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PlayStation (Games) Government The Courts Patents News

PlayStation Sales Halted? 581

Narf Narf writes "According to Japan Today, the U.S. District Court in Oakland, California, has ordered Sony Computer Entertainment Inc. and its U.S. unit to pay $90.7 million in damages to Immersion Corp. for patent infringement over controllers used with PlayStation game consoles. In the ruling handed down Thursday, the federal court also ordered Sony Computer Entertainment and Sony Entertainment America Inc. to stop selling the PlayStation and PlayStation 2 game consoles using Dualshock controllers as well as more than 40 game software products." Update: 03/28 04:51 GMT by Z : ...which was followed immediately by an injunction, to allow Sony time for an appeal, and a compulsory licensing agreement.
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PlayStation Sales Halted?

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  • Order Stayed (Score:5, Informative)

    by Ken@WearableTech ( 107340 ) * <{moc.rjsmailliwnek} {ta} {nek}> on Sunday March 27, 2005 @06:29PM (#12062260) Homepage Journal
    I believe that the judge's order has been stayed and PS2's can be sold. More Bad News for Sony [pspondering.com]
    • by jaaron ( 551839 ) on Sunday March 27, 2005 @06:57PM (#12062450) Homepage
      Here's actual text of the orders (picked up from engadget.com [engadget.com]):

      IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

      IMMERSION CORPORATION, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY COMPUTER ENTERTAINMENT, INC., and MICROSOFT CORPORATION,
      Defendants.

      No. C 02-0710 CW

      JUDGMENT

      This action came on for trial before the Court, the Honorable Claudia Wilken, United States District Judge, presiding, and the issues having been duly tried and the Jury having duly rendered its verdict as to the claims presented to it, and the Court having entered its findings as to the defense of inequitable conduct,

      IT IS HEREBY ORDERED:

      That judgment is entered in favor of Plaintiff Immersion Corp. (Immersion) against Defendants Sony Computer Entertainment America, Inc., (SCEA) and Sony Computer Entertainment, Inc., (SCEI) (collectively Sony) on Immersion's claims of infringement of U.S. Patent Nos. 6,424,333 and 6,275,213. Judgment is also entered in Immersion's favor on Sony's counter-claims for declaratory judgment of non-infringement. Immersion shall recover of Defendants SCEA and SCEI jointly and severally the amount of $82,000,000.00. This sum shall be paid directly to Immersion forthwith; no escrow account is required. In accordance with the portion of the Court's January 10, 2005 order awarding Immersion pre-judgment interest at the prime rate, Immersion shall recover of Defendants pre-judgment
      interest in the amount of $8,703,608.00.1 Immersion shall recover its costs from Sony.

      In a separate order, the Court also issues a permanent injunction against Sony, stayed pending appeal to the Federal Circuit, and a compulsory license fee for the duration of the
      stay.

      IT IS SO ORDERED.

      Dated: 3/24/05

      CLAUDIA WILKEN
      United States District Judge

      IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

      IMMERSION CORPORATION, Plaintiff, v. SONY COMPUTER ENTERTAINMENT AMERICA, INC., SONY COMPUTER ENTERTAINMENT, INC., and MICROSOFT CORPORATION,
      Defendants.

      No. C 02-0710 CW

      ORDER ENTERING PERMANENT INJUNCTION AND GRANTING DEFENDANTS' MOTION TO STAY INJUNCTION PENDING APPEAL

      For the reasons set forth in its January 10, 2005 Order, and having entered judgment in favor of Plaintiff Immersion Corp. (Immersion), the Court hereby PERMANENTLY ENJOINS Defendants Sony Computer Entertainment America, Inc., (SCEA) and Sony Computer Entertainment, Inc., (SCEI) (collectively Sony) from manufacturing, using, and/or selling in, or importing into, the United States the infringing Sony Playstation system, including its Playstation consoles, Dualshock controllers, and those games found by the jury to infringe. [FN1: The jury found that the following games, in conjunction with the Playstation consoles and Dualshock controllers, infringed either the '213 patent, the '333 patent or both patents: A Bug's Life; Amplitude; Ape Escape; Atlantis: The Lost Empire; Bloody Roar 2; Cool Boarders 3; Cool Boarders 4; Cool Boarders 2001; Crash Bash; Crash Team Racing; Drakan: The Ancients' Gate; Emperor's New Groove; Extermination; FantaVision; Final Fantasy X; Formula One 2001; The Getaway; Gran Turismo; Gran Turismo 2; Gran Turismo 3; Grand Theft Auto: Vice City; Grand Theft Auto 3; Grind Session; ICO; Jak & Daxter; Kinetica; Kingdom Hearts; Legend of the Dragoon; The Mark of Kri; Medal of Honor Frontline; Medievil 2; Metal Gear Solid 2; Monster's, Inc.; Sly Cooper and the Thievius Racoonus; SOCOM Navy Seals; Speed Punks; Spyro: Ripto's Rage; Spyro: Year of the Dragon; Stuart Little 2; Syphon Filter 2; Syphon Filter 3; Tony Hawk's Pro Skater 3; Twisted Metal: Black; Twisted Metal 4; Twisted Metal: Small Brawl; Treasure Planet; and War of the Monsters.] As described in the January 10 Order, no recall is required of products already sold, but Sony will pay a license fee on all products already placed in the stream of

  • Greed at work? (Score:5, Insightful)

    by sanityspeech ( 823537 ) on Sunday March 27, 2005 @06:30PM (#12062265) Journal
    Would it not have been easier for Sony to acquire the [Immersion Corp.] company before this mess happened?

    from the you'd-think-they'd-have-thought-that-through dept.

    You can say that again.
    • Re:Greed at work? (Score:5, Interesting)

      by hendridm ( 302246 ) on Sunday March 27, 2005 @06:36PM (#12062309) Homepage
      Would it not have been easier for Sony to acquire the [Immersion Corp.] company before this mess happened?

      Perhaps that's exactly what SCO was thinking. IBM and Sony know better - succumb to blackmail once and you're an instant target for others...

    • Re:Greed at work? (Score:5, Interesting)

      by confidential ( 23321 ) on Sunday March 27, 2005 @06:38PM (#12062321)
      That seemed to actually be the goal of Immersion, according to a family member who worked there until recently. They do make some cool stuff such as some really nice force feedback instruments for medical applications, but it seemed like they were horribly mismanaged and simply looking to last long enough to get their money out of SCE and MS and then run.
    • Re:Greed at work? (Score:5, Interesting)

      by Quarters ( 18322 ) on Sunday March 27, 2005 @06:50PM (#12062404)
      Immersion (IMMR) has 23.72 million shares outstanding with a current share price of $5.75. If Sony had wanted to acquire Immersion they would've had to offer at least Immersions current market cap of $136.39M (US). That's assuming they wanted to buy Immersion *now*. A year ago the price would've been closer to $230M, as the share price was up around $10 in Q1 of 2004.

      While $90.7M (US) isn't chump change it less than buying Immersion out.

      That doesn't even take into account the mood of the Immersion investors. With licensing deals (either patent or SDK) in place with Microsoft, Nintendo, Logitech, and any other FF peripheral maker out there the investors might be more interested in a long term investment, not a quick buck. Sony's going to have to license Immersion's stuff, as they won't hamstring themselves in the marketplace without a FF controller, so there's more money for the IMMR investors after the $90.7M Sony judgement. I would be surprise if Sony didn't do due diligence and investigate buying IMMR. It just doesn't seem as if it would've worked for them, though.

      • Nintendo (Score:5, Interesting)

        by mcc ( 14761 ) <amcclure@purdue.edu> on Sunday March 27, 2005 @07:30PM (#12062606) Homepage
        Nintendo is not a licensee of Immersion, and as far as I can gather they are not going to be because their rumble controllers do not work the same way as Microsoft's and Sony's. Nintendo is using independently developed technology that does not seem to be covered by Immersion's patents and in fact as far as I can tell predates it.
      • Re:Greed at work? (Score:4, Interesting)

        by EulerX07 ( 314098 ) on Sunday March 27, 2005 @07:55PM (#12062717)
        I'm not a big wallstreet kinda guy, so go easy on me. I have a question:

        Couldn't they have only bought 51% of the voting shares, and then drop the lawsuit?
        • Nope (Score:5, Informative)

          by scheme ( 19778 ) on Sunday March 27, 2005 @09:16PM (#12063039)
          I'm not a big wallstreet kinda guy, so go easy on me. I have a question:


          Couldn't they have only bought 51% of the voting shares, and then drop the lawsuit?

          No, majority shareholders can't do things like that since minority shareholders also have protected rights as well. Sony would need to buy out the company or it would face shareholder lawsuits and possible SEC sanctions if it tried to buy 51% of the company and drop the lawsuit.

  • Well.... (Score:5, Funny)

    by methangel ( 191461 ) on Sunday March 27, 2005 @06:30PM (#12062267)
    Does this mean that vibrators are now infringing on their patent? They vibrate, and they are used in various games I play.

    Muaha.
  • by Anonymous Coward on Sunday March 27, 2005 @06:31PM (#12062272)
    Yeah I bet that was a Dualshock.
  • by Phoenixhunter ( 588958 ) on Sunday March 27, 2005 @06:32PM (#12062283)
    Not sure if this was because of too much confidence on Sony's end, but generally this would be the perfect example of a case worth settling out of court.
  • Will it effect PS3? (Score:3, Interesting)

    by chrispyman ( 710460 ) on Sunday March 27, 2005 @06:33PM (#12062286)
    Seeing as how the PlayStation 3 will most likely be backwards compatible with the earlier two and that it should be fairly late in the development stage, couldn't this have a fairly wide reaching effect on the PS3?
  • Downright Stupid (Score:3, Interesting)

    by RichiP ( 18379 ) on Sunday March 27, 2005 @06:34PM (#12062291) Homepage
    Forgive my saying so, but that's the wackiest thing I've ever heard. I like the idea of patenting inventions alright (I myself have some designs I would like to patent), but I would dearly like to see patents for things that would make one go "Wow! I would never have thought to do it that way" or "Damn! She must've spent months coming up with that design".

    There's nothing about the PS/PS2's controller design that would make me think "Patent!"

    Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

    Idiots.
    • "Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work."

      You realize, don't you, that this would be nigh impossible to prove except in the most contrived of examples? You can't prove that someone else did not think of something. If you're in favor of just dismantling patent law altogether, since that's what your proposal would do, then just say so.
    • by rebelcool ( 247749 )
      A controller that vibrates isn't exactly a logical thing. Sure, many things that seem obvious NOW were at one time clever inspiration on the part of people, which then had to undertake considerable time and expense to bring to market.

      It's one thing to even think of something, and its a whole other to design and ramp up a feasible way of manufacturing and selling such an invention.

      The patent is completely valid and numerous manufacturers have licensed it for their use. Sony should've settled out of court
    • Re:Downright Stupid (Score:4, Informative)

      by mark-t ( 151149 ) <markt AT nerdflat DOT com> on Sunday March 27, 2005 @06:56PM (#12062446) Journal
      Independant invention won't protect something from a patent dispute. If person A patents a technology that person B independantly also invents, then B will have to arrange licensing with A before he can do anything with it.

      That's the way the patent system works. That's the way it was _designed_ to work.

    • Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

      You're confusing copyright and patent (don't feel bad, everyone else on this site does too). Patents are mutually exclusive and broad. They could have copyrighted their design, and sony still copyrighted theirs.

      However, this might sho

    • Re:Downright Stupid (Score:4, Informative)

      by cpt kangarooski ( 3773 ) on Sunday March 27, 2005 @08:52PM (#12062940) Homepage
      I like the idea of patenting inventions alright (I myself have some designs I would like to patent), but I would dearly like to see patents for things that would make one go "Wow! I would never have thought to do it that way" or "Damn! She must've spent months coming up with that design".

      That is the nonobviousness requirement, more or less. Basically, to be patentable, an invention must not have been obvious to a person having ordinary skill in the art, at the time it was made. Obviously, inventions that are obvious in hindsight might still be patentable.

      Oh, and the degree of labor is irrelevant; who actually cares if someone comes up with an invention after months or years of labor, or in a single flash of insight?

      Also, patenet claims SHOULD also include proof that the design wasn't come upon independently and without using any of the claimers work. Patents are supposed to protect against unfair use of one's hard work and effort. If it's their own, it doesn't matter which came first.

      This is completely wrong. It doesn't matter whether someone independently invents something; it can still infringe. Patents are broad that way. Plus, given that they're all disclosed in publicly viewable records, it's not the fault of the inventor if you didn't look through them to see what had been invented and patented already.
  • by mp3phish ( 747341 ) on Sunday March 27, 2005 @06:38PM (#12062319)
    Small potatoes.

    Why is slashdot posting a lawsuit of this magnitude but failing to post anything about the world famous (and more relevant) Lexar Lawsuit [mercurynews.com] worth over $460 million [reuters.com] and will cause a massive disruption in the supply/demand equations currently applied to the significantly growing flash USB key and card memory market?

  • Empty article (Score:5, Informative)

    by Scrameustache ( 459504 ) on Sunday March 27, 2005 @06:47PM (#12062377) Homepage Journal
    That was brief.

    Here's what gamespot has to say on this [gamespot.com].
    On Monday, a California judge ordered Sony to pay Immersion a licensing fee of 1.37 percent per quarter based on the sales of PlayStation units, Dual Shock controllers, and a selection of PlayStation 2 games that use Immersion's technology.
  • by AngstAndGuitar ( 732149 ) on Sunday March 27, 2005 @06:47PM (#12062384)
    My car vibrates depending on road conditions and engine RPM,
    Would this not be "vibration for tactile feadback"? it's 15years old, so I bet it's prior art....
  • Early Vibration Tech (Score:5, Interesting)

    by DanMc ( 623041 ) on Sunday March 27, 2005 @07:01PM (#12062466)
    I eventually take apart every toy I get. I've taken apart dozzens of game controllers, and the first time I opened up a vibrating controller, I saw something I'd seen before. A cheap little DC motor with an unbalanced weight on the rotor. The first time I'd seen this was in the Milton Bradley board game, Operation. The little motor did a pretty good job of making an "electric shock" noise, and the vibration discouraged you from bracing the palm of your hand or other hand on the board while plucking the little bones out. http://www.hasbro.com/operation/ [hasbro.com]
  • by jerkychew ( 80913 ) on Sunday March 27, 2005 @07:09PM (#12062506) Homepage
    Xbox and GC both have force feedback in their controllers (not counting the wavebird). Why aren't they in trouble as well? The article was extremely light on details, does anybody have more info?
    • by Anonymous Coward on Sunday March 27, 2005 @07:28PM (#12062599)
      because the patent refers to a specific implementation of the vibration technology. Microsoft licensed it. Nintendo's rumble pack is a completely different hardware technology that was developed independantly (and a year earlier) from Immersion's "haptic" force-feedback solution. You can get controllers that use Immersion's solution for GC from Logitech.
  • Arcade driving games (Score:3, Interesting)

    by AC-x ( 735297 ) on Sunday March 27, 2005 @07:22PM (#12062578)
    When was this patent taken out?

    I remember a lot of old arcade driving games that had force-feedback on steering wheels, if the patent was taken out after they came out then that'd be pretty good prior art I'd think.

    Also of course for a long time on aeroplanes the control stick used to have a shaker to warn pilots of a stall, I guess that'd probably count as prior art too.
  • Explanation (Score:5, Informative)

    by MBraynard ( 653724 ) on Sunday March 27, 2005 @07:48PM (#12062687) Journal
    Really makes /. look bad for someone to get modded up for saying "Gee, this really demonstratess the problems with the patent system in the US."

    Here are a few Bullet Points:

    • Immersion doesn't just do vibrating controllers. They also create technologies for industry, medicine, research, the automotive field, and mobile communication.
    • They've been around since 1993 though the oldest patent was from 1990 for tactile sensory. The Force Feedback patent was from 1993. It's not simply virbration but a calculation using both the action on a device from the human and the intended force of the divice on the human. Read it here:

      A man-machine interface is disclosed which provides force and texture information to sensing body parts. The interface is comprised of a force actuating device that produces a force which is transmitted to a force applying device. The force applying device applies the generated force to a pressure sensing body part. A force sensor on the force applying device measures the actual force applied to the pressure sensing body part, while angle sensors measure the angles of relevant joint body parts. A computing device uses the joint body part position information to determine a desired force value to be applied to the pressure sensing body part. The computing device combines the joint body part position information with the force sensor information to calculate the force command which is sent to the force actuating device. In this manner, the computing device may control the actual force applied to a pressure sensing body part to a desired force which depends upon the positions of related joint body parts. In addition, the interface is comprised of a displacement actuating device which produces a displacement which is transmitted to a displacement applying device (e.g., a texture simulator). The displacement applying device applies the generated displacement to a pressure sensing body part. The force applying device and displacement applying device may be combined to simultaneously provide force and displacement information to a pressure sensing body part.

    • Who has liscenced technologies from Immersion? BMW - for their I-drive. Logitech for all of their FF devices. Nintendo for their Game Cube controller. MS for their controller-S. And Boeing. And Seimens.
    • MS worked with Immersion to develop FF into the Direct X API in 1997.
    • Apple similarly worked with Immersion to develop a FF API for OS X.

    I recall being a kid back in 1993 and going to a shopping mall and visiting EB games. They had this demonstration joystick that you could set to have different sensations and they were very real. Everything from flying to firing a machine gun. That was the technology that they made possible. Sony will have to learn to play ball if they use patented techology. It may be in a US court, but Immersion also has a patent for the same technology in Japan and IIRC, the US has harmonized it's patent system internationally.

    • Re:Explanation (Score:3, Insightful)

      by rebelcool ( 247749 )
      remember, a 2 paragraph article makes everyone on slashdot both intimately familiar with the specifics on a case, but also a patent lawyer.

      ah to be 13 (or mentally 13) again...
    • Bullshit (Score:4, Informative)

      by iamnotaclown ( 169747 ) on Sunday March 27, 2005 @08:31PM (#12062862)
      Sorry, I call bullshit. The patents in question were filed in 2000 and 2001, not in 1993 as you indicate in your post.

      The patents are 6,275,213 (filed May 1, 2000) and 6,424,333 (filed April 18, 2001). Look them up on uspto.gov.

      The Playstation 2 was first demoed in August 1999, launched March 4, 2000 and came with the DualShock II controller.

      Now tell me exactly how Sony can be infringing on a patent that didn't exist at the time the claimed infriging device was launched?

      Furthermore, Immersion's patents are so broad they encompass anything that a) produces vibration via a mass on a spinning axis that is b) controlled by a processing device of any kind.

      A vibrating pager is the most obvious example of prior art I can think of, and Motorola's been making them a lot longer than Immersion's even existed.

      Or, as others have pointed out, a vibrator is also controlled by a processing device, albeit an organic one.

      Here's hoping this lawsuit will result in a challenge to frivolous patent claims.

      cheers
      • Not only that... (Score:5, Informative)

        by Cryptnotic ( 154382 ) * on Sunday March 27, 2005 @08:39PM (#12062893)
        The later models of Playstation 1 came with a Dual Shock controller. You could also buy a dual shock separately. That was before the Playstation 2 came out, and absolutely before these guys filed their patent.

      • by Levendis47 ( 90899 ) on Sunday March 27, 2005 @09:01PM (#12062972) Homepage
        For the record,

        I have a Logitech "3D Mouse" I bought in 1995 to play Descent and experiment with a cheap (~$50) Six-Degrees-of-Freedom input device for a VR-related project I was working on in college.

        It also had a crude feedback mechanism that was licensed from Immersion that was just like the dualshock's offset-balast on a DC-motor with a simple motor speed control. Great device despite it having a slow RS232 interface. Anyway... Immersion was in devices being used for gaming atleast as early as 1995, perhaps even as early as 1994. The patent reference for the "interactive feedback device" is "Patent Pending"...

        So, your claim of frivolous patent claim sniping is a bit off-base. The 2000/2001 dates you reference could be the dates of official patent number filing/issuance. Also it is not uncommon for a patent developer to re-file addenda or refinements to patents they have already put in for review if the addenda do not change the nature of the patented item from its original filing.

        Immersion had a booth at the Spring 1995 VR Expo mini-con that was held in NYC. I was there. Besides context-variable vibration feedback they also had sample devices using directional linear-bumping feedback using small, variable current solenoids. They're legit...

        What's worse in this typical knee-jerk Slashdot goon response that I'm seeing all over this topic is that a JUDGE in a COURT held a protracted HEARING with a lot of EVIDENCE and FACTS in the case and came to an >>INFORMED decision. But one look at the news in the U.S. and one can see that the idea of and respect for the judiciary process is completely lost on most people (including many folks in the legislative domain).

        youareaclown,
        peace,
        and carrots,
        Levendis47
    • Retort (Score:5, Insightful)

      by cgenman ( 325138 ) on Sunday March 27, 2005 @09:29PM (#12063100) Homepage
      To sum up your quote, they didn't patent force feedback, they've patented having a sensor to make sure that your force feedback doesn't push too hard. And this is not a logical extension of force feedback because...? Just because it uses intentionally complicated language doesn't mean that the concept isn't simple.

      That's probably not what they're fighting over, though. It's probably one of the volumes [uspto.gov] of other patents that Immersion has recieved. Let's look at a random one, shall we? 6,563,487 describes using force feedback on the D-pad of a controller. It doesn't describe how this is any different than using force feedback on a button, but there it is. There is also force feedback for a knob (6,636,197) and the terrible idea of the vibrating touchpad (6,429,846). I guess that compliments their vibrating Laptop (6,822,635).

      Hey, here is one... (6,693,622) a patent for a vibrating mass inside of a controller, granted on February 17, 2004. 2004? Was the patent examiner in a cave? Every console shipped with vibrating controllers years before this, in exactly the manner they describe.

      There is mounds of prior art for a lot of this. The kickback in the guns in POW. Battletech centers. The wheel feedbacks in arcade and home games such as Hard Drivin', etc, etc.

      The patent system is broken. This is not just /. rhetoric. Some of the things they've patented are obvious extensions of the existing idea, and some have just mountains of prior art. Most are of the "with X" kind of patent, where they patent pretty much daily activities "with force feedback."

      We need to stop allowing patents of ideas, not implementations. A battery would be the perfect example of a classic patent, as one would have listed out the copper and various other ingredients that went into it, the chemical reactions that take place, and so on. These days, it would just be listed as "a device that stores electrical charge," and left at that to sue everyone who makes batteries, capacitors, carpets, combs, and anything else that happens to eventually fall under that umbrella.

      Heck, they patented force feedback over a computer network (6,859,819), last month, 2005. Isn't this what cybersex was supposed to be all about? Wasn't there already teledildontics at that point?

      Though maybe I'm just bitter because I work at a company which made on one of the games [playstation.com] on the list. But these patents ring bogus to me, and I applaud Sony's efforts to fight on everybody's behalf.

      I'd also like to point out that just because someone has bought a license from SCO doesn't mean SCO has the right to sell a license. Just because Nintendo didn't fight against this doesn't mean that it is valid. And quite frankly, even if it is valid and holds up in court, it's still downright questionable. I'm guessing Immersion just set the cost of licensing the patents at a number smaller than the cost of fighting the patents in court.

  • by pomac ( 159163 ) <{ian.kumlien} {at} {gmail.com}> on Sunday March 27, 2005 @08:09PM (#12062778) Homepage
    Dualshock was available for PS1 aswell. I remember playing Ape Escape with it. Now ape escape was released on 05/31/1999 according to gamespot. And the pattents i have seen mentioned was filed:
    Filed: April 18, 2001
    Filed: May 1, 2000

    They however seem to be holding earlier patents aswell but they aren't mentioned in the suit and are thus void(?).
    • by Robin Lionheart ( 14795 ) on Sunday March 27, 2005 @08:30PM (#12062851) Homepage
      Yes, Dual Shock controllers came out with the first Gran Turismo, released on December 23, 1997.

      Even though the infringed patents #6275213 and #6424333 were issued on August 14, 2001 and July 23, 2002 respectively, they're "submarine patents" originally filed on November 30, 1995.

      Until 2003, US patent filers could request repeated continuations to intentionally delay issue of a patent for years, until a practical implementation of a technology appeared. Then they they let their submarine patent surface and collect royalties for 17 years from the issue date. (In 2003, the rules changed so that patents now last 20 years from the filing date.)
      • by Anonymous Coward on Monday March 28, 2005 @01:19AM (#12064159)
        Parent is wrong in almost every respect. The moderators need to be shot.

        In 1994 the rules changed so that patents received one of two possible terms of protection: 17 years from date of issue, or 20 years from the application filing date, whichever was greater. See 35 U.S.C. 154(a)(2) and http://www.lectlaw.com/files/inp03.htm

        These patents do not qualify as "submarine patents" because the patents were filed well after June 7, 1995. At that point, all original patent applications were only eligible for a term extending 20 years from the application filing date. Thus, Immersion Corp was only burning their own term to collect royalties by filing continuations and amending the claims.

        The classic "submarine patent", on the other hand, was filed in the early stages of development in a field and then delayed until well beyond the ~17 term that a prompt prosecution action in the USPTO would have obtained, so that the royalties would be collected from a well developed commercial base instead of from a newly developing market. Jerome Lemmelson (and his estate) became a billionaire by exploting this aspect of the U.S. patent system.
  • /. icons (Score:3, Funny)

    by Ogive17 ( 691899 ) on Sunday March 27, 2005 @08:30PM (#12062853)
    Did /. get proper permission to use the dual-shock controller icon on the front page?
  • by mad_cow ( 152516 ) on Sunday March 27, 2005 @08:55PM (#12062950)
    Sony filed an appeal and apparently got a stay on the injunction that would have forced them to stop selling their consoles and infringing software. You can read about it here [gamasutra.com].
  • Different Uses? (Score:3, Interesting)

    by MaverickUW ( 177871 ) on Sunday March 27, 2005 @09:02PM (#12062977)
    Doesn't Patent Law deal specifically with different uses for technology? The fact that someone created a rumble device in this manner, it doesn't matter if the same thing has powered vibrators since the 1950's. The idea is that the patent is for this technology for use inside a video game console controller. I.E. N64 Rumble Pack was outside of the controller, so doesn't count... cell phones and pagers don't count (Though if N-Gage vibrates to games, then it might).

    Feasably, somebody could patent a home video game console with a built in LCD screen and it wouldn't infringe on any past patents for Gameboy/PSP like technology.

    Besides, Immersion tried to get Sony to license it, Sony refused, Sony got bitten.

    Notice, they can still sell the console, but they do have to start saving up a royalty for every console sold from now on. Sure, they can delay this 10 years, but if they lose, they'd prolly have to pay interest from the start of the case, the original judgement, and licensing fees for the next 10 years on every PS2 sold.
  • by camelcai ( 226109 ) <zhenleicai&yahoo,com> on Sunday March 27, 2005 @09:37PM (#12063120) Homepage
    The patent was file in 2000.

    But in 1996 I played with exactly the same kind of haptic technology (or called force feedback) before. It was called Phantom (tm) used in scientific apps:
    http://www.sensable.com/products/phantom_ghost/pre mium6DOF.asp [sensable.com]

    For example you can put on a finger thimble and feel a virtual 3D surface.

    I even wrote an SGI program to use it as a flight cnotrol device.
    • by Anonymous Coward on Monday March 28, 2005 @12:35AM (#12063969)
      No.

      This particular patent APPLICATION was filed in 2000.

      The original patent disclosure, which this particular patent quotes verbatim, and which sets the priority date for patentability, was filed in... let's read from the patent:

      This is a continuation of application Ser. No. 09/066,608 filed Apr. 24, 1998, now U.S. Pat. No. 6,088,017 which is a continuation of application Ser. No. 08,565,102 filed Nov. 30, 1995, abandoned.

      November 30, 1995. So, even if the patent claimed every aspect of force feedback that any human being will ever contemplate for all time, what you were playing with and writing in 1996 means bupkiss.

      By the way, did you read the patent claims? Did the Phantom(tm) do exactly what was claimed? I sincerely doubt it, since Sony hired a team of lawyers that, as part of their defense of the case, combed through everything that they and the Sony engineers in force feedback development could think of to discover material that could be used to invalidate the patent.
  • by voss ( 52565 ) on Sunday March 27, 2005 @10:26PM (#12063434)
    Patenting forcefeedback tech is not the same thing as patenting the expression of an idea, there is actual physical hardware involved. Its not "obvious" , there may be prior art but if they invented the technology...more power to them. Just because we dont like the patent doesnt mean its not valid.

    Sony is not a helpless babe here, they just have to settle their claim...and pay up some license fees.

A committee takes root and grows, it flowers, wilts and dies, scattering the seed from which other committees will bloom. -- Parkinson

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