · · Score: 5, Insightful

      This is blatant patent squatting, and it's completely asinine that this sort of thing is legal. The entire purpose is to make money without actually doing anything, and the end result is that it stifles innovation. The patent system in this country needs a major overhaul.

  2. Yikes! by Average_Joe_Sixpack · · Score: 5, Funny

    Does this mean I'm no longer allowed to play UT??

  3. Vertical business model by fembots · · Score: 5, Insightful

    Have lawyers finally realized "why sue (and win) for others if we can do the same thing for ourselves"?

    Now the middlemen are selling direct! You own a patent, you file a lawsuit, and you take all the profits^H^H^H^H^H^H^H compensation.

    The article has mentioned enough "common sense" and "ridiculous" so I guess we have get the point.

    What's interesting is why/how did a law firm get this patent? Did it 'invent' 3D on monitor, or did it purchased the patent from a third party? The patent's inventor is "Waller, William G. (Portland, OR)" but McKool Smith is claiming these 12 companies infringed on their (not their client's) patent.

    Either way, it's going to get ugly because this is a law firm, it probably has all the resources and knowledge to do well in court, and we all know owner-operators usually work harder.

    1. Re:Vertical business model by MichaelDelving · · Score: 5, Informative

      >where/how did a law firm get this patent?

      I am the "inventor" of three patents, yet receive no proceeds from them. Well, I did receive a nice salary and some share options...

      It's called work. You sign intellectual property papers, then they start telling you what to do and pay you for it. In the course of your job, you invent things. The company pays for all the lawyering, and processing fees. Sometimes, the company licenses or assigns/sells the rights to other companies. One of those might very well be a law firm.

      When the bubble popped, and I dot-bombed, our intellectual property law firm expressed interest in one of my patents. But it eventually sold to another company for $60k. Which with any other liquidated assets went to the VCs.

      But hey, I'm not bitter or anything!

  4. This is why software patents by antifoidulus · · Score: 5, Interesting

    should expire after 5 years. I am generally an advocate of patents for VERY SPECIFIC things that obviously required a lot of R&D, but lets face it, if you can't make money off a patent in 5 years, you are in the wrong industry........

    1. Re:This is why software patents by operagost · · Score: 5, Funny
      The problem is that some ideas are not quite scaleable, and the technology nor adoption may exist at the time of filing the patent.
      In that case, I'm filing the patent for my antimatter engine now.
      --

      Gamingmuseum.com: Give your 3D accelerator a rest.
  5. patent on spherical planning by stanmann · · Score: 5, Funny

    So is this patent on Pi? or just on a technique for simulating depth, for prior art, do I need to pull up van gogh or dali? or just mario 1?

    --
    Food not Bombs is a nice platitude but it breaks down when you notice that the Bombees are usually well fed
  6. News Flash: Duke Nukem Forever Delayed by fembots · · Score: 5, Funny

    Due to pending lawsuit.

  7. Lucky for Duke Nukem Forever by Anonymous Coward · · Score: 5, Funny

    By the time it comes out the patent will be expired!

  8. Blame the patent system by Underholdning · · Score: 5, Insightful

    "The patent is ridiculously broad. It's purely McKool Smith trying to make money"
    Actually, I don't want to waste my breath calling McKool Smith names. The big perpetrator here is the patent system and the patent offices who allows these general patents.

  9. High Tech Gold indeed by erick99 · · Score: 5, Insightful
    Here is an article that discusses how Kool, Smith uses data mining techniques to find patent violations. This is apparently the focus of their practice and the article mentions some of their clients.

    To give you an idea of where they are coming from, and it's purely money, here is the title of another article featuring McKool, Smith: Patent field yields high-tech gold"

    I think that tells us that we will see more and more of this.

    --
    http://www.busyweather.com/
  10. Re:Patents Run Out, Right? by Dachannien · · Score: 5, Informative

    To quote Wikipedia:

    As TRIPS agreement declares, the term of an issued patent is twenty years from earliest claimed filing date. In the United States, for applications filed prior to June 8, 1995, the patent term is seventeen years from the issue date. For applications filed on or after June 8, 1995, the term is twenty years from the earliest claimed filing date. The rules for patents in force and pending at the transition date (June 8, 1995) are significantly more complicated but grant the patentee whichever term is longer.

  11. From the patent by claytongulick · · Score: 5, Informative

    What is claimed is:

    1. A three-dimensional panning method comprising the steps of:

    storing applied graphic information representing a three-dimensional object in a first three-dimensional coordinate modeling space;

    defining a second three-dimensional coordinate space as a viewing space from which the object may be viewed, the viewing space being movable at a selected radial distance around a selected reference point in the modeling space;

    inputting and storing further information including panning information specifying a position from which to view the object;

    moving the viewing space to the specified position in response to the panning information, effecting a transform of the coordinates of the object to the viewing space and to a two-dimensional coordinate screen space; and

    displaying a two-dimensional image of the transformed coordinates, providing a view of the object from the panned-to-position.

    2. The method of claim 1 where the step of moving the viewing space includes the step of orienting said viewing space with respect to the object, by varying at least one of pitch, yaw, and roll attitudes of said viewing space.

    3. The method of claim 1 where the step of inputting further information includes the step of identifying a center of projection relative to the specified view position.

    4. The method of claim 1 where the step of inputting further information includes the step of specifying a radial distance at which the object may be viewed.

    5. The method of claim 1 where the step of inputting further information includes the step of specifying viewing window size as a degree of magnification of the displayed image.

    6. The method of claim 1 where the step of inputting further information includes the step of specifying one of parallel and perspective transforms.

    7. Apparatus for performing a three-dimensional panning operation, comprising:

    memory means for storing entered information including applied graphic and panning information and a control program, the graphic information representing a three-dimensional object in a first three-dimensional coodinate modeling space;

    input means for entering information including panning information for panning to a selected position from which to view the object;

    processing means coupled to the input and memory means, and responsive to the panning information and execution of the program, for defining a second three-dimensional coordinate space as a viewing space from which the object may be observed, and for moving the viewing space, a selected radial distance around a selected reference point in the modeling space, to the selected position, effecting a transform of the coordinates of the object to the viewing space and to a two-dimensional coordinate screen space; and

    means for displaying a two-dimensional image of the transformed coordinates, providing a view of the object from the panned-to position.

    8. The apparatus of claim 7 wherein the processing means includes a means for orienting the viewing space with respect to the object, by varying at least one of pitch, yaw, and roll attitudes of said viewing space.

    9. The apparatus of claim 7 wherein the input means includes a means for identifying a center of projection relative to the selected view position.

    10. The apparatus of claim 7 wherein the input mean includes a means for specifying a radial distance at which the object may be viewed.

    11. The apparatus of claim 7 wherein the input means includes a means for specifying a view window size as a degree of magnification of the displayed image.

    12. The apparatus of claim 7 wherein the input means includes a means for specifying one of parallel and perspective transforms.

    --
    Drinking habits can be dangerous. You can choke on the cloth and the nuns will wonder where their clothes are.
    1. Re:From the patent by LSD-OBS · · Score: 5, Insightful

      My brain got sore from reading that after the first few sentences, but in effect what they're saying is they've patented the multiplying of two 4x4 matrices, or the multiplying of a 3 or 4 component vector by a 3x4 or 4x4 component matrix -- which gives you your object space -> world space, or world space -> camera space transform (or the concatenation thereof).

      Hello, this has been around since the fucking dawn of Cartesian math!

      --
      Today's weirdness is tomorrow's reason why. -- Hunter S. Thompson
  12. Re:Patents Run Out, Right? by Anonymous Coward · · Score: 5, Informative

    US Patents can't be "renewed." 20 years from filing and that's it (it used to be 17 years from issuance, but the law changed in 1995).

    There are "maintenance fees" required to keep it alive during that whole time (due at 3.5, 7.5 and 11.5 years from issuance), but you don't get to "renew" for another 20. At least not in the US. And not anywhere else in the world that I know of, either.

  13. Another failure of the 'obviousness' test by ThosLives · · Score: 5, Informative
    I actually read the patent and it's basically a patent on using matrix transforms to set up a model space and a viewer. Considering I wrote something that does this in about 2 hours about 2 weeks ago, does that mean I'm infringing upon this patent? I used simple coordinate transforms that I learned in geometry. Should it be possible to patent mathematical processes? (IMHO, no, since you should be the discoverer of something - but discovery is not the same as ownership!)

    The thing we ought to, as responsible slashdotters, push on the USPTO is not even "prior art" as most of the crowd pushes on, but the "unobvious to one skilled in the art" clause. Anyone who deals with coordinate transforms - in physics, graphics, or whatever, would have come up with the use of matrix manipulations to view graphics information based on viewer position. The other half of this "invention" is manipulating the viewpoints in a manner which emulates reality - basically it's a patent for an interface which is the same as you or I walking around an object to get a different vantage point.

    That aside, there is the issue that 3D graphics have been out in the mainstream for over 10 years and nobody brought this patent up. I hope they're going to lose on statute of limitations.

    Perhaps we should draft and file a Friend of the Court brief?

    --
    "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
  14. Get ready for the ultimate submarine attack by Progman3K · · Score: 5, Interesting

    It's only a matter of time before China finishes off the rest of the lot.

    China's economy is booming precisely because they don't have any of this ridiculous patenting.

    Once China has the upper hand, it could turn around, rifle through the patents, scoop up all the ones owned by anyone willing to sell them and launch an attack against the remaining copmanies with them.

    Forget missles, baby! Here come the patent-wars!

    --
    I don't know the meaning of the word 'don't' - J
  15. Prior art - 1983 by Anonymous Coward · · Score: 5, Informative

    Bowyer, A. & Woodwark, J.R. (1983) A Programmer's Geometry Butterworths ISBN 0-408-01242-0

    Toward the end of the book - the entire first claim is provided - all subroutines necessary for panning.

    Hell - I even did my first 3d movie in tectronix 4010 escape sequences using them (moving around a cube - it looked like the cube was rotating except for the offset center).

  16. Re:Imagine a world without lawyers by CatLord42 · · Score: 5, Funny

    You may draw the analogy ;)

    But not in 3D!!!

    --
    Meow. Now!
  17. 1988?? by AltaMannen · · Score: 5, Informative

    So what about the hundreds of 3D Amiga demos (and ST, c64, etc.) that used exactly that technology before 1988? There is a lot of published source code (and how-to guides) for those around. The patent is essentially an obvious re-implementation of something that already existed in published form way before the patent was applied for.