Nintendo Switch: Lawsuit Aims To Stop Console's Sales

In a second attempt to prevent the sale of the Nintendo Switch, Gamevice is trying to take the Japanese company to court again.

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Gamevice, the company behind a variety of controller solutions for iPhones, iPads, and other mobile devices, is attempting to sue Nintendo over the Nintendo Switch for a second time. Its aim is to halt sales of the console--arguably at the height of its popularity--due to alleged similarities with its own products.

According to GoNintendo, Gamevice cites similarities between the Nintendo Switch and its own mobile controllers, many of which are also designed around the idea of split controller that connect to your phone or tablet on either side. The Switch's design is similar, and Gamevice claims it infringes on its own patents in the US. It's seeking a legal order to prevent the import of Switch consoles from Japan. The Nintendo Switch is currently difficult to find in the US, as well, with supply constraints for physical retailers and online.

This is familiar territory for Nintendo. Gamevice has previously attempted to sue the company for a similar cause, citing infringement on 19 of its patents. The Patent Trial and Appeal Board ruled in favor of Nintendo in that case (a ruling which Gamevice is still appealing), but will now need to preside over a separate case with similar circumstances. If successful, Gamevice could prevent the sale of Nintendo Switch consoles in the US.

That would be disastrous for Nintendo, considering how popular the console is in the West. Right now, it's still difficult to find Switch stock anywhere (although we can help with that) given how popular its latest exclusive, Animal Crossing: New Horizons, is. It might be a while before anything comes of this legal action, if ever, so don't panic purchase a Switch just yet.

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Shinobi120

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This company is so desperate & money hungry/greedy. They need to give it up already.

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Travelbuds710

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The idea of having the controls on the side of your handheld screen is NOT a new idea. Once upon a time there was the Sega Game gear that was exactly that.. And since Nintendo owns Sega, if that's the basis of the law suit it should be going the other direction. Though I'm sure the initial patent has expired.

Sorry Gamevice, you maybe getting publicity but the costs of a lost law suit right before a potential economic depression could kill the company.

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pharoe777

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@travelbuds710: I still have my original Sega Game gear in perfect working condition. :D

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Blev08

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Edited By Blev08

The only way we'd be impacted is if a judge for some reason decided a temporary restraining order was warranted, which I find highly unlikely to happen while civil proceedings play out. By the time these court cases are done, Nintendo will more than likely already be onto the next console.

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Avatar image for just1mohr
Just1MoHr

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Is it just me, or are Nintendough fans mad about the tons & tons of garbage Indie games being dumped into the store, meanwhile no new Mario, DKC, Metroid, Starfox....etc? Where are the rest of the NES, SNES, GameCube & N64 games that need to get ported over....what gives?

Do others spend a lot of time looking for the gems in a sea of trash?

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datriax

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Nice to see Nintendo get a taste of its own medicine. This company would sue a fly if they thought they heard it whistle the Mario jingle without paying royalties. F*** Nintendo.

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FionnbarrCasey

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@datriax: you're a bit deluded if you think this is gonna at all have any substantial impact on Nintendo. If you didn't notice, this is the second time this small fry company (no question small fry to Nintendo) has tried suing them

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Pupchu

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Edited By Pupchu

Nintendo should sue Sony, cause the old PS-controllers looks a little like the SNES one. The Xbox had thosse colorful buttons, they should sue Microsoft as well. Everyone should sue everyone.

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FionnbarrCasey

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Edited By FionnbarrCasey

@Pupchu: Most beautifully American thing I've ever heard!!!. Love it!! haha

You say it though like as if thats not the world we *already* live in haha ("Everyone should sue everyone")

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Utnayan

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Gamevice is a patent baiter - they could feasibly sue every company in the world for a patent violation when they decided to throw 50 patents to the wind and see what comes close in similarity.

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Djfrido

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Small companies never win, even if they are correct. The law favors the rich. It's a simple truth.

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Dilandau88

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Can you imagine if they won this? Holy F they would draw the ire of an entire continent.

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lonewolf1044

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Edited By lonewolf1044

Regardless of how anyone may feel about Gamevice, if Nintendo did infringe on some patents it is about principle and sadly Nintendo must pay for that infringement. just because the Switch is popular it does not give Nintendo an free right to infringe on someone else intellectual properties. Nintendo should pay royalties to Gamevice if the allegations are true.

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kabloe

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Edited By kabloe

You're right and Nintendo is getting mad when someone use Nintendo characters or musics in their fan project and sue them all so it's a right return of the boomerang

@lonewolf1044 said:

Regardless of how anyone may feel about Gamevice, if Nintendo did infringe on some patents it is about principle and sadly Nintendo must pay for that infringement. just because the Switch is popular it does not give Nintendo an free right to infringe on someone else intellectual properties. Nintendo should pay royalties to Gamevice if the allegations are true.

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bgrosz

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@lonewolf1044:

No, there is no principle here.

You can patent something, but that patent still needs to hold up in court and this definitely shouldn't in this case.

It's a very obvious idea to have controllers be detachable when you can switch between playing on your TV versus playing in a handheld mode. You can't let patents block obvious tech advancement and design choices.

There is a reason Gamevice keeps losing and they will continue to do so.

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lonewolf1044

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@bgrosz: Ok, i see what you are talking about and I got an clearer picture of Gamevice controllers and agree that Gamevice may be fighting an uphill battle and it's chance of winning may be slim if not at all.

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BasketballFan

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@lonewolf1044: As much as I would love to see Nintendo take a nice hit, they wont. Gamevice seems to do this on a bi-annual basis and the never make headway.

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Terrorantula

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Hopefully they're successful, then I can sell mine.

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XenomorphAlien

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Haha, good luck with that. Sorry your product sucks and you're just looking to mooch off someone else's success.

Besides, even if by some crazy chance these guys win, could you imagine the amount of backlash these guys would get?

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naruto945

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Wouldn’t even be that bad the switch is garbage and I wish every game that’s on it was on any other console I’m not even getting into smash this time around.

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G-Corleone

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@naruto945: if you wish the games, you wish the console as well.

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Maralzo

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Seems somebody isn't making enough sales off their product and are trying to find any way to make money.

I mean, attaching controllers to a screen isn't exactly brilliantly genius original design that no one else could've ever thought of.

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dzimm

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Here's how it'll go down: If Nintendo is confident they can win, then they'll fight it in court. If they think they'll lose, then they'll settle out of court.

Either way, Switch sales will be unaffected.

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deth420

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even if they stop them from importing them, no one will buy their crappy product.

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rodoxthedark

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Should read lawsuit against Nintendo seeks desperate cash cash cash

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BenQ

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/ facepalm, the sequel

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Pupchu

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@benq: i tought this was the space-entry...

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lion2447

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"That would be disastrous for Nintendo, considering how popular the console is in the West."

No it isn't. Ninendo is an expert on infringement. They seem to find any video with trademark characters and quickly have them removed. They probably have more lawyers then other workers.

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lonewolf1044

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Edited By lonewolf1044

@lion2447: Still does not give an company the right to infringe on someone elses intellectual property and if found wrong about it, the party should pay the price however Nintendo can weather the storm if they must pay.

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XenomorphAlien

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@lion2447: Uh, hate to break it to you, but the Switch is pretty popular in the West lol.

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leo5111

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the BEST the company can dream of is getting some coin off Nintendo, actualy winning and stopping the sales? the chances are between Slim and None and that on the ground is Slim with 500 Bullets in his head

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bgrosz

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@leo5111:

Well, that is exactly their goal. It doesn't do them any good to stop Switch sales, they want the $$. I would be shocked if they get it.

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uninspiredcup

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Eh, Nintendo has it's lawyers all of the place looking to hound people.

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Avatar image for alex33x
alex33x

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Maybe this morons, don't even realize their target demographic is not even the same. Do they think by stopping sales in the US of the Nintendo Switch they will profit more? I don't play mobile games, nor would a switch like controller make me play mobile games. So dumb.

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dzimm

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@alex33x: They're just looking for a lucrative settlement. Whether or not their own product succeeds is entirely irrelevant to them.

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Renunciation

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Wait 'til it turns out that another company has a patent on suing Nintendo.

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lonewolf1044

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@Renunciation: Now if you get enough of those they may be able to hurt Nintendo.

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schu

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@Renunciation: lol

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Sepewrath

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The patent trolls will never learn until they get counter sued and their fake companies dissolved in an avalanche of litigation.

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dzimm

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Edited By dzimm

@Sepewrath: Stopping patent trolls can be very, very difficult because of the broken patent system in the US. They file lawsuits based on dozens of patents, and each one has to be examined before a ruling can be made. This takes a lot of time, and of course a lot of money. Patent trolls don't even care if they have a legitimate case, they're just hoping that companies will find it cheaper to simply pay them off than to fight them in court. And this will continue until the patent system is overhauled.

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Avatar image for YearoftheSnake5
YearoftheSnake5

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Second time's the charm, right? Right??

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