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Court Sides With Nintendo, Reverses Patent Decision

by Jeff Cork on Apr 13, 2010 at 10:30 AM

The Federal Court of Appeals today reversed a jury decision from 2008 that found that a trio of Nintendo’s controllers violated a patent held by Anascape Ltd. In that original decision, a jury determined Wii’s remote and nunchuk didn’t violate that patent, though the Wii’s classic controller and the GameCube’s WaveBird and standard controllers did. Before the appeal, Nintendo was ordered to pay $21 million to Anascape. Here’s a snippet from Anascape’s patent, U.S. Patent No. 6,906,700:

“A hand operated controller or converter structured for allowing hand inputs to be converted or translated into electrical outputs, the controller structured with a plate or platform moveable relative to a base or housing about two mutually perpendicular axes generally parallel to the platform to effect a plurality of sensors for defining output signal(s) based on movement of the platform. The sensors each have an electrically active activator spatially separated from an electric contact surface. A tactile feedback motor with shaft and offset weight is mounted as a component of the controller for providing vibration to be felt by a hand operating the controller. In some embodiments the sensors are pressure sensitive variable output sensors."

In other words, they’ve described an analog control stick, the likes of which have been in use for decades. Aside from holding this patent, Anascape doesn’t appear to be manufacturing any products at this time. An online search only turned up references to the lawsuits, and an online presence could not be found.

“In 2008, the jury determined that the Wii Remote and Nunchuk did not infringe,” said Nintendo of America General Counsel Rick Flamm. “Today the Federal Circuit’s ruling confirmed that none of Nintendo’s controllers infringe. We appreciate that our position has been vindicated.”

Microsoft was also hit with a lawsuit from Anascape in 2006, though the company decided to settle out of court.