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[sprsk]

http://www.asahi.com/business/update/0326/003.html

american government not allowing sony to sell ps controllers?

 

[Ranger X]

http://www.asahi.com/business/update/0326/003.html

american government not allowing sony to sell ps controllers?

traduction please?

Edit: ahh, i see

 

[cja]

Sony lost another battle in the Immersion case. The judge ruled Sony must stop sales of PlayStation product but also awarded a stay on the decision so SCEI and SCEA can appeal.

ORDER ENTERING PERMANENT INJUNCTION AND GRANTING DEFENDANTS' MOTION TO STAY INJUNCTION PENDING APPEAL

For the reasons set forth in its January 10, 2005 Order, and having entered judgment in favor of Plaintiff Immersion Corp. (Immersion), the Court hereby PERMANENTLY ENJOINS Defendants Sony Computer Entertainment America, Inc., (SCEA) and Sony Computer Entertainment, Inc., (SCEI) (collectively Sony)from manufacturing, using, and/or selling in, or importing into, the United States the infringing Sony Playstation system, including its Playstation consoles, Dualshock controllers, and those games found by the jury to infringe.1 As described in January 10 Order, no recall is required of products already sold, but Sony will pay a license fee on all products already placed in the stream of commerce.

The Court GRANTS Sony's counter-motion for a stay (Docket No. 1370) of the injunction pending appeal, pursuant to Federal Rule of Civil Procedure 62(c). In making this determination, the Court considers the strength of Sony's showing that it is likely to succeed on the merits of its appeal, whether Sony will be irreparably injured absent a stay, whether the stay will substantially injure Immersion, and where the public interest lies. Standard Havens Products, Inc., v. Gencor Indus., Inc., 897 F.2d 511, 512 (Fed. Cir. 1990), quoting Hilton v. Braunskill, 481 U.S. 770, 776, (1987). The Court finds that on balance, these factors weigh in favor of granting a stay. None of the authority cited by Immersion suggests that a stay of the injunction pending appeal would be an abuse of discretion. As long as the injunction is stayed, the compulsory license remains in effect.

Sony has filed with the Court a "supplemental submission" of updated sales data for the year 2004. Sony's evidence shows that the games found by the jury to infringe now represent a smaller proportion of overall game sales; for instance, none of the top ten best-selling games for 2004 were accused. See Mehta Decl., Ex. D, TRSTS Report for December 2004. On the other hand, Immersion has provided the Court with supplemental evidence from its expert, Dr. Colgate, showing that Sony has continued to release games that contain the complex vibration found by the jury to infringe. See Colgate Decl. 5-6. As Sony notes, "the video game industry is driven by trends," and "games go in and out of style in months." Sony Supplemental Submission Re: Updated Sales Data Relevant to Motions for Injunction and Stay at 2. Absent evidence from Sony that it has redesigned its products so as to avoid the systems and methods found by the jury to infringe, the Court declines to revise the scope of its injunction based on the introduction of new games and the decline in popularity of the accused games.

IT IS SO ORDERED.

Dated: 3/24/05 /s/ CLAUDIA WILKEN
CLAUDIA WILKEN
United States District Judge

 

[Sgt. Killjoy]

So they can't sell Dual Shocks anymore?

wtf.

 

[Suikoguy]

The whole thing was BS in the first place

 

[cja]

So they can't sell Dual Shocks anymore?

wtf.

No. The judge did rule that sale of infringing PlayStation product (including the PS2 itself btw) should be halted but also granted Sony's request for a stay (as in halt/stall/stop) on the execution of the ruling until the appeal is heard.

Sony have said they're going to appeal rather than settle out of court:

Sony to Appeal U.S. Court Order to Pay Immersion $90.7 Million
March 25, 2005 04:13 EST -- Sony Computer Entertainment Inc. will appeal a U.S. District Court ruling yesterday that ordered the unit of Sony Corp. to pay $90.7 million to software maker Immersion Corp. for alleged patent violations.

Bloomberg

 

[gofreak]

Ughh...if this goes through, unless I'm reading it wrong, it's more than just DS2s. They couldn't sell Playstations or even some games. Even if it was only a temporary thing (till Sony came up and/or implemented any necessary changes to please the courts), it'd cause them massive disruption.

edit - just read the parts in bold before - they'd be prevented from selling some games that infringe Immersion's patents. And current stock would remain in stores.

 

[Shompola]

Ridiculous.

 

[CrimsonSkies]

Yet another Microsoft investment comes up smelling like roses :lol

 

[Taibhse]

Microsoft was also found to be in violation of Immersion's patent on touch/force feedback Haptic technology.

http://news.com.com/2100-1041_3-5056455.html?type=pt&part=inv&tag=feed&subj=news

http://news.com.com/Immersion+sues+Microsoft,+Sony/2110-1040_3-837139.html?tag=nl

This is'nt very surprising. Patents and trademarks are given to innovators so that they may reap the benefits of R&D or a stroke of luck.

The small business, or independent inventor, is able to gain a patent, this prevents people/large corporations from swooping in and trying to infringe on their technology.
Immersion was able to defend their patent. Sometimes in cases like these the large corporations are just hoping the lawsuit defense will bankrupt their opponents.

Microsoft paid up and licensed the technology, Sony is still in court fighting the exact fee they have to pay or maybe fighting the ruling completely, I'm not sure.

The Patent is from 1995 btw.

 

[Agent Icebeezy]

Yet another Microsoft investment comes up smelling like roses :lol

Dualshock thwarts good gaming anyways

 

[ArcadeStickMonk]

Wait. Is this against all Dual Shocks or just the PSOne models? Cuz I need the sweet PCBs inside the old ones.

 

[Ranger X]

I hope Sony will have some agreement cause i want my PS3 controllers to vibrate!

 

[Belfast]

No wonder Sony is so eager to get the PS3 out the door. They wouldn't have to worry so much about having to stop production on PS2 merchandise.

 

[mrkgoo]

so...how come Nintendo gets by with the rumble pak and the GC controller? Is it different enough tech to bypass the patent?

 

[Gattsu25]

so...how come Nintendo gets by with the rumble pak and the GC controller? Is it different enough tech to bypass the patent?

IIRC, the patent it vague enough to encompass all types of game-related rumble/shakes