Nintendo really can’t catch a break at the moment what with the sales of their Nintendo Wii-U pretty much non-existent and the software sales on the 3DS not keeping up thanks to rampant piracy.
And now to pour more petrol on the fire it looks like Nintendo are being taken back to court – this time by Phillips.
When I think of Philips I think of toasters and kettles but apparently they make a wide range of technology items and hold a number of patents. One specific patent is described as a “User Interface System Based on Pointing Device” and the other one in the case is for “Virtual Body Control Device”.
Both of which sound so incredibly wide ranging that Sony, Microsoft and Samsung should all worry about their gesture controls. But they’ve started out by going after Nintendo for all their controllers by claiming that they informed Nintendo of this patent in 2011 and were subsequently ignored.
As with all patent cases it is impossible to really say if Philips has a case here until all the technical details are put forward by the lawyers but if the court decides the patent is valid then Nintendo could be looking at a massive lawsuit that would cover the sales of all Nintendo home consoles.
I’m sure Sony and Microsoft are watching the case closely and are hoping for a Nintendo win.
The full court document can be found below.
Koninklijke Philips N.V. et. al. v. Nintendo et. al. by PriorSmart
Last Updated: May 15, 2014
RinceBroken
May 15, 2014 at 15:08
Eish. This could set a huge precedent!
Kensei Seraph
May 15, 2014 at 15:08
“User Interface System Based on Pointing Device” sounds like the touch screen on my phone.
Looks like Samsung could also be in trouble.
RinceBroken
May 15, 2014 at 15:09
And dare we say App… App… Those people that Zoe likes…
Admiral Chief in Space
May 15, 2014 at 15:10
Close call there Rince, you almost failed
RinceBroken
May 15, 2014 at 15:10
I know, I’ve just bit my tongue out of shame…
Alien Emperor Trevor
May 15, 2014 at 15:16
He did, he called them people.
Admiral Chief in Space
May 15, 2014 at 15:19
Off to the retard corner then @rincethis:disqus, don’t forget your hat!
Brian Murphy
May 15, 2014 at 16:31
Just call ’em Granny Smith, cause only old ladies like ’em (my mom for example) 😉
*runs*
HvR - THE Average GAmer
May 15, 2014 at 15:31
No its device you point at a screen like a Wii Control. PS Move might also be in the firing line if there isn’t an agreement.
Weanerdog
May 15, 2014 at 15:33
Well you don’t point the wii mote at the screen, it is a motion sensor thingy, like the motion sensor thingies you get in smart phones.
HvR - THE Average GAmer
May 15, 2014 at 15:38
Well used the word “point” for simplicity. If you scan through the legal doc you will see it is various patents using a device with accelerometers, cameras etc to perform actions on a screen or device.
“Motion Sensor thingies”/accelerometers have been around since the 1950’s so those patents have long since expired.
Weanerdog
May 15, 2014 at 16:50
I was going to read through the docs but decided to rather attack your argument. Isn’t that how it works in lawyer land. 🙂 Seriously though this patent is rather far reaching and one wonders who is next on the list of using a gesture, accelerometer, camera etc to input actions that are displayed on a screen.
Brian Murphy
May 15, 2014 at 16:55
The problem is the US’ patent law is woefully outdated, and woefully misused. Until that’s changed, this kinda shit happens all the time.
Add that to the list of shit we need to burn down and rebuild.
HvR - THE Average GAmer
May 15, 2014 at 17:02
SA patent is worth more as toilet paper. Just think nobody cares anymore, if patent infringement is made criminal they might as well scrap the whole system.
Worked for medium sized tech company with in house lawyers, millions spent on patenting everything. Chinese company start copying our product (straight up rip off in cheap plastics); the company couldn’t do a thing to stop it. You legally block import, they make a few cosmetic changes and ship it in as new product. taking legal action in China and every user country costs more than the company’s turn over for a year.
Weanerdog
May 15, 2014 at 17:08
I did not know that there was copyright law in China at all. Live and learn.
Also when our courts are filled up with murderers, rapists and other violent crimes they don’t even care about “petty crimes” like stealing etc, what chance do you have for any civil case to be taken seriously.
HvR - THE Average GAmer
May 15, 2014 at 17:12
There isn’t that is the problem. And half the companies (like Huawei) are secretly owned by the Chinese government.
Pokémon Fan
May 15, 2014 at 23:50
That’s because China is Communist.
Brian Murphy
May 15, 2014 at 17:22
Well, that’s mainly because there’s no international one size fits all, patent law. Each country retains it’s own rights in that regard, which obviously leads to issues (since every country is out to protect their own interests, mainly). There’ve been many, many examples of the Chinese doing what you’re talking about (In the US as well), and it’s difficult to hold them accountable for it, because they just don’t care what the international community says.
Though, as an American, I realize there’s some serious hypocrisy in there in my statement. Unfortunately, that’s a problem in and of itself. Because now it’s actually an accepted form of argument, where “Hey, you do bad things, so you have no right to talk about the bad shit we do”.
I can’t remember where I saw it, but there an issue at one point where a guy had invented a new type of wrench and patented it. And it was being sold in some big box store in the US (not sure which), the big box store suddenly terminated their partnership, and the guy would later find out that a Chinese company had copied the idea, selling it at a far lower price that the mom/pop inventor couldn’t compete with. Patent Law and enforcement in the world, is a complete mess.
Pokémon Fan
May 15, 2014 at 23:53
Yeah so why can’t Philips be sued? HvR THE Average GAmer you get on that.
Admiral Chief in Space
May 15, 2014 at 15:08
Shame, Nintendo just can’t get a break
Kromas
May 15, 2014 at 15:11
They got plenty … when Wii users broke their tvs cause of the controller. 😛
Admiral Chief in Space
May 15, 2014 at 15:12
lolz
HvR - THE Average GAmer
May 15, 2014 at 15:27
Thats why Philips held out on court action them till now.
Weanerdog
May 15, 2014 at 15:38
I like this, we let them know in 2011 and then held off until they made some money and now that the money is made we going to sue. I think that there should be a time limit on you actually taking action after the breach comes to your attention. Lets face it Phillips have not defended their patent in any way but now they want to get a payout for others use thereof. If the patent is so bloody marvelous why didn’t they shut down the sales of the Wii in 2011. I am all for defending your rights but this smacks of money grabbing.
HvR - THE Average GAmer
May 15, 2014 at 15:43
Of course it is money grabbing, the only reason these days to take out a patent is to sue someone else when they’ve made some money.
Alien Emperor Trevor
May 15, 2014 at 15:48
I should patent that idea.
Weanerdog
May 15, 2014 at 16:51
You should you could spend millions in lawyers fees, remember the real winners are not the patent holder and the defendant but the two teams of lawyers.
Alien Emperor Trevor
May 15, 2014 at 18:59
Damn it.
Pokémon Fan
May 15, 2014 at 23:49
Exactly!
Sir Rants A Lot Llew. Jelly!!!
May 15, 2014 at 15:50
“user interface Based on Pointing device” Sooooooooo a TV Remote control then?
Pokémon Fan
May 15, 2014 at 23:47
Nice.
Labey-Kun
May 15, 2014 at 16:41
Shame poor Nintendo first it’s the Wii U flop and now it’s the lame brand breathing down their necks.
Pokémon Fan
May 15, 2014 at 23:47
I can’t believe the Wii U flopped! It is amazing!
Labey-Kun
May 20, 2014 at 12:03
Nintendo underestimated the people this time around, because from I am seeing people want more graphics in games otherwise they would have bought the Wii U if that wasn’t the case, if they release a proper Pokemon Adventure game on Wii U then I we could possibly see a increase of Wii U sales.
Pokémon Fan
May 20, 2014 at 17:07
I don’t think Pokémon will be good on the Wii U. But Mario Kart 8 and Super Smash Bros will be good!
Labey-Kun
June 3, 2014 at 09:02
Why wouldn’t it be good? You do realize the game can be so much better on the console right? Instead of the same gameplay for the last 14years.
Pokémon Fan
June 3, 2014 at 18:49
Uh yeah of course I do. I’m just saying it will be good. Why are you hating on me?
Labey-Kun
June 5, 2014 at 13:01
Lol I’m not I’m just saying that’s all. xD
Pokémon Fan
June 5, 2014 at 17:55
And that’s exactly what I was doing when I said that Mario Kart 8 and SSB4 would be good.
Nota Reálname
May 15, 2014 at 19:58
Hold on is this why Microsoft is releasing a Kinect free XBOX?
J_Joestar
May 15, 2014 at 20:32
no, the sales disparity between the PS4 and Xbone is why.
Pokémon Fan
May 15, 2014 at 23:43
Yeesh! Why does Philips have to hate on Nintendo? Here’s to a Nintendo win!
Pokémon Fan
May 15, 2014 at 23:44
Poor Nintendo. They just can’t get a break.
Pokémon Fan
May 15, 2014 at 23:45
Does anybody know if e3 is open to the public?
Pokémon Fan
May 16, 2014 at 01:00
Poor Nintendo.
Pokémon Fan
May 16, 2014 at 01:34
Hey does anybody know if Nintendo is releasing something called the Super Nintendo Cube 64 U 3D I Advance XL Micro SP Color Lite Entertainment System? Featuring their new Nintendo VR headset: Nintendo On! The headset looks like this?
Pokémon Fan
May 16, 2014 at 01:39
Go to http://wiiudaily.com/2014/05/nintendo-rd-department-unified/ and then look at Nintendo of America’s comment to see what it looks like.