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Nintendo Can't Fight Off Patent Lawsuits, Faces Injunction

arstechnica.com — Nintendo seems to be on a losing streak with its fight against patent-holder (and apparent one-man shop) Anascape. With Anascape's patents being so broad, without any actual products on the market, this is a case every one in the gaming industry needs to be watching.

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MEatRHIT, on 07/23/2008, -6/+120I hate all this litigation crap and people thinking big companies owe them something if they themselves never had the intention to use the patent on their own.
- andydumi, on 07/23/2008, -9/+11But he did invent it and apply it to homemade controllers for homemade games in the 70's. Long before anyone else did anything.
  
  Just because he does not have the money to build a factory and produce the hardware for Sony, MS or Nintendo does not mean he is any less entitled to his invention.
  
  Or maybe he does not have the money because companies like Nintendo just copied his idea and paid nothing for it.
  - staticneuron, on 07/23/2008, -2/+23Thats the problem right there. Copied his idea? What makes you think such a thing? It very well could be the case of some japanese engineer designing this device on the other side of this planet yet when they com here someone has already has a patent they have not acted on. It isn't fair. I really think people shouldn't allowed to hold patents unless they have a working product of their submission for sale.
  - BradOFarrell, on 07/23/2008, -1/+8Patents are supposed to encourage competition and make society a better place. They didn't STEAL his idea, they just happened to also think of it, they couldn't have known some guy in Texas came up with something vaguely similar thirty years ago.
  - simonbp, on 07/23/2008, -1/+20If he invented this stuff and patented it in the '70s, his patents should have expired by now. Has he done anything with this technology since he got the patents?
  - andydumi, on 07/24/2008, -1/+3Some of his patents are from the 80s, some the 90s, and this one in particular is from 2002 and is a continuation of one of his patents. So its not that long ago. And he invents stuff and licenses it to other companies. MS, Sony decided to license his work Nintendo want to fight.
  - Kanten, on 07/25/2008, -0/+1>and this one in particular is from 2002 and is a continuation of one of his patents
    
    That's concrete evidence of patent squatting if I ever saw one.
  - kurinten, on 07/30/2008, -0/+1This is stupid. It's people like this that are giving Americans a bad name.
- dnields, on 07/23/2008, -2/+8Unless you're the one holding the patent... then you probably wouldn't hate "all this litigation crap".
- Brewdaddy, on 07/23/2008, -8/+10Why not tell him what you think?
  
  Brad Armstrong
  (775) 885-9748
  (address withheld)
  Carson City, NV
  
  Courtesy of www.whitepages.com.
- themastersb, on 07/23/2008, -0/+10You shouldn't be able to make such broad patents. They should be more precise.
- eanbowman, on 07/23/2008, -1/+430 years ago? I just looked every last patent listed and they're all made after 2000 - the most recent being 2005!!!
- ZenMojo, on 07/24/2008, -0/+3Vague? Patents come with detailed schematics and implementation specs, and you have to be pretty damn specific when you apply for a patent. Just because ars technica is too lazy to supply them or the link and maybe has a latent nerd-boner for Lord Miyamoto doesn't mean Nintendo didn't rip this guy off.
  
  One thing to keep in mind, this guy targeted NINTENDO. The gamecube was the weakest-selling system for years, so why didn't he target anyone else with a game controller? And why did the court decide Nintendo was in the wrong? There's evidence there that some people choose to ignore rather than address.
  - andydumi, on 07/24/2008, -0/+3Sony and MS already settled. They were sued before Nintendo was.
mrbios, on 07/23/2008, -7/+66I though a patent was not even defensible unless the holder actually produced the item or had serious plans to do so.

Anyone skilled in the art or computers could come up with Ninentendo's wii handheld controller. Honestly, how many people that work in technology looked at the wii and said wow that's an amazing invention, I never would have or could have thought of that.

One of my customers trades stock and had wrist problems and uses one of those cordless motion mice - it works the exact same basically as the ninentendo wii - give me a break.
- drlha, on 07/23/2008, -0/+20Nicely put, but this case has nothing to do with the Wii Remote. It covers Gamecube controllers and the Wii Classic Controller.
  - coyote1284, on 07/24/2008, -0/+1Quick someone notify the patent holder of "wireless pointer device", the mouse manufaturer and/or Nintendo "stole" his idea! Nevermind that either or both may operate differently from what is detailed in the patent, they're both "wireless pointer devices".
- sonicEd, on 07/23/2008, -1/+6You thought wrong.
- Sniper, on 07/24/2008, -3/+2WTF is a ninentendo? I mean, I'm normally not that picky. But you wrote the company's name wrong twice!
buba1243, on 07/23/2008, -7/+69Lawyers, a blight on the world.
- BoonTobias, on 07/23/2008, -23/+6i can't believe i paid my ***** lawyer $1000 to lower my dwi sentence, ***** didn't do *****, i should've just said guilty the first day
  - Coven, on 07/23/2008, -0/+30How about next time you don't be a moron? That would've saved you a thousand bucks and a whole lot of trouble.
  - krakelohm, on 07/23/2008, -0/+31Next time don't drive drunk. ;)
  - mywhitenoise, on 07/23/2008, -3/+15I remember you typing a rant while you were on coke a few months back, that was the best comment I ever read.
  - DubiousDrewski, on 07/23/2008, -0/+21Ha, you got what was coming to you, you drunk driving *****! hehe.
  - bpoteat, on 07/23/2008, -0/+15Well, if you were guilty, yeah you should've.
  - uberduger, on 07/24/2008, -0/+0Seriously, there are no words.
- novemberwhiskey, on 07/23/2008, -1/+4I am pretty sure the owner of the patents (Anascape) instigated the lawsuit. How can you blame lawyers when they are working for their clients?
  
  Shouldn't you be blaming Anascape? Or would that be against your ethics since he is an individual inventor.
  - over9k, on 07/23/2008, -1/+0It's Capitalism baby!
- Augie1969, on 07/23/2008, -1/+6That's a bit of a broad statement. Everyone likes to hate on lawyers until they need one. Remember that they are the ones that will help you out when nobody else is on your side, and things seem hopeless.
  
  Sure, there are bad ones out there, but I believe all professions can boast this claim.
- SSUK, on 07/23/2008, -1/+5The worst thing is, if religion is right, I'm spending eternity with them bastards in hell.
- medj, on 07/23/2008, -1/+3Can you imagine a world without lawyers?
- snotrokit, on 07/23/2008, -0/+3they are until you need one. bad patent troll ambulance chasing ***** lawyers are a blight on this world.
  - buba1243, on 07/24/2008, -0/+1But that's a mouth full easier to sum it all up since you forgot defense lawyers who know their client is guilty as sin and several other lawyers.
kushalone, on 07/23/2008, -9/+4Its time real corporations making real products start to think about patents in a different light, and not as a part of an umbrella 'Intellectual Property'.
pbryan, on 07/23/2008, -6/+106Thank goodness that the courts have upheld this "little guy's" patents -- if not for such patent protection, Nintendo would have been allowed to spend person-years of effort and millions of dollars to develop what he might have thought up and jotted down in an afternoon at the local cafe.

Working through hard design problems, elaborate prototyping, user testing and refinement, establishing an economically viable manufacturing process, distribution, marketing -- all of this pales in comparison to the contribution of "thinking up the idea first" by Brad Armstrong of Carson City, Nevada.
- ZenMojo, on 07/24/2008, -0/+3Yeah, that patent system is so biased against billion-dollar companies with hundreds of thousands of man hours to do research into this stuff so they don't make these kinds of mistakes.
  
  /sarcasm
Elranzer, on 07/23/2008, -5/+56I can't wait to play Anascape's new videogame system! Or at least can't wait to use their new controllers for the Wii!

I mean, that's why they hold these patents on analog sticks, right? Guys?
- Jhiaxuz, on 07/23/2008, -0/+6I hear he got hired to make the controllers for the Phantom.
- uberduger, on 07/24/2008, -2/+2Can't find the source, but Anascape claimed that they had been planning to get into the videogame hardware market but couldn't because of Nintendo's evil-idea-stealing.
  (If any of you live in Nevada, please give this guy a slap from me.)
  - Tevediggs, on 07/24/2008, -0/+1I'll do it the next time i'm home from school.
  - Kanten, on 07/25/2008, -0/+1>Can't find the source, but Anascape claimed that they had been planning to get into the videogame hardware market but couldn't because of Nintendo's evil-idea-stealing.
    
    Canned excuse for deliberate patent squatting.
mujahideenryder, on 07/23/2008, -1/+57Brad Armstrong just wants money.
- dannyboy3020, on 07/23/2008, -0/+9So does Nintendo!
  - breadfred, on 07/23/2008, -1/+9Yeah but Nintendo makes products that use this technology.
- allahuakbar, on 07/23/2008, -1/+5Brad Armstrong is a ***** douche. Someone seriously needs to pull off an "Anonymous"-style attack on him.
- Andrwmorph, on 07/24/2008, -0/+1And that ***** now has plenty of it.
Mr_Lyle, on 07/23/2008, -19/+6While I agree that patent laws can sometimes be ridiculous, let's not bash this guy for doing what he's doing. The fact is, if any of us could legally milk a few millions from a big, rich company, be it Nintendo, Sony or anyone else, we'd all do it in a second. To pretend otherwise is lying to yourself. The laws are whack and people use them to their advantage. It's no different than hiring someone to do 'creative accounting' to save yourself from paying more taxes than necessary. Using the laws to one's advantage isn't something this guy invented.

If you could go back in time about 15 or 20 years, don't pretend you wouldn't register business.com or news.com or any other big name domains and just squat the ***** outta them and wait to get paid millions. We'd all do it and you know it. Let's not pretend we're any better than this guy just cause we're not in a position to do what he's doing.
- SSPink, on 07/23/2008, -1/+9Mr_Lyle: Using the laws to one's advantage isn't something this guy invented.
  
  then someone should sue him for using their invention...
- mlvassallo, on 07/23/2008, -0/+9Its not him. It is the system that allows him to do it. There should be a statute on patents and the ability to litigate over stuff like this.
- aspec, on 07/23/2008, -0/+11You might be right, though the intention is similar, the method is different. If you had an idea and you wanted to patent it, and sit on it, I'd assume you'd have the right to.
  
  But the question is, should we allow a market to develop where you can own a company whose sole existence is based on it's ability to create vague ideas to patent to make money when others do the real R&D?
  
  Think of it this way; If a younger woman marries an older man for money, and he dies, and she gets money, there really isn't anything wrong with that.
  
  However, if a woman has a history of marrying older men and they die in vague situations where the cause of death is questionable, you might see something wrong with that.
- Feanor, on 07/23/2008, -0/+7Just because more people do it doesn't make it morally acceptable.
- schroeder, on 07/23/2008, -1/+4This is different than squatting on a domain were there is tangible ownership. These guys are patenting ideas (broad concepts) with no plans for using them to create anything. Then if someone actually comes up with the same idea and does something about it they take their hard earned cash without earning it. I would NEVER do that and there are a lot of people who feel the same way. That's more like if I patented the idea using a brick to hold open a door and then suing people who sell bricks and people who use them to hold open doors. I think in order for people to hold these patents they need to prove that they are actively pursuing development quarterly or yearly and file these documents along with the patents. Otherwise there will be fear of invention for fear of litigation.
  - coyote1284, on 07/24/2008, -0/+1To play devil's advocate, huge corporations like Nintendo, Sony, and Microsoft should have people that rifle through patents to make sure it hasn't already been filed and acquire the license for use if it has.
    
    OTOH, where was this guy in the late 90s when analog controls were introduced? Are you telling me that Nintendo, Sega and Sony acquired the license from him then?
  - Tevediggs, on 07/24/2008, -0/+1Yes let's cancel production of our new console and go another direction cuz some ***** already has a patent.
salamnder, on 07/23/2008, -14/+4What total crap!!! I support I.P. (except cracked vid games :D) but I mean, come on.... That would be like me putting a patten on a hydrogen filling station.... and as soon as Honda rolls out with (since they actually paid the capital to make the product) i'll sue their pants off....
- altgeeky1, on 07/23/2008, -3/+9Dude, this is an adult topic, not an AOL chat room. Come back when you're 16, or you've learned to spell.
  - DaHuuuuuudge, on 07/23/2008, -0/+3Somebody else has a "patten" on spelling.
- novemberwhiskey, on 07/23/2008, -0/+0So you are telling me you are able to write a coherent patent on hydrogen filling stations that will stand the test of the USPTO and the courts?
  
  If you can, you will be a very rich man.
  
  The claims in a patent may be broad, but you have to be able to describe the invention in detail in the methods.
Schmapdi, on 07/23/2008, -2/+37Good for Nintendo for being willing to fight off what clearly seems to be a guy looking to get an easy buck. Apparently I should go patent the words "flying car device" and "human teleportation system" so in 50 years I can be rich too.
- breadfred, on 07/23/2008, -1/+6Thanks! I have just put a patent on these, following your comment. I am going to be rich!
- DeathfireD, on 07/23/2008, -0/+9its already patented http://www.patentstorm.us/patents/6745977.html
  http://www.patentstorm.us/patents/5820469.html
  lol
  - uberduger, on 07/24/2008, -0/+2Seriously, that's the most ridiculous thing I've ever seen. I reckon these patents should only be allowed if some sort of worked example, prototype or proof of concept could be shown. I'm all for this dude who patented the flying device, but he should have to detail how it works. If I could go and build one that actually, y'know, worked using his design, I'd happily give him a cut. But there isn't a design. *RAGE*
slickrocktrail, on 07/23/2008, -1/+16The url anascape.com is for sale. I think I will buy it. I am sure no one will sue me.

BTW. I cannot find the corporate site for Anascape, Inc.
- Enfenestrate, on 07/23/2008, -0/+21He's too busy jotting down vague ideas for products in the back of a Starbucks to bother with a site.
- Elranzer, on 07/24/2008, -0/+2I think we should set up a Paypal donation so you can afford to buy the domain. Then sell it ("donate" it) to Nintendo, LLC.
- Tevediggs, on 07/24/2008, -0/+1everytime i read the company name i first see Analscape...
airwalkery2k, on 07/23/2008, -5/+21Before we all go hating on the guy who sued our beloved Nintendo, I hope we realize that sometimes these patents do serve a purpose to protect the work of people. If somebody invents something, and a company uses it, then the inventor is entitled to a royalty for his work.

If, however, somebody is just shotgunning the patent system with vague or obvious patents and expects to be paid when one of his crackpot dreams comes true, then I think that is an abuse of the system and he would deserve nothing.

I hold my opinion about this case since I have read conflicting reports about whether he really spent time working on this or if he really is just making money from lawesuits.
- reed311, on 07/23/2008, -1/+2Yeah I agree. Also, it's up to the judge to determine if the original patent was unique enough to actually determine if it is a valid patent. Apparently, the judge in this case thought it was unique enough. I know a guy that spent $5,000 getting a patent on something stupid that would never sell, just in case someone ever made that product and sold it.
- Coolkid11, on 07/23/2008, -0/+3It really depends on the case. I remember there was a case where a couple was suing Seagate for stealing their HDD technology patent, and it was an actual legitimate case. The couple had full intention of producing and selling their technology and Seagate stole it without compensation. Obviously there is a huge difference between a patent that is "motion sensing controller" and and a patent that is specialized in a certain specific way of storage with semi-conductors.
- nydwarf, on 07/23/2008, -1/+2I think everyone acknowledges the fact that patent protection is important but it still feels slimy when stuff like this happens.
- Disastorm, on 07/23/2008, -1/+3No system can be just unless there are exceptions. No one should be able to abuse systems even if its within the law. Judges should just be able to say "its obvious you are just doing this to get money, you actualy don't intend to ever use this patent" and close the case there.
  - Kanten, on 07/25/2008, -0/+1This is why juries exist. Too bad they never use them in the blatantly obvious cases where'd they'd actually be useful.
Marglar, on 07/23/2008, -2/+23I am so sick of hearing about lawsuits from patent trolls. The patent system really needs to be looked at! If you have something patented it should have to become an available product within a certain time frame, you shouldn't be allowed to just sit on a patent until somone creates a product remotely similar to yours, then sue them..

So silly. :)
theviceroy, on 07/23/2008, -3/+14WTF... Unless this guy filed these patents in like 1976 there is no reason he should be holding them. He didn't invent anything, all of the technology he is claiming to own the rights to has existed for ***** decades. (In some way or another - basically everything in all modern game controllers are modified versions of things first introduced in stand-up arcade consoles and pin-ball)

I think I'm going to go file a patent for an "electronic game-playing device" and make millions!
- uberduger, on 07/24/2008, -0/+1Too late - I patented the "powered device" back in 1917 and yours appears to steal from my intellectual property. See you in court, buddy.
c4sh, on 07/23/2008, -9/+10Copyright law sucks ass.
- reed311, on 07/23/2008, -0/+20Ok... but this is patent law.
- Nekiruhs, on 07/23/2008, -0/+4It's not a copyright this suit is dealing with. Patents are very different from copyrights. You can copyright your game controller all you want, but if I can prove I worked my own way to my controller (R&D, testing, manufacturing, everything) then I'm in the clear. If you patent a "Plastic housing with one or more buttons affixed", there isn't a way in hell I can make something involving a plastic housing with one or more buttons affixed without being at least open to a lawsuit. A judge could deem the suit frivolous, but I'd still be open to it.
D3koy, on 07/23/2008, -2/+8What crap, if he has no product or plans to release a product I say he's got no rights here...This is like Apple trying to patent those solar cells....
- Jhiaxuz, on 07/23/2008, -3/+1But Nintendo is flooding the market. It has nothing to do with him being a greedy, lazy douche...
BlackJackJester, on 07/23/2008, -1/+9"controller with analog button"? COMON! I'm sure Nintendo can find something that precedes this patent that goes under the "controller with analog button", proving Anascape wasn't the inventor. I say, if you don't have serious plans to use a patent within 6 months of getting it, you lose it. If it's obvious you are a money hoarding whore, you should be shot. This is like if AT&T got a patent for "the internet" 15 years ago, and is now suing every American for infringing. Carson City, you say? Lock and load, you can't litigate when you're dead.
sigsegfalt, on 07/23/2008, -3/+17Someone needs to go to Carson City, Nevada, and kick Brad Armstrong's ass. When Nintendo raises the price on their controllers a few bucks to account for this eventual payout, it will be his fault.
- drlha, on 07/23/2008, -0/+1If he gets the payout, he'd probably move out of Carson City. I know I would. That said, he might not move far, Tahoe is lovely. ;)
  - chaosblade77, on 07/24/2008, -0/+1He already settled out of court with Microsoft and was paid licensing fees by Sony. If he's just a patent troll, he's already gotten money. The $21 million from Nintendo will probably be a lot bigger than what he's gotten so far depending on the licensing terms.
  - coyote1284, on 07/24/2008, -0/+1Microsoft and Sony saw that, in the long run, it was more adventageous for their business to settle than to fight this guy. Nintendo OTOH felt that this guy didn't have a leg to stand on and chose to fight... especially since they had a "remote controller with analog button" on the market since June 23, 1996 (Nintendo 64), far predating Mr. Armstrong's patent of March 27, 2001.
  - Elranzer, on 07/24/2008, -0/+2Settling out of court is for pussies. Nintendo's got the money to call him out on his ***** in court.
warcin, on 07/23/2008, -1/+10I want to patent that act of creating patents I have no intention of ever using just so I can sue someone over it. That way I can sue all these patent squaters and make the loop complete
medieval, on 07/23/2008, -1/+3There's a movie coming out called "Flash of Genius" starring Greg Kinnear which outlines some of the virtues of the patent system. It basically chronicled the story of the guy who invented the intermittent wiper and had his idea stolen by all of the major automakers. So, basically, patents are all bad.
- medieval, on 07/24/2008, -0/+1the above should read *aren't all bad*
KaiSe7eN, on 07/23/2008, -11/+6I'm rooting for the guy suing nintendo.
pitchblack16, on 07/23/2008, -2/+5This is gonna retarded and pretty petty. But than again, people will do anything for money, shameful.
Zyvo, on 07/23/2008, -4/+15***** BRAD ARMSTRONG
- uberduger, on 07/24/2008, -1/+0Nah, he's too busy trying to ***** Nintendo. It'd be awkward.
- Tevediggs, on 07/24/2008, -0/+1Just run a Brad Armstrong train
XternalHD, on 07/23/2008, -1/+7BRB Im going to patent "Using the lungs to breathe Oxygen".
- slayernine, on 07/23/2008, -0/+3To bad I got the beating heart patent first :P
  
  That'll be $0.01/beat pls thnx
- SSUK, on 07/23/2008, -0/+1Someone already patented swinging on a swing.
  
  http://www.newscientist.com/article/dn2178-boy-tak ...
- snotrokit, on 07/23/2008, -0/+2i am going to patent using the internet to vote and comment on news articles about stupid patent troll lawyers.
unfilterthought, on 07/23/2008, -1/+8Patent trolling needs to become illegal. Hell the whole patent system needs to be rethought. These ideas he patented are natural evolutions of game controller design.

He didnt create anything!!! He just bet on designs that would become used in the future but had no existing products yet. Analog stick, vibration, 3D Motion, etc.

Use it or lose it.

The Patent system should be protecting those who are creating, from copy-cats who dont have to invest time/money in researching the technology/design innovations.

The patent system should not be protecting trolls like this.
GolfDude, on 07/23/2008, -1/+8how bout we sue the texas court who keeps taking these bogus cases?
- JohnSteel, on 07/23/2008, -0/+5Unfortunately you can't sue the courts when they make bad decisions. Judges are very well protected from the bad decisions that they make. My parents rented a house to people who did thousands of dollars of property damage, stole curtains and a refrigerator, and skipped out on several months rent. When my parents took them to court they counter sued for the security deposit. They won and my parents lost despite having a good amount of proof and the law being on my parents side. My parents filed a complaint of misconduct against the judge and got back a reply that the judge's misconduct wasn't sufficient to warrant any punishment despite her decision clearly going against the law. Judges in America can basically do whatever they want and only the most extreme incompetence gets punished.
  - Kitchenfire, on 07/24/2008, -1/+2If your parents are black, I agree with the judge. If not, then what a shame.
- theviceroy, on 07/23/2008, -0/+1You'd have to petition the governor or the state supreme court to take action. I don't think a citizen can sue the courts.
slayernine, on 07/23/2008, -1/+3If patent trolls cause controller prices to become even more inflated than they are there is going to be a lot of angry gamers.
Seemefearme, on 07/23/2008, -7/+5I'm actually glad he's doing this. Stick it to the man anyway you can, I say.
- mawdurnbukanier, on 07/23/2008, -0/+5This isn't "sticking it to the man," this is taking advantage of other people's work. This guy is nothing more than a douche bag who wants to retire on somebody else's dime.
mnemy, on 07/23/2008, -1/+6I hate when assholes like this abuse the system. Patents are great to protect your products from being ripped off. But too many jackasses like this simply see a hole that they can exploit to get free money without actually implementing anything.
diggit23, on 07/23/2008, -3/+4injunction junction: what's your function?
- Kitchenfire, on 07/24/2008, -0/+2Hooking up fools and lawyers and patents...
mrdanner, on 07/23/2008, -3/+1It's like the money-grubbers that bought up a bunch of useful domain names with no intention of using them just to sell them at a profit!
- FredFredrickson, on 07/23/2008, -0/+3How is that any different than a real estate investor?
- Tevediggs, on 07/24/2008, -0/+1Real estate investors have an active interest in maintaining their property and adding value. I would say it's more like a land investor since there's so much speculation. But in real estate you have a tangible object that trades hands instead of saying "ok it's yours now". I bet paying million for IP makes u feel like such a douche after you hand over the money.
novemberwhiskey, on 07/23/2008, -2/+5Has anyone actually read his patents or does anyone here actually have any experience with the patent system?

It seems like people have no clue and are just jumping to conclusions.
malcolmlo, on 07/23/2008, -3/+8Then reform the patent system. Sorry but, a patent is a patent. Its not just scribbling down ideas on a napkin, getting a patent takes time, money and effort. You have to develop detailed designs and prototypes, hire a patent lawyer, file for patent etc.

What you all are proposing is a system that would shut out the "one-man-inventor". Only companies with the ability to produce, distribution channels, resources and manpower could recieve a patten under what some of you are proposing. I for one dont like that idea. I like the fact that in our current system if i have an idea, there is a possibility i can patent it. Who wants to change that?
- exomni, on 07/23/2008, -0/+4If you really rooted for the "one-man-inventor" little guy, you wouldn't be signing the praises of a patent system that is apparently takes so much time, money, and effort.
  - ZenMojo, on 07/24/2008, -0/+2It takes thousands of dollars to secure a patent and despite it, this man succeeded in getting one. Oh well.
exomni, on 07/23/2008, -3/+5Patent law is *****. Can you believe the ":-(" emoticon is trademarked? You can't even use it on a ***** poster.

"Land of the free" my ***** ass.
- so1omon, on 07/23/2008, -3/+1Please learn the difference between patents and trademarks before attempting to speak on the subject again. Thank you.
nationalist, on 07/23/2008, -1/+3for once, i am NOT rooting for the little guy
teraken, on 07/23/2008, -1/+3Nintendo, Sony, and Microsoft ought to just team up and put their best lawyers together to crush these leeches.
- SSUK, on 07/23/2008, -1/+2But they're legally in the right.
  - teraken, on 07/23/2008, -1/+1Doesn't change the fact that they're just trying to profit off someone's else's success.
  - twigboy, on 07/23/2008, -0/+1morally, theyre *****.
  - lacronicus, on 07/24/2008, -0/+1teraken: that's exactly what patent law is there for.
    
    If you have an idea, and someone else uses it to make lots of money, you are legally entitled to some of that money, since it was your idea that helped make them rich.
  - Tevediggs, on 07/24/2008, -0/+2The problem here is not that it's "his" idea that made them rich. They did not sit down in a meeting with Brad about designing new controllers then steal his ideas, they came up with the same idea on their own.
goldsaturn, on 07/23/2008, -0/+3Anascape's "Headquarters" appears to be a house in the woods, conveniently located in the East Texas Federal Court District, which is notorious for deciding in favor of the plaintiff in cases like this.

http://maps.google.com/maps?f=q&hl=en&geocode=&q=1 ...

I bought a Wii Classic controller yesterday night when I saw this, in case they get scarce. Amazon is still selling them for now.
FredFredrickson, on 07/23/2008, -1/+3So what are you guys saying? That if you have a brilliant idea, but no means to realize it, that a huge company should be able to come along and take the idea away from you, use it for their own profit, and give nothing in return?

Come on, now... where does the little guy fit into the modern world of invention? Should he be locked out, for fear that any good ideas he has will be claimed by others, simply because they have a better ability to create the final product?

Now I'm not saying that our patent laws are perfect, but let's be real here - why are you all so upset that a corporation isn't being allowed to walk all over somebody?
- pbryan, on 07/23/2008, -1/+2In my opinion, ideas should "belong" to those who implement them, not who dream them up. Anyone can come up with a great idea; the hard part is actually realizing the idea.
  
  Just because you thought of an idea first, or made it to the patent office first, doesn't mean you should be entitled to a monopoly on the use of your idea.
  - smzig, on 07/24/2008, -0/+2Exactly, because those who just sit on their ideas are just holding back technological advancement. I agree with what someone said before, they should have a patent and have a certain amount of time to do something with their idea, whether it be licensing other companies to use it or developing a product themselves. If they don't use it in that time span then they lose it for good. And of course there could be provisions for extensions and whatnot.
- mawdurnbukanier, on 07/23/2008, -1/+2Nintendo, Sony, and Microsoft aren't trying to walk all over these people, they didn't even know they existed until they started demanding millions of dollars for products that have been on the market for decades.
  
  Saying this guy didn't have the means to do anything about it is also bull, look at how many companies there are that develop third party controllers and accessories for systems. This guy was just too lazy to go about doing anything with his ideas, why do the work when you can sue somebody else that put in the time?
- theviceroy, on 07/23/2008, -1/+3Brad Armstrong does not have brilliant ideas, or even original ideas. I have no idea how he was awarded these patents but I can assure you that the idea to miniaturize the rumble motor in sit-down arcade racing games and put it in a controller was thought up way way before Mr. Armstrong was putting pen to draft paper.
  
  I assume that the original patents on these types of things already expired since they were probably drawn up in the early 80's, and this guy got the same kind of stuff repatened in his name due to the US patent system being a huge byzantine back-logged trash heap.
  
  The problem is that the case isn't being reopened. All nintendo would have to do is show evidence of a product already existing on the market before Armstrong patened it and that voids his patent.
BradOFarrell, on 07/23/2008, -1/+5They should borrow some of Capcom's lawyers. OBJECTION!
- theviceroy, on 07/23/2008, -0/+2heh, maybe Anascape has a patent on "simplistic and cartoonish lawyer-based video games"
  - BradOFarrell, on 07/23/2008, -0/+1OR even "lawyer-based video games where the simplistic and cartoonish nature belies deeper character studies despite being based on exaggerated archetypes." Those games. Are so good.
neonoodle, on 07/23/2008, -0/+2This is preposterous! It's the equivalent to me patenting __________ and then waiting for someone to invent the same ____________ and then suing them!
JohnSteel, on 07/23/2008, -0/+3Why aren't these giant companies covered by 1,000,000 patents on their products? Didn't they do patent searches? I'd like a better explanation of what exactly is going on here. Does Anascape have working prototypes? Is Anascape even a real business? Does Anascape have other patents and if so how many and what do they cover? This article is pretty short on the info needed to make a decision on whether or not Anascape is a patent troll company.
- theviceroy, on 07/23/2008, -0/+1Yeah, I agree. Going from this information alone either:
  
  1) Nintendo really dropped the ball on protecting their products
  or
  2) This judge is either an idiot or corrupt.
  
  Honestly neither one would surprise me.
DulcetTone, on 07/23/2008, -8/+0This is good for everyone because console gaming SUCKS.
PosedMagnet, on 07/23/2008, -1/+1The Patent system is a joke.

It's just a way for legal extortion to happen.

Like how MS patented machines powered by your body's electricity.. give me a ***** break.

They should throw half that ***** out and use something called a "common sense" clause that basically states, "Don't play stupid, we know what the ***** you're doing. Patent revoked."
InSectWar, on 07/23/2008, -0/+1I was amazed when I had found out that a lawsuit kept rumble controllers off PS3's launch. I remember playing it at a store and being like... wait.. what? That was quite surprising indeed
eanbowman, on 07/23/2008, -1/+1 * Patent 6,135,886, "Variable Conductance Sensor with Elastomeric Dome Cap" (US Patent Issued on October 24, 2000)
* Patent 6,208,271 "Remote Controller with Analog Button" (March 27, 2001)
* Patent 6,222,525 "Image Controller with Sheet Connected Sensors"
* Patent 6,343, 991 "Game Control with Analog Pressure Sensor"
* Patent 6,344,791 "Variable Sensor with Tactile Feedback"
* Patent 6,347,997 "Analog Controls Housed with Electronic Displays"
* Patent 6,906,700 "3D Controller with Vibration"

How can it be impossible for Nintendo to prove prior art on some or all of these patents?
eanbowman, on 07/23/2008, -1/+4 * Patent 6,135,886, "Variable Conductance Sensor with Elastomeric Dome Cap" (US Patent Issued on October 24, 2000)
* Patent 6,208,271 "Remote Controller with Analog Button" (March 27, 2001)
* Patent 6,222,525 "Image Controller with Sheet Connected Sensors" (April 24, 2001)
* Patent 6,343,991 "Game Control with Analog Pressure Sensor" (February 5, 2002)
* Patent 6,344,791 "Variable Sensor with Tactile Feedback" (February 5, 2002)
* Patent 6,347,997 "Analog Controls Housed with Electronic Displays" (February 19, 2002)
* Patent 6,906,700 "3D Controller with Vibration" (June 14, 2005) 2005!?!?!?!??!?

How can it be impossible for Nintendo to prove prior art on some or all of these patents? Most of this stuff looks like it was invented way before this patent troll says he invented it.

I really hate companies like this. They don't provide anything positive to the industry at all. They're greed machines through and through.
- vlurk, on 07/23/2008, -0/+1For sure, I could show the judge my Sega Saturn Nights controller, released in 1996. Not only does it feature an analog joystick, but it has two analog triggers too!
- Sabin, on 07/24/2008, -0/+1Immersion probably beat the guy to the punch on 6,344,791
GolfDude, on 07/23/2008, -1/+10This is Chewbacca.
He lives on Endor with a bunch of 2 foot tall ewoks..
Why does an 8 foot tall wookie want to live on Endor?

Now i ask you one simple thing?

Does this make any sense?

NO!

THIS DOES NOT MAKE ANY SENSE!

IF CHECWBACCA LIVES ON ENDOR YOU MUST ACQUIT! BECAUSE THIS DOES NOT MAKE SENSE!

The Defense Rests!
- Sabin, on 07/24/2008, -0/+4I think you are ***** insane so I am digging you up.
Disastorm, on 07/23/2008, -1/+1Hopefully the court that did Nintendo's case was not too good. When they appeal to federal court, hopefully they will win.
twigboy, on 07/23/2008, -1/+2***** ANASCAPE!
mijokijo, on 07/23/2008, -1/+7Here is a thread from Slashdot that discussed this case. It has some interesting information you might not know.

"I lean to Nintendo's side since the patents are registered to some dude in Carson City, Nevada; but Anascape is registered in Texas, famous for their friendly attitude toward patent trolls. I think it's a case of jury shopping."

Reply:

"Or it's a case of choosing a venue where the judge knows a patent from a potato, where the magistrates are experienced with patent matters for expedited pretrial proceedings, and where the docket that isn't clogged with federal criminal cases that prevent timely resolution of civil matters. Very little in a patent case is decided by the jury and much of what the jury has power over can be corrected on appeal should the jury err. The Eastern District of Texas (and other "rocket dockets") are popular with plaintiffs because they provide the plaintiff with a predictable litigation timetable. They all appeal to the same place (CAFC) so they all follow the same law and extraordinary jury outcomes will be subjected to the same review."

Reply:

"Actually, E.D.Tex is so popular with patent infringement plaintiffs because it hands down victory after victory for plaintiffs on questionable procedural rulings and blatant plaintiff favoritism. Why? Sit down, its story time.

Once upon a time, a certain area of Texas was popular for tort plaintiffs because it frequently produced enormous damage awards, thus providing employment and tourism revenue for an otherwise inconsequential part of the United States. Then, a series of tort reform laws were passed to curtail the activities of the offending courts. So, in search of a new means of corrupting the judicial system to keep a constant flow of legal tourism through Mayberry, a judge from Marshall, Texas decided to publish a paper on patent rules.

Having a judge who understands patent law is an excellent proposition, except when the judge intends to contort the law to draw business into his remote domain and benefit his local associates.

Who decides where a case is brought when the defendant (say, a national corporation) is subject to personal jurisdiction throughout the entire country? The plaintiff. How do you persuade patent plaintiffs to bring lawsuits in your backwards town? By handing out numerous favorable decisions and large damage awards.

And so, E.D.Tex and Marshall, TX are the bane of patent defense attorneys throughout the United States, and patents of doubtful validity regularly receive the imprimatur of a federal district court.

The Court of Appeals for the Federal Circuit doesn't agree to hear appeals for every case, nor should it. That would be impossible.

In conclusion, we should never have let Texas into the Union in the first place."
- Tevediggs, on 07/24/2008, -0/+1As if I didn't hate Texas enough already...
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Nintendo Can't Fight Off Patent Lawsuits, Faces Injunction

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