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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.

21 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 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 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. 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.
  3. Stop selling the PS1 and PS2 by Anonymous Coward · · Score: 5, Funny

    Yeah I bet that was a Dualshock.

  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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    Your ignorance is infinitely greater than you realize.
  5. [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.
  6. 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.

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  7. 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/

  8. 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"

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

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

    --
    Who said Freedom was Fair?
  10. 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.

  11. 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.

  12. 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,
    peace,
    and carrots,
    Levendis47

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    --==[ AOL YIM ICQ : Levendis47 : levendis47@yahoo.com ]==--
  13. 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.

  14. 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.

  15. 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.