Sony, Nintendo, Apple sued over wireless tech

Wi-Fi purveyor Bandspeed files patent-infringement suit against PS3, Wii, iPhone makers over performance-based online communications.

The Big Three console manufacturers are regularly fending off patent dispute litigation, to varying degrees of success. As spotted by Patent Arcade, Sony Computer Entertainment and Nintendo, along with iPhone creator Apple, were served with a new patent-dispute complaint last week in the Western District Court of Texas that deals with the way the three companies handle wireless communication channels.

Bandspeed's flagship product, the AirMaestro.

The complaint was filed by Bandspeed Inc., which describes itself as "the leader in next-generation Wi-Fi management," and stems from two patents the company filed in September 2001. The first patent, which was issued in April 2006, details a way in which a device selects a wireless channel to communicate through based on performance. The second patent, issued August 4, 2009, concerns managing said communications channels, also based on performance.

Bandspeed contends that Sony, Nintendo, and Apple violate both of these patents with their respective PlayStation 3, Wii, and iPhone 3G products. The wireless communications company seeks damages as determined by the court, as well as a permanent injunction preventing the three companies from continuing to violate Bandspeed's patents.

211 Comments

  • erasmorpheous

    Posted Nov 15, 2009 8:09 pm PT

    money money money money....money! (high pitched)

  • Cloud737

    Posted Nov 15, 2009 2:01 pm PT

    This is the reason why I propose to abolish all patents (except for those in medicine, which actually do their job well). They're mostly useless, and only hurt creativity (start-ups almost never have a change, they have to divert more attention to avoiding "mines" than creating good products, and the only ones to survive or evade frivolous patent suits are either big companies with lots of patents to counter-suit with, or big companies with lots of money to defend their case).

    Because of patents, we now have troll companies that do nothing but gather up (buy) and submit patents, waiting to sue the big fish, while creating absolutely nothing in their entire lifetime, so as to not be vulnerable to counter-suits. These lowlife companies do nothing but lie in wait years on end, waiting to sue anyone even remotely close to it's patent definition in a desperate attempt to make money while contributing absolutely nothing.

  • Sammonoske223

    Posted Nov 15, 2009 4:33 am PT

    So, just some random company jumping on the "sue the big guys" bandwagon to try and pull in some money. Good luck Bandspeed, you will need it..

  • KBABZ

    Posted Nov 15, 2009 2:29 am PT

    Never heard of Bandspeed. If they were the leader in Wi-Fi management I should have known about them, no? Also, this isn't a patent, this is a design/functionality decision. It isn't something that is viable to sue someone over.

  • Somajan

    Posted Nov 3, 2009 3:41 pm PT

    This is like a new industry. The Patent Lawsuit.

  • Reiken37

    Posted Nov 3, 2009 5:19 am PT

    So they really think that this will be worth it? This trail will drag on, and Nintendo and other companies will run Bandspeed out of it's wallet. Nice Patents, why did you wait so long to use them

  • Hitamaru-homia

    Posted Nov 2, 2009 5:43 pm PT

    So if they lose to THE 3 HUGE GIANTS they will have to pay their lawyers fees. Its a risky move.

  • peteyday

    Posted Oct 25, 2009 8:37 am PT

    Bandspeed best get some damn good lawyers.

  • 00Joseph00

    Posted Oct 13, 2009 5:30 am PT

    Texas aint the dumbest place on Earth. George W. Bush is from there!

  • TJSpyke

    Posted Oct 12, 2009 8:32 pm PT

    Vin_LAURiA, the companies usually are not in Texas. They just file the lawsuit there because the district there is well known for siding with the patent holders. I agree with you though. It annoys me these companies that take out patents, then do nothing with them until another company comes and actually makes a product. The patents are also usually very vague and broad.

  • Nobri

    Posted Sep 17, 2009 4:07 am PT

    Hey! Microsoft didn't copy someone this time!

  • Newave

    Posted Sep 14, 2009 9:52 am PT

    And so joins Bandspeed Inc. the ranks of EA Games, Blizzard, "Square"Enix, Ubisoft, Nintendo and Apple on my boycott list...

  • DioS70

    Posted Sep 14, 2009 9:02 am PT

    shadowysea07: I forget where mission control of NASA is located? Oh and one of if not the top medical center in the US??

  • Vin_LAURiA

    Posted Sep 14, 2009 1:08 am PT

    Notice how whenever someone decides to sue one of the big three, it's for something trivial (and always backed up by a vague-as-hell patent,) with no provocation, and they're always some company in Texas that no one's ever heard of?

  • Fz1994

    Posted Aug 30, 2009 11:15 am PT

    this is rlly stupid!

  • shadowysea07

    Posted Aug 30, 2009 11:14 am PT

    fail but what do you expect this is form texas the dumbest place on earth

  • that70sguy92

    Posted Aug 30, 2009 8:18 am PT

    The words ridiculous and pathetic come to mind. Just another company that's run in a basement/trailer looking for some attention and a large settlement.

  • Marker791

    Posted Aug 20, 2009 8:57 am PT

    thats stupid. What are they going to do,Ban those systems?Geez

  • Kleeyook

    Posted Aug 18, 2009 5:05 am PT

    ..... most stupid. I failed grammar.

  • Kleeyook

    Posted Aug 18, 2009 5:04 am PT

    Sometimes, patent could be the stupidest thing ever in history, and this case is one.

  • Jinzo_111887

    Posted Aug 17, 2009 7:08 am PT

    Did Bandspeed do anything with their patents? If not, they should lose both of them. Patents being used for only lawsuit purposes can hold back some big technological and medical breakthroughs. The Anascape lawsuit was bad enough. There needs to be rules preventing pointless lawsuits. Maybe someone should patent pointless lawsuits and sue the companies that file them.

  • Xzaxs

    Posted Aug 17, 2009 4:03 am PT

    Are they serious?

  • tsunami2311

    Posted Aug 16, 2009 10:38 pm PT

    who the hell are they??? I would believe cisco systems was leader in this this over someone I never heard of

  • netsoj

    Posted Aug 16, 2009 7:23 pm PT

    And this is why there should not be patents for technology. Yay another thing to hinder the advancement of the future.

  • BlueFlameBat

    Posted Aug 16, 2009 7:48 am PT

    If the patent hadn't been passed by the time Nintendo, Apple, and Sony were using it, then I don't see how they violated it, gameman_500.

  • gameman_500

    Posted Aug 15, 2009 10:45 pm PT

    blueflamebat, it wasnt brought to the court cuz the patent just passed august 4, so they couldn't sue until it passed

  • BlueFlameBat

    Posted Aug 15, 2009 7:16 am PT

    Again?! Is Texas sue-happy or something? And once again, why wasn't this brought to court much earlier?!

    I never even heard of Bandspeed, by the way.

    When big companies actually do wrong to smaller companies, the smaller companies have every right to sue; corporate giants shouldn't get away with being bullies. But this is suspicious.

  • agehaelhaym

    Posted Aug 14, 2009 7:56 pm PT

    That's a joke.

  • Storm_Walker

    Posted Aug 14, 2009 5:48 pm PT

    Another lawsuit, the small fries are always trying to leech off of the bigwigs aren't they? Who are these Bandspeed guys anyway? If they'd done something so important, they would've been in the news before now and we wouldn't be having this problem. Besides, Nintendo, Sony, and Apple probably do the job better anyway.

  • thenephariouson

    Posted Aug 14, 2009 8:10 am PT

    jacob5622,

    Your probably right : )

  • jacob5622

    Posted Aug 14, 2009 5:48 am PT

    It's ok, nothing to see here. Sony, Nintendo and Apple will feel bad for little unknown Bandspeed and give a small settlement. Bandspeed will liquidate, and its 1-2 owners will spend a couple of months in the Bahamas before returning home to their trailers.

  • jojoforpres

    Posted Aug 14, 2009 2:11 am PT

    Of course this suit comes from Texas. Can we force the entire state to succeed from the union YET!?

  • mybadlife

    Posted Aug 13, 2009 10:44 pm PT

    4301 Westbank Dr.
    Bldg. B, Suite 100
    Austin, TX 78746
    t| 512.358.9000
    f| 512.358.9001
    info@bandspeed.com

    They're in a suite inside a specific building? If they're the "the leader in next-generation Wi-Fi management", shouldn't they be big enough to have their own building?

    Also, how convenient that the company who claims to be "the leader in next-generation Wi-Fi management" be called "Bandspeed Inc."?

  • Voltergeist

    Posted Aug 13, 2009 9:18 pm PT

    Probably just another patent troll.

  • TomoEK9

    Posted Aug 13, 2009 1:55 pm PT

    @campbell153

    What in the balls are you speaking of? Headset technology is not patented.

    The PS3 also uses such technlogy, I regularly use my headset to speak to my friends when gaming. The Wii exluded it because its just something else that would need to go in that would increase both production time and cost.

  • campbell153 posted Aug 13, 2009 12:46 pm PT (does not meet display criteria. sign in to show)

    campbell153

    Posted Aug 13, 2009 12:46 pm PT (hide)

    Seem`s a bit pathetic if you ask me... why should it be down to one company to say who can do or use whatever? why should one single company have the monopoly on an idea or whatever? I own a Wii and because of XBOX, Nintendo was not aloud to use the headset technology, so us Wii users can have the same option to talk to friends while gaming!
    I know the gaming industry is a cut throat buisness due to the money that can be made! But even so... come on people... share and share alike!!!

  • thenephariouson

    Posted Aug 13, 2009 10:37 am PT

    Well all i can say is that 'Bandspeed' must have a very strong case, as to take on even one of these companies would be suicide, but all three?

    What i want to know, is: how does Sony's, Nintendo's & Apples method of 'wirelessly selecting a channel to communicate through based on performance' differ from that of MS, Netgear, CISCO, Linksys, D-Link, Belkin, and a myriad of other wireless devices?

  • Jorlen

    Posted Aug 13, 2009 10:24 am PT

    Are these guys talking about auto-channel scan? If so, this is a joke and it won't make it very far in court.

  • darksteel88

    Posted Aug 13, 2009 9:31 am PT

    These lawsuits against companies always make me laugh. That basically says if I use regular channels and send the user to one depending on the server load, I'm violating that patent. Pretty sure the PSP has been doing that since before the patent was issued. Just wait for it to blow up in their face. I know it's patenting something that seems very detailed, but it's something that everyone would do just because it makes sense.

  • NewPorkCity

    Posted Aug 13, 2009 9:03 am PT

    Christ, really? You can get the payoff, Bandspeed, but a permanent injunction preventing the companies from further "violation"? That's alienating hundreds of millions of users from their products' functions. Unbelievable...

  • Hvac0120

    Posted Aug 13, 2009 8:29 am PT

    Man... I need to start opening some patents soon so I can get a big pay off in 5 years when I sue major manufactures for using common sense with existing technologies...
    _

  • jpsaply

    Posted Aug 13, 2009 6:44 am PT

    @ Mr Bodywave , If you click the wording "second patent" in the article, it brings you to the actual patent. It says it was issued Aug 4th but file in Jan, 2001. I would assume it was in the middle of some long transition or perhaps the issue of Aug 4th is its renew date before it expires. In either case, it looks like it was originally filed on Jan 2001.

  • Mr_Bodywave

    Posted Aug 13, 2009 5:19 am PT

    The thing I don't quite get is that--ok--let's say that their patents are valid--One was granted in 2006 and the toher just about a week ago! So when teh Wii and PS3 were being designed in 2004-6....they were violating a patent from 2009? How crazy is THAT? I guess MS is happy they didn't inlcude wifi at this point!

  • shkar

    Posted Aug 13, 2009 3:56 am PT

    Just cut the crap already !!!!

  • X-RS

    Posted Aug 13, 2009 3:36 am PT

    another great victory for america! *facepalm* seriously, increase the law against sueing.

  • firehawk998

    Posted Aug 13, 2009 3:12 am PT

    The economy is so bad these days that anyone will sue anybody these days. Big example this one. @ thenephariouson I wouldnt surprised if that actually happens.

  • firehawk998

    Posted Aug 13, 2009 3:11 am PT

    The economy is so bad these days that anyone will sue anybody these days. Big example this one. @ thenephariouson I wouldnt surprised if that actually happens.

  • thenephariouson

    Posted Aug 13, 2009 2:43 am PT

    LOL, OMG, what next, a patent on the method of pushing a button?, or even the correct method of holding your controller?

    I wonder if MS have 'Patented' their method of WiFi connectivity, if so, and this injunction is passed, then Sony, Nintendo & Apple will have to do a MAJOR re-think.

  • LordRaymond

    Posted Aug 13, 2009 2:29 am PT

    This lawsuit is just as dumb as the person suing Square Enix and who the freak is bandspeed "the leader in next generation Wi-Fi management". Another stupid lawsuit.

  • ColonelX24

    Posted Aug 13, 2009 1:33 am PT

    Man this is the second idiotic lawsuit attacking video games I've heard of in two weeks. Why sue, people? What's wrong with accepting faults....and moving on.

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