Nintendo escapes patent troll in appeals court -- thanks to Sony

About, oh -- four years ago -- a little Texas company called Anascape sued Nintendo and Microsoft for ostensibly violating its controller patents. Microsoft settled. Nintendo didn't. Anascape won. One $21 million judgment, two years and countless legal bills later, Nintendo has finally emerged victorious over the patent troll. This week, a Federal Circuit Court overturned two earlier decisions, ruling that Nintendo's GameCube, WaveBird and Wii Classic Controllers don't violate Anascape's six-degrees-of-freedom patent, because Anascape only added that 6DOF claim to its patent in 2000... making Sony's original DualShock controller -- released in 1998 -- prior art. Game, set, match.

[tmarks11 Posted Apr 14th 2010 6:44AM]

So why did it take 3 trials to decide this?

Are Nintendo's IP lawyers so inept that it took them 18 months to discover the "prior art" that were in 25% of the households in America a decade ago?

Or were the NV courts interested in protecting their local "businesses" from the depredations of monster overseas corporations, and refused to acknowledge the Sony controllers as prior art?

[CityZen Posted Apr 14th 2010 10:08AM]

@tmarks11 It's because most patent fights happen in Texas, where the judges seems to favor patent trolls, and the jury is, well, full of Texans. 'nuff said.

[Eternity Posted Apr 14th 2010 7:23AM]

Oh the IRONY!

[SeanR Posted Apr 14th 2010 8:57AM]

Game. Blouses.

[Releaux Posted Apr 14th 2010 9:26AM]

I'm as unhappy with the patent troll business model as everyone else here, but I think our anger is misplaced. These companies exist to make money within a regulatory framework that allows (and some might say *encourages*) their behavior.

It's kind of like the ambulance chasing lawyers. I used to be disgusted with their behavior, but a wise friend pointed out that because of the judiciary's and government's combined refusal to throw out frivolous cases or keep a check on inappropriate awards, there is now a substantial market demand and profit motive. Where those two things exist, someone will work hard to make money, especially when we're talking about millions of dollars.

It's kind of like being mad at all the mice in your office when you're the one eating crackers at your desk and never cleaning up the crumbs. We need to do some crumb sweeping in our patent, copyright, and tort systems.

[kreg37 Posted Apr 14th 2010 9:30AM]

Good job, Nintendo. Now prepare for the Six Degrees of Kevin Bacon suit.

[JacobsDream Posted Apr 14th 2010 10:23AM]

Does that mean that Nintendo gets their $21 back (or that they didn't have to pay $21 after all)?

[htd Posted Apr 14th 2010 10:27AM]

does the party that lose need to pay nintendo the legal fee?

[DougieBear Posted Apr 14th 2010 10:41AM]

Another small victory for nintendo.

[Chefgon Posted Apr 14th 2010 11:14AM]

I love the GameCube controller. It got a lot of hate in its day, but I still think it's the best game controller around.

[kenny goo Posted Apr 14th 2010 2:44PM]

Glad to see Nintendo had a pair (though Microsoft didn't) and they fought back against the patent trolls. Good shit Nintendo, good shit, lol.

[acme64 Posted Apr 14th 2010 5:45PM]

and this took 4 years to figure out?

[jamesFF Posted Apr 15th 2010 12:01AM]

I am trying to figure what this patent is. I though it was for the joystick that the N64 has.

[jimgadgetman Posted Apr 16th 2010 6:26PM]

Does this mean Nintendo will start producing Wavebirds again? The 4 I have work great on my Wii, but they're starting to get old...