Chicago (IL) – Rockville, Maryland-based Hillcrest Laboratories has filed a patent infringement suit against Nintendo and its Wiimote controller. What makes this suit especially interesting is the fact that the patent at the core of this suit was filed seven months after the Wii was introduced and legal action was filed one day after this patent was confirmed.

There are patent infringement suits that, under a common sense impression outside legal office, make perfect sense. Take, for example, Immersion’s suit against Sony and its vibration feature in its Dualshock controllers. Immersion had worked on this technology for a long time and it just appeared natural that it would protect the core of the technology the company’s future relies on.

But then there are suits that just leave you scratching your head. While Nintendo already had to pay $21 million earlier this in a patent suit that involved its Wii Classic controller, this  time it is the Wiimote that is in question and attacked by Hillcrest, which claims that it has the patent rights to “three-dimensional pointing devices and techniques for tilt compensation and improved usability associated therewith.”

Could it really be possible that Nintendo came to market with a controller, for which it did not have sufficient technology licenses?

It turns out that Hillcrest believes that Nintendo infringes four of its patents (7,158,118, 7,262,760, and 7,414,611, which relate to a handheld three-dimensional pointing device, 7,139,983, which relates to a navigation interface display system that graphically organizes content for display on a television)

Only two of Hillcrest’s patent’s however, were filed before the release of the Nintendo Wii on November 19, 2006 – number 7,139,983 (April 9, 2001: “Interactive content guide for television programming”), which seems to be rather minor in this case and 7,158,118 (May 2, 2005). However the latter seems to have been effectively replaced with patent 7,262,760 (filed December 18, 2006) which carries the same title (“3D pointing devices with orientation compensation and improved usability”), but interestingly adds one major claim to the patent – “an accelerometer for detecting acceleration of said handheld device.”
 
If we exclude the patent covering the interactive content guide, that leaves two patents aiming exactly for the Wiimote functionality and both patents were filed by Hillcrest after the release of the Wii. Patent 7,262,760 was filed on December 18, 2006 (approved on August 28, 2007) and patent 7,414,611 (which also carries the title “3D pointing devices with orientation compensation and improved usability” and enhances the previous version) was filed on June 20, 2007 (approved August 19, 2008).

This leaves us with the impression that unless Nintendo infringes on the initial patent filed in 2005 and 2001, there are at least questions about Hillcrest’s claims. We are wondering, however, why Hillcrest waited to file the suit until the most recent version of its “3D pointing devices with orientation compensation and improved usability” patent was approved. This patent adds multiple claims to the preceding version, claiming, for example, a “processing” capability for the “transformation of detected rotational motion of said hand held device.” To us, it just looks a bit strange that the legal action was filed only one day after this patent was listed as approved by the USPTO.    

We aren’t lawyers, but Hillcrest’s claims appear to be sitting on thin ice, at least if Nintendo isn’t infringing on the two patents that were filed before the release of the Wii - and if the company did not simply forget to patent its Wii system properly.       

It amazing how stupid this world has become

Aug 22, 2008 15:46     

I can understand having patents to protect your hard work from people trying to make a quick buck, but now its the other way. People are filing patents in hope of making a quick buck of what other people are actually capable of doing. Thats like saying I spent the last two years coming up with an idea, designing it, testing it, and when I have something that works I go to patent and release it only to find out some dumb/flake came up with an idea hoping someone will too so they can make a quick but cause they filed the patent first but isnt capable of making it.

MiniBUU report abuse vote down vote up Votes: +11

Prior Art

Aug 22, 2008 16:12     

This is exactly why the "prior art" rules are there, so this doesn't happen. The problem is that the patent office isn't doing their job, and are just rubber-stamping patents. Two points from this 1) you're right that unless they can prove one of the earlier patents are being infringed, they likely don't have a case, and 2) why the heck didn't Nintendo patent every last bit and bobble of their innovative controller?!

EEngineer report abuse vote down vote up Votes: +4

none

Aug 23, 2008 02:00     

It all about money. If Nintendo Wii not a good seller. You will not see Hillcrest suiting Nintendo
none report abuse vote down vote up Votes: +2

crazy

Aug 25, 2008 10:24     

It is just crazy how sue happy the world has become. A lot of the problem is the crooked lawyers that want more money but don't even care. Its really stupid when a burglar can break into your house, get cut by a knife you left out, and win a lawsuit. Another part of the problem is the fact that stupid people are staying alive because you have to put stupid stickers on everything or else you could get sued because you didn't warn them that putting your finger into the spinning blade would cut it off. Now stupid people are breeding and creating stupider offspring. Would be nice to let natural selection take its course and weed them out.

afstech report abuse vote down vote up Votes: +2

thin ice leads to hot water

Aug 25, 2008 10:34     

I hope Nintendo sees this article and counter sues or at least has the whole case thrown out. What is next? someone patenting the exchange of air molecules by the compression expansion method? ie breathing. Would they then sue every one for doing so?
TomLeeM/BigWarpGuy report abuse vote down vote up Votes: +0

Patent law

Aug 25, 2008 22:45     

The patent office doesn't just rubber stamp patents, check all the patent applications vs approved patents. There are not too many people filing patents just looking to make a quick buck. Well, there may be people doing it, but it's doubtful that they are very successful. Patents cost a decent chunk of change to file, it would be an expensive proposition to just file for a bunch of patents hoping that someone might actually implement your idea AND infringe on your patent. Hillcrest Labs does not appear to be a fly by night company just trying to make a buck off intellectual property. If they were to not file this lawsuit, they would effectively invalidate their own patent. I would expect a settlement between the companies which would allow Nintendo to continue making Wii-motes and Hillcrest Labs to protect their products from imitators.

Engineer02 report abuse vote down vote up Votes: +0

Re: Crazy

Aug 26, 2008 03:58     

You aren't alone in your concerns - try reading 'The Marching Morons' by C.M.Kornbluth, which was published way back in 1951!
John Williams report abuse vote down vote up Votes: +0