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News - Sony Loses Patent Suit on Dual Shock Controller, round 4

Posted by Ron Kimberly at 09:27:57 PM EST on 3.13.2006.

According to today's Wall Street Journal, Sony has once again lost in their court battle with Immersion Corp. which started over four years ago. Immersion claims that Sony's Dual Shock/Dual Shock 2 controllers infringe on a patent they own, and the U.S. court system agrees (you can read more in our past articles here, here, and here). Since the last verdict, which declared Sony guilty, the case has been locked in the appeals process which Sony has just lost. This may mark the end of this whole debacle.

At the end of their last court hearing, Sony was ordered to pay nearly $91 million in damages. While they are still responsible for that amount, it has likely increased since the last verdict as the infringing equipment has remained available in stores since that time.

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luminous shadow 3.19.2006 at 12:51:02 PM
"Nintendo could push litigation on every single controller that has a control pad, since they have a patent on it. In addition to control sticks."

1)Nintendo did not create analog sticks. The first system with analog control was the Bally Astrocade, which is also the first console with four controller ports. People need to stop crediting Nintendo with everything.

2)Nintendo does own the copyright on the cross pad...which is exactly why no other competitor has a cross. The XBOX used a rounded pad with raised areas to represent left, right, up and down. The Playstation and PS2 use several buttons that are shaped like inverted semi-arrowheads. They are also compeltly seperated. Even the Genesis had a raised cross, and indented 4-way diagnol segments. Legally, if you alter (it is believed) eight things to a patented idea, then you can claim the idea for your own. If a copyright was so easily infringed, then the only automobile you drive, would be a Ford. The only PC's you would use, would be IBM's. All vacuum cleaners would be Hoovers...etc etc. Being the first, and having a patent, has no ability to incumber others who desire to expand upon that idea. As long as you aren't reselling the exact same thing, you can do it. And the reason why Logitech wasn't sued by Immersion, is because Logitech (like Microsoft, Nintendo, BMW etc etc) is a licensee of Immersion. Really this whole case seems bogus to me though. Immersion claims to have created this technology in 1995, but they're patent wasn't approved until 2000. Sony released the Dual Shock long before then. My earliest memory of the Dual Shock, was 1999, because that was when Ape Escape came out. However, the Dual Shock may be older than that. Didn't the Saturn 3D pad come out in 1997? Didn't Sony release the Dual Shock shortly after that?
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ttfp 3.15.2006 at 04:40:18 AM
But if Sony dragged it on for retail purposes, then lose the case, they'd still have to make the back-dated payments, right?
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pixy misao 3.14.2006 at 10:21:09 PM
"sirusd - 3.14.2006 at 02:29:01 AM
Immersion sued Nintendo, Microsoft, and Sony."

Nintendo wasn't sued.
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ninx 3.14.2006 at 03:48:16 PM
The only real reason Sony made an appeal was to drag it out for retail purposess clearly but they went ahead with paying "advanced royalties" to the guy who they were claiming is an ex-Immersion employer. Which the judge said made things unscrupulous basically. :no: sony.

Anyways, some of you guys cleared up some things in my head about the actual specifics in the matter, thanks.
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ttfp 3.14.2006 at 07:41:24 AM
Nintendo's rumble function comes from a single motor source (sorry for my bad terminology). The Dual Shock and Xbox controllers have a motor in each prong, I believe.
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mahew 3.14.2006 at 03:46:14 AM
Patents schmatents. All this infringing business is getting silly. How about they just made the same invention? Is Immersion Corp. even a real corporation, not just a lawsuit scavenger?
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windstar 3.14.2006 at 03:29:16 AM
First off, the PS Controller isn't what's under litigation. It's the technology behind the rumble feature built into the PS Controller.

If you really wanna get technical and nasty about it, however, Nintendo could push litigation on every single controller that has a control pad, since they have a patent on it. In addition to control sticks.

Nintendo's not involved in the litigation behind the rumble features. Nintendo's own rumble pack was invented and patented well before Immersion patented theirs. Not to mention, it's built and functions are different. Sony's and Microsoft's aren't (and this is where it gets technical, and a little asinine, how do you copyright the operation and procedure of an engine or motor).

Microsoft settled, and bought a portion of Immersion. Sony has been fighting to insist that they weren't infringing. Considering that the video game industry's system makers tend to copy themselves a lot (an especially pull from Nintendo and at one time, Sega). It's hard to say that they didn't intend this. But meh...
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sirusd 3.14.2006 at 02:29:01 AM
Immersion sued Nintendo, Microsoft, and Sony.

Nintendo settled first, then Microsoft. Sony was stupid.

One has to wonder why they didn't sue Logitech, Gravis, and every other company that copied the PS controllers.
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chocoboy 3.14.2006 at 12:32:02 AM
dswhore- I think Sony's principle argument was something like this: "We are a huge, rich multinational company... this little California based company can't sue us by virtue of our overwhelming size and more expensive lawyers."

I'm glad to see that the courts didn't buy it. Not that I have anything against Sony... I just dissaprove of their arrogance.
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a32 3.13.2006 at 11:59:46 PM
i guess this is what sony gets for the rootkit debacle.
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visual77 3.13.2006 at 10:52:01 PM
humble: I've heard that Nintendo is not named in these suits because the N64 rumblepack predates Immersion's technology, and the Gamecube controller is a more advanced version of the rumblepack.

As far as the Revolution thing, just because it has a similar function doesn't neccesarily mean it's a patent violation. They could've gone about completely different methods to produce the same results, and then Immersion has no case.
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humbleish 3.13.2006 at 10:46:38 PM
The patents in question (6,424,333 and 6,275,213) have nothing to do with the controller form or layout, but rather with the way the controller vibrates. Actually, if you look at the second patent (search for the patent number at http://patft.uspto.gov/netahtml/search-bool.html and click 'Images'), the interface they use to illustrate the technology looks more like a Power Glove than a standard controller.

Sony could have easily devised a new way to transmit feedback to the user without having to redesign the controller. I haven't looked into it, but Nintendo clearly isn't in violation of Immersion's patents, so it's entirely feasible to use different feedback technology in a small controller form factor.

Speaking of Nintendo, look at patent number 6,987,504 (also by Immersion): "An interface device for use with a computer that provides locative data to a computer for tracking a user manipulatable physical object and provides feedback to the user through output forces. The physical object is movable in multiple degrees of freedom and is tracked by sensors for sensing the location and orientation of the object."

That patent was filed more than 4 years ago, so obviously they didn't know about the Revolution controller at the time, but hopefully this won't lead to any more litigation if the Revolution controller provides force feedback.
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kryian 3.13.2006 at 10:45:00 PM
I highly doubt the Dual Shock 2 will be pulled from shelves. Provided all the proceedings are finished (verdict given and appeal squashed, but I'm sure there's still a lot of legal tape to mess with), Sony will probably just be forced in to a license agreement allowing them to continue to produce and market the DS2 controllers (side note: they're paying Microsoft to make their console, bwahaha).

Though, this does increase the likelyhood that the PS2 will cease production not long in to the PS3's lifespan.
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questworld 3.13.2006 at 10:43:38 PM
What does the shape of the PS3 controller have to do with the rumble technology inside?
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scottind 3.13.2006 at 10:27:44 PM
what does this mean for the current dualshock2 in the market? should i go out and buy a dualshock2 before theyre forced to remove it off the shelves?
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dswhore 3.13.2006 at 10:27:04 PM
So does that mean sony can't use the 2 analog sticks on controllers anymore?
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wellness 3.13.2006 at 10:07:30 PM
Well Sony at least can't be said to have went down without a fight over this issue.

But still, is the boomerang the BEST they could do?
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onacouch 3.13.2006 at 10:01:41 PM
What exactly is Sony's arguement?

They're infringing on patents that aren't there own. I don't see room for arguement here.
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ninx 3.13.2006 at 09:35:50 PM
Ouch, I think the hypothesis of the reason Sony went with the "Boomerang" is on point. Everyone should know that's the reason. I think Sony went about this the wrong way. Microsoft proved to be the smart fish (Microsoft even went on to purchase a good chunk of Immersion). I personally thought they would have gotten the appeal but looks to be more hurt for them.

They were the initially incorrect ones and now I don't know what they are going to do. I would love to see their next move as this is a really painfull decision. They messed up on this thing and I think it's really hurtful for them Immersion decided to sew fr. 2003..........then again if Immersion got their way earlier they would be in trouble from even 2004.

In the end Sony got away with the charge being just around 3% of what Immersion was initialy suing for, But the Backwards Compatability issue certainly is another issue for them.

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