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Nintendo loses Wii remote lawsuit against iLife; must pay $10M


Nintendo's reaction makes it clear

"On Aug. 31, 2017, a jury in Texas found that certain Wii and Wii U video game systems and software bundles infringed a patent belonging to iLife Technologies Inc. related to detecting if a person has fallen down," Nintendo said in a statement provided to Glixel. "The jury awarded iLife $10 million in damages. Nintendo disagrees with the decision, as Nintendo does not infringe iLife's patent and the patent is invalid. Nintendo looks forward to raising those issues with the district court and with the court of appeals."

Yeah. this is far from over
 
The patent trolling is so important to their economy that the local residents are honestly already primed to always find in favor of the trolls to keep the gravy train coming.

Not even being a corporate apologist here, the last time I bothered to look at these cases the patents barely resembled who they were suing.

Yeah, East Texas/Marshall is particularly famous. Eg http://www.mercurynews.com/2017/05/26/justices-jangle-nerves-in-texas-town-that-patent-trolls-built/
 
Yeah in the case of patents juries seems like a stupid way to deliberate technology differences. Get a judge that actually knows their shit because juries can just be swamped with details and data to think a choice is the right one.

On principle I think it's actually pretty sound. If your argument is right it's essential that you be able to explain it to a layman, because not everyone in the world has the time to be an expert on everything and you can't expect people to always just take you at your word. It's why ethics panels on scientific studies always have one or more unaffiliated non-science-related persons to push people to be less jargon-y and more straightforward in explaining their methods and rationale. In order to educate the populace sometimes you have to bring things down to their level, especially if you want them to support you.
 
People on here just automatically side with the big loved gaming company when they steal things.

Really? Why must some people pull out the fanboy jabbering in every thread and emberass themselves...

This law suit is hilarious, the US patent law is obviously broken and a patent troll is involved. It does need no Ninlove to take side.
 

entremet

Member
Really? Why must some people pull out the fanboy jabbering in every thread and emberass themselves...

This law suit is hilarious, the US patent law is obviously broken and a patent troll is involved. It does need no Ninlove to take side.
There’s always at least one in those types of posters in the threads lol.
 
Yeah, Nintendo doesn't cover themselves in glory in the use of IP to advantage Nintendo at the cost of society in general stakes. But East Texas is something special when it comes to Patent suits, it's effectively a bought and paid for court. Not even Nintendo deserves that shit.
 
Let's say Nintendo appeals. Who decides if the decision gets overturned?

Edit: Did my research. I just wanted to be sure it was out of the hands of some jury.
 
This is the patent in question: https://www.google.com/patents/US6864796

It’s rather vague - it involves a sensor (which is defined as basically any kind of sensor, not just accelerometers) inside a communication device (which is defined as any kind of computing device). If the sensor detects motion that goes beyond a specific threshold, it triggers an alarm.

The thing is, ideas cannot be patented, only very specific implementations of an idea. This just seems way too vague, this really is just patenting the idea.
 

Mr-Joker

Banned
People on here just automatically side with the big loved gaming company when they steal things.

Your post just reeks of fanboy crap.

The Wiimote does not detect if someone has fallen as it was never designed for that.

So if I make a patent in my country and not in the US, and then some years after if I want to sell my product there I have to do another patent?

Yes you need to have patent for each region market you want to sell the product in.
 
Maybe Nintendo should produce more Snes classic consoles to compensate for the lost...

mY5CR4A.gif
 
This is the patent in question: https://www.google.com/patents/US6864796

It’s rather vague - it involves a sensor (which is defined as basically any kind of sensor, not just accelerometers) inside a communication device (which is defined as any kind of computing device). If the sensor detects motion that goes beyond a specific threshold, it triggers an alarm.

The thing is, ideas cannot be patented, only very specific implementations of an idea. This just seems way too vague, this really is just patenting the idea.

Yeah, patents are supposed to be implementable from the patent but they've sort of expands to vague descriptions of stuff that might be implementable thanks to process patents. The Patent Office is far to lenient in its grants.
 

Justin Bailey

------ ------
lol - I guess the Northern Texas District was getting jealous of the Eastern District's patent troll lawsuits. Now they have some competition!
 

ggx2ac

Member
This is the patent in question: https://www.google.com/patents/US6864796

It’s rather vague - it involves a sensor (which is defined as basically any kind of sensor, not just accelerometers) inside a communication device (which is defined as any kind of computing device). If the sensor detects motion that goes beyond a specific threshold, it triggers an alarm.

That's why it's no question that the patent is invalid and is from a patent troll as pointed out by this other post that they also sued a bunch of other companies for the same patent:

Yep, patent trolls it seems https://www.engadget.com/2017/08/31/nintendo-pay-10-million-wii-patent-lawsuit/

Around the same time that it sued Nintendo, iLife also filed patent infringement suits against a number of other companies -- including Fitbit and Under Armour -- that involved the same patents listed in the Nintendo case.

The problem is that it was trialled in Texas as pointed out by others in the thread already.
 
Note that this isn’t really a patent troll - this is a company that invented “I’ve fallen and I can’t get up” tech, and actually sells it. They are being greedy in their patent lawsuits, but at least this is the company that made the tech they are suing over, it isn’t a company formed specifically for the purpose of suing over patents they bought.
 

Scrawnton

Member
Note that this isn’t really a patent troll - this is a company that invented “I’ve fallen and I can’t get up” tech, and actually sells it. They are being greedy in their patent lawsuits, but at least this is the company that made the tech they are suing over, it isn’t a company formed specifically for the purpose of suing over patents they bought.
But the patent is vague and it doesn't even apply to the wiimote. By citing this case, this company could sue Sony, oculus, htc, and all phone manufacturers and win based off such a loose and bogus claim.
 
Yeah that's going to appeals court.

Where it may lose it should be noted. The Patent Appeals Court is also fairly troll friendly. But Nintendo can afford to go to the Supreme Court if it has too.

Specialist courts are sort of problematic since like arbitration tribunals there's a sort of a hand on the scales in favour of the "customer".
 

Raysoul

Member
This is the patent in question: https://www.google.com/patents/US6864796

It’s rather vague - it involves a sensor (which is defined as basically any kind of sensor, not just accelerometers) inside a communication device (which is defined as any kind of computing device). If the sensor detects motion that goes beyond a specific threshold, it triggers an alarm.

The thing is, ideas cannot be patented, only very specific implementations of an idea. This just seems way too vague, this really is just patenting the idea.

So basically they can sue any company with motion sensors? I'm shookt. :O
 

BigEmil

Junior Member
Lol nowadays $10M is pocket change for Nintendo especially with their mobile games alone 😂
 

tkscz

Member
Why do juries keep falling for these patent trolls?

Because they don't actually look at patents. The two patents are clearly different, but if you don't look at them, you won't know. There is a reason they went to Texas for this.
 
Where it may lose it should be noted. The Patent Appeals Court is also fairly troll friendly. But Nintendo can afford to go to the Supreme Court if it has too.

Specialist courts are sort of problematic since like arbitration tribunals there's a sort of a hand on the scales in favour of the "customer".

The only other time Nintendo tried to appeal was when the 3DS loss happened and they won, so we'll see.
 
People on here just automatically side with the big loved gaming company when they steal things.

Apparently other people on here just automatically side against them just as quickly and baselessly. I'm sure Nintendo actually stole technology from the baby monitor making company, as did all the others:

Around the same time that it sued Nintendo, iLife also filed patent infringement suits against a number of other companies -- including Fitbit and Under Armour -- that involved the same patents listed in the Nintendo case.

All a bunch of dirty thieves. It's certainly not a case of abusing the broken patent system to get some quick and easy buck. *rolleyes*
 

HowZatOZ

Banned
On principle I think it's actually pretty sound. If your argument is right it's essential that you be able to explain it to a layman, because not everyone in the world has the time to be an expert on everything and you can't expect people to always just take you at your word. It's why ethics panels on scientific studies always have one or more unaffiliated non-science-related persons to push people to be less jargon-y and more straightforward in explaining their methods and rationale. In order to educate the populace sometimes you have to bring things down to their level, especially if you want them to support you.

I can see your point in needing to ensure patents are understandable across all degrees of intelligence but I still don't like the idea of juries. Far easier to sway a jury with big talk and using trick imagery or language to prove a false point then a judge who knows their tech.
 

blu

Wants the largest console games publisher to avoid Nintendo's platforms.
People on here just automatically side with the big loved gaming company when they steal things.
Is this your Pavlovian response to the word 'nintendo'?
 

Hellshy.

Member
The patent trolling is so important to their economy that the local residents are honestly already primed to always find in favor of the trolls to keep the gravy train coming.

Not even being a corporate apologist here, the last time I bothered to look at these cases the patents barely resembled who they were suing.

T
What about the judges? I don't know how it works with civil cases but in criminal court a guilty verdict can be overturned by a judge . If these patents are obvious trolls to gamers surely a civil judge can understand Nintendo lawyer language?
 

FyreWulff

Member
T
What about the judges? I don't know how it works with civil cases but in criminal court a guilty verdict can be overturned by a judge . If these patents are obvious trolls to gamers surely a civil judge can understand Nintendo lawyer language?

The local judges are responsible for making it a patent troll heaven in the first place

People on here just automatically side with the big loved gaming company when they steal things.

Do some research first
 

M3d10n

Member
Didn't Apple use accelerometers to shutdown the HDD in their MacBooks sine the early 00s? Or does this only apply to the wiimote because it's a wireless device?
 

meppi

Member
What I'd love to see if Apple suing them into oblivion for using the lowercase i... for their dumbass name.
iLife? smh

Embarrass yourself in front of everyone for no reason brehs. You should have just passed this thread on by...

What you're asking of him is literally impossible.
The title had Nintendo in it after all, but not only that, on top of it all it had Wii in there as well!
Must attack!
 
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