Nintendo Defeats and Assumes Control of 'Patent Troll's' Portfolio After Victory
the simurgh sends this news from Gamespot:
"Nintendo has acquired the entire patent portfolio of now-defunct IA Labs following its victory in court, the Japanese gaming giant has announced. Nintendo obtained the patents during a sheriff's sale in Montgomery County, Maryland on Tuesday. IA Labs originally sued Nintendo for patent infringement in 2010, claiming the Mario maker's Wii controller and Wii Fit technology infringed on two separate IA Labs patents. Nintendo successfully defended itself as part of a court battle in 2012, also winning various fees related to the case. IA Labs appealed the ruling, but an appellate court sided with Nintendo in June 2013. At this point, IA Labs was ordered to pay Nintendo additional fees, and when the company failed to do so, a sheriff's sale was commenced."
IA labs made actual products similar to wii-fit and met with Nintendo to discuss making Wii accessories using their technology at about the time the 3DS was to be released. IA then found out that Nintendo made the accessories themselves, apparently "stealing the ideas" that IA presented to them. So that's not what we'd normally call a patent troll.
It turns out that Nintendo had been developing the products before meeting with IA, and the court ruled that Nintendo didn't infringe the IA patents, so IA lost. It appears to me that IA was a bit too aggressive in defending their patents, but they didn't engage in the pattern of behavior normally associated with a troll.
A thoughtful, informative, useful post. Thank you.
Labelling your opponents "trolls" will be the new corporate propaganda term, just like labeling copyright infringement "pirates".
Except that Nintendo didn't do that. It was the writer of the "article" (which is really just an oversized text blurb) who used that word.
Aren't patent trolls usually lawyers who buy up patent portfolios for the sole purpose of getting cash payoffs - hopefully an out of court setttlement.
pwned.
ho snap! It's like when super mario defeated bowser! or like when an incredible wii mario kart team of snowden and assange took down NSA using bitcoin shells. Now mario needs to free tea party land from the evil clutches of the repub-demo mono-party! using linux!
Hmmm ... my slashdot RSS feed shows his post as:
not exactly a troll. IA made similar, met Nintendo ... though none of this was discovered by the nice people over at the NSA, who got their jobs via Dice.com. Their mothers should be so proud of them with their cute haircuts and nice teeth.
Gotta catch them all!
I am sick of that company. Why won't they just die already. They are the least innovative company in the world. All they do is rehash the same crap year after year. They never created anything new in their life. Mario was just a ripoff of Pitfall. Zelda was just a ripoff of Atari Adventure.
All they do is steal other people's ideas and call it their own. Now, what's worse is that when a hard working company does all the hard work, Nintendo simply rips them off, sues them out of existence and steals their IP. Nintendo needs to die so we can go back to playing truly innovative games instead of the rehashed dreck that comes out of that IP stealing toy factory.
For all you Nintendo apologists who say that they save the video games, only the console market in America crashed and the PC market was just fine. Some PC maker would have come along and re-invented the wheel or a Japanese console would have become popular and made it's way to America. Video games were never in danger.
The entire portfolio should have put into the public domain. That's the price that should be paid in these kinds of things.
“He’s not deformed, he’s just drunk!”
You don't find many of these kind of posts anymore. Not a single offtopic mention of NSA, Snowden, Assange, Bitcoin, or how stupid one is if they support any political party. I know, they'll show up soon, but at least I can enjoy the moment before I hit the refresh button.
I've been hatching a theory, very loosely based on Godwin's Law, that any thread here that includes either NSA, Snowden, or Bitcoin ultimately will include the other two. The theory hasn't previously include Assange since we haven't heard much about him lately, but I'll consider incorporating him into it if need be.
I haven't seen much evidence that my theory is wrong, but these primary hot topics recently have achieved meta status wherein they get mentioned even if they are notable only for their absence. You did it, and now I'm doing it.
That doesn't exactly disprove the theory, but it does take a little of the zest out of it. So, let's all just try to find "legitimate" ways to drag NSA, Snowden, Bitcoin - and even Assange, if we must - into each and every conversation here. And please, no more cheating via the meta trick.
If two "practitioners skilled in the art" come up with the same idea independently, it SHOULD automatically invalidate the patent. That is part of the patent language, is it not?
Is it just my observation, or are there way too many stupid people in the world?
IA labs made actual products similar to wii-fit and met with Nintendo to discuss making Wii accessories using their technology at about the time the 3DS was to be released. IA then found out that Nintendo made the accessories themselves, apparently "stealing the ideas" that IA presented to them. So that's not what we'd normally call a patent troll.
I agree. Based on this article, Interactive Labs held the original patents and made products based on those patents. iA Labs acquired the patents later, then sued Nintendo with them. I think this was actually a defensive measure by Interactive Labs.
On April 2(2010), IA Labs filed suit against Nintendo in the United States District Court of Maryland. The suit claims that Nintendo has willfully infringed upon IA Labs patents with Wii Fit, Wii Fit Plus, and the Wii Balance Board, as well as the Wii Remote, Wii Nunchuk, Wii MotionPlus, Wii Wheel, and Wii Zapper. The company acquired the aforementioned patents in 2009 from Interaction Labs.
The fitness-technology company claims that the patents have been used in a number of products in the past. As detailed in the filing, Interaction Labs released the Kilowatt Sport and Exer-Station, both of which add a workout element to "any off-the-shelf video game on the PlayStation, Xbox, GameCube, or PC."
Both the patents and the products based on those patents were created by Interaction Labs. Interaction Labs held discussions with Nintendo in 2007 and 2008. iA Labs acquired the patents in 2009 and then sued Nintendo in 2010. iA Labs doesn't seem to have actually produced anything. One interesting thing to note is the following:
The suit also notes that then-Interaction Labs president and current IA Labs chief technology officer Greg Merril contacted Nintendo on a number of occasions in 2007 and 2008, through personal meetings and via e-mail. However, Merril's attempt to enter into a licensing agreement with Nintendo ultimately resulted in the publisher ceasing contact in late 2008.
One possibility is that iA Labs may have been spun off by Interactive Labs solely for the purpose of protecting the rest of Interactive Labs from an outcome like this.
'The tyrant will always find pretext for his tyranny.' - Aesop's Fables
I love it when the patent trolls bite the dust. I'm singing the Queen song right now!
It totally does matter. Developers aren't going to support three hundred platforms. They're going to do the two or three most popular ones. If you aren't one of those, nobody will buy your console because there's no games for it. Meaning that nobody develops for it. Rinse & repeat...
Confucius say, "Find worm in apple - bad. Find half a worm - worse."
agreed. this sounds like it could be a "Giant corp crushes small innovator" story with just a slight twist. This certainly doesn't seem like patent trolling, merely a patent law dispute.
There can be only one!
More like:
A thoughtful, informative, useful post. Get lost. We don't need your kind around here.
Sleep your way to a whiter smile...date a dentist!
You don't find many of these kind of posts anymore. Not a single offtopic mention of NSA, Snowden, Assange, Bitcoin, or how stupid one is if they support any political party. I know, they'll show up soon, but at least I can enjoy the moment before I hit the refresh button.
I've been hatching a theory, very loosely based on Godwin's Law, that any thread here that includes either NSA, Snowden, or Bitcoin ultimately will include the other two. The theory hasn't previously include Assange since we haven't heard much about him lately, but I'll consider incorporating him into it if need be.
In this case, your theory is rather prescient. I read somewhere that IA Labs was developing their WiFi controllers in cahoots with the NSA, providing secret back doors and monitoring capabilities for the NSA - so they could monitor and subtly control our gaming behaviors - and that Snowden leaked this information to Assange. Everyone involved was paid in Bitcoins.
Now that we know, this exploit can obviously be circumvented by wrapping the WiFi controllers in tin foil.
It must have been something you assimilated. . . .
Thanks for the detailed clarification. Gives the article a completely different meaning, which would not be possible had the original author been honest.
I wonder what Nintendo is going to do with these patents they weren't infringing on in the first place (and thus should be null and void from their standpoint)... going after Sony or Microsoft that might be infringing on them with certain elements of Move or Kinect?
When the copyright term is "forever minus a day", live every day like it's the last.
Assange and Snowden walked into a bar. They ordered a drink and asked if they could pay in Bitcoins "because the NSA". The bartender laughed at them for thinking Bitcoins were useful IRL.
Did the court turn IA into Mario? ..cause they just got 1UP'd.
ho snap! It's like when super mario defeated bowser! or like when an incredible wii mario kart team of snowden and assange took down NSA using bitcoin shells. Now mario needs to free tea party land from the evil clutches of the repub-demo mono-party! using linux!
you win the internet today
Arduino!
Get free satoshi (Bitcoin) and Dogecoins
I knew somebody who worked at Activision/Blizzard for a decade. They can almost click and build for any platform they want. Big companies who target more than 1 platform can cheaply target any other platforms. The marketing department and backroom deals decide what happens; it is rarely technical; as you find out in the real world.
Small developers, that is a different story. Nintendo needs 3rd parties less than ANYBODY in the industry and for their whole history too. Small developers are not a critical portion for the big 3.
Democracy Now! - uncensored, anti-establishment news
Why did Nintendo want to buy patents that they didn't infringe?
Hadn't the just demonstrated in court that those patents were worthless?
Sig Battery depleted. Reverting to safe mode.
Small or large developers can both cheaply/simply port a game to another console, but only IF both consoles have similar architectures. For instance, this generation, both the PS4 and XboxOne use the x86-64 instruction set and have integrated APUs (both manufactured by AMD too). However, the Wii U uses a RISC architecture in their PowerPC CPU with a discrete AMD GPU.
Just because Nintendo's existing product didn't already infringe doesn't mean they are worthless. Perhaps Nintendo redesigned products specifically to avoid infringement. Perhaps they would like to make or license products that would infringe.
Suppose I invent a working time machine. Nintendo hasn't infringed that patent in the past. Does that make the time machine patent worthless?
the slashdot editors will correct the flamebait story title now that you've made sense of the situation?
"Labelling your opponents "trolls" will be the new corporate propaganda term, just like labeling copyright infringement "pirates"
Nice try, but wrong comparison. Let me tabulate the terms you're comparing for clarity:
copyright infringement (alleged crime) : pirate (accused)
patent infringement (alleged crime) : patent troll (accuser)
See? A "pirate" is the person or party accused of copyright infringment. A "patent troll" on the other hand is the person or party that accuses (somebody else) of patent infringement.
So a "pirate" is the alleged perpetrator of the copyright infringment, while the patent troll is the alleged "victim" of the patent infringement. You can't be called a patent troll if you don't use or abuse the legal system. A pirate on the other hand is presumed to be operating outside the legal system until he or she is brought to court.
Perhaps because Nintendo could buy the patents for almost nothing. If IA owes Nintendo 10 million and can't pay it, so they have a sheriff's sale to raise the money. Nintendo buys the patents for 7 million, get the money back as payment for the court judgement, and is still owed 3 million in case IA has any other assets.
~~
Wii came out in 2005 and Wii Fit came out in 2008, long before the 3DS was released. If this meeting happened about the 3DS release, then Nintendo had long since shipped the products IA ostensibly objected to.
No kidding!!! What do you say at this point?
Meetings in 2007 and 2008 would have been after Nintendo released the Wii and Wii Fit, so I'm not sure how their timeline of infringement was supposed to work.
No kidding!!! What do you say at this point?
I think you're meant to be on www.hackaday.com
I just hope Nintendo doesn't turn into ...
*removes glasses*
Super Mari-troll
Sure enough, the cow costume was hanging up next to the superhero outfit and sailors uniform. (S,Spud)
Actually you didn't even get to post, because you saw those mentions AS YOU TYPED THEM OUT.
I've been hatching a theory [..] that any thread here that includes either NSA, Snowden, or Bitcoin ultimately will include the other two.
Don't know about Bitcoin, but the fact that any article about Snowden will include mention of the NSA is about as coincidental or forced as the fact that any article about the Watergate Scandal or Deep Throat (the informant, not the porn film!) will include mention of Richard Nixon.
And given that the current state of the NSA and current views upon it can hardly escape association with the recent scandal, it's hardly any less probable that it'd work the other way round as well. Duh.
7.2 billion sounds like a big number, but at today's rate (1 USD = 104.7645 JPY) it amounts to $68,725,568.24. Good to be in the black, but barely so, given the scale of money we're talking about in the multi-billion dollar gaming console industry.