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PS2 Controller Suit Goes Badly For Sony

Immersion Corp, which owns the patent on 'rumble' technology, has won another round in its suit against Sony. Sony's 'dualshock' controller has used rumble technology for years, and in 2005 a judge awarded $82 Million to the patent-holder in payment. From the article: "Sony's defence was the alleged nondisclosure of some of the inventions of key employee Craig Thorner. who has been a consultant both for Immersion and subsequently for Sony. But, according to the report, U.S. District Judge Claudia Wilken was unhappy with Thorner's testimony supporting Sony, given that he had also been paid by Sony, and so dismissed this line of defence."

33 of 197 comments (clear)

  1. Re:This is just ridiculous by multipartmixed · · Score: 2, Interesting

    And, more importantly, why isn't Immersion suing pager manufacturers, and the manufacturers of vibrating cell phone batteries????

    --

    Do daemons dream of electric sleep()?
  2. Prior Art by Kenja · · Score: 5, Funny

    You can pick up some prior art and your local adult boutique.

    --

    "Have you ever thought about just turning off the TV, sitting down with your kids, and hitting them?"
  3. PS2 Controller Suit... by sbaker · · Score: 4, Funny

    A PS2 Controller Suit - neato!

    Am I the only one who read this and instantly imagined this jump-suit that you'd wear that could maybe read your arm and leg positions to put you directly control your PS2?

    Instead we get details of some bogus lawsuit about bogus stuff that we really don't care about.

    Whatever happened to cool stuff?

    --
    www.sjbaker.org
    1. Re:PS2 Controller Suit... by kyouteki · · Score: 3, Funny

      Have you ever heard of Nintendo's Power Glove? No? Exactly.

      (If you have heard of it, then you still know why.)

      --
      A slashdotter who didn't build his own computer is like a Jedi who didn't build his own lightsaber.
  4. Re:This is just ridiculous by Alex+P+Keaton+in+da · · Score: 2, Informative

    Or sex toys...
    But seriously, vibrators have been used for years in mining, as well as fruit picking...
    http://www.clevelandvibrator.com/ (Yes, it is suitable for work- it is a company that has, since 1923, made industrial vibrators)

    --
    And All I Ask is a Tall Ship And a Star to Steer Her By
  5. Nintendo by HoosierPeschke · · Score: 2, Interesting

    And yet Nintendo has escaped lawsuit? I remember way back when getting the bulky rumble pak for the N64. Prior Art?

    --
    Mr. Universe: "They can't stop the signal, Mal. They can never stop the signal."
    1. Re:Nintendo by BinaryOpty · · Score: 4, Informative

      The rumble pak and Gamecube controller use one unbalanced weight in the center whereas the Dual Shocks and Xbox controllers use two different unbalanced weights, one on each side of the controller. The patent is for the two weight configuration so Nintendo gets away scott free.

    2. Re:Nintendo by MobileTatsu-NJG · · Score: 2, Insightful

      "And yet Nintendo has escaped lawsuit? I remember way back when getting the bulky rumble pak for the N64. Prior Art? "

      Nintendo escaped because the Rumble Pak wasn't actually built into the controller. (Same goes for the Dreamcast.) Now you know why that functionality wasn't simply built in.

      --

      "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

    3. Re:Nintendo by LionMage · · Score: 3, Interesting
      I'm sure the razor companies are fighting it over who owns the patent for 3, 4, 5, 6, and higher number razor blades. But I just can't fathom there is anything materially different about them to be patentable.

      That's why when you write a patent, you try to make its claims as broad as possible (e.g., "...for configurations of 3 or more razor blades," or in the context of this article, "...for configurations of 2 or more unbalanced weights driven by electric motors."), and when you're trying to work around someone else's patent, you find all the loopholes and exploit them (e.g., "Oh, look, they didn't cover the case for a single unbalanced weight!").

      I used to work for a material scientist who was adept at both activities. He was very good at finding corner cases where other people's patents didn't apply, and then he'd file a patent on the corner case as an improvement to the original patent he was working around. Current patent law allows you to patent improvements to someone else's patented invention or process. (Traditionally, "process" means manufacturing process, although business process patents now seem to be allowed.)

      My boss was also good at making his own patents nice and broad to insure that his competitors would violate his IP. He had this fabulous patent on a method for growing a crystalline probe that would be formed on the end of a fiber optic cable. The probe had a face that was at a specific angle with respect to the long axis of the crystal, which he calculated to be the optimal angle for this face, but his patent was written to allow for a range of angles. Sure enough, some company that was using this technology to probe oil wells violated my boss' patent, and of course he went after them to defend his IP. The competitor's product, IIRC, didn't use the optimal angle for the crystal face, but it didn't matter, as they still were within the claims of the patent.

      Of course, there are some modifications which are materially insignificant -- like how many legs your apparatus has to stand off the ground -- but most patent authors these days like to leave nothing to chance.
  6. Re:Wow, this one was tough! by VJ42 · · Score: 2, Funny

    Who to side for?? Help me!! :-(

    I think two words aught to help you: "root" and "kit". Companies like Immersion arn't exactly nice, but Sony is worse.

    --
    If I have nothing to hide, you have no reason to search me
  7. Could this.. by Anonymous Coward · · Score: 5, Interesting
    perhaps have any correlation to the PS3 delays? Waiting to find out what will happen to their tried-and-true Dualshock controllers? From the boomerang shape of the demo controller at E3, it would seem Sony wants to hold onto the dualshock design, but does this suit keep them from implementing their old methods?

    This doesn't by any means overshadow the other hardware-related, possible causes for the delays, but might this be a contributing factor no one has mentioned previously?

    -NIs

  8. Re:Wow, this one was tough! by ivan256 · · Score: 5, Funny

    Who to side for?? Help me!! :-(

    You shouldn't think for yourself. From now on, either repost what I post, or just look for my posts and reply with "MOD PARENT UP!".

    Seriously though, this company isn't *totally* unknown. They designed the crap that goes in Logitech's force feedback stuff. I have a mouse with their stuff in it, and it actually seems fairly clever. It's like you can "feel" the stuff on your screen. It's a little noisy though.

  9. In perspective by wombatmobile · · Score: 4, Interesting

    We're talking about 1.37% of revenue:

    FTA

    In the last ruling against Sony, made in early 2005, Judge Claudia Wilken of the U.S. District Court levied an $82 million award to Immersion Corp., or 1.37% of Sony's sales of PlayStations and PlayStation-related paraphernalia. The $82 million is less than the $299 million originally sought by Immersion Corp., but the court ruled that Sony's infringement of the vibration patents was not willful and therefore not deserving of the full penalties.

  10. Re:Sleazbags by einstienbc · · Score: 4, Funny

    Prior art. After all, women have used vibrations to heighten a sensation since at least the early 1900's

    --
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    --Kurt Vonnegut

  11. Re:This is just ridiculous - not really by kansas1051 · · Score: 5, Informative

    I dont think Newton had a video game system or a force-feedback controller. The scope of a patent is determined by its claims, not based on what a slashdot summary says. The claims of this patent are limited to a force-feedback controller

    Sony could have licensed this patent for a few dollars several years ago (like everyone else did), but instead they relied on a frivolous legal theory (inequitable conduct) to invalidate the patent. Despite attempts by numerous big companies to invalidate this patent based on prior art, no one has ever located any meaningful prior art. The only issue in Sony's case was inequitable conduct (lying to the patent office), and the only evidence Sony presented was testimony from an "expert" they paid.

  12. Re:This is just ridiculous by Richard_at_work · · Score: 4, Insightful

    Because unlike the majority thought on slashdot that goes 'All patents are extremely broad and prior art can be found in anything that remotely looks like it might use a part of the patented thing' - which is wrong - patents can include already known technology but applied in new ways, for example this would have been something like 'A electric motor induced vibration system that responds to a gaming environment manipulated by user inputs on consumer entertainment console systems and their controllers'. The prior art of, or usage in items such as pagers or cell phones would not have a standing here because it doesnt pertain to the precise grounds covered by the patent.

    NB I dont know exactly waht the patent says, the above is simply an example as to how a patent can be applied to a new usage from old techniques.

  13. Re:Hmm by BecomingLumberg · · Score: 2, Funny

    Well, the DualShock controller might not represent sony much longer...

    --
    If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be.-TJ
  14. MOD PARENT UP!!! by Anonymous Coward · · Score: 5, Funny

    Seriously though, this company isn't *totally* unknown. They designed the crap that goes in Logitech's force feedback stuff. I have a mouse with their stuff in it, and it actually seems fairly clever. It's like you can "feel" the stuff on your screen. It's a little noisy though.

  15. Bad Year by highwaytohell · · Score: 5, Insightful

    This is a real bad time for Sony.

    Format Wars
    Xbox 360 popularity
    Rootkitting CD's
    PS3 delays
    Ipod (yes this is bad for Sony)
    Lawsuits from vendors

    All this bad publicity surely can't be doing the company any good. At this point in time, the CEO would be sacked at most companies i am aware of, but it's not happening here. you have to wonder if the morale within the company is any good also. I hope their lawyers get paid well.

  16. Re:Sleazbags by ChronoReverse · · Score: 2, Insightful

    Nope. They patented the use of two unbalanced weighted motors in a video game controller. This was a very specific patent. Nintendo uses a single unbalanced weighted motor so they're okay. Microsoft paid the licensing fee. Sony didn't.

  17. They Still Have Japan Cornerd by Nazmun · · Score: 2, Informative

    Xbox360 isn't doing so hot in japan because their barely moving any units there at all. Sony is like a national brand to them so no matter what the hell they charge people will buy it. For example, for big games companies charge almost 2x as much as average games over there. FFXII will be out for about $90 USD in japan.

    Here's a sample of XBox360 sale data in japan
    http://www.craxtion.com/content/view/133/2/

    Even the launch was horrid:
    http://news.com.com/Study+Xbox+360+sales+start+slo w+in+Japan/2100-1043_3-5992548.html

    The xbox360 presence in japan is almost negligible and it's not performing particularily well in the states either. While sales are much better here it's not anywhere near dominating.

    --
    Hmmm... Pie...
    1. Re:They Still Have Japan Cornerd by Bagels · · Score: 2, Informative
      To be honest, it's looking more and more as if *Nintendo* has Japan cornered. Look at the craze surrounding the DS Lite launches, and the top-ten-games lists dating back to the middle of last year. Once in a while a PS2 or PSP title will push its way in, but the consistent best-sellers (like the Brain Training games and Animal Crossing) are all DS titles. The PSP isn't doing shabby, either - it's pretty consistently in second - but neither it nor the PS2 approach the DS' performance, even speaking historically (the DS is selling faster than the PS2 ever did).

      The clincher will (or will not, dependant) be the Revolution launch in Japan. A lot of developers have expressed tremendous interest in it, but the publishers have been quiet. Of course, the Revolution is sort of being marketed as a "companion" console - riding alongside a Sony or Microsoft machine - but I personally think that marketing is only for the hard-core, Famitsu-reading Japanese gamers. Nintendo seems pretty confidant that it'll also be picked up by large numbers of more casual gamers who wouldn't bother with the expensive competition.

      --
      --- Bwah?
  18. Wow... Sony lost twice! by bhunachchicken · · Score: 4, Funny

    I guess you could call that a double blow.

    Or maybe even a dual shock! LOL!! :)

  19. Re:Wow, this one was tough! by drinkypoo · · Score: 5, Interesting

    Rooting for companies with bad patents because they're going after someone you don't like is wrong. It's a direct endorsement of the current, broken patent system. (Vibration has been used for feedback for ages, though not in game controllers...)

    --
    "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  20. Re:This is just ridiculous by MobileTatsu-NJG · · Score: 2, Interesting

    "And, more importantly, why isn't Immersion suing pager manufacturers, and the manufacturers of vibrating cell phone batteries???? "

    For the simple reason that a cell phone or a pager uses the vibration feature as a form of display, not interaction. The patent covers force feedback, not simple vibration. This is why vibrators and pagers aren't covered in the patent. Neither of which vibrate because you're controlling an entity within a video game.

    You see, patents are typically pretty darn specific. Wanna know why the Rumble Pak didn't get Nintendo in trouble? Wait for it... wait for it... The Rumble Pak was an accessory to the controller and not built into it. Amazing, eh?

    --

    "I like to lick butts!" by MobileTatsu-NJG (#32700246) (Score:5, Informative)

  21. more prior art? by fithmo · · Score: 5, Funny

    I had a vibraiting game controller in the late eighties. It was called a pager.
    See, I'd give my secret code to some fly hunny; then it'd rumble right before I was about to score!

    They even called me a player.

    I think the language is similar enough to claim prior art. :)

    (FYI for anyone else thinking about picking up this game: Make sure to use a shield in the final encounter or you might play out your days with a permanent chance-on-pee to self inflict fire damage.)

  22. Re:Baa! by engagebot · · Score: 2, Insightful

    You mean Immersion? Uhh, not only are they the guys who actually came up with it, but their stuff was licensed from Logitech for their devices. So what part of this don't you get. Immersion is not just some patent-whoring-lawyer-fest. They're pretty legit.

    --
    Han shot first.
  23. Re:Sleazbags by smbarbour · · Score: 2, Interesting

    The real question though is did Sony steal the actual design of Immersion's technology, or did they just say "putting two unbalanced motors into the controller would be cool"

    If the concept of having two unbalanced motors on different axes is patentable, does someone already have a patent on three?

    Also, if I go to my local electronics supply store, pick up two DC motors, some weights, a battery pack, and a project case and connect it all together, would I be in violation of the patent?

  24. Re:Wow, this one was tough! by c_forq · · Score: 2, Informative

    Sony is just about the only major remaining holdout in the gaming industry.

    Just a quick caveat, in the gaming industry only Microsoft licences the patient, as Nintendo independently developed their own rumble technology that is significantly different.

    --
    Computers allow humans to make mistakes at the fastest speeds known, with the possible exception of tequila and handguns
  25. Re:They Still Have Japan Cornered by twistedsymphony · · Score: 2, Interesting

    Yeah MS is doing pretty poor in Japan (worse then the Xbox 1 if that's even possible) But they're doing great in the states... they might not have a "dominant" market-share over video games in general but they have 100% market-share of the next-gen (even Japan... there's no competition). Also the fact that you STILL can't just go to a store and buy one, and pre-orders entered before launch STILL haven't been filled in some places in the US and Europe should say something about it's popularity. In the few months it's been out in the US it's already sold more then the Xbox 1 did in it's first year.

    Say what you will about Japan but Sony will have an uphill battle in the US if they wait till 07 to launch there.

  26. Re:Wow, this one was tough! by Anonymous Coward · · Score: 2, Insightful

    Rooting for companies with bad patents because they're going after someone you don't like is wrong.

    Explain how this is a bad patent.

    Vibration has been used for feedback for ages, though not in game controllers.

    This explanation is not sufficient. Where has vibration been used for feedback? Was it an intentional or incidental feature? Was it invariably caused by a condition or event, or was it arbitrarily triggered by an intentionally designed condition?

    Better yet, since we're discussing a patent, was the vibration intentionally created by a mechanism that spins an eccentric weight? Do you know the number of the patent involved in this case? Have you read the claims?

    Obviously not. That doesn't make you insigful, that makes you a troll.

  27. Re:Wow, this one was tough! by Chris+Kamel · · Score: 2, Insightful

    As is rooting for companies with patents in general just because of a broken patent system. People seem to be pre-occupied with prejudices about the patent system that they hardly ever look at the case in question before they decide who should win.

    --
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  28. And Sony just doesn't have the brains to simply... by Khyber · · Score: 2, Funny

    Move from a ROTATING mass to a SLIDING mass for feedback. one magnet, alternate currents to change polarity and make the magnet move back and forth, thus creating vibrations in the controller. Oh, shit, I better patent that, QUICK!

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