Texas Company Files Lawsuit Against Everyone (Especially Nintendo)

[WMDogma]

Texas Company Files Lawsuit Against Everyone (Especially Nintendo)

UltimatePointer figures that Nintendo, and everyone who sold Wii products, owes them some cash.

Nintendo is no stranger to being sued over supposedly patents [http://www.escapistmagazine.com/news/view/99986-Fitness-Company-Sues-Nintendo], so it's not too much of a surprise that another company is hoping to bring the videogame giant to court once again. There is a slight twist this time around, though; Texas-based UltimatePointer LLC is also taking aim at just about everyone who ever made a buck off the Wii.

The recently-filed -complaint states that Nintendo's Wii Remote rips off UltimatePointer's own patent for an "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor," which was filed way back in 2005.

However, UltimatePointer's patent for the "Easily Deployable" thing-a-ma-bob didn't receive official status until June 2010 [http://patft.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.htm&r=1&f=G&l=50&s1=7746321.PN.&OS=PN/7746321&RS=PN/7746321], several years after the Wii console hit the American Market. What really makes this lawsuit stand out from any other patent dispute, though, is that UltimatePointer isn't setting its sights just on Nintendo.

The full list of defendants in the court filing found here [http://pdfserver.amlaw.com/tx/NintendoPatentSept15.pdf] shows that UltimatePointer is also taking on practically any retailer that has ever sold a Nintendo Wii or anything Wii-related, whether it was pre-owned or otherwise. Best Buy, Target, GameStop, Dell, and CompUSA are just a few of the companies being taken to court for patent infringement, as apparently selling Nintendo products makes them just as liable as Nintendo itself.

There's no amount listed for the reward should UltimatePointer succeed in bringing all those into court (and actually manage to prove anything). Instead, in addition to all the other court and lawyer fees, its only asking for Nintendo to pay up a "reasonable royalty".

Source: Joystiq [http://www.joystiq.com/2011/09/27/ultimatepointer-files-patent-lawsuit-against-nintendo-and-uh/]

Image: Flickr [http://www.flickr.com/photos/tabor-roeder/5554047867/sizes/m/in/photostream/]


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[JaredXE]

Isn't this the exact same thing as the Wavit lawsuit? Because that's old news. Unless this is a different company.

 

[SilverUchiha]

I get not everyone is happy with the big N, but why is everyone so sue-happy these days? Especially in cases that are obviously going to fail because I'm sure Nintendo has a nice, large legal team to handle pointless cases like this. Just because you thought of a very similar gadget before Nintendo made it popular and you couldn't get it out first doesn't mean you are entitled to Nintendo's money.

 

[Worgen]

I get not everyone is happy with the big N, but why is everyone so sue-happy these days? Especially in cases that are obviously going to fail because I'm sure Nintendo has a nice, large legal team to handle pointless cases like this. Just because you thought of a very similar gadget before Nintendo made it popular and you couldn't get it out first doesn't mean you are entitled to Nintendo's money.

Really the reason we keep seeing lawsuits like this is because the patent office lost its federal funding.
http://www.cracked.com/article_18808_7-reasons-computer-glitches-wont-go-away-ever_p2.html

 

[Stall]

Texas... great place to file suit you know. Just give a few hundred thousand to a judge's campaign fund and you are set!

And you think I'm kidding, aren't you?

but why is everyone so sue-happy these days?

Because we live in a litigious society where the court is often viewed as the best place settle problems.

 

[Mahorfeus]

I love how they all sue Nintendo for what is essentially the same technology. If they all came up with it before they did, then why the hell aren't they suing each other?

Oh yeah, because Nintendo is filthy rich. Go figure.

 

[Macgyvercas]

Texas... great place to file suit you know. Just give a few hundred thousand to a judge's campaign fund and you are set!

And you think I'm kidding, aren't you?

but why is everyone so sue-happy these days?

Because we live in a litigious society where the court is often viewed as the best place settle problems.

But we all know the best way to settle something is by dueling [http://www.cracked.com/funny-4231-dueling/].

 

[shinigamisparda]

Do these people actually think this is going to go through?

 

[kebab4you]

You know, when you file for a patent you should need to do some "are you evil?" test,so dickheads like these don't just sit on something and don't do squat with it T.T"

 

[GeorgW]

Well, I guess it's good for the economy and gives lawyers stuff to do, but this is getting ridiculous. To add on all those sellers just seems like a money-grab to me. If I was a judge I'd throw this case out.

 

[Ariyura]

Correct me if I'm wrong but their patent was only recognized last year, doesn't that favor Nintendo and the other companies they're suing?

 

[Tiger Sora]

So they're suing Nintendo, Walmart, Kmart, and all kinds of other massive corporations who have had a hand in sales.

It's like a surfer trying to catch a ride on a Tsunami, he's gona die eventually.

 

[Kathinka]

i almost wish those guys would win this, just to see the utterly preposterous ammount of money they would get xD

 

[Rawne1980]

I'm getting incredibly bored by all these lawsuits I keep seeing.

It's getting really old.

"Ahh we have something similar i'm taking you to court".

Pathetic.

 

[Frostbite3789]

Why even include Texas in the article? It has jack squat to do with the state.

Just know Texas is an easy to hate state? This is exactly what I'm talking about when I talk about spin and how sickeningly easy it is. You play off mob rule, and know most people will readily make fun of Texas.

For The Bethesda suit why isn't the article "Maryland company suing a company in Sweden"?

Because they're a more recognizable name? What bearing does that have on it?

 

[Kopikatsu]

Why even include Texas in the article? It has jack squat to do with the state.

Just know Texas is an easy to hate state? This is exactly what I'm talking about when I talk about spin and how sickeningly easy it is. You play off mob rule, and know most people will readily make fun of Texas.

For The Bethesda suit why isn't the article "Maryland company suing a company in Sweden"?

Because they're a more recognizable name? What bearing does that have on it?

That's the part you have a problem with? I'd be more looking at the 'Files lawsuit against everyone' part.' That just makes them sound insane, but the truth is that they aren't (quite that) insane. They might even be right. I have no idea. But the company certainly isn't suing EVERYONE.

 

[shadowmagus]

I think if they were just going after Nintendo, they might stand a chance, but the army of lawyers they are going to go up against taking on everyone is financial suicide. They'll run out of money for litigation first.

 

[Dastardly]

Permalink

What I have to laugh at is that none of the companies suing Nintendo seem to be suing each other. Likely, it's because they know that (as with themselves) those other companies don't have any money. Or how about going after the Patent Office for issuing these (seemingly) overlapping patents to everyone?

Nope. Just sue the guy with the money.