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Nintendo loses controller case

Anascape trial jury finds Mario Factory infringed on patents, levies $21 million fine.

Back in August 2006, Texas-based gaming company Anascape filed suits for patent infringement against both Microsoft and Nintendo.

Almost two years later, an East Texas jury has found in favour of Anascape and ordered Nintendo of America to cough up $21 million, reports the Associated Press. The jury agreed that Nintendo infringed upon one of Anascape's patents in the designs of its Wii Classic, Wavebird, and GameCube controllers.

Nintendo spokesperson Charlie Scibetta said that the company would appeal and that it was expecting the award to be "significantly reduced." He added that the company was pleased that no infringement had been found for the Wii Remote and Nunchuk controllers.

According to the AP, which sources local newspaper The Lufkin Daily News, Anascape's suit against Microsoft was settled out of court before the Nintendo trial, although terms of the settlement were not made public.

148 Comments

  • VelociBlade

    Posted Nov 28, 2008 11:56 am GMT

    Anascape is a fake gaming company. See my blog about it here, it explains most of everything and shows how nintendo and microsoft could have won it. Personally, I think the jury was bribed.

    http://www.gamespot.com/users/VelociBlade/show_blog_entry.php?topic_id=m-100-25492453

  • Frankie123457

    Posted Jul 26, 2008 10:55 pm GMT

    It's been like two months now, does anyone know when the controllers will be banned, or when Nintendo's appeal is (sorry if I sound stupid, I know very little about law)?

  • manwhowins

    Posted Jul 23, 2008 7:53 pm GMT

    Who the hell is Anascape?

  • Minty646

    Posted Jul 22, 2008 11:01 pm GMT

    who the heck is anascape? maybe if they actually did something useful with their "patent" everyone wouldnt hate them. boo, down with useless gaming companies

  • Broken_luck12

    Posted Jul 22, 2008 9:23 pm GMT

    Wait a sec...They're suing Nintendo, for a controller that was made in 2001, 7 years later?! If it was 'copyright infringement' then it would've happened a long time ago...

  • kavadias1981

    Posted May 18, 2008 7:29 am GMT

    Nintendo would make better use of $21 million, leave it with them you fools. By the way did any one else in the UK see that documentary a few days ago on super obese Texans? Just thought I would mention that.

  • Pepsi-KFC

    Posted May 18, 2008 6:39 am GMT

    Poor Nintendo, they practically made gaming what it is today, thay are by far the most originall of all gaming companies yet certain people just arn't happy with Nintendo's success.

  • bionisam

    Posted May 17, 2008 4:40 pm GMT

    So, the patent being infringed upon is this:

    "A hand operated controller or converter structured for allowing hand inputs to be converted or translated into electrical outputs, the controller structured with a plate or platform moveable relative to a base or housing about two mutually perpendicular axes generally parallel to the platform to effect a plurality of sensors for defining output signal(s)based on movement of the platform. The sensors each have an electrically active activator spatially separated from an electric contact surface. A tactile feedback motor with shaft and offset weight is mounted as a component of the controller for providing vibration to be felt by a hand operating the controller. In some embodiments the sensors are pressure sensitive variable output sensors."

    So, how is it that the Wiimotes escape this, but the non-motion sensitive GC and classic controllers are the ones infringing? The only thing I see there that applys to the GC controller is the rumble thing.

  • rarson

    Posted May 17, 2008 1:10 am GMT

    For anyone looknig to post long links, just use tinyurl (www.tinyurl.com).

    Patents and copyrights are proving themselves obsolete as they are abused more and more to satiate the greed of corporations. Eventually, either no one will actually innovate anymore because of fear of being sued, or people will wise up and realize the system is broken and scrap the thing to start all over again. I mean why would a copyright holder need to retain those rights for decades after they are dead? These concepts exist to protect the inventor, but like everything else, someone has figured out how to abuse it and the people who are ACTUALLY MAKING PRODUCTS that incorporate these patents are the ones who are suffering. It's absolutely insane!

    I find it hilariously absurd how the world is slowly reversing the way it works. Like the way the Fed constantly devalues the dollar by maintaining steady deflation. Dollars used to be backed by gold, but bankers continually find new ways to obfuscate the real value of money so that they can create more of it without people catching on. Heck, most money these days doesn't even exist in paper form, it's just data being shifted around on computers.

    Eh, sorry to get off on a rant, but things like this serve as a constant reminder to how screwed up the world has become, and continues to become. I really feel sorry for you younger guys, our previous generations really screwed us all (Enron, anyone?).

  • lostn

    Posted May 16, 2008 5:54 pm GMT

    $21 million isn't much. If they sold as many units as the PS2 did, they'd be paying over $100 million for the infringement.

    I like how these patent squatters like to wait until the product has sold all that it can sell before filing their suit. They know that the earlier they do it, the less they can demand. I get a feeling in a few years, someone will sue Sony for more infringements on PS2. Now is not the right time yet, since there's still potential.

  • MischiefmAker

    Posted May 16, 2008 1:03 pm GMT

    For those who are still wondering about the patent, I linked an article with more details in an earlier post that itself contained a link to the patent (which has an obnoxiously long URL) and a link to another article about where this lawsuit took place. To quote directly:

    "The Eastern District of Texas, where the suit played out, has earned a reputation for speedy trials and plaintiff-friendly juries, consequently drawing more patent lawsuits than most other jurisdictions."

    And, I guess if you don't feel like digging to find my last post: http://www.news.com/8301-10784_3-9944881-7.html

  • Leick3

    Posted May 16, 2008 12:51 pm GMT

    i wish they would say exactly what the patent was for. And how much microsoft had to pay lol. With all the revenue nintendo is bringing in this barely even matters

  • abephroman

    Posted May 16, 2008 11:23 am GMT

    I love how everyone jumps to Nintendo's defense.

  • zorn99

    Posted May 16, 2008 11:10 am GMT

    One of the worst cases of awarding a patenti for the obvious is the online shopping cart.

  • BtmnHatesRbn

    Posted May 16, 2008 9:42 am GMT

    Companies like this need to just go away. However, if I was Nintendo, I'd just buy 'em, act like I give a damn about what they do, then shut them down and fire everybody, oh, and sue them back for patent infringement. Nya, nya!

  • sieg6529

    Posted May 16, 2008 8:14 am GMT

    the problem is that patent applications are so generic and cover many variations on the same design, and no proof of functioning prototypes is requires.

  • Phazevariance

    Posted May 16, 2008 8:07 am GMT

    So what exactly was infringed on.. did they patent the "plus" shape of the d-pad? Did they patent anything that wasn't on the SNES controller? I don't get it. ... why hasn't anyone patented breathing yet, and sued the world and all of it's species?

  • Jazzism

    Posted May 16, 2008 7:42 am GMT

    Yeah patent the most generic thing you can and you'd score hordes of cash. Look at the Blackberry patent fight about email security and sending over the internet. They are BS companies. I believe the patent rules must be revised in the US. If a company doesn't utilize the patent within 5 years it goes public domain otherwise they maintain the patent protection as it is.

  • Geek12

    Posted May 16, 2008 4:28 am GMT

    Go away anascape. You and Jack.

  • 0201693

    Posted May 16, 2008 1:21 am GMT

    Even if it doesn't get appealed, its just like a small allowance from nintendo to those texas brats. However does anyone find it suspicious since sony's infringement case that more are cases are comming out?

  • adecoy95

    Posted May 16, 2008 12:16 am GMT

    the company wont see anything even resembling money from nentendo for at least 15 years. it will be appealed to death, in fact, i wouldent be suprised in the least if the money is never given

  • destrozz

    Posted May 15, 2008 10:09 pm GMT

    Im in the wrong bussiness I should patent something, and hope some company not knowing use my stuff then sue them.

  • HappyBB

    Posted May 15, 2008 9:57 pm GMT

    "... the company was pleased that no infringement had been found for the Wii Remote and Nunchuk controllers."

    Happy? Or angry that Anascape cannot yet cut another big pie out of Nintendo's share? I am not a fan of Nintendo, but this kind of lawsuits really disgust me because they make me feel as if these so-called "patent" holders just want some easy-money!

  • SephirothSyZtem

    Posted May 15, 2008 9:26 pm GMT

    21 million....We want more muuney!

  • patton101

    Posted May 15, 2008 7:21 pm GMT

    Now Anascape owes Nintendo 21 million back for advertising.

  • speedjunkie4

    Posted May 15, 2008 6:47 pm GMT

    Why is this company picking on Sony, Nintendo and Microsoft? Proably for extra money in their pockets.

  • Coviehunter

    Posted May 15, 2008 6:44 pm GMT

    So...what was it that Anascape patented that Nintendo and Microsoft infringed upon?

  • nate1222

    Posted May 15, 2008 5:51 pm GMT

    @x-wing20 & mysterylobster
    Noone WOULD have heard of Anascape if it weren't for this ****. Frome here on out, Nintendo needs to stick with the GameCube controller for their more 'conventional' games (Brawl, Mario Kart Wii, MK Armageddan). Especially seeing as how they've apperantly 'bought' the right to use it via this BS lawsuit.

  • nate1222

    Posted May 15, 2008 5:45 pm GMT

    @Flat_Line____
    My comments tend to do that as well.

  • jdiego82

    Posted May 15, 2008 5:32 pm GMT

    Anascape is the 2nd worst company in the world... Next to EA, of course...

  • Flat_Line_____

    Posted May 15, 2008 4:51 pm GMT

    herbertfkj I feel quite disturbed that my comment initially posted was timestamped Posted Dec 31, 1969 4:00 pm PT.
    =============================
    Weird isn't it? All my posts do that too. After a refresh though it's fine.

  • mysterylobster

    Posted May 15, 2008 3:39 pm GMT

    Anascape is officially the worst company in the world.

  • x-wing20

    Posted May 15, 2008 3:39 pm GMT

    Has anyone even heard of Anascape?

  • gnbfd

    Posted May 15, 2008 3:27 pm GMT

    BOOOOO!!!!
    Anascape SUCKS!!!!!

  • R-Force

    Posted May 15, 2008 3:23 pm GMT

    I agree, nintendoboy16.

    More small companies bidding for free money on pointless, selfish lawsuits. Enjoy your dirty money, Anascape!

  • Sony_FanBoy

    Posted May 15, 2008 3:20 pm GMT

    This is getting insane, Sony, Microsoft and Nintendo are getting blasted on patents over very general things. I mean come on. i think I'm going to patent "4D walking in a virtual game console". Maybe in the next 10 years I can sue a gaming company and gain millions of dollars.

  • nintendoboy16

    Posted May 15, 2008 2:44 pm GMT

    @illini1010

    As I said before at the end of my last post, I don't know why this lawsuit started up with Microsoft and Nintendo, but this was a pointless lawsuit.

  • Articuno76

    Posted May 15, 2008 2:31 pm GMT

    It would be nice if they were a little more specific about what caused the infringement.

  • Sanguis_Malus

    Posted May 15, 2008 2:18 pm GMT

    Hmm, sounds like classic David and Goliath to me. Nintendo and Microsoft have been shady and greedy, just like the Rumble technology case involving Sony and Microsoft.
    IP law works for the little guys too, its only right that they're interests are protected in this way.

  • Ospov

    Posted May 15, 2008 2:15 pm GMT

    Well $21 million is almost nothing to Nintendo. No big deal really. These things happen.

  • illini1010

    Posted May 15, 2008 2:14 pm GMT

    nintendoboy16 -

    read the article, it says the filed the suit back in august of 2006... the wii, and ps3 werent out yet.

  • taj7575

    Posted May 15, 2008 1:59 pm GMT

    its cool. things like this happen to every gaming company every once in a blue moon.

  • 09231991

    Posted May 15, 2008 1:58 pm GMT

    Ok why are they doing this now when these things have been available for a long time? Stupid people:]

  • nintendoboy16

    Posted May 15, 2008 1:57 pm GMT

    I think Anascape just chose to pick on Nintendo and Microsoft because, they knew, right now, Nintendo is leading the console war (at the moment, I don't know how Microsoft is doing). They thought they could pick on Microsoft because they have the best console technology, they don't (PS3 is the best in console technology right now). I don't know, but these lawsuits are pointless.

  • Petri87 posted May 15, 2008 1:51 pm GMT (does not meet display criteria. sign in to show)

    Petri87

    Posted May 15, 2008 1:51 pm GMT (hide)

    @skyline7284 - Pong was the worlds first console and that defined what consoles are today. And just so you know after the N64 whit its around 10 great games and the Gamecubes 5 its not that hard to hate nintendo and whit the Wii they have bounced back but stil not making the amount of great games like Sony and Microsoft is doing.
    Just to make things clear i dont hate nintendo im just tierd of getting burned by nintendo when it comes to games(party and mini-game collections isnt really my thing, more like Zelda TP, NMH, Metroid 3 and Mario Galaxie, not enought to get me to pay 250 for it.) and have put off the purchase of the wii until there is a more solid lineup of great games like the 360 has and like the ps3 has (or will have in a few months)

  • lamprey263

    Posted May 15, 2008 1:41 pm GMT

    People are patenting everything these days. Paris Hilton tried getting ownership of "that's hot" and Donald Trump tried getting ownership of "you're fired"... what's the world coming to. I should go file ownership of scratching my nuts so just in case I see someone doing it on TV I can file a lawsuit for millions.

  • Kratos_OMEGA posted May 15, 2008 1:33 pm GMT (does not meet display criteria. sign in to show)

    Kratos_OMEGA

    Posted May 15, 2008 1:33 pm GMT (hide)

    Good. Nintendo need to cough up their greed money.

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