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Nintendo Faces Switch Patent Infringement Investigation In the US (engadget.com)

Posted by BeauHD on from the cease-and-desist dept.

An anonymous reader quotes a report from Engadget: Nintendo is under investigation by the U.S. International Trade Commission, and the fate of the Switch hangs in the balance. Gamevice, the company behind the Wikipad and a line of snap-on controllers for mobile devices, says the Nintendo Switch violates its patents on attachable handheld gamepads and their related accessories. Alleging violations of the Tariff Act of 1930, Gamevice is requesting a cease and desist order against Nintendo, a move that would halt imports of the Switch into the U.S. The USITC notes that while its investigation has begun, it hasn't ruled on the validity of the complaint. The commission will hold an evidentiary hearing to determine whether Nintendo is in violation of the Tariff Act, with a final decision "at the earliest practicable time." The USITC will announce a target date for the end of the investigation within 45 days.

9 of 63 comments (clear)

  1. From Wikipedia... by ELCouz · · Score: 5, Interesting

    In August 2017, Gamevice filed a patent lawsuit in California against the Nintendo Switch for alleged patent infringement.[1]. They would later dismiss the lawsuit voluntarily in October of the same year.

    What happening now?

    1. Re:From Wikipedia... by ELCouz · · Score: 2

      Agree..really looks like Gamevice was waiting for the check to come by.

    2. Re:From Wikipedia... by SlaveToTheGrind · · Score: 5, Informative

      Gamevice filed a second suit in California on March 29 of this year alleging infringement of two patents different than the one they asserted in the 2017 case. They then filed the ITC complaint a day later based on the same two patents.

      That's a common play for big competitors. As the summary says, the ITC can issue an exclusion order so the products physically can't enter the U.S. anymore. That's an extreme remedy that became a lot harder to get in a federal court around a decade ago, so the ITC has become a lot more popular forum. But you can't get money damages in the ITC, so patentholders often file parallel suits in both forums. The federal court case will be stayed (put on hold) while the ITC investigates, and then after the stay is lifted Gamevice can litigate in federal court for money damages.

  2. Eh prior art... by Ecuador · · Score: 5, Interesting

    Gamevice probably dismissed their lawsuit voluntarily because they have a patent filed in 2013 and not only it is quite different from the Switch (it is a single piece), but it is also very similar to things that preceded it, most obviously the Razor Edge which was released about the time they filed their patent (coincidence?).

    Now idea how that new avenue they are seeking though ITC works... Wish them luck - very BAD luck.

    Not that I wouldn't enjoy small companies sticking it to the big guys, but patent abuse is bad either way.

    --
    Violence is the last refuge of the incompetent. Polar Scope Align for iOS
    1. Re:Eh prior art... by tempmpi · · Score: 2

      There should be even earlier examples of prior art, e.g.
      a gamepad for a PalmOS PDA from 2000.

      --
      Jan
  3. Patent number by phantomfive · · Score: 5, Informative

    The patent is 9,126,119. Not sure how this is different than a portable keyboard and mouse on a tablet, but I didn't read the primary claim too carefully.

    --
    "First they came for the slanderers and i said nothing."
  4. Re:Prior art is now irrelevant in the U.S. by slew · · Score: 2

    Since the U.S. changed from "first to invent" to "first to file" system, it doesn't matter if someone else came up with the idea. The first party to file a patent for it will be awarded with a patent.

    Prior art is (and always has been) relevant to getting a patent invalidated. First to file vs first to invent is the thing that changed and basically means prior art isn't prior art if it isn't published.

  5. They existed way before 2014 by thesjaakspoiler · · Score: 2

    Snap on controllers were far from secret. The patent was filed in 2014 but the first Google search already shows images of such controllers in articles dating back to 2013. Gamevice is just a patent troll going after a big fish rather then going after anyone who violates their alleged patent.

  6. Innovation is fucked by nehumanuscrede · · Score: 5, Insightful

    Honestly.

    I really don't see how someone can invent a new widget, or a process, or a sprocket these days without running afoul of someone else's " idea ".
    Hundreds of millions of people all coming up with " ideas " over the years eventually means there is a limit to the number of original ideas that are out there.
    Because, no matter the method to get there, if the end result is too similar to someone else's result, you're pretty much a litigation target.

    Those who haven't come up with the idea already will have to tip-toe through the Minefield of Lawyers in the hopes their idea isn't covered by some obscure patent, trademark or registration by some guy named Bob who claims to have invented the internet in 1952 :|