Patent Suit Against Nintendo, Microsoft Dismissed 30
Saul J writes with an update to the patent lawsuit that was filed by Fenner Investments back in 2007 against Nintendo and Microsoft. The suit alleged that the two companies had infringed upon a patent for a joystick port interface. The trial was set to begin today, but now Judge Leonard Davis of the US District Court in Tyler, Texas has ruled that there is no need for a jury trial. One of Nintendo's lawyers said, "Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others. We also vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent, despite the risks that this policy entails."
microsoft patent respect? (Score:1, Troll)
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...Patent filed in 1998? (Score:2, Interesting)
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It's probably something more specific than just a port, some specific attributes. Also the first game ports were pretty much just wires directly to the buttons and such, digital codes only came later.
A DQ flip flop in 2001 (Score:2, Informative)
Disclaimer: I know nothing about the law and the above is only m
The gameport (Score:2)
The circuit in the patent conceptually identical to the analog inputs on the classic PC gameport. They shouldn't have been granted a patent, as the idea is obvious and there is prior art. I don't think the devices they're suing over even use the same technique to read the joystick position.
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I believe everyone posting here today has failed to pay me my legally due royalties.
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Not just the PC; I recall the Apple II used an analog joystick as well, and the Atari 400/800 used the same method described in the abstract for their paddle controllers. Those were in the market nearly 20 years before the patent was even filed!
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Maybe the people who patented the use of a simple lookup table to add long filenames in an 8.3 based filesystem might disagree with you?
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Yes, but everything changes when they add "on the internet" to the patent claim.
Er, what? (Score:2)
Where's the dismissal?
All I see is a one-line summary saying the judge decided against a jury trial. That isn't the same as dismissing the case. There's such a thing as a trial with a judge instead of a jury, common for civil cases. Where's the actual dismissal?
Fenner Investments Google search: Other cases (Score:2)
I wish Slashdot editors would do more research. (Score:2)
Unfortunately, we cannot depend on Slashdot editors to do much research before they post a story.
Here are 10 Microsoft patents [networkworld.com]. I haven't investigated further, I'm not in a position to be a Slashdot editor, but the descriptions give the impression that what is being patented are obvious extensions of what is already available, or extensions of what should be open standards. They seem to be the kind of "advance" that woul
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There also seems to be a lot of trolls trolling other trolls
You know I never even considered that might happen before - serves them right! Though unfortunately if they haven't been making any products then they probably can't/won't get sued for much? Still, better that they fight amongst themselves than bother those who are actually making stuff and doing proper R&D.
microsoft's history (Score:1)
I am relieved because with Microsofts history with patent suits Nintendo may have a few setbacks.
Patent Trolling (Score:2, Funny)
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Now even Microsoft enters this sad, pathetic game.
Microsoft isn't suing Nintendo. They're being sued by Fenner Investments
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My guess is that Fenner Investments isn't even looking to win the suit. They probably just want Nintendo and MS to pony up some settlement money.
That is why they are called "Patent Trolls". If more companies stood up to them these Trolls would just fade away, however most companies don't have the money to get patents invalidated so they pay up what is to all intensive purposes extortion money which unfortunately strengthens the patent in the eyes of the law (called precedent).
Patent Trolls usually start off attacking a company that is small and since the company can't afford any long drawn out litigation it pays what to them is affordable amount o
Re: Coward (Score:1, Insightful)
Game Boy, anyone? Directional pad, anyone?
And don't forget the mainstreaming of a lot of techs that may have been done before, but were not successful on consoles (and copied verbatim) until Nintendo did it. Analog joystick (present, non-centering on the Atari 5200, I believe). Rumble. Touchscreen. Motion detection (even before Wii; they had some basic accelerometers in games all the way back with the Game Boy Color).
The Virtual Boy didn't survive, but Nintendo was doing what the other companies weren'
Hooray! (Score:3, Funny)
It's really nice to see someone actually fight a stupid lawsuit rather than roll over and settle. Maybe we should let Nintendo run the insurance industry. Mario and Donkey Kong could do better than some of the current crop.