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Joystick Port Patented, Now the Lawsuit

Panaqqa writes "It appears that Fenner Investments, a Texas based patent troll, is at it again. This time, they are suing Microsoft, Sony and Nintendo for infringing a patent they hold on joystick ports. Perhaps they felt they needed a "Plan B" now that their lawsuit against Juniper Networks, Nokia, Cisco, Alcatel and Ericsson is not going so well."

72 of 222 comments (clear)

  1. Hopefully we see more of this by baffled · · Score: 5, Interesting

    It's probably the best bet for patent reform to be taken seriously.

  2. I'd like to see by p51d007 · · Score: 4, Insightful

    someone sue the lawyers bringing up these lawsuits...since they are driving us nuts, and crippling businesses. If there ever was a need for "looser pays" it's because of crap like this.

    1. Re:I'd like to see by kalirion · · Score: 2, Insightful

      Quite often the lawyers are only the "weapons" in these cases. It's the clients that need to be sued. Of course there are plenty of cases where the lawyers are the instigators of the BS (looking at you, Jack Thompson)....

    2. Re:I'd like to see by ajs318 · · Score: 2, Insightful

      A bit like killing people who kill people to show that killing people is wrong?

      --
      Je fume. Tu fumes. Nous fûmes!
  3. Patent Troll list by pr0nbot · · Score: 4, Insightful

    Wikipedia page on Patent Trolls, with a list that doesn't appear to include the trolls in question guys:

    http://en.wikipedia.org/wiki/Patent_troll

  4. And.. by El+Lobo · · Score: 2, Insightful

    people wonder why does Microsoft patent things... Here ladies and Gentllemen, you have the answer. If you have deep pockets, you better defend yourself.

    --
    It's time to realise that Abble's products are the biggest abomination these days. Just say NO to the dumb iAbble way!!
  5. Oh the injustice by popo · · Score: 2, Funny


    Haven't poor Microsoft and Sony been vicimized enough?

    How's a poor ruthless-megacorporation supposed to make a buck these days?

    --
    ------ The best brain training is now totally free : )
  6. Prior Art anyone? by Zeek40 · · Score: 5, Informative

    The patent was applied for in 1998, I believe the first atari consoles had joysticks in the late 70s, and I'm sure there are earlier examples. The only thing that the patent application seems to have going for it is the specific use of CMOS fabrication for the circuit. This seems to me like making a keyboard out of metal/wood/some other material not usually used, then trying to patent it. Am I missing something, or will this lawsuit go just as well as their previous one?

    1. Re:Prior Art anyone? by honkycat · · Score: 2, Insightful

      Perhaps clever, but again I'm skeptical that they were the first to use the PWM into a digital input scheme, largely because their claim is so narrow. If they were the first to realize you can use the PWM signal with a digital-only input line, then there's no doubt you can patent that alone. Since they restrict it as an application for a joystick (and since this was 1998), my gut tells me they took a known technique and patented the specific application.

  7. Hey, remember when Universal Studios... by sesshomaru · · Score: 5, Funny
    Hey, remember when Universal Studios tried to sue Nintendo for infringing on their copyright on King Kong? And then Nintendo won the case, and proved that Universal didn't even hold the copyright on King Kong in the first place?

    Good times, good times....

    --
    "MIT betrayed all of its basic principles."
    1. Re:Hey, remember when Universal Studios... by rucs_hack · · Score: 2, Informative

      I believe the primary reason they lost that case is that Universal had in fact argued in a previous case that they did not own the rights to king kong. Not sure of the particulars of the case though.

    2. Re:Hey, remember when Universal Studios... by kalirion · · Score: 4, Informative

      Hehe, hadn't heard of this before, so looked it up. Pretty amusing case, thanks for bringing it up!

    3. Re:Hey, remember when Universal Studios... by coredog64 · · Score: 2, Informative

      They were suing a critic who had insinuated that they were associated in some way with the Jeff Bridges version

    4. Re:Hey, remember when Universal Studios... by UbuntuDupe · · Score: 2, Funny
      lol, it gets pretty silly at points. From Wikipedia:

      In its decision on October 4, 1984, the court upheld the previous verdict. They declared that "The two properties [King Kong and Donkey Kong] have nothing in common but a gorilla, a captive woman, a male rescuer, and a building scenario." Further, the court ruled that "The 'Kong' and 'King Kong' names are widely used by the general public and are associated with apes and other objects of enormous proportions."


      Glad we got that cleared up ...
    5. Re:Hey, remember when Universal Studios... by MorderVonAllem · · Score: 2, Informative

      It was that Universal had argued that it was already in the public domain when they used it for a movie so they couldn't own the rights to sue Nintendo for Donkey Kong

  8. Anyone read Patent-ese? by 91degrees · · Score: 2, Insightful

    I can't work out what the patent is actually for. Even the abstract is a little vague apart from telling me it's some sort of analogue joystick interface.

  9. Should be trivial to invalidate by Oddscurity · · Score: 2, Interesting

    They're using an integrated circuit to read the voltage differentials, instead of the more common 'clock + voltage comparator'. So yes, I would say this falls under prior art, being that their chip does pretty much what the gameport logic has done since its introduction. And if it doesn't fail on prior art, it fails on the 'obvious' clause.

    --
    Indeed!
  10. very creative by Jon+Luckey · · Score: 4, Informative

    prior art-ish Applie IIe circuit

    http://web.pdx.edu/~heiss/technotes/aiie/tn.aiie.0 6.html

    Whoopie.

    Because Fenner's patent used a tristate buffer instead of an open collector NPN transitor they own this kind of joystick?

    geesh.

    --
    -- 3 events that reshaped the world in the 20th century: WW1, WW2, and WWW
    1. Re:very creative by gmarsh · · Score: 2, Interesting

      Precisely. I read the patent, and it describes *exactly* the operation of a 556 timer based PC game port. The only unique thing that I can spot in this patent is listed on the first page - "This implementation provides a joystick port which uses low-voltage CMOS VLSI structures..."

      So to get definite prior art, you just need to find a soundcard with a standard 0x201 gameport address, with the game port hardware implemented in a CMOS ASIC. Which is really easy, considering the patent was filed for in 1998. Even in the early-mid 90's, cheap "AOpen to Zoltrix" soundcards consisted of a single ASIC which handled the ISA or PCI interface, A/D+D/A conversion, 0x201 game port, MIDI interface and the works. And there's a 100% chance that said ASIC is a CMOS process.

      What I find silly is that they're suing Microsoft, Sony and Nintendo over this... I seriously doubt that any of their hardware uses a timer approach for digitizing analog inputs - I'm willing to bet they use true ADC's. The 556 timer hack was useful in the 80's PC days when silicon was expensive and discretes and PCB space were cheap, but today when a $2 PIC microcontroller can have almost a dozen 10+ bit ADC inputs, there's no point anymore.

  11. Re:Patented in 2001? by Blakey+Rat · · Score: 2, Informative

    I guess they can ding the Xbox, PS2, Gamecube and maybe Wii. But don't newer consoles use USB ports? The 360 doesn't even have joystick ports, it has (properly licensed and legally clear) USB ports instead.

  12. Prior art? by Joce640k · · Score: 4, Interesting

    I don't know the exact circuit details but Commodore Amiga joysticks worked in a similar way, i.e. by timing the decay of a capacitor rather then using an a/d converter.

    --
    No sig today...
    1. Re:Prior art? by Smidge204 · · Score: 5, Interesting

      Right now, it only seems that these cases will show if the accused party actually infringes on the patent or not.

      What we need, as part of patent reform, is the ability to call BS on a patent during these lawsuits, which puts the infringement claim on hold until the patent itself is reviewed and debated over. Start a seperate court case to review the patent, with both parties able to produce evidence and expert testimony about the technology in question. If the patent is ruled bogus, then it should be invalidated on the spot and the infringement suit dropped.

      That would cull a lot of bogus patents and maybe discourage filing them in the first place.
      =Smidge=

    2. Re:Prior art? by Emil+Brink · · Score: 3, Insightful

      Clarification: the Amiga analog joysticks worked like that, yes. The default joystick used on the Amiga was digital, though, and just used five (later more) switches to generate the up/down/left/right/fire signals. :)

      --
      main(O){10<putchar(4^--O?77-(15&5128 >>4*O):10)&&main(2+O);}
    3. Re:Prior art? by UbuntuDupe · · Score: 4, Insightful

      Good idea. Remember, it's harder to defend a court order preventing a technology from being distributed if the only damages are loss of revenue, which is easy to correct later if it turns out it really infringes a patent. In other words, a "patent"holder will never ABSOLUTELY need the infringement to stop RIGHT NOW.

      Also, it would be nice if a patent could be voided on the grounds that it was deliberately worded to obscure similarity to prior art.

    4. Re:Prior art? by Zordak · · Score: 3, Insightful

      If you are sued for patent infringement, your attorney will file a motion for summary judgment, and one of the theories will be that the patent is invalid as a matter of law. If it fails as a summary judgment motion, it will go before the jury. The validity of the patent WILL get litigated if the case doesn't settle. Forcing the parties to put off litigating infringement until after they settle the validity of the patent would be ridiculously inefficient and more costly for BOTH parties. The problem is not the inability to challenge the validity of a patent in court. The problem is that obviousness under 35 U.S.C. s. 103 has become such a hyper-technical non-hurdle that it is nearly impossible to invalidate a patent once it has been judged novel. Until we revise section 103 to strengthen obviousness, this will continue to happen. Fortunately, the weak obviousness standard is hurting big, monied companies with powerful lobbies (like Microsoft and Sony). So you can bet things are going to change.

      --

      Today's Sesame Street was brought to you by the number e.
    5. Re:Prior art? by thebdj · · Score: 5, Informative

      Actually, I would argue that it is not the laws faults. At least not the way it is written. As written, 35 USC 103 explains obviousness in relatively good terms. Obviousness did not become an issue until relatively recently. I will not fault SCOTUS in Graham v. Deere, because the requirements they set forth were not very restrictive. The issue came later when the Court of Appeals for the Federal Circuit (CAFC) including the requirement that the joining of the two items must be taught in the prior art.

      This is an extremely rare thing and actually makes the requirement hard to fulfill. It actually limited the Graham Factor, "one of ordinary skill in the art," practically eliminating it. I do not think the CAFC truly thought this out before making a decision, because if you already the idea to combine the two technologies (and mention as much in your patent specification) then you would almost certainly have claimed it, which would make it a 35 USC 102 violation, something that is really easier to defend for a Patent Examiner.

      I believe we are still waiting to see the end result of KSR v. Teleflex before SCOTUS. If SCOTUS rules with KSR and essentially says the CAFC over-stepped their bounds, then you could be looking at the mass invalidation of thousands (maybe tens of thousands) of patents. You mention the standard is hurting Microsoft and Sony, but it actually is helping another industry with as much if not more money. The pharamaceuticals and bio-tech companies love the standard as it is because it helps them get a lot of patents on new drugs passed. I believe if you review the documents from KSR v. Teleflex, you will find support for KSR's writ from a group that included Microsoft, while the big pharma's filed in opposition (supporting Teleflex).

      --
      "Some days you just can't get rid of a bomb."
    6. Re:Prior art? by pipatron · · Score: 2, Informative

      Clarification 2: Timing the decay of the stored charge in capacitor is an A/D-converter.

      --
      c++; /* this makes c bigger but returns the old value */
    7. Re:Prior art? by sribe · · Score: 3, Informative

      If you are sued for patent infringement, your attorney will file a motion for summary judgment, and one of the theories will be that the patent is invalid as a matter of law. If it fails as a summary judgment motion, it will go before the jury. The validity of the patent WILL get litigated if the case doesn't settle. Forcing the parties to put off litigating infringement until after they settle the validity of the patent would be ridiculously inefficient and more costly for BOTH parties.

      Actually, the process developed by the patent court was that a granted patent was assumed to be valid until proved otherwise, therefore what would in fact happen is that if the evidence that you infringed was strong enough, regardless of possible invalidity of the patent, the court would enjoin you from distributing your product while the case was heard!!! This is why RIM settled with NTP, remember? Of course there was a case at the Supreme Court at that time challenging the patent court's ridiculous procedure, and SCOTUS slapped down the patent court just a couple of days after RIM paid off NTP. And now new cases will proceed rather more like you describe.

      And as a post a few down from yours points out, there is currently a case before SCOTUS that may result in restoring sanity to the evaluation of prior art and non-obviousness...

    8. Re:Prior art? by MoxFulder · · Score: 4, Informative

      The "game port" joysticks for old x86 boxes worked the exact same way! The joystick axis was basically a variable resistor, and its position would vary the time constant of an RC circuit. The voltage would drain at a rate dependent on the joystick position, and you used a do-nothing timing loop to wait for the voltage to fall past a threshold and flip a bit.

      I remember trying to learn to program the PC joystick in assembly language around 1993, and it was a real pain in the ass to get it right. You had to constantly poll the joystick and put in all kinds of delay loops. Apparently, proper analog-to-digital converters were very expensive when the PC game port was designed, and so this crude circuit design was used instead. See the wikipedia article for more info: http://en.wikipedia.org/wiki/Game_port#Circuits

      Bottom line: this patent ain't new technology. In fact, it's OBSOLETE technology. There are much better ways to get an analog measurement from a joystick, and there were even in 1998 when the patent was filed.

    9. Re:Prior art? by Shads · · Score: 2, Insightful

      Translated for truth:

      "The patent system is cumbersome, imperfect, costly, etc. but it is also the best system to stifle innovation by anyone not able to field a thousand lawyers to protect themselves from someone who patented an obvious technology after it had been in existence for 20 years due to an idiot in the patent office."

      --
      Shadus
  13. Re:Business based on law suites by planetmn · · Score: 3, Insightful

    Is it just me or does this speak so clearly to the culture we have developed in the US?

    How does this relate to the culture of the US? Sure, there are some companies that are trying to make money as patent trolls, just as there are always people trying to get a quick buck. But the vast majority of Americans are never a party to a patent lawsuit.

    The idea that you can only get ahead by suing the pants off of some corporation.

    There are a lot of companies out there that innovate and compete in order to get ahead. Just because there are a few examples of cases like the above does not mean that it's the standard operating procedure for a business.

    In typical slashdot style, somebody has taken a situation, and extrapolated it out to now cover the entire population of the United States. The above case sure does seem frivalous, and it in no way represents the culture in the US.

    -dave

    --
    /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
  14. It's been done before by rongage · · Score: 4, Interesting

    As near as I can tell from the text of the patent, this patent troll has patented the use of an Analog to Digital Convertor for converting the analog output of a joystick into a digital signal. I'm not 100% certain but it sounds like either an integrator type circuit or a PWM type circuit. The intriguing bit is the mentioned use of a VLSI (Very Large Scale Integration) chip as a part of the design. This could mean utilizing any of the large fabric chips from the likes of Altera, TI, or Lord knows how many others are in the market nowadays. Heck, this could be interpreted to include the PIC chips in common use nowadays.

    I'd have to look in my old college electronics book (Electronic Communications - vol 5 by Schrader) to see, but I think these types of ADC circuits were discussed even back then (circa 1985). If not, I know the Peavey DECA series of digital power amplifiers (circa 1988) utilized an integrator type ADC for doing converting the analog audio signal to a series of digital pulses (PWM) used for driving the MOSFET finals.

    --
    Ron Gage - Westland, MI
  15. This is the patent office's fault by RobK · · Score: 5, Interesting

    The fact that these non-novel, obvious patents with prior art are being issued decades after first use.

    I understand that business need to protect themselves, and I'm a lot more forgiving of hardware patents (because that make sense) but reading the patent all I see that MIGHT be new is the power saving circuitry rather than a novel joystick connection.

    They do need more examiners and the second patent applied for each year should cost twice as much as the first to file. (This would curb blanketing the system hoping that one of them sticks).

    This is my theory and it's mine.

  16. Re:This is junk by PFI_Optix · · Score: 5, Insightful

    From the patent:

    Filing date: Jul 10, 1998

    Does more really need to be said?

    --
    120 characters for a sig? That's bloody useless.
  17. Prior art... Nintendo 64 by gozar · · Score: 4, Insightful

    Their patent applies to analog joysticks. It's a method of sending the information of a joystick's position as a digital pulse, therefore requiring less wiring for multiple analog sticks and buttons. The controller could send the information about the various states of the buttons and joysticks encoded as a digital stream.

    Unfortunately for them, they applied for the patent in '98, long after the N64 was released. I don't know for sure, but since the N64 controller only has (IIRC) 3 wires in the cable, they must be using something like what this patent describes.

    It's interesting that they applied for the patent two months after the release of the dual-shock controller for the PS1. IMO, someone saw the dual shock and patented the idea on how it would work.

    --
    What, me worry?
  18. Joy, Home-grown patent trolls by andphi · · Score: 2, Funny

    These people give Texans a bad name. Is there any way I can mail these creeps a bushel of rotten tomatoes? I probably live too far away to throw them myself.

  19. Capping the maximum damages awarded. by Oddscurity · · Score: 2, Interesting

    Since 'Mutually Assured Destruction' doesn't work when defending against a patent troll (they don't produce anything that can infringe your patents), maybe it would be a start to limit the maximum amount of awarded damages to $5M (for example.) If a patent of a legitimate inventor is ever infringed by some big business, the settlement is more than enough for them to retire and continue inventing if they so choose. Wouldn't it however remove the incentive for trolls, spending easily as much as $5M in the hopes of getting awarded $200M?

    Then as an encore someone might be able to convince USPTO there isn't such a thing as software patents. Good reading materials: An industry at risk, So Small a Town, So Many Patent Suits

    --
    Indeed!
    1. Re:Capping the maximum damages awarded. by TheThiefMaster · · Score: 4, Insightful

      Except that that would mean that companies that could afford $5M easily could intentionally infringe on as many patents as they liked, even drawing the legal battle out long enough to bankrupt the holder.

    2. Re:Capping the maximum damages awarded. by AndersOSU · · Score: 2, Insightful

      That basically gives big business free reign to steal any technology that could be valued at more than $5 million - which is damn near any patent that is worth holding (and a lot that aren't). Now, I know some people on /. call for the total elimination of the patent system, but this probably wouldn't be the best way to kill it.

      <pedant>when talking about money M usually means thousand, and MM million.</pendant>

    3. Re:Capping the maximum damages awarded. by Shads · · Score: 2, Insightful

      Good solution would be a patent is valid for 10 years from its inception, after that it becomes PD and is never patentable again.

      Most of the patents we see today are stupid, transmitting email wirelessly over a tcp connection...durr. They're granted because the examiners have -zero- clue what they're doing in most cases... and if you don't like the examiner you got, feel free to resubmit till you get one stupid enough to grant your inane bullshit.

      --
      Shadus
  20. Re:Business based on law suites by scoove · · Score: 3, Interesting

    Is it just me or does this speak so clearly to the culture we have developed in the US?

    Not really. Parasites exist in most systems and represent a legitimate (though culturally reprehensible) strategy in game theory, economics, etc. "Patent trolls" exemplify parasitic behavior by trying to obtain resources (cash, reputation) without being responsible for original productive work. They live off of others efforts through a less-than-equitable exchange.

    Think about how long criminal organizations have coerced others through various rackets - Mafia "insurance" rackets (e.g. pay me for fire insurance so Tony here won't burn your business down tonight). To many, this behavior is wrong (it certainly introduces greater inefficiencies), but at a minimal level, it provides the benefit of killing off the weak. Economies really want to see the weak removed as it punishes bad strategy and allows those who made better decisions to attain their reward. Parasitism is also a moderate risk strategy for those that speculate on the patent troll organizations as their capital invested to pay the legal bills is very much at total risk.

    It just sounds like this corporation exists only to gather every patent it can get it's hands on

    The real disappointment is that the U.S. legal system does not provide an opportunity for greater risk than the invested capital paid into these speculative patent troll firms. For example, if this firm loses in the joystick litigation and goes bankrupt, all those who invested in it only lose their capital they intentionally placed at risk. If you put in $100K for your shares, you're out $100K. A "loser pays" judicial system would help reduce repeat behavior as a troll firm once successful would likely rather liquidate and take the gains after one win, rather than expose it all to a second, so this type of reform would not really address the core problem.

    I'd advocate a personal liability provision similar to the attestation liability that public corporation executives now have due to Sarbanes Oxley (e.g. they are personally at risk to significant criminal penalties for the integrity of their company's financial statements). If you really believe in your claims and seek to litigate on the patent issue, you'll be required to place a $500K bond with the court which will be forfeit if your case is determined to be frivolous. Combine this exposure with dramatically increased sanctions against attorneys for polluting the system with this junk (e.g. one year suspension of their license for the first offense) and you'll reduce this parasitism to a more normal frequency.

  21. Fixing the system by bcharr2 · · Score: 3, Interesting

    You would think it was possible to put our nations academic institutions into the patent review loop.

    Company applies for patent, patent judge receives comments from university departments focused on that type of technology, judge reviews comments to verify if this is a revolutionary new idea worth granting a patent to or not.

    I also liked the suggestion that the cost of patenting scale up the more patents one files within a given timeframe. This should keep a company from essentially conducting a "denial of patent review" attack by filing so many similar patents that the academics will simply give up participating in the system.

    I would also like to see some sort of financial pentalty applied to corporations who attempt to patent existing work. In this case, if the court finds the patent should never have been granted, I would accompany the dismissal of their lawsuit with a hefty fine. Force companies to conduct solid research instead of just filing some paperwork and seeing what they can slip through the system.

    1. Re:Fixing the system by Infinityis · · Score: 3, Insightful

      Actually, it might work to just stipulate the award money in advance, and then whichever side loses the patent suit would be required to pay out that amount to the winner. If you *know* that your patent is being infringed and that it will hold up, then go for the big dollars because they are rightly yours. However, if there is even a shadow of a doubt that there might be prior art or something else that would invalidate your patent, then patent trolls will think twice before adding a few zeros to the damages they seek.

      The fundamental problem is that the potential cost of losing is so low that it is becoming commoditized, which is why we're starting to see patents being bought and sold in bulk.

  22. Re:Patented in 2001? by wjsteele · · Score: 2, Informative

    Heck, for that matter, the XBox (Classic) uses a USB interface for it's controllers, too. There's just an additional 3.3volt line for other purposes like light pens, etc.

    Bill

    --
    It's my Sig and you can't have it. Mine! All Mine!
  23. Re:Aren't the approaching it wrong? by Alchemar · · Score: 2, Interesting

    I agree that the current system needs a complete overhaul, but there is a very good mechanism in the current system for eliminating the need of defensive patents. You don't have to patent before they do, you don't have to abolish patents, you just have to publish the idea. If you make a discovery that you are not going enforce patents on, but want to protect yourself from someone else patening it, you just have to publish it, and it can't be patented. Defensive patents only work against other large companies that actually produce a product. If they threaten your product with a patent violation, you threaten thier's. With a patent troll that doesn't make anything, you don't have the leverage. Publishing puts the idea in the public domain, is much cheaper, and is much easier to defend in court. You aren't comparing the specific details of your patent with the details of thiers, you are comparing the specifics of their patent with the general idea that you published.

  24. Re:Business based on law suites by cowscows · · Score: 2, Funny

    I don't know man... the local technical college was advertising some interesting courses on the radio this morning. "Owning ideas you'll never implement", "Children say the darndest things (that you can sue their parents for)", and my personal favorite, "Injuring yourself with every-day home objects for fun and profit".

    I went to a real university and have a graduate degree, and I still have to work like, at least 40 hours per week! American Dream my ass!

    --

    One time I threw a brick at a duck.

  25. USB by RancidMilk · · Score: 2, Interesting

    I believe that my usb port works as a joystiq port on my computer. So I believe that usb is the next to go.

  26. Its called "reexamination" by kansas1051 · · Score: 5, Informative
    What we need, as part of patent reform, is the ability to call BS on a patent during these lawsuits, which puts the infringement claim on hold until the patent itself is reviewed and debated over. Start a seperate court case to review the patent, with both parties able to produce evidence and expert testimony about the technology in question. If the patent is ruled bogus, then it should be invalidated on the spot and the infringement suit dropped.

    The U.S. Patent Office has such a procedure -- its called "reexamination." "Inter parties" reexamination allows two parties (the patentee and an accused infringer) to "reexamine" a patent before the USPTO in view of new prior art. If the USPTO agrees with the accused infringer, it can invalidate the patent. Lawsuits regarding patents in reexamination are commonly stayed (i.e. put on hold) until the reexamination terminates.

    Reexams often result in dubious patents being invalidated. The reason you do not read about them more often on /. is that the purported prior art is often grossly exaggerated by the accused infringer (as in the RIM/NTP patent case), so there may not actually be sufficient grounds to invalidate the patent.

  27. Re:Business based on law suites by UbuntuDupe · · Score: 3, Insightful

    Not really. Parasites exist in most systems and represent a legitimate (though culturally reprehensible) strategy in game theory, economics, etc.

    That's true, but I think the parent was referring to the lawsuit lottery mentality whereby people dream of ways to snare wealthy corporations by suing them in unanticipated ways and thus get rich. In the US, no jury's findings are binding on another's, so if the first jury says, "placing a warning this way would have sufficed", and the corporation switches to that way, the next jury is free to rape it again for insufficient warning. Plus, juries are likely to rule out of sympathy ("Well, the doctor didn't really do anything wrong, but gee, it would really suck to be the patient now, and gosh, those insurance companies sure have unlimited money, so what the hell...") or desire for fame ("Hey, we can't get on Oprah unless we rule against the big evil corporation, and gosh, isn't that plaintiff's attorney so sweet the way he smiles...").

    Does it happen in other countries? Sure, but not nearly as often. For example, Japan has a similarly developed economy but only a fraction of the lawyers per capita and "investment" in the legal system.

    To many, this behavior is wrong (it certainly introduces greater inefficiencies), but at a minimal level, it provides the benefit of killing off the weak.

    Well, it provides the "benefit" of killing off those who are weak *along a certain dimension*, but being weak along that dimension rarely means you're a drain on the economy somehow. Sure, Mr. Viklstein can't defend his bank against arsonists, but that doesn't mean he's a drain on the economy.

    That said, I agree there should be a sort of "loser pays" system for frivolous suits like you've suggested.

  28. Re:Business based on law suites by planetmn · · Score: 2, Interesting

    The real disappointment is that the U.S. legal system does not provide an opportunity for greater risk than the invested capital paid into these speculative patent troll firms. For example, if this firm loses in the joystick litigation and goes bankrupt, all those who invested in it only lose their capital they intentionally placed at risk. If you put in $100K for your shares, you're out $100K. A "loser pays" judicial system would help reduce repeat behavior as a troll firm once successful would likely rather liquidate and take the gains after one win, rather than expose it all to a second, so this type of reform would not really address the core problem.

    I don't like loser pays for one reason, the underdog never has an advantage. If you are an inventor with a patent that a large multi-national corporation steals, what is your recourse in loser pays? Not only do you have to fight an uphill battle because the large company has more money, more lawyers and more time than you, but if you lose (and not necessarily because you are wrong, but because the system isn't 100% perfect), the downside is huge. You now have to pay for the huge, expensive legal team.

    Now to be fair, I don't have a better idea, but I just think that as an overall strategy, loser-pays will be abused just like the current system is.

    Also, I don't believe loser-pays will prevent patent-trolls. Once incorporated, the people behind the troll company are reasonabliy well protected. They win one lawsuit, pay out to the investors, and start up with round two. As the company has virtually no assets, there is nothing that can be taken to pay out should they lose. Now you could change the rules regarding corporations, but that would have widespread effects far beyond the issue of patents.

    If you really believe in your claims and seek to litigate on the patent issue, you'll be required to place a $500K bond with the court which will be forfeit if your case is determined to be frivolous.

    Again, this is an idea that hurts the small inventor. If I have a patent that somebody infringes, not only do I have to fund the suit, but I now have to come up with another $500k bond? Sure, I could try to find some investors, but in a David vs. Goliath fight with a large corporation, good luck. Especially if it were a loser-pays system.

    Something needs to be done. Better checking of patents. Quicker expiration of patents. Maybe required use of patents or they expire much more quickly. But I think the ideas behind loser-pays or bonding hurts the small guy and does nothing to the well organized patent troll.

    -dave

    --
    /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
  29. Re:Business based on law suites by planetmn · · Score: 2, Interesting

    You've got to be kidding, this is regarded as classic American culture these days by people in the UK.

    And obviously if you Brits have that opinion of us, it must be true.

    people can sue McDonalds for not warning people that their coffee will be hot

    Have you actually read about the facts in the case? It's not quite as frivalous as it might seem.

    It's sickening to always hear of the idiocy and apparent corruption in the legal and political systems over there.

    And it's what you hear about because it's sensationalist. Obviously you aren't going to hear about the thousands of small companies that are started and grow to become successful. Nobody wants to read about that, especially when it's thousands of miles away.

    I'm hoping the pet one was an urban myth, but somehow.. I don't think so.

    I think this statement says it perfectly. You have no clue what the reality is, but you are willing to assume that these stories are true.

    Believe me, there are plenty of stories of idiocy and corruption about the UK and other countries that I hear about, yet I am able to realize that, one, these are generally not the norm of that society, and two, that what eventually makes it's way over the pond is generally the entertaining stuff.

    -dave

    --
    /., where "Apple and Google provide Iran with nukes" will be refuted with "But Microsoft is a convicted monopolist"
  30. Prior Art circa 1977 by pcjunky · · Score: 2, Informative

    This exact circuit was used in the Apple II in 1977. Copied by IBM in the IBM PC in 1981. May have been used prior to this. This circuit is so common they had to know that this was used many years ago. If I were a defendant in this case I would counter sue claiming they knowingly patented something that was in common use without disclosing the prior art just so they could intimidate companies. This a fraud on the patent office!

  31. Join the USPTO! by blckbllr · · Score: 2, Interesting

    Y'know, a lot of the posts in this comment section seem to be of the type "well, there's this prior art out there so there's no way a patent should have issued!"

    That being said, ultimately, it is the responsibility of the patent examiner to determine whether or not the claims of the patent are indeed patentable (useful, novel, nonobvious, etc.). However, don't blame the patent examiner. These poor souls are overworked and underpaid, and the backlog for many applications awaiting examination nowadays are in the 3-5 years range. For example, if you look at the public PAIR information for this particular patent here, you'll see that this particular application (App. No. 09/113,503) was initially assigned to group art unit 2635. In general, art unit 2600 is really swamped.

    So, what can you do? Rather than bitchin' and moanin' that the patent system of the U.S. is "broken," become a patent examiner! Take a look at a partial list of employment opportunities here and apply! If you want a faster link, here's the actual Patent Examiner Employment Application.

    So, do your civic and scientific duty today and join the ranks of the PTO!

    1. Re:Join the USPTO! by mavenguy · · Score: 2, Informative

      While I suspect your comment was made in jest I must say that anyone who succeeded in being hired would be quickly disabused of any hope of being effective.

      The problem is not in the trenches but in a management culture, developed over decades (starting back in the late 1960's) that based patent examination as a process measured, effectively, by easily determined metrics such as number of applications processed per unit time ("Hours per balanced disposals") and timeliness of actions (oldest new application moved every other bi-week, amendments acted on within two months). Although quality is nominally figured into examiner evaluation, this requires a manager to actually look at the claims and prior art and make a judgment, if necessary, finding better prior art to show poor quality. This would require real work on the managers part. On the other hand, boasting to Congress how the PTO has processed a record number of applications and reduced pendency is easier to show, so this is what PTO management has done.

      The sad state of quality, however, has not gone unnoticed recently, so the management has had to react; unfortunately, unwilling to seriously scrap the process-oriented system their solutions involve "bolting on" various review oriented initiatives, such as "quality review" (a separate unit that samples allowed applications) and "second pair of eyes" review for all allowances in the art unit, all of which are after the fact and fail to tackle the basic flaw of the "time in motion" mentality.

      The result of this is an appalling actual level of quality and very low morale in the examining corps. The high attrition rate that complicates PTO staffing goals includes quits and firings due to failure to meet process goals; I'm not sure many, if any, are based on real quality issues such as allowing an unpatentable claim.

  32. There is Prior Art by ajs318 · · Score: 2, Informative
    This patent is null and void: there is Prior Art which invalidates it.

    Back in the 1970s - 1980s, 8-bit computers used to measure the resistance of a joystick potentiometer using this setup:

    One end of the joystick pot (VR1) is connected to the main logic supply voltage (1). The slider (3) is connected to a capacitor (C1). The other terminal of the capacitor is earthed. The junction (3) of the variable resistance and capacitor is connected via a safety resistance (R1) to a logic input (4) on IC1. An open-collector logic output is also connected to this input. To take a reading the O/C output is driven low to discharge C1, then allowed to float. At some later moment in time, the capacitor will have charged to the point where the voltage at (4) exceeds its input threshhold and the input will read as a "1". By measuring the time which elapses between the forcible discharging of C1 and the triggering of the input, we can determine the unknown resistance between (1) and (3), and thus the position of the joystick.

    Even the IBM PC used this technique when a joystick port was added! Right up to the days when USB became standard for PC joysticks, every PC had a 15-pin DIN connector (colour: mustard) with four such inputs plus some switch inputs. The Atari 9-pin DIN joystick port (which would eventually go on to become a de facto standard) featured two resistance inputs which were normally used by the paddle controllers, but (because, if fitted with a simple pull-up resistance and the O/C output is left open, they are switch inputs) became the extra mouse buttons on the Amiga. All this was done long enough ago that, had any patent ever covered it (which is frankly pretty unlikely; the idea of determining an unknown resistance by using it in an oscillator and measuring the period of said oscillator should be obvious to anyone who knows how to wire a 13 amp plug, let alone an "expert" in the field), it would certainly have expired by now.

    The circuit goes something like this;

    * 1970s-style Joystick Port
    * Node 1 is +5 Volts
    VR1 1 2 3 POT100K
    C1 3 0 0.1U
    R1 3 4 1K
    * Node 4 is a logic input tied to an O/C output
    IC1 ..... 4 .....
    Note also that this method was not universal. The BBC computer used a 12-bit A-D converter (mapped to the upper 12 bits of a two-byte word), with the tracks of the pots between a reference supply and ground; the Dragon 32 used a 6-bit ADC formed from a DAC (also used, via an analogue DUX, for cassette and audio output!) and comparator.
    --
    Je fume. Tu fumes. Nous fûmes!
  33. My recommendation for patent reform by szembek · · Score: 3, Insightful

    We need a 'use it or lose it' mentality to patents. If you patent a new type of mouse and it's 7 years later and somebody else is selling these mice and you haven't done shit with yours... then too bad so sad. This will eliminate these patent trolls.

    --
    nothing
  34. Nintendo has patents on all there ports by majortom1981 · · Score: 2, Informative

    Nitnendo has patents on all there ports and connecters so how would this tandup against that ?

  35. Bring 'em on by tji · · Score: 2, Interesting

    This is good stuff.. Patent trolls don't have the kind of money needed to buy congressmen. And, the deep pocketed companies they are after surely do. So, hopefully this continues, and those big companies get the congressmen they control to reform the patent system.

  36. Airforce... by flyingfsck · · Score: 3, Funny

    They should sue the US Airforce for using joysticks in fighter planes. Maybe some pilot will get angry and press the launch button to solve the whole problem once and for all...

    --
    Excuse me, but please get off my Pennisetum Clandestinum, eh!
  37. ATTN: Fenner Investments by 8ball629 · · Score: 2, Funny

    Please file a patent lawsuit against IBM so we don't have to deal with your trolling anymore.

    Best Regards,
    The World

  38. I've heard some excellent ideas here but by RexDevious · · Score: 2, Insightful

    but I haven't heard any explanation of how they might be implemented. Say you want to see a common sense reform like, "You can't patent a business process" or "You can't patent something you've never created". How would that reform happen? Do we just hope the SCOTUS intervenes, making a ruling during a case which has ramifications for other cases? Would the Congress need to pass a bill laying out such a reform? Is there anything we can do as citizens to push things in the right direction?

    The only thing I can think of is to patent a method of "Reducing and preventing severe head pain, through the application of a system which regulates the velocity of any high density object as it approaches the cranial system. The forumla for the appropriate approach is F=MA, where F is less than painful"; and then suing the patent trolls for infringement. Of course, I wouldn't settle out of court; I'd demand an immediate cease-and-desist.

    Not smashing yourself over the head with blunt objects? Hey... that's *my* idea!

  39. Patent Pirates by rjriley · · Score: 3, Informative
    It is the outrageous conduct of patent pirates which transforms fun loving inventors into mythical ugly patent trolls. First they steal the inventor's property and then they abuse the legal system to rape the inventor. Meanwhile they use money they make from such theft to conduct massive PR campaigns in an effort to paint any inventor who has the gall to defend the patent PROPERTY rights as bad players.

    ====

    The Professional Inventors Alliance USA was created more than a decade ago to protect American invention and encourage innovation. American inventors saw a need to track congressional legislation and federal policy that impacts independent inventors, small and medium-sized businesses and colleges and universities. The Alliance is the premiere organization in the nation, providing independent inventors a united voice in order to improve public policy.

    The Alliance provides legislative counsel, congressional updates and strategy development to its members through a number of vehicles. Additionally, through its speaker's bureau, Alliance members have an opportunity to provide expert opinion to many of the nation's top-tier business, technology and mainstream media organizations. Over the years its members have testified before Congress, offered counsel to key Senate and House committee members, and successfully pushed legislation to protect America's independent inventors.

    Since its inception, the Alliance has grown into one of the most vocal advocates for America's patent system.

    Examples of areas of our expertise include David Vs. Goliath patent litigation, patent reform, and we have a unique view of the companies comprising the "Coalition for Patent Piracy".

    Ronald J. Riley,

    President - www.PIAUSA.org - RJR at PIAUSA.org
    Executive Director - www.InventorEd.org - RJR at InvEd.org
    Direct (202) 318-1595 - 9 am to 9 pm EST.

  40. Re:Business based on law suites by Waffle+Iron · · Score: 2, Informative
    You think that "hot coffee" is no big deal probably because you've only dealt with "normal" coffee, which is usually around 150F/50C. (And in fact, that's about how hot it is when it comes out of my drip machine.) McDonald's was serving coffee at almost 200F/80C, which is about twice as hot relative to body temperature as most consumers would expect. What's more, they put it in insulated foam cups with lids that stop evaporation, so the coffee stays that hot for much longer than people expect.

    Almost everyone would exercise a lot more caution handling a pot of water at a full rolling boil on their laps than a cup of coffee. However, McDonalds was selling something that looked just like the latter, but was actually almost as dangerous as the former. Moreover, they had received multiple reports of injuries due to this, and did nothing.

  41. My attempt at interpretting the patent by DeadCatX2 · · Score: 3, Informative

    From my inspection of the patent, it appears that their "invention" is supposed to allow a joystick which operates with a 5 V supply to interface to a circuit which does not operate on a 5 V supply.

    This isn't just obvious, it's necessary! Anyone even half-assed skilled in the art would know that you need to do something to connect a 5 V TTL output to a 3.3 V LVTTL input.

    Okay, so maybe their something is novel or nonobvious. In fact, it's neither; they're using a tri-state buffer's threshold voltage as a comparator.

    Basically, digital logic circuits can have any manner of analog voltages applied to them. Circuit designers specify these voltages as Vil (voltage input low threshold) and Vih (voltage input high threshold). Any input voltage below Vil will generate an digital output voltage below Vol (voltage output low), which is usually interpreted as logic 0. Any input voltage above Vih will, correspondingly, generate a voltage above Voh, which is usually interpreted as logic 1.

    They specify that their buffer has hysteresis, so that way it won't suffer from the metastability that usually occurs when you feed a digital circuit an input voltage between Vil and Vih.

    Keep in mind that these components are all COTS (common-off-the-shelf) parts.

    They just drain a capacitor, which causes the input of the buffer to go below Vil, so the buffer outputs a logic 0, which raises a PCin bit (whose voltage level is not the 5V joystick level), let the capacitor charge through the potentiometer whose resistance is proportional to the current joystick position (which cap is being charged by a 5V supply), and when the charging capacitor exceeds Vih of the input buffer, the buffer outputs a logic 1, causing the PCin bit to go low again.

    There's some miscellaneous stuff about resetting, the order in which to apply signals to make the process work, etc. But, basically, the whole patent is bollocks.

    I also like how they have a small piece in their patent filing about how those skilled in the art will see obvious ways to modify their patent's invention, and that these modifications are still "in the spirit" of what the patent covers and are thus covered by the patent.

    --
    :(){ :|:& };:
  42. Bogus claims describe a PC Joystick by wiredlogic · · Score: 2, Insightful

    The claims are all describing the old "dumb" analog PC joystick. The claims specifically describes the joystick as being dependent on a processor on the other side of the interface to perform the procedure of measuring the position of the joystick. Ignoring the scads of prior art for this type of joystick, all modern consoles with analog sticks and all USB joysticks have some form of integrated processor that performs the procedure described in the claims before anything goes out over the interface. Even if the patent were valid there can be no valid claim of infringement for any modern hardware.

    --
    I am becoming gerund, destroyer of verbs.
  43. Re:This is junk by Anonymous Coward · · Score: 5, Insightful

    This patent is a monopoly on something obvious. No, it's not quite a "patent on the joystick port" if you read it (but don't read it, if you read it they could get triple damages!) (amigas and other platforms had analogue and digital joysticks in the 1980s of course, so it would be instantly invalidated if that was all it was).

    However, it is still neither non-obvious nor particularly inventive, to the people whose opinion should count (of course, the people whose opinions count in the USA are MBAs, PHBs, Lawyers and just about anyone other than engineers!).

    Asking USPTO folk to judge patent novelty is a bit like those stereotypical primitives on a tropical island who are wowed by the god-like power of motor boats and airplanes. People judging the validity of patents are, almost necessarily, unqualified: the people who would be qualified either detest patents (most engineers, not just in software, btw) or can earn far more actually working as engineers or both. So you end up with, well, weenies, in charge of handing out 20 year monopolies.

  44. And back up again slightly revised by michaelwigle · · Score: 2, Informative

    Thanks for providing the link to the talkback. I didn't even know that part existed. After reading the entry I saw that the only problem with my entry was that it should have linked to the Slashdot article that included the phrase "patent troll" in the submission. I've resubmitted with that change and expect it to stay up. Quite a learning experience but it was about time I started learning about Wikipedia since so many people are starting to use it. Like many new technologies, I have to learn it, but I don't have to like it. :P

  45. Re:Business based on law suites by nuzak · · Score: 2, Informative

    > she still held the coffee between her knees while trying to take off the lid

    The fact that neither the cup or the lid was designed for the temperature that McD's was serving the coffee at had something to do with it. Stella Liebeck wasn't exactly the first person to suffer serious burns either. And incidentally, she only sued for the medical expenses -- the jury awarded the large punitive damages (that were later reduced in a secret settlement) because of some pretty outrageous conduct by McDonalds, including but not limited to going to the press and smearing Liebeck publicly as a gold-digger. Personally, I don't think they paid enough.

    I remember getting McDonalds coffee in those days -- the lid would just come right off because the heat from the coffee deformed it. Nasty coffee, but bitter cold winters, and they were along the way to the bus stop.

    --
    Done with slashdot, done with nerds, getting a life.
  46. A Fascinating Patent by ratboy666 · · Score: 3, Insightful

    but not in a good sense.

    An explanation for those who don't want to read the patent:

    An anlog joystick is pretty much a variable resistor. In order to convert this into a digital domain, the resistance must be measured. We know that the resistor itself can be used to change the discharge time of a capacitor -- this is common. Meauring the discharge time means determining the time the capacitor goes from one voltage to a lower voltage. Which, by its very nature is a "pulse".

    And this patent seems to cover all such interfaces in the "joystick" domain.

    Now, I can come up with alternate methods for reading the resistance. First one (off the top of my head), is to use a series of resistors controlled by a latched value to produce a reference voltage which is then sent through the joystick resistance. The final output is run through a gate which triggers at a reference voltage. Via search, we can determine the target joystick resistance. (I would probably use a binary search). But this is not any where NEAR as simple or obvious as the R-C approach.

    Now, the R-C approach has been used for other variable resistors (prior to 1998) -- the "joystick" application is the only new thing. I used it myself in the 80's. Just never for a joystick (not being into gaming). Its main benefits are that it needs only a single input pin and the circuit is simple. But, given those constraints it is obvious.

    Oh well -- go patent trolls. Sure glad I am not in the US.

    --
    Just another "Cubible(sic) Joe" 2 17 3061
  47. Re:This is junk by TavisJohn · · Score: 2, Interesting

    Bingo! This patent troll is going to loose. The Atari 2600, 7800, Commodore 64, and the Nintendo Entertainment System and many had Joystick ports. The http://en.wikipedia.org/wiki/Nintendo_Entertainmen t_System was out years before that patent was filed. So sense prior "art" exists, then they do not have a leg to stand on!

    Personally I think that if a patent is found (In court) that it is not valid, it should be taken from the patent whores and givin to the Public Domain.

    I wonder if it is possible to file for a patent, and donate it to the public domain directly. Then "Patent Heros" could file for simple, and basic patents, and then just give them to the public, where they belong!

  48. Totally Bogus by DLPotts · · Score: 3, Informative

    Few things to point out here. 1) I don't know who filed the infringement on this patent. 2) I am one of the inventors of this patent (DLPotts from Royersford, PA). I have no idea how they expect this to fly in court. Why? The idea of the patent directly ties to JOYSTICK PORTS on PC's, and NOTHING else. The Joystick port on the PC is a 5volt open collector port that uses sampled time to determine if the potentiometer has moved or not. Eventually the semiconductors involved dropped to 3.3 volt and thus the Joystick port would not function any more. The Patent reflects how the port had to be modified to accept a current joystick (ones designed to run on 5 volt) and still be accurate. The idea behind the design was not to stop people from inventing a low voltage joystick such as Nintendo, Sony and MS have done, but a way to use the (then current) joysticks in future systems. Since none of the game consoles involved actually use "PC JOYSTICK" ports (they have created their own ports), and they are not interfacing to the analog PC joysticks of the time; there is no way that this would ever stand up in court. I would also like to give a shout out to Jalil Fadavi of this patent too; he lost his battle to cancer a few months back.. He was a great man.

  49. Isn't a joystick port basically... by Dretep · · Score: 2, Funny

    ...insert Rod A into Slot B? Weren't there electrical outlets before joystick ports? We could go back to creation and argue the original patent for inserting Rod A into Slot B could be awarded to God.