California-based Interlink, a company that manufacturers remote controls and other devices for business presentations, is suing Nintendo over an alleged patent violation involving the Wii’s motion-sensitive remote control. Interlink filed the complaint in the US District Court in Delaware (where their corporation is legally formed), claiming that their 2005 patent for a “Trigger Operated Electronic Device” was violated by the Wiimote.
The patent depicts an image of Interlink’s “Trigger Operated Electronic Device” which looks oddly like a Star Trek: The Next Generation phaser and comes with a couple of buttons on top and a small vertical IR sensor that sits next to a computer monitor. The legal filing does not disclose the exact nature of the infringement, but it does not appear as though the patent covers the kind of full motion sensitivity found in the Wiimote. Careful reading of the patent itself reveals that the pointer simply acts as a mouse replacement, with the user moving a pressure-sensitive pad around on the remote and the computer tracking this motion as mouse movement through the IR connection.
On the surface, the patent infringement claim sounds ludicrous, especially the claims that the “Plaintiff has suffered damages, including but not limited to, loss of reasonable royalties, reduced sales and/or lost profits as a result of infringing activities.” Hands up — who has cancelled their purchase of a business presentation pointer because they just bought a Wii game system. Anyone? Anyone? Still, the results of the Immersion lawsuit against Sony and others shows that video game companies can lose patent lawsuits against companies that do not manufacture video game systems (although Immersion at least makes components used by game manufacturers).
Obviously Nintendo cannot afford to lose the unique features of the Wii’s remote, as the motion sensing ability is the defining feature of the Wii console. Interlink may be banking on Nintendo’s vulnerability with their lawsuit.
Like most aficionados of invention and innovation, I sincerely hope Nintendo can weather this “extortion by lawyer”. The process of patent protection has devolved to little else.
Dear California-based Interlink;
It’s a tough market, so I can see why you want to increase your revenue. But why stop with Nintendo?
MS’ XBox controller comes as a wireless one afaik. And mouses! Jeeeez, they are all over the place, and I’m sure a few of them are made by rock solid companies you can sue the crap out of. But don’t stop there. Just imagine all the remotes for TVs, DVD players, stereo equipments, photo frames, even fans. Hm, even cameras’ focus system if you stretch it. Oh, and garage openers and all the other handheld devices working with magic. Sue them for all your sufferings. They owe you big time! You poor thing 😉
Things would go a lot smoother if everyone just chose to play computer games.
Par for course for any successful product. Claim you invented it first, your bound to get something.
I’m against most of this kind of patent litigation crap, but there is a germ of truth in the Interlink complaint. They make a three-dimensional motion-sensing user interface that controls on-screen functionality. If you used this instead of a mouse in a FPS it would function a lot like the Wii controller.
Having said that, this could turn out to be frivolous. But at least Interlink is an actual company making real product and not just a holding company sitting on IP.
This is Wiitarded
But at least Interlink is an actual company making real product and not just a holding company sitting on IP.
I couldn’t agree more.
The patent’s independent claims all discuss “a housing for location at least partly between a first finger and a thumb of a user’s hand…a contoured step having a first face for generally providing a rest location for the first finger of the user’s hand…”.
US Patent 6,850,221
Do they own the rights to this remote control as well?
http://tinyurl.com/ycvqoq
If Nintendo needs any help locating prior art to bust this BS patent, look here:
http://www.gyration.com/en-US/Products.html
Gyration has been creating trigger-controlled gyration mice for several years, and I have owned mine for at lease two. I have no doubt that Interlink designed their patent completely to leech off of Gyration, but they found a bigger fish along the way.
11,
That could also mean that Gyration (we use one in our office, actually) has grounds for action.
#11
“That could also mean that Gyration …. has grounds for action.”
Wouldn’t Gyration’s option of action be to volunteer to compensate Interlink for the tremendous loss and horrible sufferings?
12,
If they can demonstrate prior use, then they’re the ones who have grounds for recompense.
I suppose.
But the idea was compelling and descriptive of my take on many of these kind of claims.
There should be some sort of preemptive process to avoid abuse of the patent system. For instance, Nintendo has been advertising their Wii systems remote control for at least 6 months prior to release. That is enough time for any potential infringement claims to be presented and considered before a product goes to market.
Compensation for patent infringement would be eliminated unless a company tried to circumvent the system. There would be less incentive to patent ideas with the intention of being a parasite.
15,
Now that’s not a bad idea.
I’m not yet about to add stupid patent tricks to the reasonably small Iist I maintain of actionable issues I support on either a national or international level.
But, with the proliferation of competent sources for geek goodies, nowadays, I can at least decide not to do business with companies that consider this crap a reasonable practice.
#15
“parasite”
Ah, the word I was looking for 😉
I have noticed Nintendo’s controllers are sold out most places. Maybe the best “move” for Interlink would have been to make a third party remote to offer the market instead of aspiring to be, eh, a parasite.
I spoke to the Gyration folks at last year’s Digital Life and mentioned that the Wii remote looks alot like their new mice. They said that Nintendo licensed their technology so proving prior art against Interlink should not open Nintendo to any legal repercussions.
woohoo !! time to use companies that actually make money!!
woohoo!! time to sue companies that acutally MAKE money
Haha, what a bunch of bull.
This is OBVIOUS abuse of the patent system and Interstink needs to be slapped. Seriously. If they had such a DEVISTATING loss surely they could have done something about it earlier. Like, six months ago?
It’s obvious they were just waiting so they could go “oh, poor us, we somehow lost business to meanie Nintendo even though our products are made for two completely different things!”
Video game controllers =/= boring buisiness-related devices. Case closed. You can all go home now!
I think I’ll go call Interlink and see if they’ll send me a new Wiimote.