The Many Lawsuits of Nintendo Wii

Tag: Game Industry, Hardware and Technology, Nintendo

Since the Nintendo Wii was released it has been popular not only with gamers but legal actions as well. Just two months after the Wii showed its little white box in public, it was involved in a legal case with California-based Interlink Electronics. They had patented a ‘Trigger Operated Electronic Device' patent no. 6,850,221, filed in September 1997, only 9 years earlier, and described as an "ergonomically effective mouse for operating a computer." They also stated "This invention relates to a trigger operated electronic device. In particular, it concerns a mouse for operating a cursor in a computer system." Unfortunately for Nintendo their Wiimotes are also a trigger operated device that uses a pointer on a TV or screen and does slightly resemble the diagram in the patent. Needless to say Nintendo were taken to court to be sued.
 
A fortnight later, yes just two weeks, they were at it again. Naughty Nintendo hadn't made their Wiimote straps durable enough, and with a bit of effort you could snap the strap straight of the controller. So court was just around the corner, and Nintendo wasn't too happy. They replied to these statements with, "We believe the lawsuit to be completely without merit. Nintendo has a long tradition of delivering high-quality products and excellent customer service, and we take all reports from our customers seriously... At the time we became aware of the lawsuit, we had already taken appropriate steps to reinforce with consumers the proper use of the Wii Remote and had made stronger replacement wrist straps available. This suit has had no effect on those efforts." This time fortunately for Nintendo, they had, since the Wii's launch, taken action. A full investigation was underway and some editing of the Wiimote's safety guide was necessary, not forgetting the fact that every single time you play a game the Wii actually takes a long pause to tell you to always wear your strap and make sure there is plenty of space, we don't want anything to break or anyone to get hurt now do we? Ok, not the last bit. But needless to say their backs were covered and new straps were issued, ending the case.
 
Now, after Nintendo was hit with a $21 million patent infringement verdict in May, in which the courts found Nintendo had infringed many patents to make the Wiimote, Nintendo, are now no longer battling against Wiimote patent infringement, this time it's the whole console. Motiva, an Ohio technology company, had a patent granted in November 2007 following its application in July 2004 for a "Human Movement Measurement System" comprising of a hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience. Sound familiar? Mr W. Mark Lanier from the Lanier Law Firm said "Using someone else's technology without permission is theft, Nintendo makes video games where you get to play a thief, but that doesn't give them the right to be one."
 
There is an old saying; ‘With great power, comes an even greater responsibility.' I'm sure Nintendo have heard this one before. But have they taken it on board? I know there are a lot of patents out there, and maybe it's just bad luck or perhaps others' greed and jealousy. The big N might take a hefty blow every now and then, but will it stop Nintendo from staying at the top of the industry and making such innovative creations.? I surely hope not.
 

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