Kotaku: anascape

Nintendo's Patent Case: The Unanswered Questions

Leigh Alexander — Tue, 22 Jul 2008 16:20:00 MDT

Earlier today, we learned that Nintendo had lost its bid for a new trial in the patent infringement suit brought against it by small Texas-based firm Anascape Ltd. Nintendo is ordered to pay $21 million to Anascape, who also named Microsoft and Sony in the same lawsuit — those two, however, opted earlier to settle out of court.

A ban on sales of all GameCube controllers - including GameCubes that come bundled with the infringing controllers — issued by U.S. District Judge Ron Clark is currently on hold while Nintendo appeals the verdict on the Federal level.

If the appeal fails, what are Nintendo's options, and what's the gaming giant saying about the case?

Not much. Nintendo's official comment is pretty limited; "Nintendo was already planning to appeal this case to the Federal Circuit court,'' said spokesman Charlie Scibetta. "The recent ruling by the trial court does not impact that decision."

In the event that the appeal fails, Nintendo has the option of posting bond or paying royalties to be placed in escrow, but citing pending litigation, a rep refused to answer any further questions on what routes Nintendo might take beyond the comment already issued.

The Nintendo Wii remote was found not to violate the patent as long as it's being used without the Wii's Classic controller, and the Nunchuk is exempt, as well.

But who is Texas-based Anascape? Nobody much, apparently. They seem to lack an official website, and even a WhitePages.com search reveals no such business listing in Tyler, Texas. It's an Ltd — Limited liability company — which means it could be simply an investment partnership and not a headquartered office at all.

According to Bloomberg, Anascape's attorney has said that the company wanted to enter the market, but that Nintendo "dogged the channel." When asked for comment, Nintendo also declined to respond to that allegation.

Nintendo Loses in Bid to Reduce Patent Infringe Penalty

Owen Good — Sun, 29 Jun 2008 08:00:00 MDT

You may recall that earlier in May, Nintendo was pinched to the tune of $21 million in a patent infringement suit brought by Texas-based Anascape. Upon further review, the play stands — a U.S. District Court judge denied Ninty's pretty-please to cut that $21 mil to a less lottoriffic number. So unless they want to take this up the ladder to a U.S. federal appeals court, they'll be cutting a check for that number.

Anascape sued back in 2006 and went for the kitchen sink, claiming Nintendo and Microsoft both infringed on controller designs they had patented. Microsoft settled with Anascape. The original suit against Nintendo covered everything from the Gamecube forward — the Wavebird and the Classic, plus the Wiimote and Nunchuk. The case decided in May found infringements only on the former two not the motion-sensing controls in the Wii. Still, $21 million is not pocket change.

Nintendo's Appeal on Reduced $21M Verdict Denied [QJ.net]

Nintendo Lose Patent Lawsuit, Owe $21 Million

Luke Plunkett — Wed, 14 May 2008 23:30:00 MDT

In 2006, a small Texan company by the name of Anascape Ltd. took Nintendo and Microsoft to court, claiming the pair had infringed on patents Anascape held relating to game controllers (presumably this one, filed in 2000, for a "3D controller with vibration"). While Microsoft decided to settle things out of court, Nintendo stuck to their guns, a move which has now cost them $21 million after a Federal jury ruled in Anascape's favour. The ruling applies to Nintendo's GameCube, Wavebird and Classic controllers (but not the Wii Remote or Nunchuk). Nintendo have said only that they plan to appeal, and that they expect the court to "significantly" reduce the amount of money they have to cough up.

[Associated Press]

Nintendo and Microsoft Sued Over Controller Patents

brownlee — Fri, 04 Aug 2006 09:40:55 MDT

Someone should just flush the entire patent system down the toilet: ultimately, patent disputes are as tedious as they are frivolous. And anytime companies get involved in a gaming-oriented patent dispute, it's usually bad for gamers.

For example, Anascape Ltd, a Texas-based company, is alleging that Nintendo and Microsoft are in breach of no less than twelve of their controller patents. What patents are they? Very precise ones, naturally: "Remote Controller with Analog Button", "3D Controller With Vibration" and "Game Controller with Analogue Pressure Sensor" are the peachiest examples.

Obviously, Anascape wants an assload of money. Let's hope this ends differently than the Immersion rumble fiasco... I don't want to lose analog on my controller. Florian Eckhardt

Microsoft, Nintendo sued over games controller [Inquirer]