Lonestar sues Nintendo over Wii capacitor design

A Texas-based company called Lonestar Inventions has sued Nintendo, claiming that the company copied one of Lonestar's patented capacitor designs and used it in the Wii. As is usual with intellectual property related lawsuits, there's a fair degree of shady business surrounding the lawsuit. For one, Lonestar didn't contact Nintendo before filing, and hasn't told the company precisely which capacitor breaches the patent holder's rights. For two, Lonestar has apparently sued other companies -- including Kodak and Freescale -- in recent times, in a similar style. It's probably not a coincidence that Lonestar's offices are located in an Austin law firm, either. Yet more evidence that the patenting system is well and truly messed up.

[Via Wall Street Journal (Paid Subscription Required)]

[Will @ Jun 18th 2007 10:55AM]

Why does it seem like these companies suing are always from Texas?

[Mike @ Jun 18th 2007 12:07PM]

Will-

This may shed a little light on it for you: http://www.technologyreview.com/InfoTech-Software/wtr_16280,300,p1.html?PM=GO

Also, check out the wikipedia page on patent trolls. This seems to be another cookie-cutter case of someone owning patents, not producing anything, and hunting for companies that 'infringe' on their patents.


Hope I helped in your understanding a little

[Mario @ Jun 18th 2007 11:41AM]

Its quick and patent holders win most of the suits if they're filed in Marshall, TX

http://www.nytimes.com/2006/09/24/business/24ward.html?ex=1316750400&en=65001ada21beb03a&ei=5088&partner=rssnyt&emc=rss

[macona @ Jun 18th 2007 11:30AM]

These capacitors are supposed to be part of the chips themselves.

Question is does Nintendo actually design the chip? I find it hard to believe that nintendo had chip designers on staff. Most likely farmed out to the lowest bidder.

[Kichigai Mentat @ Jun 19th 2007 5:04PM]

Well, I know the CPU is a modified PowerPC 905C series (AKA: G3, similar to the CPU used in the GameCube, probably for compatibility reasons), and the GPU is made by ATI, so I'm going to guess that ATI might be responsible for the other chipsets in the Wii, except for the Wireless (unknown manufacturer, certainly not Nintendo) and the 512 MB of Flash memory (unknown manufacturer, definitely not Nintendo).

So, I completely agree with you that Nintendo probably didn't design or build this particular capacitor. It was likely either IBM, ATI, or some other tiny/obscure company (like Foxconn or Quantas). I mean, for years console/arcade cabinet manufacturers haven't been using chips designed from the ground up, exclusively designed for their machine. And for the very few that have been exclusively used for only a console, they've either been modified designs of existing chips (Like the N64's M9000 CPU, the XBox's P3, or the GCN's PowerPC 905C), or have been designed with chipmakers (like the PS2's 128-bit "Emotion Engine" MIPS CPU), or planned for eventual "public" (well, more public) consumption (like the PS3's CELL BE). I would be shocked if the Wii had a 100%, ground-up original chip inside of it.

[adam @ Jun 18th 2007 4:07PM]

Actually, capacitors are connected directly to the ic board, the chip is another component entirely. You can check this by opening up any computer, all the cylindrical parts are capacitors.

[macona @ Jun 18th 2007 4:11PM]

Oh, I know about capacitors. Electrolytic, polyester, ceramic, tantalum, ect. I repair electronics.

If you read the article the capacitors in question are in the IC itself. Has something to do with the design of the capacitor to save space on the die.

So that means this company must have has someone ion mill the case away to look at the chip with a SEM. That must of cost some bucks.

[Bobby @ Jun 18th 2007 11:37AM]

@ Will: Because Texas is the most business friendly state. It has one too many laws providing businesses security from litigations. In other words even defrauded customers will have a tough time getting judges to hear them out and an almost zero chance of winning lawsuits against big businesses.

[Alban @ Jun 18th 2007 12:04PM]

Because we do it BIG in Texas!!!

[tchiseen @ Jun 18th 2007 12:35PM]

I wrote a book called "Patent Trolls: Destroying Innovation", but apparently a patent troll already owned that title, and they're now suing me for all I've got.

[crispyfish @ Jun 18th 2007 12:37PM]

I think you're confusing patents and copyright.

[o0adam0o @ Jun 18th 2007 1:01PM]

WoooHoo! Austin Texas right here ;)!!!!

[Pappy @ Jun 18th 2007 1:54PM]

Nintendo: Not so fast, Lonestar.
Lonestar: Nintendo. So, at last we meet for the first time for the last time. Yeah.
Nintendo: Before you sue, there is something you should know about us, Lonestar.
Lonestar: What?
Nintendo: I am your father's brother's nephew's cousin's former room-mate.
Lonestar: What's that make us?
Nintendo: Absolutely nothing.

(seemed appropriate) :)

[byungsohn @ Jun 19th 2007 10:05AM]

classic movie.

"thats not just a spaceship... it a transformer!"

[Revrant2394 @ Jun 18th 2007 2:07PM]

Lonestar eh? Well that's similar to the steak house, I smell another lawsuit in the works from these pricks.

[Loonie @ Jun 18th 2007 3:24PM]

Oh for crying out loud... a... fffff... ucking CAPACITOR?? So when are they going to get sued for infringing some company's patent for exploiting the conductive properties of metal?

What an absolute, festering, steaming crock.

[Redeemer @ Jun 18th 2007 3:32PM]

Loonie, please note that the pending lawsuit on conductive properties patent abuse is not something that may be discussed outside the courtroom... :P

[David @ Jun 18th 2007 3:33PM]

So if I patent something that I invented, and someone else makes money off of my design, then it is alright because I was not selling my invention? You guys never fail to amaze me. How about all of you overweight neo-commies who live with your parents get off you rears and actually try to start your own business and hire people and pay REAL taxes and deal with others stealing your ideas and putting you out of business so that all you have left is running your business out of a law office.

[Freez @ Jun 18th 2007 3:45PM]

That isn't what's happening here. The firm doing the suing is a patent troll firm, it's not Joe Blow inventor at home who just can't get his good idea off the ground.

These patent troll firms build a business around using a big team of laywers and patent geeks fishing for un-filed patents around technology and so on. They then file for (and receive) the patents ... a major part of the problem... and then wait for another company (they wait for the big boys like Nintendo) and sue for patent infringement.

It's a parasitic business practice that DOES hurt innovation, from big companies like Nintendo *and* from Joe Blows who don't have the team of lawyers to help them know how to file (and protect) their patents.

[Bobby @ Jun 18th 2007 3:48PM]

Go back and read about patent laws.

We dont live in our parents houses, we're not overweight, we're not neo-commies. Most of us work in big tech firms and are quite different from your generalizations.

What does that make you? A skinny nerdy person who lives by himself cuz he has no friends who pays full-taxes? And stop pushing politics on this matter. Trade with communist China has never been better with our patriotic commie-hating leaders.

[TheBigB @ Jun 18th 2007 3:53PM]

Next thing we know, the PS3 has a patented resistor built in...
My point: what's the frickin use of a patent on a CAPACITOR...

[Lonestar Lawyer @ Jun 18th 2007 4:00PM]

The State of Texas (the Lonestar State) should sue Lonestar Inventions for copyright and trademark infringment for using the term "Lonestar" in its corporate name.

[Freez @ Jun 18th 2007 5:02PM]

The county & state love these patent trolls because it's a multi-million dollar business that brings in a lot of tax dollars. So they're not going to change the laws or do anything to companies like Lonestar.

The patent laws (and the process for getting a patent) need to change in order for this trolling to be rectified.

David, you should direct your anger at Lonestar, they're the guys gobbling up un-filed patents from the little guys (like yourself) AND the big guys (like Nintendo).

It sucks because their entire business is built (and works) on the premise that they'll sue for exorbitant amounts of money, and settle for a lot less (because it's cheaper for most of these companies to settle than to follow through on the case). They have no expectation of winning a full litigation suit, they're counting on the person/company they're suing to settle... sadly, it works.

BTW, I work in a field (video games) where we create a lot of new IP and patented technology. I've been involved in the creation of a lot of patentable innovations, and you wouldn't believe the extent we have to go through to secure our ideas from these trolls. The risk and cost associated with just protecting yourself from the possibility of this happening to you is ridiculous... it's probably too costly for for most individuals or small private companies to undertake.

It's sad, really.

[Ken @ Jun 18th 2007 7:33PM]

i have a dream or idea about 30 years ago, was to make a gaming device where i can carry it and put it in pocket and play video games wherever i go! Should i sue nintendo for making the Gameboy?

[RedBull Runner @ Jun 18th 2007 7:42PM]

Not unless you have a patent.

[Ken @ Jun 18th 2007 8:09PM]

then it' the US GOVERNMENT FAULT! for issuing patents to anyone!

[David @ Jun 18th 2007 8:36PM]

Again, I ask: "So if I patent something that I invented, and someone else makes money off of my design, then it is alright because I was not selling my invention?"

If this company is a patent troll, then the judge should take this into account. I assume patent trolling is like pornography, "you know it when you see it" because a lot of you guys seem to have already condemned Texas, Austin, and this company.

[John @ Jun 18th 2007 8:47PM]

I'm just sad these guys are located in Austin. It use to be such a nice town.