Friday, December 08, 2006

Nintendo Sued Over Controller Patent

Nintendo Sued Over Controller Patent

By Kris Graft
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[Update] A leading electronic interface company this week filed a suit against Nintendo in a Delaware court claiming that the Wii’s trigger-happy controller infringes on existing patents.
In a court filing snagged by gaming blog Kotaku, Camarillo, California-based Interlink Electronics accuses Nintendo of selling infringing products in the district of Delaware, where the company holds some of its operations.Interlink’s “Trigger Operated Electronic Device” patent (no. 6,850,221), filed in September 1997 and issued February 1, 2005, describes an “ergonomically effective mouse for operating a computer.”The patent also reads, “This invention relates to a trigger operated electronic device. In particular, it concerns a mouse for operating a cursor in a computer system.”Of course, the Nintendo Wii has a trigger-operated controller which is also used as a pointing device. Diagrams from Interlink’s patent bear a passing resemblance to the Wii Remote.
There does seem to be a significant difference between Interlink’s patent and Nintendo’s design, however. Whereas Nintendo’s controller moves an on-screen cursor by moving the actual input device in 3D, Interlink’s patent describes a pointing mechanism that centers around a touch-sensitive pad and buttons, not the movement of the entire unit (“The multiple control elements are responsive to finger pressure to operate switch elements…”).
Still, the suit primarily takes issue with the trigger element that is shared between the two designs.Interlink said that because of the alleged infringement, it has suffered damages including loss of royalties and reduced sales and profits. The company is seeking a restraining order against the sale of Nintendo’s controller as well as three times the assessed damages including interest. Reimbursement of legal fees is also being pursued.A trial by jury has been demanded as well.Requests for comment from Interlink and Nintendo had not been returned as of press time.
[Update] Nintendo has since contacted Next-Gen, stating "Nintendo doesn't comment on pending litigation." Interlink has yet to comment.

Nintendo Retracts 1M Wiis in U.S. Statement

Nintendo Retracts 1M Wiis in U.S. Statement Is Nintendo doubtful that it can ship/sell 1 million Wii consoles in the U.S. before the year ends? It's starting to look that way, as the company has retracted a statement proclaiming its 1 million sales goal for the U.S. More within...
Yesterday Nintendo of America issued a release trumpeting the success of their portables, Game Boy Advance and Nintendo DS, which sold 641K and 918K units respectively according to the latest NPD figures. All told, when combining Wii sales, DS sales, GBA sales and GameCube sales, Nintendo sold 2.1 million of the 3.9 million video game systems sold in the U.S. during November, capturing 55 percent of the market.
Interestingly, if a recent press release correction is any indication, Nintendo may not be as sure that they will sell one million Wiis in the U.S. in 2006 as previously thought. The Wii sold at a rate of more than 70,000 a day for the seven days represented in NPD's November data, and Nintendo of America President Reggie Fils-Aime has said that Nintendo would have one million Wiis in the U.S. in early December, with two million shipped by mid-January.
Today, however, Nintendo of America alerted the media that its statement from yesterday which read, "Despite spot shortages in some locations, well more than a million Wii systems will be available in the United States by the end of the year," has been retracted and should be ignored.
So what does this mean? Nintendo did not say why that statement should be disregarded, but one can only assume that either they are having more difficulty with manufacturing than they let on, or perhaps more likely, they are sufficiently satisfied with the U.S. launch numbers and want to divert some of the shipments to Japan and Europe, which haven't been allocated quite as many systems (especially Europe).
GameDaily BIZ has contacted Nintendo for further comment and will update accordingly.