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Sony slapped with another patent suit

Semiconductor company Agere Systems claims electronics giant's gaming systems, other tech products infringe on a number of its patents.

Sony has been having some trouble with patent disputes of late. In March 2005, Immersion Corporation won its lawsuit claiming that Sony's DualShock PlayStation and PlayStation 2 controllers infringed on its force-feedback patents. A judge ordered Sony to pay more than $90 million in damages, and earlier this year denied an attempt from the electronics giant to have the decision overturned.

Now Sony's in the middle of another patent fight, this one brought against the company by Pennsylvania-based Agere Systems. According to court documents, Agere (which has a pair of offices in Texas) has filed suit against Sony and a number of its divisions for willful infringement of eight patents in a number of its products, including the PSP, PlayStation 2, and based on announced specifications, the PlayStation 3. Sony VAIO computers, Handycams, Walkman players, Memory Stick Duos, and Location Free TV are also named as infringing offerings on some of the patents. The patents in question run from a "wireless local area network apparatus" to "barrier layer treatments for tungsten plug."

Agere is asking that each branch of Sony be made to provide an accounting of all gains made through their alleged infringements, and that the company be awarded damages to adequately compensate it based on those figures. Agere also claims that Sony knew about the patents and willfully infringed on them, so it is asking the courts to boost the damages awarded as much as three times what it would have been otherwise.

In its defense, Sony has denied all claims of infringement. It is arguing that it actually has the rights to use seven of the eight patents through a 1989 cross-licensing deal with AT&T and Lucent (whose microelectronics group eventually became Agere Systems). Sony also contends that some of the patents (including the one it doesn't claim a right to use) were not properly obtained because Agere omitted important information when it filed for them. Finally, Sony believes the patents in question are invalid anyway, and has asked the judge to declare them as such.

Agere denied Sony's counterclaims last month and has issued a demand for a jury trial.

181 Comments

  • TimADugan

    Posted Jul 20, 2006 8:42 am GMT

    The triple damages are statutory. If they can prove that Sony intentionally stole their patents, the statute provides for triple damages. The only way Agere would be doing this just to get a piece of Sony is if their argument about intentionally stealing their patents is an amazing leap of logic. BTW, does anyone actually know their argument on this issue?

  • TimADugan

    Posted Jul 20, 2006 8:39 am GMT

    "The fact that Agere is calling for a jury trial means they're confident in their case against Sony."

    Right, because I've never heard of a lawyer using anything as part of their legal strategy . . . Honestly, the jury demand is just a line at the end of the complaint, they're probably still looking for a settlement because the trial would cost too much, and you never know the outcome of a jury trial.

  • bobskutter

    Posted Jul 17, 2006 9:09 pm GMT

    too bad that sony sucks the big one...always has and always will. toshiba saved sony's handicapped but soooo many times by using their own parts in sony products. for years all the best sony products were some how toshiba involved trinitron tv's had toshiba parts. not that toshiba has left (thank god) they will fall and i will laugh at them. I hope sony dies the greatest death ever and all these lawsuits should go through cuz sony was, is, and always will be crooks!

  • SpareJesus

    Posted Jul 17, 2006 5:46 pm GMT

    Hrm, another Sony lawsuit? They're getting it in the neck lately..not that it'd totally effect them just yet.

  • e_boulanger

    Posted Jul 17, 2006 3:12 pm GMT

    If Sony stole the patents without paying for it, they have to pay. The only thing really shocking, is that anybody could write a patent (and they are mostly incomplete, if you ever saw one) and claim that a company stole it a few years. As long as this person have a lawyer that is willing to charge with a %, this person has nothing to lose in the lawsuit.

    Something is rotten in our society (from both point of view).

  • bwgamer

    Posted Jul 17, 2006 1:09 pm GMT

    If any of these patents delays or affects the PS3 or any other product that deals with gaming I'll sue Sony and Agere for personal distress, lol!!!!!!!

  • TorugotoShinsan

    Posted Jul 17, 2006 7:59 am GMT

    Stuff like this happens every day to companies like Sony and Microsoft. Most litigation is too far fetched for the claimants to win. In the rare even that the company is successfully sued, $90million is like pocket change to both companies.

  • chrisdojo

    Posted Jul 17, 2006 5:18 am GMT

    i guess sony's copying is finally catching up to them.

  • messin18

    Posted Jul 17, 2006 1:39 am GMT

    This is a disturbing pattern of Sony stealing patented technology knowingly and not paying the patent owners because they can get away with it.

    "tax authority claims that Sony owes about 27.9 billion (over $244 million) in additional taxes"

    "PlayStation 2 controllers infringed on its force-feedback patents. A judge ordered Sony to pay more than $90 million in damages"

    And now this?

    pretty shady for Sony and it's not going to help the stock price.

  • reubendarosa

    Posted Jul 16, 2006 6:16 pm GMT

    lol sony is always having these problems, meh they should be fine.

  • Bio_Spark

    Posted Jul 16, 2006 12:52 pm GMT

    *Insert Fanboy "ZOMG Sony stole an idea!" joke here*

    "wireless local area network apparatus" to "barrier layer treatments for tungsten plugs?" That seems a bit to broad to base a case upon, Sony fans have little to worry about. These technologies are in use all over the place.

  • paulyfknt

    Posted Jul 16, 2006 7:41 am GMT

    i sawre if this some how effects the launch of the ps3 im gon na have to choke a ****


    i want my ps3!!!!!

  • domino1980

    Posted Jul 16, 2006 4:22 am GMT

    i think this 'kick sony in the nutts' is getting abit old guys , maybe older than some of the people on the this pannel. i love sony products they havent done me wrong they are better built then other electrical products. out of all you sony "BALL-BASHERS" how many of you / or your family have owned one of thier products ( TV'S, VCRS , Sound systems) i have heaps 8 or 9 ( i think) & i have had no problems at all. So what problems do you have with them apart from that they seem to kick the asses of YOUR favorite company !

    oh & a little note to think about here in australia since the ps2 has dropped under AD$200 it has sold more then the XBOX 360 by heaps .
    quoting playstation 2 official mag for australia (issue 56 august 2006 page 11) it says : " The ps2 price slash has given a massive boost to the sales of the all-conquering console. According to GfK sales data ps2 sales rose dramatically after the drop below $200, eclipsing the new XBOX 360 by a huge margin" .

    so people what do you think ? i was in a room with aprox 50 people watching some E3 trailers & some questions were thrown around the room people were asked "how many people intended to buy the ps3 " 12 people said yes " how many people intended tho buy the XBOX 360 before christmas " about 5 people re-acted " how many people own the XBOX 360 " 6 people responded " how many of you buyers are satisfied with it " only 2 put their hands up .(& when i mention about ps3 & XBOX 360 we were talking about the premium packages)
    the XBOX 360's biggest problem is lask of games or different types of games.
    but most of the questions were asked about the WII.
    i have been told that a few people have enquired already about the XBOX 360's trade in value !!!
    all sony ps3 fans hang in there , sony will come through & mircosoft / XBOX lovers trade in now & put a deposit on a ps3 !!!

  • domino1980

    Posted Jul 16, 2006 4:14 am GMT

    [This message was deleted at the request of the original poster]

  • ozjin4

    Posted Jul 15, 2006 9:18 pm GMT

    This was posted on the 06 Mar 2006, good thing i m not paying for this news service...

    http://www.patenthawk.com/blog/archives/2006/03/agere_shoots.html

    And according to court documents filed... in which court?

  • ssjtrunks6

    Posted Jul 15, 2006 4:59 pm GMT

    Sony is right, I know some people that are just out to try to put sony down, and they dont even own a sony product, so sony should just see them as invalid..they are alot of fakers out there, and they will fail to put sony out of the market, people just cant help but ot whine all the time over small things, and still so many people still dont get the point that they cant do anything to stop sony, even after they keep trying and trying sony is unstoppable...why cant they just get that through their head...stop acting like you are perfect because your not, appearently you are not suited for electronics.. so start improvising.

  • yixingtpot

    Posted Jul 15, 2006 11:59 am GMT

    if you don't like Sony, good luck playing the Agere patent ball suck machine quick buck sue blow.

  • Andron666

    Posted Jul 15, 2006 7:40 am GMT

    This is just big business. Microsoft, Sony and other big companies get sued because they have a lot of money.

    This should be settled in or out of court and probably won't affect much..

  • muscarella_jc

    Posted Jul 15, 2006 6:19 am GMT

    Morons, all of you people are morons. I HATE SONY, THEY COPY EVERYTHING! I HATE MICROSOFT, THEY'RE CONSOLE SUCKS! I HATE NINTENDO, THEY MARKET TOWARDS CHILDREN. There's always something, always a problem with whatever company. Get out of your damn house and go outside once in a while. Fanboyism is a product of scum, and shows a strong sense of bias, which ultimately leads to stupidity. Like a bunch of money grubbing politicians, you're all biased and don't give a crap about other consoles than the one you own, even if the system you own sucks or the games you own suck. Seriously, get a damn life first and then form an intelligent opinion.

  • mitojee

    Posted Jul 15, 2006 3:59 am GMT

    well ihad many sony electronics and they were the best in their class it would be sad to see such great company go bankrupt

  • kells77

    Posted Jul 15, 2006 3:19 am GMT

    this just proves how teh PS3 is going to be amazing, everyone wants a peice, and the Playstation name is the only reason sony still existis. every other department is losing money so lets hopr the PS3 prevails, and i see no reason it wont. its not like there is any other console that comes even close .

  • anamnawshad

    Posted Jul 15, 2006 1:46 am GMT

    LOL! More bad news for Sony........
    I feel bad for their ***** execs.......

  • SmashBrosLegend

    Posted Jul 14, 2006 9:48 pm GMT

    there has been nothing but bad news for sony lately... i hope this is good news for the wii. i'd hate to see sony go down because the ps1 (not ps2) was so awesome, but i'd rather see nintendo win.

  • Just_Desert

    Posted Jul 14, 2006 8:02 pm GMT

    Pennsylvania based... That says it all right there. I think this company is just looking for some cash. Have technology and PA ever mixed? Maybe when PA had an industry. In the northeast part of the state where I came from there was pretty much nothing.

  • Enigma2K99

    Posted Jul 14, 2006 6:50 pm GMT

    Oh for s'kcuf sake!!! Wether you applaud this or not,

    Agere also claims that Sony knew about the patents and willfully infringed on them, so it is asking the courts to boost the damages awarded as much as three times what it would have been otherwise.

    ... that right there proves the obvious! They're just after Sony's money!!

  • chromega

    Posted Jul 14, 2006 6:13 pm GMT

    I agree with Fiskmasen. If Sony were ever to go bankrupt and bow out of the console wars, I can imagine the gaming community suffering, whether you have an XBOX or a Wii.

  • terraforce990

    Posted Jul 14, 2006 3:06 pm GMT

    again

  • bigpimppapa

    Posted Jul 14, 2006 2:52 pm GMT

    [This message was deleted at the request of a moderator or administrator]

  • a-tek

    Posted Jul 14, 2006 2:41 pm GMT

    Who's even heard of Agere Tech? Sony's Japanese, so they wouldn't know care about a little company somewhere in Texas. It's the blame game and Sony's the target. Why doesn't Immersion sue Nintendo, they might be copying the TouchSense!

  • Seymour47

    Posted Jul 14, 2006 2:36 pm GMT

    I wonder if anyone has ever brought a paternity suit against Sony. Hmmm.....

  • DrKill09

    Posted Jul 14, 2006 2:06 pm GMT

    Sony are pretty screwed. They have made some REALLY stupid moves.

  • Ardor_Tori

    Posted Jul 14, 2006 2:04 pm GMT

    I guess I shouldn't be surprised to see MS fanboys cheering over this. I'm honestly just surprised that people are so childish. I mean of all the things to be concerned about and the limited number to be genuenly happy for people are focusing on how it makes them happy to see Sony in trouble. Just get a life kids. Quit laughing at people's missfourtunes and for God's sake quit thinking that the game console you own makes you cool. Xbox, PS, Nintendo, it doesn't matter, they're just objects, they have no bearing on your social status. If you base your life around your favorite console then you really need to take some time and look at your life.

  • Scarabus

    Posted Jul 14, 2006 1:40 pm GMT

    More Sony lawsuits = Less PS3 pricedrops. Oh noes!

  • brantothehizzam

    Posted Jul 14, 2006 12:50 pm GMT

    sony really needs to stop pissing people off
    they're pouring money into ps3 getting ready for release and getting sued all the time idk if they'll have enough money to make up for thier losses [what am i talking about they have plenty of money]

  • comthitnuong

    Posted Jul 14, 2006 12:44 pm GMT

    this is not very good for sony

  • mike_mgoblue

    Posted Jul 14, 2006 12:37 pm GMT

    Yet another step in the Sony's failure!

    Reasons like this are why articles are written about Sony Corporation that say, "From first to worst."

  • rivasx

    Posted Jul 14, 2006 12:25 pm GMT

    Aight this is gettin retarded now doesn't any one of these Sony haters have anything else to do but to sit there and think of ways to HATE or Sue Sony. Don't complain about things or products you have in your own home and bought on your own. Sony didn't stick a gun to your heads and tell you buy my cd or dvds or tvs or dvd players or cd players or cameras or headphones or you get the point. Sony haters get a life you just sound like little girls in school whining about how some else has the toy you want but you were to lazy or retarded to get yourself.

  • Fiskmasen

    Posted Jul 14, 2006 12:18 pm GMT

    How many of you guys (MS fanboys that claims this is great), has thought of the future in gaming? 2 companies isn't enough to hold the gaming world on it's shoulders (it's been proven before), and if Sony goes bankrupt (which they wont, this suit is too far fetched), the whole gaming community will suffer. And, BAM, you'll pay 80$ for a game to your treachured 360.
    THINK!

  • faizali86

    Posted Jul 14, 2006 11:53 am GMT

    sony is dying

  • Shtinky

    Posted Jul 14, 2006 11:27 am GMT

    would be nice if sony actually win one for ONCE!

  • Sir_Sleepsalot

    Posted Jul 14, 2006 11:02 am GMT

    Sony takes another slap!

    Almost too painful to watch...

  • gothicdragon216

    Posted Jul 14, 2006 10:48 am GMT

    "Sony's income comes most from the gaming system(ps3, ps2, & psp). "

    wrong. Most of their money comes from home entertainment electronics (T.V.s VCRs/DVDs etc) and from their record company. Gaming for them (like microsoft) isn't the highest on their priority list. how many other companies have 1080p tvs? 0, and that's where sony get's their money.

  • burns112233

    Posted Jul 14, 2006 10:43 am GMT

    Again!!! How many is this already like the 500th time just give me my Ps3 and everything will be cool

  • iliyun

    Posted Jul 14, 2006 10:24 am GMT

    Yet again we see Sony getting sued for stealing someone ELSE's idea and or not getting proper authorization. it's happened so many times it's almost a Corporate Culture for Sony. a culture lead by .....hmmmm KEN KUTARAGI !!!!!!! and his infamous ps3 *Motion* controller !!!!!!

  • Bored1ed

    Posted Jul 14, 2006 10:02 am GMT

    Actually they'll become what Sega is.

  • xbox360istruth

    Posted Jul 14, 2006 10:01 am GMT

    Sony had to borrow $698 million that in it self is bad news. The last thing sony need now is a law suit. The next thing I know they will be borrowing from microsoft

  • Bored1ed

    Posted Jul 14, 2006 9:24 am GMT

    BURN!

    Bad-2...you have no idea what your talking about and its quite entertaining.

  • Bad-2

    Posted Jul 14, 2006 9:19 am GMT

    If you guys go to agere website, they are currently developing a 90nanometer microchip which is similar specs to PS3 cell chip, if you ask me agere is a money leaching company. Since sony didnt pay in their last lawsuit since its just a controller, agere figured that if they sue Sony for their system, Sony wont have any choice but to pay up since Sony's income comes most from the gaming system(ps3, ps2, & psp). Also if Agere had the original idea for the specs of ps2,ps3 and psp...why didnt they implement it themselves!? thats because Sony is being the talk of the street losing the lawsuit and figured we might win as well......

    if you think about it why hasnt agere file a law suit on nokia or any cell phone producers(well its because they are small company...no money!!)

    dont believe in anything a company says for all business, all they want is MONEY!!!!!

  • rokkuman09

    Posted Jul 14, 2006 9:03 am GMT

    one word PWNED

  • sasuke55

    Posted Jul 14, 2006 8:58 am GMT

    I dont want them to go bankrupt. I mean I won't buy a PS3 cause its too high and it doesn't have many things that attract me. But we need them around for competition. Its better for consumers.

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