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PlayStation Sales Halted?

Narf Narf writes "According to Japan Today, the U.S. District Court in Oakland, California, has ordered Sony Computer Entertainment Inc. and its U.S. unit to pay $90.7 million in damages to Immersion Corp. for patent infringement over controllers used with PlayStation game consoles. In the ruling handed down Thursday, the federal court also ordered Sony Computer Entertainment and Sony Entertainment America Inc. to stop selling the PlayStation and PlayStation 2 game consoles using Dualshock controllers as well as more than 40 game software products." Update: 03/28 04:51 GMT by Z : ...which was followed immediately by an injunction, to allow Sony time for an appeal, and a compulsory licensing agreement.

18 of 581 comments (clear)

  1. Greed at work? by sanityspeech · · Score: 5, Insightful

    Would it not have been easier for Sony to acquire the [Immersion Corp.] company before this mess happened?

    from the you'd-think-they'd-have-thought-that-through dept.

    You can say that again.

    1. Re:Greed at work? by russotto · · Score: 5, Insightful

      Well, that pretty much confirms it's a scam. The game is to file a vague patent application, continue it by incorporating actual technologies brought into use between the two applications, and use the old application to establish priority.

    2. Re:Greed at work? by beardz · · Score: 3, Insightful

      If it was a scam, wouldn't you think that a good set of lawyers would be able to litigate out that point? Wouldn't you say that Sony might have some of the best damn lawyers in the whole world on the payroll?>

      Face it, if it was a scam, then Sony would have been able to prove it with their unlimited funding for their all-powerful lawyers. They couldn't. So therefore, it wasn't a scam.


      So, going on that logic, how come IBM haven't been able to litigate their way out of the SCO scam? (And yes, I'm fully aware that SCO v IBM isn't a patent case.) I daresay IBM's legal team is on a par, if not better than Sony's, and SCO's claims are far more insubstantial than Immersion's.

  2. #1 Reason to Settle by Phoenixhunter · · Score: 4, Insightful

    Not sure if this was because of too much confidence on Sony's end, but generally this would be the perfect example of a case worth settling out of court.

  3. Re:Millions by TheKidWho · · Score: 3, Insightful

    back when they first invented it, it was most likely something amazing and kick ass.

  4. 90 million dollars? by mp3phish · · Score: 5, Insightful

    Small potatoes.

    Why is slashdot posting a lawsuit of this magnitude but failing to post anything about the world famous (and more relevant) Lexar Lawsuit worth over $460 million and will cause a massive disruption in the supply/demand equations currently applied to the significantly growing flash USB key and card memory market?

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    1. Re:90 million dollars? by gnuman99 · · Score: 4, Insightful
      I'm in engineering, EVERY ENGINEER on the planet should understand how to make something vibrate.

      You mean they patented an unbalanced, rotating mass and they got millions for it?

  5. Re:Will it effect PS3? by DrSkwid · · Score: 3, Insightful

    I don't think removing a motor with a bit of lead attached will break any games

    I can't think of a title where the vibration is necessary for the gameplay.

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  6. [Slashdotters] gone wild! by Anonymous Coward · · Score: 5, Insightful

    " If this doesn't prove the US Patent system needs some overhauling, then I don't know what does. Hopefully this will get the big corporations involved in changing patent law, but for the better?"

    No it just proves that:

    1-Slashdotters don't read the patent.

    2-Slashdotters favour a knee-jerk response.

    3-Slashdotters don't care about one and two...so there, NYAH!

    1. Re:[Slashdotters] gone wild! by EzInKy · · Score: 5, Insightful

      No it just proves that:

      1-Slashdotters don't read the patent.


      Current research indicates that reading patents is potentially 3x more dangerous than not reading them.

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    2. Re:[Slashdotters] gone wild! by back_pages · · Score: 3, Insightful
      Stupidly obvious.

      According to the dictionary, but are you familiar with the term "obvious" as defined by 35 U.S.C. 103 and therefore how the term is used in relation to patentability? It is a completely different concept.

      What sort of dope wouldn't think of a spinning eccentric mass.

      A spinning mass to induce vibration may be an obvious detail of implementation, however the idea of a vibrating controller is not. For evidence of that, arcade games, home console games, handheld computer games, and PC computer games have somewhere in the neighborhood of 25 years of experience without any sort of "force feedback" or vibrating controller.

      The patent office does need overhauled, because the examiners are either idiots or they assume that everybody else is.

      What would make someone an idiot? Shooting off at the mouth about a topic you don't understand? I'm sincerely interested in your response.

      Both of those patents have more than a page of cited references. You could order the prosecution history to see what rejections the examiner made and how the applicant's attorneys responded to those rejections - including allegations of obviousness based upon the cited references. (Oh yes, obviousness based upon cited references is a requirement of 35 U.S.C. 103, but not a requirement of the dictionary definition of the same term.)

      I can definitely respect your opinion of the mechanical details of the invention because I could reasonably presume that you're a ME. Your knowledge of the equally complicated field of IP law appears to be none.

  7. Re:Downright Stupid by rebelcool · · Score: 3, Insightful

    A controller that vibrates isn't exactly a logical thing. Sure, many things that seem obvious NOW were at one time clever inspiration on the part of people, which then had to undertake considerable time and expense to bring to market.

    It's one thing to even think of something, and its a whole other to design and ramp up a feasible way of manufacturing and selling such an invention.

    The patent is completely valid and numerous manufacturers have licensed it for their use. Sony should've settled out of court.

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  8. are you a lawyer on the case? by rebelcool · · Score: 3, Insightful

    do you have access to information that we dont? Please share. In almost every one of these kinds of cases the company that holds the patent does in fact go to the company and attempts to get them to license it. In almost every one of these kinds of cases, the company does in fact license the patent unless for some reason their lawyers think they can get out of it.

    Apparently sony thought they could, immersion sued, and the judge ruled that immersion was right.

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  9. Re:Legitimate? Maybe... by theLOUDroom · · Score: 3, Insightful
    Apparently several companies already recognize Immersion's patent on the technology as being valid and have licensed it from them.

    This means basically nothing.

    • Step one: Get a silly patent.
    • Step two: Liscense it for virtually nothing to a few big companies.
    • Step three: Claim that the other companies having liscensed you patent is proof of its validity and demand an arbitrarily large chunk of money from all the other companies that didn't liscense your patent. Make sure this amount is completely unreasonable ($50,000,000 for something that took you one day to think of and $10,000 to patent).


    Is Sony notorious for infringing upon patents?

    Sony's notorious for being retarded, but I expect they'll ultimately win this case. They should be able to show tons of prior art in this case. See my previous post.
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  10. Re:uh by ScottyUK · · Score: 3, Insightful

    The buttons on the Xbox controller ARE also pressure sensitive to varying degrees. (As for the range of this sensitivity, I am unsure...and the black/white buttons do not appear to have it). The rear triggers on the Xbox controller are also fully analog axes, not the button arrangement you have on the Playstation controllers. I personally care for the Xbox S controller. I use the standard S and the Joytech Neo-S...both sturdier and more comfortable than any of the PS1/PS2 controllers I have. Why mention that you go to the gym with regards to the weight of the Xbox controller? It may be your personal preference to like the reduced weight, but suggesting the Xbox controllers require a good workout to pick up is slightly daft ;)

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  11. Re:uh by Hogwash+McFly · · Score: 3, Insightful

    Is the truth now regarded as flamebait?

    Yes, 99 percent of the time you could substitute -1 Flamebait with +1 Truth. However, he might have avoided that moderation if he put his point across a little more eloquently.

    As for the idea that Xbox controllers are designed exclusively for Halo, that's as much as a gross exaggeration as 'Halo is the only good game for the Xbox'. Yes, playing Halo with the Xbox feels bloody comfortable and natural, but I don't know how this equates to it being unusable for every other game, however. Come on, the differences between the three console controllers aren't that radical; look at which fingers are assigned to which buttons/pads/sticks and it's mostly spatial alignment and positioning that varies.

    Funnily enough, I quite like the original Xbox controller and it's only second to the DC one.

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  12. Retort by cgenman · · Score: 5, Insightful

    To sum up your quote, they didn't patent force feedback, they've patented having a sensor to make sure that your force feedback doesn't push too hard. And this is not a logical extension of force feedback because...? Just because it uses intentionally complicated language doesn't mean that the concept isn't simple.

    That's probably not what they're fighting over, though. It's probably one of the volumes of other patents that Immersion has recieved. Let's look at a random one, shall we? 6,563,487 describes using force feedback on the D-pad of a controller. It doesn't describe how this is any different than using force feedback on a button, but there it is. There is also force feedback for a knob (6,636,197) and the terrible idea of the vibrating touchpad (6,429,846). I guess that compliments their vibrating Laptop (6,822,635).

    Hey, here is one... (6,693,622) a patent for a vibrating mass inside of a controller, granted on February 17, 2004. 2004? Was the patent examiner in a cave? Every console shipped with vibrating controllers years before this, in exactly the manner they describe.

    There is mounds of prior art for a lot of this. The kickback in the guns in POW. Battletech centers. The wheel feedbacks in arcade and home games such as Hard Drivin', etc, etc.

    The patent system is broken. This is not just /. rhetoric. Some of the things they've patented are obvious extensions of the existing idea, and some have just mountains of prior art. Most are of the "with X" kind of patent, where they patent pretty much daily activities "with force feedback."

    We need to stop allowing patents of ideas, not implementations. A battery would be the perfect example of a classic patent, as one would have listed out the copper and various other ingredients that went into it, the chemical reactions that take place, and so on. These days, it would just be listed as "a device that stores electrical charge," and left at that to sue everyone who makes batteries, capacitors, carpets, combs, and anything else that happens to eventually fall under that umbrella.

    Heck, they patented force feedback over a computer network (6,859,819), last month, 2005. Isn't this what cybersex was supposed to be all about? Wasn't there already teledildontics at that point?

    Though maybe I'm just bitter because I work at a company which made on one of the games on the list. But these patents ring bogus to me, and I applaud Sony's efforts to fight on everybody's behalf.

    I'd also like to point out that just because someone has bought a license from SCO doesn't mean SCO has the right to sell a license. Just because Nintendo didn't fight against this doesn't mean that it is valid. And quite frankly, even if it is valid and holds up in court, it's still downright questionable. I'm guessing Immersion just set the cost of licensing the patents at a number smaller than the cost of fighting the patents in court.

  13. This is not a software patent by voss · · Score: 3, Insightful

    Patenting forcefeedback tech is not the same thing as patenting the expression of an idea, there is actual physical hardware involved. Its not "obvious" , there may be prior art but if they invented the technology...more power to them. Just because we dont like the patent doesnt mean its not valid.

    Sony is not a helpless babe here, they just have to settle their claim...and pay up some license fees.