US gov't investigating PS3's Blu-ray

Sony named in International Trade Commission inquiry into allegations of patent infringement on the console's light-emitting diodes.

In February, HD DVD creator Toshiba officially called an armistice in the high-definition video playback wars, saying it would cease production of its format standard and let it fade into obscurity alongside Sony's Betamax. While Toshiba's pullout defaulted the victory in the HD disc war to the Sony spearheaded Blu-ray Disc Association, skirmishes surrounding the format linger on.

The US International Trade Commission said this week that it will be launching a patent infringement investigation of "certain short-wavelength light emitting diodes, laser diodes, and products containing same." Parties named in the investigation include Blu-ray creator Sony, along with 30 other top electronics manufactures, including Nokia, Samsung, Sharp, Toshiba, Pioneer, and Hitachi.

The investigation stems from a complaint filed by Gertrude Neumark Rothschild on February 20. Rothschild claims diodes currently imported for use in "hand-held mobile devices, instrument panels, billboards, traffic lights, HD DVD players (e.g., Blu-ray Disc players), and data storage devices" infringe upon one of her patents, and thus are in violation of section 337 of the Tariff Act of 1930. As such, Rothschild is requesting that the US trade body issue exclusion and cease and desist orders to all companies named in the investigation.

Sony had not responded to requests for comment on the investigation as of press time.

774 Comments

  • insanitycheck3 Site moderator

    Posted Apr 14, 2008 3:32 pm PT

    looks like we're at a different stage

  • Unforgiven2870

    Posted Mar 26, 2008 12:25 am PT

    but this is different there's no way all these company's can actually get sued and just because she's some old lady with money and is probably running low unless she embezzle it her self.


    I don't think there is much merit,Hell if thats the case then companies should get sued for infringing on cellphone screens.lmao

  • MetalZombieII

    Posted Mar 26, 2008 12:17 am PT

    If it's true, she's allowed to stand up for her rights and she should be compensated appropriately. Do you know how often throughout history the person who originally invented something gets screwed and it's usually large companies that are guilty of doing it. If it is un-true this will just go away like it should, either way it has no effect on you or I, because Sony and everyone else involved will just pay her off, like they all have a thousand time before, when they have been nailed for copyright and patent infringement.

  • Unforgiven2870

    Posted Mar 25, 2008 11:57 pm PT

    I can tell you right now,this will get thrown out.

  • Jazzism

    Posted Mar 25, 2008 9:54 am PT

    "waaa waaa it's mine, miiinnneee, I'll show you."

    Someone is acting pretty selfish and is just trying to get an almighty buck from the big guys. She needs a timeout.

    I'm for Sony on this even though I don't like their business practices. But then they would be doing the same if the tables were turned only it would have been settled much sooner than the scenario we have now.

  • Proust

    Posted Mar 25, 2008 6:20 am PT

    Tom Magrino you have just won the coveted, and highly competitive, Most Missleading Gamespot Headline Award. Huuurahh, Wooohooom, Yippie. Congradulations. With a title like "US gov't investigating PS3's Blu-ray" you're future looks bright indeed.

  • Autolycus

    Posted Mar 25, 2008 6:12 am PT

    answer to Kratos_karmakar = Big Business

  • Dav_id83

    Posted Mar 25, 2008 5:06 am PT

    It taken him nearly a yr to file a lawsuit man America has a serious suing culture.

  • kratos_karmakar

    Posted Mar 24, 2008 11:22 pm PT

    u know wat?an investigation about diodes can only happen in the land of the free and the home of the ...............

  • lew_0911

    Posted Mar 24, 2008 3:50 pm PT

    Maybe the Blu-Ray is some alien technology that leaked out from Area 51 - death rays abound!

  • La_Rhonda

    Posted Mar 24, 2008 1:58 pm PT

    :loftus42

    the technology the she is suing for is only now being upgraded in those traffic lights, mobile devices, etc. it's not the same technology thats has been used for years in those products, but just now is being implemented in those devices. Only the devices that use the blue\violet LED's that she got the patent for.:

    Ah! Didn't know that.

  • Alf

    Posted Mar 24, 2008 12:18 pm PT

    Autolycus, have you ever heard of this words before? "Human Instrumentality Project", "mankind complementation/completion plan", "Human Enhancement Project" or "the Human Complementation Project".
    I better go and patent this terms, ideals and alike ASAP!!!

  • Phazevariance

    Posted Mar 24, 2008 12:09 pm PT

    How does this have anything to do with my now useless HDDVD player sitting in my living room?

  • HailToTheGun

    Posted Mar 24, 2008 11:30 am PT

    Someone allowed this nutjob to patent?

  • Autolycus

    Posted Mar 24, 2008 11:00 am PT

    this woman is part of a group of people called the BILDERBURG group. They believe, based on EUGENICS, that they are superior to the human race and that EVERYONE not part of the Globalist elite was born to be a slave to them (including sony executives). The group has IMMENSE power through the WORLD and because of that, she'll win. mark my words.

  • thegame1980

    Posted Mar 24, 2008 10:58 am PT

    She isn't going to win.

  • WeMakinBacon

    Posted Mar 24, 2008 10:43 am PT

    Boo hoo

  • grigjd3

    Posted Mar 24, 2008 10:41 am PT

    The person's just looking for a settlement. If this has a real basis, Sony and the others will settle out of court and move on. If it's a load of crap, they'll get it thrown out of court.

  • dmish82

    Posted Mar 24, 2008 10:28 am PT

    Another day, another lawsuit...

  • Get_Shorty

    Posted Mar 24, 2008 10:25 am PT

    Looks like Sony will have to pay licensing fees to keep using Blu-Rays

  • flavort

    Posted Mar 24, 2008 10:12 am PT

    I dont care.

  • betatester

    Posted Mar 24, 2008 10:03 am PT

    they're just fishing for a settlement and then this will be done with

  • drgrady

    Posted Mar 24, 2008 9:47 am PT

    YourDaddy88: Patents like these can last 20 years from the date of filing, so her patents will expire late this year. Design patents only last for 14 years from the date they are granted, but those are much less common and only cover the asthetic design.

  • drgrady

    Posted Mar 24, 2008 9:43 am PT

    @tonicmole: It is not just the patent office's responsibility. Sony is large enough that they have many patent lawyers whose only jobs are to ensure that this sort of thing does not happen. Plus, the patent office can only reject Sony from filing a comparable patent in the US. Sony can still get similar patents in other countries unless Rothschild already has the patent in those countries as well. Furthermore, Sony and these other companies can manufacture the diodes without ever applying for a patent, so the patent office can not prevent such things from happening.

    From what I understand, Rothschild only has the patents for the US which means that these companies can use her methods for manufacturing the diodes as long as they do not sell them in the US, or they need to pay her if they are going to sell in the US.

  • BringTheBlood

    Posted Mar 24, 2008 9:32 am PT

    aaand she is just now bringing this up why? it should have been brought up a while ago. shes doing it now cause blu-ray won the war, real nice lady.

  • YourDaddy88

    Posted Mar 24, 2008 9:28 am PT

    Dont patents expire after 10 years? Maybe longer?

  • YourDaddy88

    Posted Mar 24, 2008 9:27 am PT

    Is this woman serious?

  • anyjabroni

    Posted Mar 24, 2008 9:21 am PT

    They will just throw some cash at her, she'll shut up and everyone will go about their own business.

  • drgrady

    Posted Mar 24, 2008 8:54 am PT

    @AngelCage: The lawsuit has nothing to do with the fact that these companies are making the diodes but that they are using a process that she invented to make them. Her patents were originally filed back in 1988 (check out patent #s 4,904,618 and 5,252,499 for more information). My only real question is why such a lawsuit was not filed much earlier. From what I see, her first lawsuit for infringment on these patents was filed in 2005 against Philips Lumileds, and Philips reached a settlement with her already. I also do not know if she gets anything from such a settlement considering she was a Columbia University professor when the patents were filed. Some universities require full rights to anything developed by their professors, but I do not know the terms of any agreements that she has with the university.

  • jord121290

    Posted Mar 24, 2008 8:53 am PT

    Urm, one person vs. 30 of the world's largest and most powerful electronics companies...I wonder who's likely to win this one? (sarc)

  • Goblin-987

    Posted Mar 24, 2008 8:47 am PT

    We can definitely expect delays on so many releases now because of this.....

  • oscar530

    Posted Mar 24, 2008 8:43 am PT

    i don't get it....this is bad for Sony right?

  • Anamosa41

    Posted Mar 24, 2008 8:41 am PT

    Hhhhhhhmmmmmmm. IDK what to say.

  • locoidontknow

    Posted Mar 24, 2008 8:41 am PT

    You smell that? I do. That smells awful. Smells alot like BS to me.

  • dbzfreak

    Posted Mar 24, 2008 8:15 am PT

    I think this whole thing is a load of garbage.

  • athenian29

    Posted Mar 24, 2008 8:02 am PT

    Ugh, more red tape. I swear, if it's not a format war it's a patent infringement. The same thing happened a few years ago with the rumble motors in the DualShock 2 controller, so now what?

    Oh, and helios515? I sincerely doubt it.

  • helios515

    Posted Mar 24, 2008 7:57 am PT

    does this mean the price of a PS3 will go up?

  • Timmy_Gwar

    Posted Mar 24, 2008 7:47 am PT

    Dont you just love the smell of BS in the morning, I mean, cease and desist? Why hasn't Rothschild just cashed in and let things be?

  • berkner_ram77

    Posted Mar 24, 2008 7:41 am PT

    Sue, Sue, Sue is just about all anyone does anymore.

  • nvfigueiredo

    Posted Mar 24, 2008 7:30 am PT

    In case anyone is interested, I suggest reading Michael Crichton's novel "Next".

    Although a little weak as a techno thriller, it explains a lot about how patents are being (ab)used by companies and universities (the romance is about gene research).

  • Irve

    Posted Mar 24, 2008 7:28 am PT

    another pointless lawsuit ... i'm sure there is very little in it ...and anyway look what sony did to immersion .. that took years to resolve !! Blu ray will be dead and buried long before this finishes if they have a case

  • AngelCage posted Mar 24, 2008 7:17 am PT (does not meet display criteria. login to show)

    AngelCage

    Posted Mar 24, 2008 7:17 am PT (hide)

    @markharris31

    For any of those complaining about frivolous lawsuits, this is as far from that as you can possibly get. Next time you invent something and patent it, I'm sure you'll be perfectly happy to let any and all companies/persons use that technology for free, right?
    .-.-.-.-.-.-.-.-.-.-.-.-.-.-

    Yeah, if you REALLY invented something and someone steal/use your invention without your autorization you HAVE TO lawsuit that person/group... but if you only IMAGINE something, if you fill a patent about some vage idea you have the last nigth, a idea so common and natural, a idea with millions of potential present/past uses, a idea wich currently is already in use, but noone in the world had a patent about it cause is so natural and maybe the only way to make something (short wavelength ligth emiting diodes... what a genius) you should not be abble to sue noone for that.

    If you can show me a finished product / beta product / concept product mady by Gertrude Neumark Rothschild BEFORE the very first use -even experimental, not in a finished product- of the short wavelength ligth emiting diodes crap, then i will eat my words and call myself a morron

    Even more, a lot of these lawsuits rest in some not-so-specific patents. Saying things like "Diode of short wavelength" isn't a very clear description and in the fact every single modern optical media device can fall in that description... and every future laser media device will fall too.

    If these lawsuits are correct, The family of Julio Verne should sue NASA, US MARINE and a lot of private companies for things like submarines, travels to the moon and some more...

    If still are survivors of Leonardo Davinchi's bloodline they should sue the same companies... and sue the family of julio verne too.

    Maybe i should fill a patent record about "A vehicle of some sort, with a computer managed fuel injection system or a Air natural carburated fuel injection system, with 2,3, 4 or even more wheels; wich use mineral fosil derived fuel or a mixture of fosil fuel with natural fuel. the vehicle have some disc brakind devices mounted in every wheel, with an hidraulic system wich in response to a pressure from the user (know since now as DRIVER) in a pedal will make some kind of oil be pumped from a master cilinder, to secondary cilinders mounted in the brake discs ans make a coulple of metal things presure the discs making the vehicle slow down.

    The vehicle will have a AC power system bult in and thanks to that you will can use a radio, dvd players, computes, videogame systems, vacuums and all kind of electrical third party devices"


    Hummm i should fill that patent and then id a coulple of years, sue Ford motor company first for stel my idea when they make the very first car that fall under that description and then i will start a sue campain and make Toyota, ford, crysler, ferrary, yamaha and every single automotor company in the world... every company but not mitsubishi motor Company, cause i just LOVE my eclipse.... i will forgive them.


    Sounds very stupid rigth???? but to me a "short wavelength light emiter diode" lawsuit is even more stupid.

  • joey4uncw

    Posted Mar 24, 2008 7:04 am PT

    This is a pretty common thing. Companies try to and sometimes succed in filng a patent with slight alterations to try and escape paying for the items they use and sometimes they get caught it seems as though Sony has been caught a few times here in the last few years with it's hand in the cookie jar. We'll see what comes from this.

  • Yuck_Too posted Mar 24, 2008 6:45 am PT (does not meet display criteria. login to show)

    Yuck_Too

    Posted Mar 24, 2008 6:45 am PT (hide)

    Patent law is bunk.

    Doesn't matter who "thought" of the idea first. Take it to market and make it successful or your "thought" ain't worth squat.

  • tonicmole

    Posted Mar 24, 2008 6:13 am PT

    Inventors have to do this sort of thing all the time. Did you know that a cigarette pack is patented by one guy and all companies have to pay him. Rumble in controllers is the same way. This is not some hostile action, the lady is just filing to get money for her patent. I bet Sony would not let her use one of there patents for free. There is also no way for Sony to have known this lady had this patent. It is actually the patent offices fault for letting it pass, when sony and who ever else submitted it.

  • TryMe01 posted Mar 24, 2008 5:38 am PT (does not meet display criteria. login to show)

    TryMe01

    Posted Mar 24, 2008 5:38 am PT (hide)

    I have never heard of anything more stupid and idotic in regards to patents and laws. Greed doesn't come close to describing this.

  • BradW92

    Posted Mar 24, 2008 5:30 am PT

    Well if they infringed copyright then they wil get what they deserve at the end of the day

  • markharris31

    Posted Mar 24, 2008 5:26 am PT

    For any of those complaining about frivolous lawsuits, this is as far from that as you can possibly get. Next time you invent something and patent it, I'm sure you'll be perfectly happy to let any and all companies/persons use that technology for free, right?

    Oh, and btw, it is NOT the patent owner's responsibility to find any and all external applications of their technology at any given moment. It is the responsibility of those who use the technology, be it a company or person, to investigate whether or not they are using patented technology and then offer compensation to the patent holder. Therefore, if you have a patent, and someone uses that technology without licensing it from you, you have every right to sue for compensation when you discover this unlicensed use.

  • rpgisforme

    Posted Mar 24, 2008 5:16 am PT

    you don't get rich by creating something good anymore, you get rich by creating something good and then suing when someone tries to use it, lol. It's such a sad, sad state the world is in...

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