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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.

141 of 581 comments (clear)

  1. Order Stayed by Ken@WearableTech · · Score: 4, Informative

    I believe that the judge's order has been stayed and PS2's can be sold. More Bad News for Sony

    1. Re:Order Stayed by Neruocomp · · Score: 2, Interesting

      Well hopefully it will be thrown out as well. If I remember correctly, Sony doesn't have to pay a dime as long as there is an appeal pending.

      --
      Physics is like sex. Sure, it may give some practical results, but that's not why we do it
  2. 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 hendridm · · Score: 5, Interesting
      Would it not have been easier for Sony to acquire the [Immersion Corp.] company before this mess happened?

      Perhaps that's exactly what SCO was thinking. IBM and Sony know better - succumb to blackmail once and you're an instant target for others...

    2. Re:Greed at work? by confidential · · Score: 5, Interesting

      That seemed to actually be the goal of Immersion, according to a family member who worked there until recently. They do make some cool stuff such as some really nice force feedback instruments for medical applications, but it seemed like they were horribly mismanaged and simply looking to last long enough to get their money out of SCE and MS and then run.

    3. Re:Greed at work? by Quarters · · Score: 5, Interesting
      Immersion (IMMR) has 23.72 million shares outstanding with a current share price of $5.75. If Sony had wanted to acquire Immersion they would've had to offer at least Immersions current market cap of $136.39M (US). That's assuming they wanted to buy Immersion *now*. A year ago the price would've been closer to $230M, as the share price was up around $10 in Q1 of 2004.

      While $90.7M (US) isn't chump change it less than buying Immersion out.

      That doesn't even take into account the mood of the Immersion investors. With licensing deals (either patent or SDK) in place with Microsoft, Nintendo, Logitech, and any other FF peripheral maker out there the investors might be more interested in a long term investment, not a quick buck. Sony's going to have to license Immersion's stuff, as they won't hamstring themselves in the marketplace without a FF controller, so there's more money for the IMMR investors after the $90.7M Sony judgement. I would be surprise if Sony didn't do due diligence and investigate buying IMMR. It just doesn't seem as if it would've worked for them, though.

    4. Re:Greed at work? by jaaron · · Score: 2, Interesting

      That may very well be true, but I recall that this technology was around LONG BEFORE the [PS2] console arrived.

      Perhaps, but the earlier of these two patents was filed May 1, 2000. That was the same year the PS2 came out (March for Japan, October for US) and the PS1 had a Dual Shock controller long before that. I am surprised these patents can even apply.

      --
      Who said Freedom was Fair?
    5. Re:Greed at work? by lightknight · · Score: 3, Informative

      Yeah, the Dual-Shock playstation (have the original, the dual, and the PS2). But according to the article, the Dual-Shock was also found to be infringing, not just the PS2.

      --
      I am John Hurt.
    6. Re:Greed at work? by AmberBlackCat · · Score: 2, Interesting

      It seems like Immersion definitely thought this out though. Ohhh... let's wait until they sell millions of these things before we sue them. Then we'll make millions on something we knew about long ago. Maybe there should be some kind of law against that.

    7. Re:Greed at work? by Anonymous Coward · · Score: 3, Informative

      Please note the language in the patent:"This is a continuation of application Ser. No. 09/066,608 filed Apr. 24, 1998, now U.S. Pat. No. 6,088,017 which is a continuation of application Ser. No. 08,565,102 filed Nov. 30, 1995, abandoned.

    8. Re:Greed at work? by EulerX07 · · Score: 3, Interesting

      I'm not a big wallstreet kinda guy, so go easy on me. I have a question:

      Couldn't they have only bought 51% of the voting shares, and then drop the lawsuit?

    9. 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.

    10. Re:Greed at work? by damsa · · Score: 4, Informative

      It's called laches and it's an affirmative defense. http://www.lectlaw.com/def/l056.htm

    11. Re:Greed at work? by Thing+1 · · Score: 4, Interesting
      That's known as a submarine patent, and they were invalidated some time ago (a few years, I think): patents are now granted at the date of first filing, not the date of granting, so if a company uses a submarine technique over the course of 10 years, then they'll only have 7 years to fuck the rest of with.

      But even a day is too long, so it hasn't been completely stamped out yet. (And won't be, at least until we're all off the planet and the control freaks can inherit the Earth from the meek.)

      --
      I feel fantastic, and I'm still alive.
    12. Re:Greed at work? by El+Camino+SS · · Score: 4, Interesting


      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.

      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.

      All we ever see is giant corporations abusing patents against other corporations. When a smaller business gets infringed by a global, unlimited funds company that is trying to stay ahead of innovation and still make a quarterly report that has enourmous expectations, then you call foul?

      Not the best call there my friend.

      I for one, don't call bullocks on this one.

    13. 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.

    14. Re:Greed at work? by idlake · · Score: 4, Informative

      If it was a scam, wouldn't you think that a good set of lawyers would be able to litigate out that point?

      No, you wouldn't. The patent system has genuine holes in it that allow companies to abuse it, and there is not a damned thing even the smartest lawyer can do about it.

      When a smaller business gets infringed by a global, unlimited funds company that is trying to stay ahead of innovation and still make a quarterly report that has enourmous expectations, then you call foul?

      Well, I think what one calls it should depend on the details of the patent. I don't know the details of this patent, but I do know that this company did not invent force feedback, not even in game controllers. So, the question is: can you make a good argument for why their patent should be valid? What is the actual novelty contained in their patent? Those are, in fact, I think the first questions we should ask when a patent gets litigated; it's an unfortunate error in our patent system that patents are automatically presumed valid and enforceable when granted.

    15. Re:Greed at work? by Andy_R · · Score: 3, Informative

      To buy 51% of a company, you need 51% of the shareholders to be willing to sell to you. The share price quoted on the stock exchange is actually the price of a very small percentage of a company's shares, those that people are currently trying to sell.

      The other people will only sell their shares when they are happy with the price offered, they are under no obligation to sell at the stock exchange price.

      As soon as it becomes clear that someone is trying to buy a large number of shares, supply and demand kicks in, and the price starts to rise, and everyone becomes a lot less keen to sell, since they now own an investment that is rapidly increasing in value, which makes it very, very expensive to purchase a company this way.

      --
      A pizza of radius z and thickness a has a volume of pi z z a
    16. Re:Greed at work? by greed · · Score: 2, Funny

      Of course I'm at work, why else would I be reading slashdot?

  3. Well.... by methangel · · Score: 5, Funny

    Does this mean that vibrators are now infringing on their patent? They vibrate, and they are used in various games I play.

    Muaha.

    1. Re:Well.... by O-SUSHi · · Score: 5, Funny

      I can only assume because you're on /., that these 'games' you speak of are single player.

      --
      Remember children, all generalizations are wrong.
    2. Re:Well.... by _Sprocket_ · · Score: 2, Funny

      Sure. They let YOU in... then others are gonna want in... and so on. Look - not everyone likes the Massively Multiplayer genre despite what you might see on the 'net.

    3. Re:Well.... by C0rinthian · · Score: 4, Funny

      Yes there are! And all their names end in ".jpg" or ".gif"

  4. Stop selling the PS1 and PS2 by Anonymous Coward · · Score: 5, Funny

    Yeah I bet that was a Dualshock.

  5. #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.

  6. Will it effect PS3? by chrispyman · · Score: 2, Interesting

    Seeing as how the PlayStation 3 will most likely be backwards compatible with the earlier two and that it should be fairly late in the development stage, couldn't this have a fairly wide reaching effect on the PS3?

    1. 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.

      --
      There are places where the networks are not touching,and there are places where they are-Boeing's Lori Gunter
  7. Downright Stupid by RichiP · · Score: 3, Interesting

    Forgive my saying so, but that's the wackiest thing I've ever heard. I like the idea of patenting inventions alright (I myself have some designs I would like to patent), but I would dearly like to see patents for things that would make one go "Wow! I would never have thought to do it that way" or "Damn! She must've spent months coming up with that design".

    There's nothing about the PS/PS2's controller design that would make me think "Patent!"

    Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

    Idiots.

    1. Re:Downright Stupid by Pendersempai · · Score: 2, Informative

      "Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work."

      You realize, don't you, that this would be nigh impossible to prove except in the most contrived of examples? You can't prove that someone else did not think of something. If you're in favor of just dismantling patent law altogether, since that's what your proposal would do, then just say so.

    2. 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.

      --

      -

    3. Re:Downright Stupid by mark-t · · Score: 3, Informative
      Independant invention won't protect something from a patent dispute. If person A patents a technology that person B independantly also invents, then B will have to arrange licensing with A before he can do anything with it.

      That's the way the patent system works. That's the way it was _designed_ to work.

    4. Re:Downright Stupid by theLOUDroom · · Score: 2, Informative

      From reading the article in the posted link in the parent it is obvious that Immersion did own most of the so called prior art thus negating the argument.

      It doesn't matter who owns the prior art.
      If it did, it would be trivial to have a neverending patent on a device, all you'd have to do is make a trivial change and re-patent it every ten years. You'd always own the prior art.

      The suit against sony was based on newer patents of updated technologies developed by immersion and licensed by almost all of the other counsole and third party add-on manufactures.

      A. If the "updating" is obvious, it's not patentable.
      B. Liscensing on its own doesn't really say much about the validity of a patent. See my previous post in the thread regarding this.

      --
      Life is too short to proofread.
    5. Re:Downright Stupid by cpt+kangarooski · · Score: 3, Informative

      I like the idea of patenting inventions alright (I myself have some designs I would like to patent), but I would dearly like to see patents for things that would make one go "Wow! I would never have thought to do it that way" or "Damn! She must've spent months coming up with that design".

      That is the nonobviousness requirement, more or less. Basically, to be patentable, an invention must not have been obvious to a person having ordinary skill in the art, at the time it was made. Obviously, inventions that are obvious in hindsight might still be patentable.

      Oh, and the degree of labor is irrelevant; who actually cares if someone comes up with an invention after months or years of labor, or in a single flash of insight?

      Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

      This is completely wrong. It doesn't matter whether someone independently invents something; it can still infringe. Patents are broad that way. Plus, given that they're all disclosed in publicly viewable records, it's not the fault of the inventor if you didn't look through them to see what had been invented and patented already.

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
    6. Re:Downright Stupid by aussie_a · · Score: 2, Interesting

      B. Liscensing on its own doesn't really say much about the validity of a patent. See my previous post in the thread regarding this.

      No, but once you add in winning a lawsuit (which Immersion has done) it sure helps.

    7. Re:Downright Stupid by theLOUDroom · · Score: 3, Funny

      They're a multi-billion dollar international company. I'm sure that they had a competent lawyer, who attempted to get the patent ruled invalid.

      You would think so, but these are the same guys who came up with memory stick.

      --
      Life is too short to proofread.
  8. Stand by... by __aaclcg7560 · · Score: 2, Interesting

    Just wait for the flood of stories that the video game industry is doomed if Sony can't sell their consoles. I wonder how many game companies will cite this court action for why they can't make money in their stock filings and/or can't treat their slaves... uh, workers... better.

    On the flipside, if this allows Nintendo to get their foothold onto the market at Sony's expense, I wouldn't mind. :)

    1. Re:Stand by... by SetupWeasel · · Score: 2, Informative

      No, Nintendo has patents for vibration that predate the Immersion patent. Looking at the design of the rumble pack for the N64 and the GC controller it seems that the vibration is implemented differently.

      The last paragraph of this article deals with the Nintendo question.

  9. What is the patent? by JonLatane · · Score: 2, Insightful

    What exactly is the patent? Is it on something like "input devices using vibration technology to provide tactile feedback in applications" or something like that? And if that's the case, wouldn't Nintendo's Rumble Pak easily be prior art? I can't help but notice they haven't sued Nintendo yet (at least to my knowledge).

    1. Re:What is the patent? by Pepsi__Blue · · Score: 2, Informative

      I may be worng, but I believe the patent had to do with computer control of motors as haptic technology. In the rumble pack the motors are on or off, whereas in the Playstation and X-box the motors can be controlled providing various sensations.

    2. Re:What is the patent? by Veldcath · · Score: 2, Informative

      Actually, wouldn't many of the original gun games (I seem to recall a certain game in the student union back in the late 80s or early 90s that had an UZI that you pointed at the screen to aim and when you pulled the trigger it shook. Or more recent gun-games where the gun is connected by a cord and the gun still shook?

      The problem is about HOW the controller shakes. Open up an XBox controller or the like and you'll find a small electric motor with an off-center hunk of metal on the shaft. There's a pair, one with a smaller and one larger hunk, and they each shake independantly or together to provide small, medium and large shaking.

      The patents have to do with shaking by offset hunks of metal on rotating shafts. If the rumble-packs that Nintendo had don't fit that description, then they don't violate these patents. Plain and simple.

      --


      ... "I read part of it all the way through." -- Movie Mogul Sam Goldwyn (and some slashdot readers)
  10. Re:Millions by TheKidWho · · Score: 3, Insightful

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

  11. 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?

    --
    Your ignorance is infinitely greater than you realize.
    1. Re:90 million dollars? by Hogwash+McFly · · Score: 4, Funny

      What about the even bigger news that 'Lexar Lawsuit' has been named as the villain in the upcoming Superman movie?

      --
      Mother, do you think they'll like this sig?
    2. Re:90 million dollars? by UlfGabe · · Score: 2, Interesting

      i do not know all of the details but a quick read says that "secrets were stolen when person x sat on the board of company y, then moved to company z and used those secrets to create a new product."

      different here.

      this was a submarine patent.

      PURE BS

      I'm in engineering, EVERY ENGINEER on the planet should understand how to make something vibrate.

      I'll even go ask my 65 year old prof! i'll bet hes never used a ps2, but im damned sure he could say how to do it.

      --
      Check journal for info on Anti-TextBook, an idea by me.
    3. 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?

  12. Re:SCO by t_allardyce · · Score: 2, Funny

    Shhhhhhhhhh!

    jeez why don't you just hold a sign up for them?

    --
    This comment does not represent the views or opinions of the user.
  13. Re:Patents gone wild! by TheKidWho · · Score: 2, Informative

    It's a legitimate patent I would say. Just because your so damned used to vibrating controllers doesn't negate the fact that immersion had the patent before Sony introduced their dual shock controllers.

  14. [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.

      --
      Time is what keeps everything from happening all at once.
    2. Re:[Slashdotters] gone wild! by lightknight · · Score: 2, Insightful

      Only if the patent applies. This is akin to reading the patent, figuring that you can get away without a license, then acting all surprised when you get caught. Getting the license in the first place is the cheapest option (not researching or researching and blowing it off).

      --
      I am John Hurt.
    3. Re:[Slashdotters] gone wild! by ikkonoishi · · Score: 2, Funny

      Open letter to all Slashdotters.

      Keep your shirts on please.

      Sincerly,
      The Management.

    4. Re:[Slashdotters] gone wild! by bman08 · · Score: 3, Funny

      the image of thousands of pasty man-boobs flopping around in the pale flicker of computer monitors has scarred me for life. thanks.

    5. Re:[Slashdotters] gone wild! by bgalehouse · · Score: 3, Informative
      I read the patent. One of them at least: 6,424,333. Stupidly obvious. Suppose I took a random person with a slight amount of mechanical engineering experience, and asked him or her to design a vibrating controller. What sort of dope wouldn't think of a spinning eccentric mass. Especially in 2001 when the same design has be used in vibrators at least since, oh, what, 1950 or something? But I suppose that if you cannot patent the idea of a vibrating controller, then patenting the one particularly obvious implimention is second best.

      The patent office does need overhauled, because the examiners are either idiots or they assume that everybody else is. This patent is a perfect example of the fact.

    6. 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.

  15. Re:Patents gone wild! by Neruocomp · · Score: 2, Interesting

    Yes well that might be true, but then why didn't they tell Sony about this at the beginning, I'm sure they would have made more money by getting Sony to license the technology from them instead of through a lawsuit.

    --
    Physics is like sex. Sure, it may give some practical results, but that's not why we do it
  16. Empty article by Scrameustache · · Score: 4, Informative
    That was brief.

    Here's what gamespot has to say on this.
    On Monday, a California judge ordered Sony to pay Immersion a licensing fee of 1.37 percent per quarter based on the sales of PlayStation units, Dual Shock controllers, and a selection of PlayStation 2 games that use Immersion's technology.
    --

    You can't take the sky from me...

  17. I'm in shock! by majorbabu · · Score: 2, Interesting

    Whoa! How come this wasn't on the news. You guys think this source is legit? This is quite a huge news story, but I just havn't come across it anywhere else. This looks like a job for http://www.picsorstfu.com/ Hehe, just kidding around, but I would feel more comforted if the post was from a well-known news source.

  18. Prior Art: My car by AngstAndGuitar · · Score: 4, Funny

    My car vibrates depending on road conditions and engine RPM,
    Would this not be "vibration for tactile feadback"? it's 15years old, so I bet it's prior art....

    --
    Less look fast, more go fast.
    1. Re:Prior Art: My car by Keeper · · Score: 2, Insightful

      Patents cover the invention, not the effect of the invention.

  19. Immersion's patents by kristan · · Score: 5, Informative

    Before everyone goes mental saying "what is there to patent on a vibrating controller" you should have a better understand of what Immersion's patents (and thus suit) covers. Immersion's patents relate to giving developers very fine-grained control over the motors driving the "vibration units" in things such as pagers, mobile phones, and yes game controllers. In particular they allow you to do more than just have "off/on" control. Play a game like Gran Turismo and you'll see what I mean - you really can feel the terrain (and your car's grip or lack of) through the Dual Shock controllers - they aren't simply in an on-off mode.

    That is what the patents cover, and you'll notice that Microsoft have already settled with Immersion over a similar suit.

    --
    --- There's no place like 127.0.0.1
    1. Re:Immersion's patents by Anonymous Coward · · Score: 2, Interesting

      That variable speed motors existed is irrelevant, where they used in controllers under software control prior to 1994 would be the question. Silicon was known before the transistor as well, but I think all but a few would say that the transistor did not deserve a patent!

    2. Re:Immersion's patents by kd5ujz · · Score: 2, Informative

      I belive it was the forces feedback sidewinder joysticks/ game pads.

      --
      -William
      God is everything science has yet to explain.
    3. Re:Immersion's patents by Anonymous Coward · · Score: 2, Informative

      There were computer controlled robotic manipulators in the 70-80's that allowed for force feedback to a human operator... They were used for handling toxic and nuclear materials in a clean room environment. I know, I seen one, and talked to the operator. Heavy objects "weighed" more to the operator. This was done in part to allow the operator to know the strain of the robot, so he wouldn't damage it, and in part to give him greater accuracy and repeatability.

      In the movie "Dave" (1993), there is a short scene in which the lookalike president is controlling TWO such machines (they may or may not have had force feedback, it's impossible to say)

      Infact, come to think of it, there's one that looked EXACTLY like the one I saw in the 1971 movie Andromeda Strain. Looks alot like the manipulator on the Space Shuttle.

    4. Re:Immersion's patents by NanoGator · · Score: 2, Interesting

      "Yes but take a look at all the other toys out there such as joy sticks that have this fine control. I ahve a logeth force feedback stearing weel and there force feedback stearing weel. The idea of controling the vibration to a fine degree is nothing new at all"

      Seeing as how the patent goes back to 93, are you sure you can continue saying "nothing new"? Do you know for sure that Logitech didn't license the technology?

      --
      "Derp de derp."
    5. Re:Immersion's patents by ThosLives · · Score: 2, Interesting
      I don't think this is a "prior art" issue. I think this is an "obvious to those skilled in the art" issue.

      Granted, prior art is a lot easier to prove, but more patents fail the "obviousness" test than the prior art test. The problem with the patent system is that they seem to have forgotten that patentability is not merely "is there prior art?" but "is it useful, novel, and unobvious to those skilled in the art?" Yes, two of those three are subjective, but those are the more imporant of the two in my opinion.

      --
      "There are a dozen opinions on a matter until you know the truth. Then there is only one." - CS Lewis (paraprhase)
  20. non-issue I think by Anonymous Coward · · Score: 2, Insightful

    Nintendo paid to have the 'rumble' technology developed by this company. While Microsoft avoided lawsuit by "licensing" it from them the only way MS knows how. Buy into them. Sony has just kept thumbing their nose, and its gonna hurt them to the tune of $90 million. Assuming Sony doesn't win some "its not the samething" patent appeal. I expect this to be in our court system well into the next decade. I mean come on! It is cheaper for Sony to spend $90 million on lawyers to keep this in the courts over the next 5 years than it is to pay the $90 million now.

  21. 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.

    --

    -

  22. Do patents make sense? by Ulrich+Hobelmann · · Score: 2, Interesting

    Wow. I've always been against software patents, in much the same way I am against music, art, literature, and poem patents. (If you are paranoid people might steal your precious IP: there's always copyright for that.)

    But now we begin to see examples of braindead hardware patents, as well. People: it's a GAME CONTROLLER! *Nothing* in it is rocket science.

    Some things about humans:
    * they are creative
    * that means they might invent something
    * more than one person might come up with the same idea, independently
    * usually that's fun, so people will invent, even without incentives (like patents)
    * there is nothing that justifies that just because I come up with an idea first, everyone else should be forbidden to use that some idea without paying me royalties

    So why do we have patents at all? Innovating is fun; innovating pays, even if other companies clone your product. Quit the patent nonsense; abolish the very concept!

    (Besides it goes against the very principles of liberalism, the core of most Western societies! Me gaining a monopoly on an idea infringes on another human's freedom to express and implement his/her own ideas.)

  23. Total BS.. by iamsure · · Score: 4, Informative

    There is nothing out of touch about the ninth circuit court.. you need to stop drinking the koolaid:

    The court is considered by some to have an overly liberal bias, but arguably a majority of its judges are conservatives. While 17 judges have been appointed by Democratic presidents, 5 of those are solid conservatives. Thus only 12 of the Democrat-appointed judges are liberals or moderates, potentially leaving the remaining 15 as conservatives.

    It is often called "the most overturned appeals court in the United States", but this is mostly a product of its high caseload. On a percentage basis, the circuit is not overturned much more than any other. (Indeed, in 2003 it had the least reversal rate of any appeals court with more than five cases reviewed.

    http://en.wikipedia.org/wiki/United_States_Court _o f_Appeals_for_the_Ninth_Circuit

  24. The orders and patents... by jaaron · · Score: 4, Informative
    Here's actual text of the orders (picked up from engadget.com):

    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

    IMMERSION CORPORATION, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY COMPUTER ENTERTAINMENT, INC., and MICROSOFT CORPORATION,
    Defendants.

    No. C 02-0710 CW

    JUDGMENT

    This action came on for trial before the Court, the Honorable Claudia Wilken, United States District Judge, presiding, and the issues having been duly tried and the Jury having duly rendered its verdict as to the claims presented to it, and the Court having entered its findings as to the defense of inequitable conduct,

    IT IS HEREBY ORDERED:

    That judgment is entered in favor of Plaintiff Immersion Corp. (Immersion) against Defendants Sony Computer Entertainment America, Inc., (SCEA) and Sony Computer Entertainment, Inc., (SCEI) (collectively Sony) on Immersion's claims of infringement of U.S. Patent Nos. 6,424,333 and 6,275,213. Judgment is also entered in Immersion's favor on Sony's counter-claims for declaratory judgment of non-infringement. Immersion shall recover of Defendants SCEA and SCEI jointly and severally the amount of $82,000,000.00. This sum shall be paid directly to Immersion forthwith; no escrow account is required. In accordance with the portion of the Court's January 10, 2005 order awarding Immersion pre-judgment interest at the prime rate, Immersion shall recover of Defendants pre-judgment
    interest in the amount of $8,703,608.00.1 Immersion shall recover its costs from Sony.

    In a separate order, the Court also issues a permanent injunction against Sony, stayed pending appeal to the Federal Circuit, and a compulsory license fee for the duration of the
    stay.

    IT IS SO ORDERED.

    Dated: 3/24/05

    CLAUDIA WILKEN
    United States District Judge

    IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

    IMMERSION CORPORATION, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY COMPUTER ENTERTAINMENT, INC., and MICROSOFT CORPORATION,
    Defendants.

    No. C 02-0710 CW

    ORDER ENTERING PERMANENT INJUNCTION AND GRANTING DEFENDANTS' MOTION TO STAY INJUNCTION PENDING APPEAL

    For the reasons set forth in its January 10, 2005 Order, and having entered judgment in favor of Plaintiff Immersion Corp. (Immersion), the Court hereby PERMANENTLY ENJOINS Defendants Sony Computer Entertainment America, Inc., (SCEA) and Sony Computer Entertainment, Inc., (SCEI) (collectively Sony) from manufacturing, using, and/or selling in, or importing into, the United States the infringing Sony Playstation system, including its Playstation consoles, Dualshock controllers, and those games found by the jury to infringe. [FN1: The jury found that the following games, in conjunction with the Playstation consoles and Dualshock controllers, infringed either the '213 patent, the '333 patent or both patents: A Bug's Life; Amplitude; Ape Escape; Atlantis: The Lost Empire; Bloody Roar 2; Cool Boarders 3; Cool Boarders 4; Cool Boarders 2001; Crash Bash; Crash Team Racing; Drakan: The Ancients' Gate; Emperor's New Groove; Extermination; FantaVision; Final Fantasy X; Formula One 2001; The Getaway; Gran Turismo; Gran Turismo 2; Gran Turismo 3; Grand Theft Auto: Vice City; Grand Theft Auto 3; Grind Session; ICO; Jak & Daxter; Kinetica; Kingdom Hearts; Legend of the Dragoon; The Mark of Kri; Medal of Honor Frontline; Medievil 2; Metal Gear Solid 2; Monster's, Inc.; Sly Cooper and the Thievius Racoonus; SOCOM Navy Seals; Speed Punks; Spyro: Ripto's Rage; Spyro: Year of the Dragon; Stuart Little 2; Syphon Filter 2; Syphon Filter 3; Tony Hawk's Pro Skater 3; Twisted Metal: Black; Twisted Metal 4; Twisted Metal: Small Brawl; Treasure Planet; and War of the Monsters.] As described in the January 10 Order, no recall is required of products already sold, but Sony will pay a license fee on all products already placed in the stream of

    --
    Who said Freedom was Fair?
    1. Re:The orders and PATENTS... by bigwillystylie · · Score: 5, Interesting

      http://www.klov.com/game_detail.php?letter=H&game_ id=8072

      This good enough for you? The force feedback was primitive but you could feel changes in resistance when turning corners, steering would get soggier when leaving the track. I remember wasting loads of time on this when I was a kid. The date says 1989 but I am sure they were around earlier than that in the UK.

  25. Re:It was originally for 82M.. by sebi · · Score: 2, Informative
    I wonder where the extra 8.7M fits it?

    Interest.

    [...]In accordance with the portion of the Court's January 10, 2005 order awarding Immersion pre-judgment interest at the prime rate, Immersion shall recover of Defendants pre-judgment interest in the amount of $8,703,608.00.1 Immersion shall recover its costs from Sony.

    (found that here.)

  26. Early Vibration Tech by DanMc · · Score: 5, Interesting

    I eventually take apart every toy I get. I've taken apart dozzens of game controllers, and the first time I opened up a vibrating controller, I saw something I'd seen before. A cheap little DC motor with an unbalanced weight on the rotor. The first time I'd seen this was in the Milton Bradley board game, Operation. The little motor did a pretty good job of making an "electric shock" noise, and the vibration discouraged you from bracing the palm of your hand or other hand on the board while plucking the little bones out. http://www.hasbro.com/operation/

    1. Re:Early Vibration Tech by FuturePastNow · · Score: 3, Informative

      Sony sells Dual Shock controllers in different colors as PS2 accessories. You can see the motors and the weights in the translucent models, no need to disassemble.

      --
      Give a man fire, and you warm him for the night. Set a man on fire, and you warm him for the rest of his life.
  27. Re:SCO and Godwin's law by AwenAnam · · Score: 5, Funny

    I think it's time to invent Godwin's law part II, "any conversation held long enought in Slashdot will inevitably end with someone comparing the whole matter to SCO or Microsoft, and it will mark the end of the conversation for reasonable people"

  28. The patents by jaaron · · Score: 5, Informative

    Links to the patents: 6,424,333, 6,275,213.

    --
    Who said Freedom was Fair?
  29. Re:Patent by jonwil · · Score: 4, Interesting

    When was this patent granted and would all those "force feedback" effects in various arcade cabinets (e.g. Outrun I know had it) count as prior art or a violation (depending on when the patent was granted)?

  30. Why just Sony? What about the other two? by jerkychew · · Score: 2, Interesting

    Xbox and GC both have force feedback in their controllers (not counting the wavebird). Why aren't they in trouble as well? The article was extremely light on details, does anybody have more info?

    1. Re:Why just Sony? What about the other two? by Anonymous Coward · · Score: 5, Informative

      because the patent refers to a specific implementation of the vibration technology. Microsoft licensed it. Nintendo's rumble pack is a completely different hardware technology that was developed independantly (and a year earlier) from Immersion's "haptic" force-feedback solution. You can get controllers that use Immersion's solution for GC from Logitech.

  31. Patent vs. copyright by Mr.+Underbridge · · Score: 2, Insightful
    Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

    You're confusing copyright and patent (don't feel bad, everyone else on this site does too). Patents are mutually exclusive and broad. They could have copyrighted their design, and sony still copyrighted theirs.

    However, this might show how low the threshold for patents is these days.

  32. Re:uh by RichardX · · Score: 2, Informative

    y'know you can get adapters to hook the old SNES pads up to USB on your PC? In fact, you can get something like that for just about every old console out there.

    Here y'go.. a quick google turned up a SNES one here at Lik Sang

    --
    Curiosity was framed. Ignorance killed the cat.
  33. X-box controllers hit also. by Pepsi__Blue · · Score: 3, Informative

    Yeah, but remeber, Microsoft got hit also( From Immersion's web site) so its not just the dualshock controllers. As this article mentions, Microsft ended up licensing the technology (and became a shareholder, although this isn't mentioned).

  34. Your attitude is absurd. by Cadallin · · Score: 2, Interesting
    You might as well be moaning that "jews control the banks, and blacks are coming to take my shit"

    It's business that controls everything, big business. It's ignorant suits with an MBA, not people that have worked 8-10 years on a law degree, that you should be afraid of.

    But the suits have been VERY effective at convincing dipshits like you that lawyers and doctors, and other highly educated people are to blame.

    1. Re:Your attitude is absurd. by cpt+kangarooski · · Score: 2, Informative

      8-10 years?

      A JD is typically acquired in 3 years. I got mine in 2 1/2 by going to summer school. Some people take night classes and get their degrees in 4 years.

      I'd probably be a bit afraid of someone who worked 8-10 years on their JD. (Frankly, that's a long time for a JD, LLM, and SJD together!)

      --
      -- This and all my posts are in the public domain. I am a lawyer. I am not your lawyer, and this is not legal advice.
  35. Arcade driving games by AC-x · · Score: 2, Interesting

    When was this patent taken out?

    I remember a lot of old arcade driving games that had force-feedback on steering wheels, if the patent was taken out after they came out then that'd be pretty good prior art I'd think.

    Also of course for a long time on aeroplanes the control stick used to have a shaker to warn pilots of a stall, I guess that'd probably count as prior art too.

  36. Nintendo by mcc · · Score: 4, Interesting

    Nintendo is not a licensee of Immersion, and as far as I can gather they are not going to be because their rumble controllers do not work the same way as Microsoft's and Sony's. Nintendo is using independently developed technology that does not seem to be covered by Immersion's patents and in fact as far as I can tell predates it.

    1. Re:Nintendo by Elranzer · · Score: 2, Insightful

      True. It's probably a version of the Rumble Pak they used in the N64 starting with Star Fox 64. If anyone remembers correctly, the N64 Rumble Pak was video gaming's first force feedback device.

    2. Re:Nintendo by payndz · · Score: 4, Informative
      It's probably a version of the Rumble Pak they used in the N64 starting with Star Fox 64. If anyone remembers correctly, the N64 Rumble Pak was video gaming's first force feedback device.

      I used to be a game journalist, and when the Rumble Pak first came out, a lot of gamers wondered why Nintendo didn't make a controller with vibration functions built in - especially after the PS1 DualShock appeared. The word from Nintendo back then was that someone had a patent on FF in a controller - but an extra device that plugged into a controller wasn't covered by the patent.

      What that means for Nintendo now with the GC controller and this case, I don't know.

      --
      You must think in Russian.
    3. Re:Nintendo by KDR_11k · · Score: 2, Informative

      Someone else mentioned that Nintendo uses a different approach to rumble (the unbalanced weight is inside the motor, not attached to it).

      Additionally, Nintendo patented the GC controller as a continuation of the RumblePak patent.

      This application is a continuation of application Ser. No. 09/250,160, filed Feb. 16, 1999, now U.S. Pat. No. 6,200,253 which is a continuation of application Ser. No. 08/727,239, filed Oct. 8, 1996, now U.S. Pat. No. 5,897,437. The contents of the prior applications are incorporated by reference herein.

      --
      Justice is the sheep getting arrested while an impartial judge declares the vote void.
    4. Re:Nintendo by PhotoBoy · · Score: 2, Informative

      So Nintendo has a patent for an external rumble device, and the GC controller is an extension of this patent?

      Presumably this means the GC controller is a rumble pack with a joypad built-in rather than a joypad with rumble built-in... ;)

  37. Re:uh by mp3phish · · Score: 2, Interesting

    I have to agree with you on that one. XboX controllers pretty much suck the big one. Every time I pick it up I feel like I'm holding a fisher price remote control for a 5 dollar toy.

    I typically don't play XboX but when I do I try to use the Logitech controllers for it.

    --
    Your ignorance is infinitely greater than you realize.
  38. Immersion's sneaky PR campaign (suspected but not by fruitbane · · Score: 2, Interesting

    Wow, I suspect Immersion is doing some anonymous "advertising," because on every major site that discusses this verdict there's always a post from a user who's only ever made one post that's very well-worded and praises Immersion from on high about their sensitive vibration technology.

    Immersion technology may well be a darned cool thing, but this kind of pandering is absolutely sickening. Its just like the whole Microsoft "grass roots" campain from a few years ago, where all the letters sent were penned, essentially, by Microsoft.

    *sigh* If Immersion's so darned paranoid about the hostile feelings this case is sowing against them why don't they do a little PROPER PR instead of having lackies post in forums like these. Shouldn't those posts they've seeded contain official disclaimers or something?

  39. Re:April the First is Friday by the_greywolf · · Score: 2, Interesting

    the difference here, though, is that Budweiser *SHOULD* be ordered to stop selling colored water.

    --
    grey wolf
    LET FORTRAN DIE!
  40. Explanation by MBraynard · · Score: 5, Informative
    Really makes /. look bad for someone to get modded up for saying "Gee, this really demonstratess the problems with the patent system in the US."

    Here are a few Bullet Points:

    • Immersion doesn't just do vibrating controllers. They also create technologies for industry, medicine, research, the automotive field, and mobile communication.
    • They've been around since 1993 though the oldest patent was from 1990 for tactile sensory. The Force Feedback patent was from 1993. It's not simply virbration but a calculation using both the action on a device from the human and the intended force of the divice on the human. Read it here:

      A man-machine interface is disclosed which provides force and texture information to sensing body parts. The interface is comprised of a force actuating device that produces a force which is transmitted to a force applying device. The force applying device applies the generated force to a pressure sensing body part. A force sensor on the force applying device measures the actual force applied to the pressure sensing body part, while angle sensors measure the angles of relevant joint body parts. A computing device uses the joint body part position information to determine a desired force value to be applied to the pressure sensing body part. The computing device combines the joint body part position information with the force sensor information to calculate the force command which is sent to the force actuating device. In this manner, the computing device may control the actual force applied to a pressure sensing body part to a desired force which depends upon the positions of related joint body parts. In addition, the interface is comprised of a displacement actuating device which produces a displacement which is transmitted to a displacement applying device (e.g., a texture simulator). The displacement applying device applies the generated displacement to a pressure sensing body part. The force applying device and displacement applying device may be combined to simultaneously provide force and displacement information to a pressure sensing body part.

    • Who has liscenced technologies from Immersion? BMW - for their I-drive. Logitech for all of their FF devices. Nintendo for their Game Cube controller. MS for their controller-S. And Boeing. And Seimens.
    • MS worked with Immersion to develop FF into the Direct X API in 1997.
    • Apple similarly worked with Immersion to develop a FF API for OS X.

    I recall being a kid back in 1993 and going to a shopping mall and visiting EB games. They had this demonstration joystick that you could set to have different sensations and they were very real. Everything from flying to firing a machine gun. That was the technology that they made possible. Sony will have to learn to play ball if they use patented techology. It may be in a US court, but Immersion also has a patent for the same technology in Japan and IIRC, the US has harmonized it's patent system internationally.

    1. Re:Explanation by rebelcool · · Score: 2, Insightful

      remember, a 2 paragraph article makes everyone on slashdot both intimately familiar with the specifics on a case, but also a patent lawyer.

      ah to be 13 (or mentally 13) again...

      --

      -

  41. N64 Rumble Pack by LostCauz · · Score: 2, Insightful

    Didn't the Rumble Pack come out in 1996? I guess that might not violate these patents (I never owned one, anyone who does...does it have more than one speed?) but does the big N have a patent on that? If they do, can't they modify their patent to get rid of this Immersion BS for the good of everyone? I thought you could do that with patents..."update" them...

    1. Re:N64 Rumble Pack by NanoGator · · Score: 2, Informative

      "Didn't the Rumble Pack come out in 1996? I guess that might not violate these patents (I never owned one, anyone who does...does it have more than one speed?)"

      The Rumble Pak was a seperate unit that had to be plugged into the controller. Nintendo won that battle because of that key difference.

      --
      "Derp de derp."
  42. 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.
    --
    Life is too short to proofread.
  43. Re:Let me be the first to say... by s4m7 · · Score: 2
    Maybe this is the American court systems payback for the E.U. trying to sue the crap out of Microsoft.

    Yeah, I can really see how the American court system granting judgement to an American company against a Japanese one really sticks it to the E.U.

    ...uhh.. what?
    --
    This comment is fully compliant with RFC 527.
  44. Re:uh by dindi · · Score: 2, Insightful

    i personally CARE for the dualshock, i even play some titles on xbox with my playstation controller ..

    while the xbox has a good idea of having a long travel analog button at the pointing fingers, it makes the hube mistake of wasting 2 fingers just hanging below ....

    sony has all buttons on the controller 8bit sensitive (256 levels of sensitivity) while as far as i know the S-type does not ...

    also having the 2 joys in an asimmetryc manner is a baad-baad idea, however you can get used to it ...

    the dual shock is also half the weight (i go to the gym, so don't start with i'm not strong enough to hold that S-brick stuff)

    i think something like the dual controller, with S-style pull triggers. +6 other buttons for the 2x3 fingers would give a big kick to fighting games ... hey if i could have a few buttons for the legs (2 pedals + some other stuff)

    or do i wish i was an octopus ?

    well a bit off topic ....
    i am upset, i have my duals, and probaly here in costa rica i will be able to buy them for some time .. but to be safe i might just buy an extra one :)

    and again, why to patent a HID (human interface device) ... these should be "open source" things that should be used and improved by anyone .....
    shame on that law system again

  45. Re:Patents gone wild! by canajin56 · · Score: 2, Interesting

    Lets see now. The patents were filed for, not awarded, but filed, in April 2001, and May 2000.

    Sony started selling their dualshock analong controllers in April of 1998. Legitimate or not, Sony was selling these "infringing" devices 2 years before the other company even applied for a patent on them.

    --
    ASCII stupid question, get a stupid ANSI
  46. Could sony hold prior art? by pomac · · Score: 3, Informative

    Dualshock was available for PS1 aswell. I remember playing Ape Escape with it. Now ape escape was released on 05/31/1999 according to gamespot. And the pattents i have seen mentioned was filed:
    Filed: April 18, 2001
    Filed: May 1, 2000

    They however seem to be holding earlier patents aswell but they aren't mentioned in the suit and are thus void(?).

  47. Actually by Altima(BoB) · · Score: 4, Informative

    You guys are a bit too late...

    These guys thought of it first... (Note, saucy picture, oohh!)

    --
    Yup...
  48. 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 ;)

    --
    Nice weather for penguins...
  49. Re:my 2 cents. by WhiteBandit · · Score: 2, Funny

    sounds like its gonna cost sony about as much as I throw out the car window as i pass by hookers

    $90.7 million dollars???

    Pardon me, but do you mind if I pretend to be a hooker while you drive by?

  50. Submarine patents predate prior art by Robin+Lionheart · · Score: 4, Informative

    Yes, Dual Shock controllers came out with the first Gran Turismo, released on December 23, 1997.

    Even though the infringed patents #6275213 and #6424333 were issued on August 14, 2001 and July 23, 2002 respectively, they're "submarine patents" originally filed on November 30, 1995.

    Until 2003, US patent filers could request repeated continuations to intentionally delay issue of a patent for years, until a practical implementation of a technology appeared. Then they they let their submarine patent surface and collect royalties for 17 years from the issue date. (In 2003, the rules changed so that patents now last 20 years from the filing date.)

    1. Re:Submarine patents predate prior art by Anonymous Coward · · Score: 5, Informative

      Parent is wrong in almost every respect. The moderators need to be shot.

      In 1994 the rules changed so that patents received one of two possible terms of protection: 17 years from date of issue, or 20 years from the application filing date, whichever was greater. See 35 U.S.C. 154(a)(2) and http://www.lectlaw.com/files/inp03.htm

      These patents do not qualify as "submarine patents" because the patents were filed well after June 7, 1995. At that point, all original patent applications were only eligible for a term extending 20 years from the application filing date. Thus, Immersion Corp was only burning their own term to collect royalties by filing continuations and amending the claims.

      The classic "submarine patent", on the other hand, was filed in the early stages of development in a field and then delayed until well beyond the ~17 term that a prompt prosecution action in the USPTO would have obtained, so that the royalties would be collected from a well developed commercial base instead of from a newly developing market. Jerome Lemmelson (and his estate) became a billionaire by exploting this aspect of the U.S. patent system.

  51. I got a patent. by Kaenneth · · Score: 2, Funny

    I actually have a patent on a modification to 3D-glasses...

    But I never approached any company with it; it's possible side effect of causing seizures in small children doesn't seem particularly profitable.

  52. /. icons by Ogive17 · · Score: 3, Funny

    Did /. get proper permission to use the dual-shock controller icon on the front page?

    --
    "Action without philosophy is a lethal weapon; philosophy without action is worthless."
  53. Bullshit by iamnotaclown · · Score: 4, Informative

    Sorry, I call bullshit. The patents in question were filed in 2000 and 2001, not in 1993 as you indicate in your post.

    The patents are 6,275,213 (filed May 1, 2000) and 6,424,333 (filed April 18, 2001). Look them up on uspto.gov.

    The Playstation 2 was first demoed in August 1999, launched March 4, 2000 and came with the DualShock II controller.

    Now tell me exactly how Sony can be infringing on a patent that didn't exist at the time the claimed infriging device was launched?

    Furthermore, Immersion's patents are so broad they encompass anything that a) produces vibration via a mass on a spinning axis that is b) controlled by a processing device of any kind.

    A vibrating pager is the most obvious example of prior art I can think of, and Motorola's been making them a lot longer than Immersion's even existed.

    Or, as others have pointed out, a vibrator is also controlled by a processing device, albeit an organic one.

    Here's hoping this lawsuit will result in a challenge to frivolous patent claims.

    cheers

  54. I'm good by Lullabye_Muse · · Score: 2, Interesting

    Luckily I bought my ps2 and katamari damacy 3 weeks ago.

  55. Not only that... by Cryptnotic · · Score: 4, Informative

    The later models of Playstation 1 came with a Dual Shock controller. You could also buy a dual shock separately. That was before the Playstation 2 came out, and absolutely before these guys filed their patent.

    --
    My other first post is car post.
    1. Re:Not only that... by tgd · · Score: 2, Insightful

      You had a playstation 1 in 1993?

    2. Re:Not only that... by 9mind · · Score: 2, Insightful

      It was not before they filed their patent. While in the "Patent Pending stage" Sony started using the Immersion technology. So Sony IS in violation of Immersion's patent. Many other companies have been licensing the technology for years. Why should Sony be allowed to skip free?

  56. As you would expect... by mad_cow · · Score: 4, Informative

    Sony filed an appeal and apparently got a stay on the injunction that would have forced them to stop selling their consoles and infringing software. You can read about it here.

  57. Issued vs. Pending vs. Filed [Was:Bullshit] by Levendis47 · · Score: 5, Informative

    For the record,

    I have a Logitech "3D Mouse" I bought in 1995 to play Descent and experiment with a cheap (~$50) Six-Degrees-of-Freedom input device for a VR-related project I was working on in college.

    It also had a crude feedback mechanism that was licensed from Immersion that was just like the dualshock's offset-balast on a DC-motor with a simple motor speed control. Great device despite it having a slow RS232 interface. Anyway... Immersion was in devices being used for gaming atleast as early as 1995, perhaps even as early as 1994. The patent reference for the "interactive feedback device" is "Patent Pending"...

    So, your claim of frivolous patent claim sniping is a bit off-base. The 2000/2001 dates you reference could be the dates of official patent number filing/issuance. Also it is not uncommon for a patent developer to re-file addenda or refinements to patents they have already put in for review if the addenda do not change the nature of the patented item from its original filing.

    Immersion had a booth at the Spring 1995 VR Expo mini-con that was held in NYC. I was there. Besides context-variable vibration feedback they also had sample devices using directional linear-bumping feedback using small, variable current solenoids. They're legit...

    What's worse in this typical knee-jerk Slashdot goon response that I'm seeing all over this topic is that a JUDGE in a COURT held a protracted HEARING with a lot of EVIDENCE and FACTS in the case and came to an >>INFORMED decision. But one look at the news in the U.S. and one can see that the idea of and respect for the judiciary process is completely lost on most people (including many folks in the legislative domain).

    youareaclown,
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    and carrots,
    Levendis47

    --
    --==[ AOL YIM ICQ : Levendis47 : levendis47@yahoo.com ]==--
  58. Different Uses? by MaverickUW · · Score: 2, Interesting

    Doesn't Patent Law deal specifically with different uses for technology? The fact that someone created a rumble device in this manner, it doesn't matter if the same thing has powered vibrators since the 1950's. The idea is that the patent is for this technology for use inside a video game console controller. I.E. N64 Rumble Pack was outside of the controller, so doesn't count... cell phones and pagers don't count (Though if N-Gage vibrates to games, then it might).

    Feasably, somebody could patent a home video game console with a built in LCD screen and it wouldn't infringe on any past patents for Gameboy/PSP like technology.

    Besides, Immersion tried to get Sony to license it, Sony refused, Sony got bitten.

    Notice, they can still sell the console, but they do have to start saving up a royalty for every console sold from now on. Sure, they can delay this 10 years, but if they lose, they'd prolly have to pay interest from the start of the case, the original judgement, and licensing fees for the next 10 years on every PS2 sold.

  59. 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.

    --
    Mother, do you think they'll like this sig?
  60. Patent System Corrupt... by CherniyVolk · · Score: 2, Interesting


    Some have expressed, stretchingly, that the issue is more than simply a vibrating console controller. I disagree; it IS simply a vibrating console controller. God forbid someone decide to put a variable capacitator on the electronic motor.

    No matter how far you dig, there is nothing patentable about a PlayStation 2 controller. At least, how I envision patents. I feel that no idea that is inevitable should be granted a patent.

    For instance. A steering wheel for a car. A fitting analogy to some claims that the Immersion issue is more than a simply "on/off" vibration feedback, one might say that Power Steering would then warrunt a patent. I say no. Anyone who has every driven a car without power steering, or had their power steering faulter, could see how apparent such an idea would be had the "technology" not been developed. I'm as certain as the sun will rise tomorrow, that the first person to drive a Model-T off the line was wondering if there was a way to make the steering easier. So, I feel that power steering is an obvious invention, and as such, the vibrating game console controller to further immerse the player into the game.

    1. Re:Patent System Corrupt... by haroldK · · Score: 4, Interesting

      And yet power steering wasn't obvious enough for them to have put it in the first cars ever built. If it's that simple, give me a list of the things that obviously should be around but aren't.

      Now give me the obvious implementation of all these things. Also, just as an excersize, I've like you to provide me with your design for a power steering system.

      Your logic is a bit faulty. You're saying since we can see how we like having something once we lose it that anybody could have invented it. That's simply not true. The challenge is being the person to come up with something *before* it's widespread.

    2. Re:Patent System Corrupt... by senatorpjt · · Score: 2, Interesting

      I think the difference that he is referring to is that patents are being granted on the idea with no implementation. It would be like if someone patented the idea of having power-assisted steering, which is obvious. The implementation of the drive system is not, and that should be patentable. Not simply the concept.

  61. What's a keyboard, anyway? by Dink+Paisy · · Score: 2, Insightful

    This is totally offtopic, but that post reminds me of a conversation I had with a professor a while ago. We were commenting about how little the frosh understood computers, and he made the comment that many of them saw a keyboard as a device to display characters on a monitor. This perception (which I agree is common) makes it difficult to teach the students UNIX or programming, because the students don't see the keyboard as something that can give commands to the computer. You would be further ahead thinking of a keyboard as an input device that is typically used to enter text. Without limiting other uses that I'm not mentioning, that text can be displayed on a monitor, interpreted as instructions for the computer, or it can be the source code of a computer program.

    --

    Whoever corrects a mocker invites insult;
    whoever rebukes a wicked man incurs abuse.
    --Proverbs 9:7
  62. Nope by scheme · · Score: 4, Informative
    I'm not a big wallstreet kinda guy, so go easy on me. I have a question:

    Couldn't they have only bought 51% of the voting shares, and then drop the lawsuit?

    No, majority shareholders can't do things like that since minority shareholders also have protected rights as well. Sony would need to buy out the company or it would face shareholder lawsuits and possible SEC sanctions if it tried to buy 51% of the company and drop the lawsuit.

    --
    "When you sit with a nice girl for two hours, it seems like two minutes. When you sit on a hot stove for two minutes, it
    1. Re:Nope by superskippy · · Score: 2, Informative

      Also, most places have a rule where once you've bought 20% (or some similar figure) of the company, you have to attempt a full takeover bid. Ending up with 51% of a company in shares is a hard thing to do.

  63. Re:Patents gone wild! by Corngood · · Score: 2, Funny

    Holy crap, if only the Sony lawyers had known that, you should really let them know.

  64. Re:Immersion sucks... Sony rules! by fishbowl · · Score: 2, Insightful

    "Well, actually, if Immersion is some mom-and-pop that's just trying to make a living and Sony really is infringing on some patent that isn't some B.S. patent, but rather something that really is a non-obvious original invention, then that really sucks, and Sony should pay licensing fees."

    I don't follow why you think one set of laws should apply, or another, depending on the ownership structure of the company with the patent.

    I share your contempt for patent protection applied to trivial inventions, but even then, I don't see how it takes away anyone's right to due process, or why it does not apply to everyone equally.

    --
    -fb Everything not expressly forbidden is now mandatory.
  65. 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.

  66. Re:uh by Slayk · · Score: 2, Informative

    Yep.

    You can hack a male USB connector onto the cord of an Xbox controller, and it will work just fine with any USB input. Getting the proper wires soldered together can be a little difficult if the cable end has some funky wire colors, but it's pretty easy to do otherwise.

  67. This haptic technology was there in 1996! by camelcai · · Score: 4, Informative

    The patent was file in 2000.

    But in 1996 I played with exactly the same kind of haptic technology (or called force feedback) before. It was called Phantom (tm) used in scientific apps:
    http://www.sensable.com/products/phantom_ghost/pre mium6DOF.asp

    For example you can put on a finger thimble and feel a virtual 3D surface.

    I even wrote an SGI program to use it as a flight cnotrol device.

    --
    jpenguin AT the google email service
  68. Re:uh by screwedcork · · Score: 2, Insightful

    The original xbox controllers DO suck; they're too big and they feel cheap. But the controller S feels a lot more natural and a lot better made.

    Microsoft does seem to be pretty cheap when it comes to making hardware in general though.

  69. Re:Let me be the first to say... by bigman2003 · · Score: 3, Interesting

    Yeah...I know that Japan isn't in the E.U. That is why I mentioned dollars, euros and yen.

    But I was thinking of this as a WORLD-WIDE phenomenon.

    The point I was trying to make, was that courts around the world might start to find companies of other nationalities guilty of 'something.' And then slap them with a major fine- hurting the foreign company, and helping their own economy.

    --
    No reason to lie.
  70. 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.

  71. Re:uh by Zangief · · Score: 2, Insightful

    also having the 2 joys in an asimmetryc manner is a baad-baad idea, however you can get used to it ..

    Wrong. T used parts of the control should be in the most accesible positions.

    Most games today use analog control mainly. So the left analog stick should be in the main position.

    The second stick is used less (except in FPS), so it should be in the secondary position.

    PERIOD.

  72. Re:Maybe Sony should boycott the US ? by gnuman99 · · Score: 2, Interesting
    LOL. You only need foreign countries to exchange their US$ for Euro and the US economy collapses.

    Japan holds over $800 billion of US dollars in reserves. China has about $200 billion. That's 10% of the US GDP. They switch and the US might just see some significant inflation and problems in the bond market.

  73. Prior Art? Come on... "Nintendo Rumble Pack..." by Fallen+Kell · · Score: 2, Insightful
    My gosh. The patent office is full of ABSOLUTE IDIOTS!!! Lets see, the "Rumble Pack" came out with Star Fox on the Nintendo64 system. This puts "tactile feedback" in existance since 1997, 3 FULL YEARS before the May, 2000 filing of patent 6,275,213, and over 4 years before patent 6,424,333.

    The "Rumble Pack" itself is, and completely satisfied the requirements for the first patent pretty much to the letter. And as such prior art in actual consumer existance (not even simply on paper or in the process of having its patents pending), it should completely nullify said patent under any kind of scrutiny. I think at most, the only difference may be the fact that the rumble pack was either on or off (I don't know for a fact if there were variable signals sent to the pack, or if it was just rapidly sending the start/stop signals to mimic multiple intensity of the rumble feedback). Even if that is the only difference, you must be able to argue that this is clearly NOT "new", "inovative", or "non-intuitive" extension of the "Rumble Pack" technology. Heck, they WERE doing something which created the EXACT same effect, but instead of using a multi-state signal, they used rapid switching of on-off to create the same output, in effect pattenting something that is already being done, just not explained the same way. Like I said, I do not know for certain there were not multiple settings for the "Rumble Pack", a Nintendo engineer would need to speak out about that, all I remember was that there was a different output from when I was in a big explosion compaired to when I was simply hit with a laser...

    The second patent 6,275,213 should not EVEN APPLY!!! It is a patent on a human computer INPUT device interface, in other words, it takes tactile feedback from the human, NOT the computer!!!. The dual shock controlers take input from the computer, NOT the human!!!

    --
    We were all warned a long time ago that MS products sucked, remember the Magic 8 Ball said, "Outlook not so good"
  74. Re:This haptic technology was there in 1996! by Anonymous Coward · · Score: 4, Informative

    No.

    This particular patent APPLICATION was filed in 2000.

    The original patent disclosure, which this particular patent quotes verbatim, and which sets the priority date for patentability, was filed in... let's read from the patent:

    This is a continuation of application Ser. No. 09/066,608 filed Apr. 24, 1998, now U.S. Pat. No. 6,088,017 which is a continuation of application Ser. No. 08,565,102 filed Nov. 30, 1995, abandoned.

    November 30, 1995. So, even if the patent claimed every aspect of force feedback that any human being will ever contemplate for all time, what you were playing with and writing in 1996 means bupkiss.

    By the way, did you read the patent claims? Did the Phantom(tm) do exactly what was claimed? I sincerely doubt it, since Sony hired a team of lawyers that, as part of their defense of the case, combed through everything that they and the Sony engineers in force feedback development could think of to discover material that could be used to invalidate the patent.

  75. Re:my 2 cents. by man_ls · · Score: 2, Funny

    For $90.7m, I'd do more than just pretend.

  76. Re:Priority date by cgenman · · Score: 2, Interesting

    Ok, this is a part of patent law that wasn't covered in technology law in college.

    So the patent holder can file a "continuation," which has an effective date of the original filing? If something fell within the scope of the original filing, why would someone need to continue it? If some thing didn't fall within the scope of the original filing, why would you allow a "continuation" with the original date?

    The original patent, or one of them, 5,734,373, appears to cover putting a microprocessor into a joystick to offload the feedback processing requirement, and that the feedback must be along one of the axis of control of said joystick. It also mentions direction parameters as one of the terms of the claims seciton. As the dual-shock provides no direct feedback, I fail to see how this would apply.

    But details of this aside, what must be present to qualify as a "continuation" of a previous patent? What must be present for, say, a directional resistance-based force feedback joystick in 1995 to suddenly become a vibration-based joystickless feedback mechanism in 2004?

    P.S. There is no part of this that doesn't sound like the patent system needs reform badly.

  77. Re:Patent by KDR_11k · · Score: 2, Insightful

    Nope, they're very specific implementations. IIRC the dual shock violated their patent for two rumble motors in a gamepad with two analog sticks. They also have patents for motors in certain kinds of joysticks, etc. The reason they can't have the broad rumble patent is because Nintendo has the paten on a single rumble motor in a gamepad, both the modular and fixed version.

    --
    Justice is the sheep getting arrested while an impartial judge declares the vote void.
  78. Stupid patents by Rolfje · · Score: 2, Insightful
    Once, patents were meant to protect the originators of an idea. Nowadays, it seems that it's more used as a "fishing rod" by filing some vague and/or stupid patent, and then wait for some company to "infringe" it.

    I mean, come on. Is there really a patent which describes an excentric weight on an axle of a motor? It almost sounds as stupid as the amazon's shopping cart licence thing: http://www.zdnet.co.uk/print/?TYPE=story&AT=391474 08-39020372t-10000024c

    Isn't it time that the patent rules are updated so that patents only can contain "sensible" and "specific" text, including maybe the marketing intent of the device/product/idea? With millions and millions of patents, it's hard to do business without infringing any one of them.

    Besides, why is Immersion comming with this just as they "happen" to need money? The first foce feedback controller by Sony was sold before 2000, why didn't Immersion do it then? I'd say they're too late.

    If you can't do business properly, don't sue others for the fact that they can.

  79. Do you read the threads before you post? by porkchop_d_clown · · Score: 2, Informative

    People have already raised this argument and, guess what?

    1) The patent was filed in 1995. Patent protection begins with filing, not granting.
    2) Nintendo licensed the technology from the patent holder.