Nintendo has gladly announced their vindication in a recent lawsuit brought against them by company Anascape, Ltd. Anascape believed many of Nintendo’s controllers infringed on their patent. The company specifically targeted Nintendo’s Wii Remote, Nunchuk, Nintendo Gamecube, Wii Classic Controller and Wavebird controllers.

A jury in 2008 found that Nintendo was not in violation of patent infringement with their Wii Remote and Nunchuk controllers, but the latter three controllers were deemed in violation. Today, the Court of Appeals reversed this decision, claiming that Nintendo’s creations do not infringe on any existing patents.

Looks like Nintendo is jumping up and down with the verdict of Anascape, Ltd. v. Nintendo of America Inc.

Nintendo

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James Collins purchased a used copy of Dragon Age: Origins for his PS3 in January, allegedly swayed by the box art advertisement that a bonus quest and character could be downloaded for free with purchase of the game. While Collins saved $5 by buying used, he realized the additional content was only free to purchasers of a new copy of the game. In order to obtain the bonus content, he ended up having to pay $15 extra for it, or a total of $10 more than he would have had he simply purchased the game new.

Collins was then told by the GameStop manager that he could not return the game for a refund because the seven-day window had lapsed. He filed a lawsuit against the retailer earlier this week for misleading purchases, to which GameStop is unable to publicly comment on at this time.

Who do you think’s at fault? EA for not considering used game sales when sticking the ad on the box? GameStop for their pricing and return policy? Or the plaintiff for thinking a used game could reap bonus content more than once and taking more than seven days to attempt to claim it?

IGN

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The United States Court of Appeals for the Federal Circuit ruled in favor of Microsoft and Nintendo this week in an appeal by Fenner Investments. The latter sued the gaming giants three years ago for controller power conversions that supposedly infringed on patented designs obtained by Lucent Technologies. The judge ruled that “no genuine issues of material fact” was found in Fenner’s appeal claims, effectively letting Microsoft and Nintendo off the hook.

Gamasutra

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A company called Fenner Investments Ltd. decided to sue Nintendo, claiming that their GameCube and Wii controllers infringed on one of their patents. US District Court Judge Leonard Davis of Tyler, Texas didn’t agree, and dismissed the case on Monday. Rick Flamm, NOA Senior Vice President (Legal & General Counsel) was obviously happy with the judge’s decision.

We are very pleased with the court’s decision. Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others. We also vigorously defend patent lawsuits when we firmly believe that we have not infringed another party’s patent, despite the risks that this policy entails. I would like to express our sincere appreciation for the tireless efforts of our legal team, which represented us so well.

That’s one lawsuit down, a million more to go.

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Everyone wants a piece of the pie. This time it’s Wall Wireless LLC, suing Nintendo, Sony, and Nokia for infringing on their patent, called ”Method and Apparatus for Creating and Distributing Real-Time Interactive Media Content Through Wireless Communication Networks and the Internet.”  Catchy. The patent is for an invention that “pertains … to methods and systems that allow an operator to distribute messages having aural or visual content that is generated by the operator using handheld apparatuses such as mobile telephones.”

Aside from claims that the DS infringes on the patent with its wireless features, Wall Wireless is also suing over certain games, including Mario Kart DS. They claim that the companies named in the suit were notified of the patent as early as October, and as of yet, none of them have taken license under it. On top of a permanent injunction, Wall Wireless is suing for “damages, costs, expenses, attorney’s fees and pre-judgment and post-judgment interest.” According to the filed lawsuit:

As a result of Defendants’ infringement of the ‘086 patent, Wall Wireless has suffered monetary damages that are compensable [...] by no less than a reasonable royalty.

Edge Online

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Deja vu! Nintendo is being sued by the Ohio-based company, Motiva, who claim that Nintendo’s Wii Remote is a violation of a patent they filed in May of 2004. The patent involves a “hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience, among other capabilities.”

The Lanier Law Firm, counsel for Motiva, had this to say:

Using someone else’s technology without permission is theft.

Editors note: The dictionary disagrees. You’d think a lawyer would know that.

Nintendo makes video games where you get to play a thief, but that doesn’t give them the right to be one.

Well they’re obviously talking about Link’s Awakening, pictured above.

GameDaily

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