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Nintendo Loses Controller Patent Lawsuit
kryogen1x alerts us to coverage at 1up indicating that Nintendo controller may soon become scarce — Nintendo lost in court to Anascape over analog sticks in their Wii and GameCube controllers.This isn't the first time the big manufacturers have been targeted in lawsuits involving features in their controllers. From the article: "The lawsuit concerns the analog sticks in the Classic Controller and GameCube controllers, which Texas-based Anascape Ltd. claims to hold a patent on that Nintendo violated. The court has ruled in favor of Anascape, and US District Judge Ron Clark has rejected Nintendo's request for a new trial. As a result, Clark said he will put a ban on the sale of the controllers (which includes sales of GameCube systems) starting tomorrow, July 23, unless Nintendo posts a bond or puts royalties into an escrow account."
A look at corporate head quarters sheds some additional light on the situation.
I'm sick of following my dreams. I'm just going to ask where they're goin' and hook up with 'em later.
Here is one way to fix the problem: let the Patent Office be heavily penalized for every patent overturned by the courts. If the Office goes bankrupt as a result of its own negligence, too bad, let it die. Congress can always start a new Office with completely different management.
At the moment, the Patent Office is too unaccountable; there is little penalty for doing shoddy work. The threat of bankruptcy might concentrate a few minds over there.
Or it's a case of choosing a venue where the judge knows a patent from a potato, where the magistrates are experienced with patent matters for expedited pretrial proceedings, and where the docket that isn't clogged with federal criminal cases that prevent timely resolution of civil matters. Very little in a patent case is decided by the jury and much of what the jury has power over can be corrected on appeal should the jury err. The Eastern District of Texas (and other "rocket dockets") are popular with plaintiffs because they provide the plaintiff with a predictable litigation timetable. They all appeal to the same place (CAFC) so they all follow the same law and extraordinary jury outcomes will be subjected to the same review.
Sony and Microsoft already payed these guys. They apparently have a pretty good case.
This is exciting. Brad Armstrong is my good friend Alex's uncle. I actually met him two months ago at a graduation. Brad is a very friendly and interesting guy. Alex says he's been an inventor most of his life and has been screwed out of a lot of patients. He invented the joystick sensitivity function found in Nintendo, Sony, and Microsoft controllers. He recently won a lawsuit against the two latter corporations, and now he finally won the third. Interesting... he's now rich, but not as rich as Nintendo.