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Interactive Exercise Company Sues Nintendo For Patent Infringement

Posted by Soulskill on from the blurring-lines dept.

isometric writes with this excerpt from Gamasutra: "IA Labs is accusing Nintendo of infringing on two separate IA Labs patents through technology used in the Nintendo Wii, Wii Fit, Wii Fit Plus, the Wii Balance Board, Wii Remote, Wii Wheel, Wii MotionPlus, Wii Nunchuck and Wii Zapper. ... The patents in question are 'Computer interactive isometric exercise system and method for operatively interconnecting the exercise system to a computer system for use as a peripheral' and 'Force measurement system for an isometric exercise device.' The claim said that IA Labs had been in contact with Nintendo during 2007-2008, discussing possible overlaps of IA Labs and Nintendo patents. Emails between IA Labs and Nintendo showed that IA Labs wanted to license its technology to Nintendo. IA Labs was also in talks with Nintendo about a product called Sqweeze, a controller for Wii and PC that's meant to increase physical activity when gaming."

67 comments

  1. Hopefully Nintendo's track and field games count by Anonymous Coward · · Score: 0

    Hopefully Nintendo's track and field games count as prior art. The problem here is that we're now dealing with hardware.

  2. Re:Hopefully Nintendo's track and field games coun by stoned_hamster · · Score: 2, Funny

    and if we're lucky, the Wii will not go away. Its a pretty good system, just needs to get some of the kinks worked out. plus, who here doesn't like the pictures of the guy who threw his Wii remote thru his tv?

    --
    Smoking cures cancer. Smoking also cures stupidity. check darwinawards . com for some stupid stuff
  3. LIke the old addage (or new?) says, by Aldenissin · · Score: 5, Funny

    Those who can, do. Those whose products and marketing suck, sue!

    --
    Like a city whose walls are broken down is a man who lacks self-control.
    1. Re:LIke the old addage (or new?) says, by Anonymous Coward · · Score: 0

      Except Nintendo had contacted them about the technology. Just like Microsoft of old (maybe they still do), they looked at the product, went away and basically stole it, knowing the smaller company is very unlikely to win a long very drawn out court case.

    2. Re:LIke the old addage (or new?) says, by jIyajbe · · Score: 2, Informative
      Actually, I don't think IA products suck; I am one of the (apparently) few owners of their Kilowatt fitness controllers for the original XBox. It works really well, it is a sensitive controller, and it really makes some games incredibly fun. And, after an hour or two, I am seriously worn out. (I work out in more traditional ways, too.)

      However, I agree that their marketing sucks.

      --
      "Don't blame the log for the fire." --Andrew Ratshin
    3. Re:LIke the old addage (or new?) says, by NeutronCowboy · · Score: 1

      Schweet. I've created an old adage. :D

      --
      Those who can, do. Those who can't, sue.
    4. Re:LIke the old addage (or new?) says, by Aldenissin · · Score: 1

      It's a figure of speech, "the old adage." Now on the end of surveys there should be a NeutronCowboy option instead of a Cowboy Neal because of your big head. (I kid, I kid.)

      --
      Like a city whose walls are broken down is a man who lacks self-control.
  4. Moderation by girlintraining · · Score: 0, Offtopic

    Where's the mod tool for marking an entire story -1, Troll?

    --
    #fuckbeta #iamslashdot #dicemustdie
  5. Re:Latency at best? by Anonymous Coward · · Score: 0

    Wow, your post is so stupid. I could hardly stand it.

    First this isn't copyright. Second read the fucking article.

  6. Re:Latency at best? by shentino · · Score: 1

    copyright

    RTFS

  7. Prior Art? by Anonymous Coward · · Score: 1, Informative

    http://en.wikipedia.org/wiki/Power_Pad seems to take care of this patent: "Computer interactive isometric exercise system and method for operatively interconnecting the exercise system to a computer system for use as a peripheral", though not sure about the force measurement one.

    1. Re:Prior Art? by Anonymous Coward · · Score: 0

      Atari had a system quite close to Wii balance board long ago:
      http://gonintendo.com/viewstory.php?id=42384

    2. Re:Prior Art? by Dachannien · · Score: 1

      Yeah, great job finding prior art that anticipates the title. Now go read the claims and see how well you do with those, since that's the only thing that counts.

    3. Re:Prior Art? by Mikkeles · · Score: 3, Insightful

      Controlling any device with a computer based in data from sensors is not inovative and should not be patentable regardless of how many adjectives are added.

      --
      Great minds think alike; fools seldom differ.
    4. Re:Prior Art? by Anonymous Coward · · Score: 0

      "on teh interwebs" still works like a charm

    5. Re:Prior Art? by Dachannien · · Score: 0, Flamebait

      Too bad that's not how the law works.

  8. those who do not know history (of computers) by ChipMonk · · Score: 4, Interesting

    The Amiga's "Guru Meditation Error" is derived from a balance board connected as a peripheral. IA did not have an original idea here. I strongly doubt it was original with Amiga, either.

    1. Re:those who do not know history (of computers) by phantomfive · · Score: 1

      It doesn't matter if someone else had a balance board, that is not enough to invalidate a patent. All that matters is if the specific configuration mentioned in the claims section of the patent is original (and it probably is, they tried to write it in such a way that it would be original), and that the specific configuration matches the nintendo device.

      You can find the patents themselves by pasting the titles of the patents into a Google search.

      --
      Qxe4
    2. Re:those who do not know history (of computers) by damn_registrars · · Score: 2, Funny

      The Amiga's "Guru Meditation Error"

      If anyone is seeking compensation for use of the "Guru Meditation Error" they might want to consider going after slashdot as well; I see Guru Meditation Errors on slashdot at least 5-10 times a week...

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    3. Re:those who do not know history (of computers) by Splab · · Score: 1

      well that, and it has to be non-obvious, but if someone has already done the same thing with different materials it's no longer non-obvious when you do it.

    4. Re:those who do not know history (of computers) by phantomfive · · Score: 1

      From a legal perspective, it is hard to prove things are obvious. Really, if one-click purchase doesn't count as obvious, then there is probably nothing that will count as obvious. Which in my opinion is the #1 single biggest problem with the patent system.

      --
      Qxe4
  9. it's patent, not copyright by ChipMonk · · Score: 2, Funny

    Please, don't confuse the terms. It only motivates the lawyers to continue muddying the waters.

  10. Nice Clear example of Patents Hurting the World by Anonymous Coward · · Score: 0

    A patent will stop cheap exercise equipment for people who need exercise and will undoubtedly die earlier if they don't get it.

    So the companies health is more important than the consumers health.

    Let em compete.

    1. Re:Nice Clear example of Patents Hurting the World by psychodelicacy · · Score: 1

      Riiiiight... because it's obviously impossible to get exercise without using a Wii.

      --
      A closed mouth gathers no foot.
    2. Re:Nice Clear example of Patents Hurting the World by ChipMonk · · Score: 1

      Not impossible, but it *is* less likely.

  11. But the Wii isn't isometric by jfengel · · Score: 4, Informative

    The remarkable, novel thing about the Wii was using accelerometers in its controller. That means you're not just applying force; you're doing so with a range of motion. That's aerobic exercise, using your own weight as the resistance.

    Isometrics are another good form of exercise, and they can be done with much simpler tools, since all you need to measure is force. But that isn't what the Wii is doing.

    1. Re:But the Wii isn't isometric by mindbrane · · Score: 0, Offtopic

      bench.free weights. 'nuff said

      --
      ideopath @ play
    2. Re:But the Wii isn't isometric by pushing-robot · · Score: 2, Insightful

      Yeah, I don't see how Nintendo could possibly be infringing. Nintendo's games aren't used for isometric exercises, the only Nintendo device that even contains strain gauges is the Balance Board—and similar force platforms have been used since before IA's patents were filed.

      On the other hand, they didn't file in East Texas, so they must think they actually have a case...

      --
      How can I believe you when you tell me what I don't want to hear?
    3. Re:But the Wii isn't isometric by mindbrane · · Score: 0, Offtopic

      thanks, but, really you didn't have to go to that much trouble. i know.

      --
      ideopath @ play
    4. Re:But the Wii isn't isometric by phantomfive · · Score: 2, Informative

      Here is one of the patents. If you look at the actual claims, you can see that what is needed is a device for doing isometric exercises, including a rod with a sensor that is used to detect force. The balance board alone doesn't have such a rod, so I think they needed to include the wii remote for it to count. It seems to me that the patent actually applies, as long as they can find any game that include isometric exercises (I've never played wii fit, so I don't know). Remember to understand if a patent applies to a device, you have to look at the claims, not the title; specifically the independent claims, which in this case are claim 1 and 9.

      Here is the other patent, I am too lazy to read through two patents in one day, someone else have a go.

      --
      Qxe4
    5. Re:But the Wii isn't isometric by AnotherUsername · · Score: 1

      Pushups. Pullups. Situps. Running. 'nuff said.

      --
      I don't like Linux. This doesn't make me a troll.
    6. Re:But the Wii isn't isometric by mindbrane · · Score: 1

      i actually sat for a minute coming up with some smart ass answers, but, really, i've got no argument with that, altho, i'd be less than honest if i didn't say swimming is a far better way to go than running. just in terms of an overall fitness programme, especially if you are seriously overweight; or, if like me, you've suffered a compression break on a femur and have joint issues

      --
      ideopath @ play
    7. Re:But the Wii isn't isometric by KarmaMB84 · · Score: 3, Informative

      They're describing a single device in the patent. Pretty much all the claims require that whatever device they claim infringes infringe Claim 1 or 9 which requires that the device itself be an isometric exercise system including a frame to support the user and a sensor affixed to an elongated rod. Claim 1 uses the language "elongated rod" and Claim 9 also repeats this requirement. They patented a very specific invention (the one in their figures).

      At least as far as the first patent, I don't think they can get away with suing over 2 separate non-infringing inventions because they can be combined to serve a similar purpose for specific pieces of software.

      The second patent's early claims sound like electronic scales until the more specific claims. If I'm not mistaken, Nintendo was initially going to work with bathroom scale makers on the technology in the balance board so that's probably where they got their ideas from. Chances are these guys are going to have to prove electronic scales aren't prior art or that Nintendo is infringing based on the more specific claims (they're pretty specific about such things as use of metals, resins etc). I suspect they won't get it to fly on just the initial claims due to prior art then get shot down as soon as the claims involving materials pops up and Nintendo is using a different material in their invention. In fact, after looking over all the claims of the second patent... did they really just patent their own implementation of a damn scale?

    8. Re:But the Wii isn't isometric by AnotherUsername · · Score: 2, Insightful

      I agree, swimming is better than running. I personally prefer running to swimming, due to the ability to just start running anywhere rather than go to a water source(pool, lake, ocean). Also, fewer speedos.

      --
      I don't like Linux. This doesn't make me a troll.
    9. Re:But the Wii isn't isometric by Altus · · Score: 1

      I'm having a hard time thinking of a single exercise in Wii Fit plus that is actually isometric. Pretty much all of them are dynamic.

      Some of the yoga poses might barely qualify, but stretching and exercise are not really the same thing.

      --

      "In America, first you get the sugar, then you get the power, then you get the women..." -H. Simpson

  12. Re:Latency at best? by adosch · · Score: 0, Redundant

    Let me reply to my own post to stop the pessimism against the post: #sed -i -r -e "s/copyright/patent/g" /my/post ...there. Fixed.

  13. Re: IA Labs actually around a lot longer by TimTucker · · Score: 2, Informative

    From reading the article, it looks like IA Labs is actually Powergrid Fitness -- a company that has been releasing gaming-based exercise devices since as early as 2004: http://www.futurelooks.com/forums/showthread.php?p=81382

    So definitely not what I would consider to be a "patent troll" given that they've had devices on the market since before any of the control mechanisms for the Wii were even announced.

    If you look around, they've been at CES with new or updated devices pretty much every year from 2004 onward.

  14. Patent Numbers? by nns6561 · · Score: 1

    Anybody have the patent numbers in question?

    1. Re:Patent Numbers? by Dachannien · · Score: 2, Informative

      7121982 and 7331226.

    2. Re:Patent Numbers? by phantomfive · · Score: 1

      If you do a Google search of the titles, a link to each one will show up.

      --
      Qxe4
  15. Re:Latency at best? by toleraen · · Score: 1
    Yeah the only way to fix your OP is probably to rm -rf /. Maybe reread the summary, focusing on the part that says:

    The claim said that IA Labs had been in contact with Nintendo during 2007-2008

  16. Re:Latency at best? by siride · · Score: 1

    Why do you need to run sed as root?

  17. They've also apparently patented plastic by KarmaMB84 · · Score: 1

    I have no idea how the Wii Wheel and Zapper could be infringing on their technology patents when they're nothing but plastic shells.

    1. Re:They've also apparently patented plastic by damn_registrars · · Score: 1

      Hmm, perhaps the careless parents who killed their toddler with atrocious gun safety habits will sue the owners of the wii zapper patent and this other company as well.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
    2. Re:They've also apparently patented plastic by HisOmniscience · · Score: 1

      How did those parents get a black zapper? I know Nintendo and Nyko sell their models only in white. (They could have painted it, but why bother.)

    3. Re:They've also apparently patented plastic by damn_registrars · · Score: 1

      That was one of many questions left unanswered at the time. And if you look at the image closer, you'll see that the zapper isn't only black, but it was made to look especially similar to the actual gun that the idiot left loaded and ready to fire within easy reach of the toddler. Hence the idiot went out of his way to get that particular zapper ... perhaps a very, very, far ways out of his way.

      That said, young children are naturally curious, and will generally try to put just about everything they can reach into their mouths. The parents are 100% the cause of the death of the toddler, not the Wii, the zapper, or even the loaded gun itself. The gun owner demonstrated an appalling lack of concern for gun - and toddler - safety, and now that young child is dead because of his utterly recklessness. The article as posted here did the same thing the parents did - tried to blame it on the Wii. I mention it here because those atrociously stupid parents will now probably try to sue this company as well.

      --
      Damn_registrars has no butt-hole. Damn_registrars has no use for a butt-hole.
  18. I still think software should be unpatentable by mrflash818 · · Score: 1

    ...it just seems that the recipe is: Wait till someone makes an honest effort software product that makes them money, then someone pops up and sues for money, due to infringement.

    So sick of this.

    Also tired of copyright extensions that keep works out of public hands, but is off-topic for this /. article.

    --
    Uh, Linux geek since 1999.
    1. Re:I still think software should be unpatentable by Anonymous Coward · · Score: 0

      This patent is hardware and software related.

      Hardware patents should be just that, hardware patents. If you can make other hardware that does the exact same thing, great. Its not covered just don't do it the way we did it. However software patents are fucking retarded.

      Imagine if the car was patented by the company before ford? Now imagine that patent was extended for 190 years. (the equivalent of 15 software years).

      Now imagine riding your horse to work still in 2010!!!

  19. wouldn't an electronic scale fit this description? by Nyder · · Score: 2, Insightful

    You use the scale as part of your excerise, ie. to check your weight.

    It requires balance, and if it's electric, it has some sort of computer (roughly) in it.

    It gets it's reading by the force of your gravity on it.

    --
    Be seeing you...
  20. I don't get it. by Kikuchi · · Score: 1

    If they're suing over a precise piece of hardware/software, they might get a point. But it looks to me like they're suing over the idea of linking an interactive material to a game and that's just plain stupid.

    --
    There's no scientific consensus that life is important.
  21. wii pot by Anonymous Coward · · Score: 0

    any time i hear that product's brand name my first reaction is that electronics and "water sports" can't possibly go well together; my second reaction is with that name i'm amazed that the first accessory and software wasn't some sort of baby potty training positive feedback system which would appropriately be called the wii pot.

  22. put an end! by alienzed · · Score: 0

    We really have to put a stop to all of this 'patent' bull. If you can come up with something, so can anyone else.

    --
    Never say never. Ah!! I did it again!
  23. Prior Art by AnotherUsername · · Score: 2, Informative

    Nintendo Power Pad, first released in 1986.

    --
    I don't like Linux. This doesn't make me a troll.
  24. This all ends when someone figures out... by Anonymous Coward · · Score: 1, Interesting

    That the criminal litigation for conspiracy to commit murder is cheaper than litigating with the patent troll. At that point all you need is a service provider - and I'm sure the Mafia is ready to chip in to help free trade :D

  25. Who do I cheer for /.? by OrwellianLurker · · Score: 3, Funny

    Do we hate Nintendo?

    --
    'Political power grows out of the barrel of a gun.' - Mao Tse-tung
    1. Re:Who do I cheer for /.? by ashidosan · · Score: 1

      When they release system updates to prevent projects like WiiBrew from enabling homebrew hackers, we hate them. When they are the victim of patent trolling, they have our brief, sarcastic sympathy.

  26. Remebmer when.... by ArcadeNut · · Score: 1

    Patents used to cover the implementation of an idea rather then the idea itself? I seriously doubt that Nintendo's implementation of these ideas is exactly the same as this companies..

    --
    Visit the Arcade Restoration Workshop @ http://www.arcaderestoration.com
    1. Re:Remebmer when.... by Anonymous Coward · · Score: 0

      Remember when the US wasn't insane? Good times.

      Oh well. All good things...

  27. Interactive Exercise company by Anonymous Coward · · Score: 0

    are a bunch of greedy, innovation stifling douches. I hope they all eat a bowl of hot dicks.

  28. Re: IA Labs actually around a lot longer by Gr8Apes · · Score: 1

    Take a look at the Wii history. They announced the Wii and controller in CES 2004. The prototypes were displayed in sep 2005.

    Looks to me like patent filing dates and claims would have to be closely looked at. However, the TFA notes only that IA wanted to license their "tech" to Nintendo. I'd like to license my tech to Nintendo too (I'll make some up in the next few minutes...;) That doesn't give me a real claim nor a court case I can win.

    --
    The cesspool just got a check and balance.
  29. Prior Art by canajin56 · · Score: 1

    Decades ago, my dad had a Nordic Track ski machine. The flywheel has a magnet in it that connects to a sensor for the speed display. My dad had the idea to connect it to a serial port for logging purposes, so you could get a graph of your speed over time. I further suggested connecting your speed to a game, for visual motivation. MONEY PLEASE.

    --
    ASCII stupid question, get a stupid ANSI
  30. shake weight by jeremymooer · · Score: 1

    the only thing that would make this story totally awesome: this company makes the shake weight!