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Sony Could Sue Nintendo Over Wii U

A Sony patent filed back in 2009 shares similar traits found in the upcoming Wii U touchscreen controller. Patent infringement lawsuit anyone?

In June, Nintendo revealed its next-generation platform, the Wii U, which seemingly combines the typical console form-factor with a unique tablet-like wireless controller. While gamers seemed intrigued, investors did not, preferring instead for the company to branch out into the mobile sector rather than focusing (again) on dedicated hardware.

Months later, the company was forced to hack $80 off its just-released 3DS handheld due to lackluster hardware sales while also revising its yearly forecast to expect lower earnings. All in all, 2011 currently appears to be a gloomy, lackluster year for Nintendo.

And now it may get even gloomier. A 2009 patent filed by Sony Computer Entertainment Europe Limited describes a gadget similar to Nintendo's "portable electronic device" that includes a rear-facing camera and a display that interacts with images on the console's main screen. As described in the patent, players can point the handheld at the main display to see additional images – in this case, a ghost.

"A portable electronic device comprises a display facing in a first direction, a video camera facing in a second direction substantially opposite to the first direction, a receiver operable to receive supplementary image data from a remote image source, the supplementary image data comprising an indication of where a supplementary image is positioned with respect to a reference image, and in which the portable electronic device is arranged in operation to display a captured image from the video camera on the display of the portable electronic device, and when the captured image comprises all or part of the reference image as displayed on a separate display, the portable electronic device is arranged in operation to display the supplementary image positioned with respect to the reference image, instead of the corresponding part of the captured image," reads the patent description.

There's speculation that Nintendo may dodge potential patent infringement lawsuits based on the position of the Wii U's front-facing camera which will be used for in-game gestures and taking self-portraits. Images displayed on the Wii U can interact with the TV screen, but don't serve as a direct visual overlap as described in the Sony patent.

Truth be told, the Sony patent seems to define the PlayStation Vita heading to the market in Q1 2012, describing the rear touch panel, rear facing camera, gyroscope, touchscreen and more. Given how trigger-happy companies have become in regards to stabbing each other with patent infringement lawsuit daggers, it wouldn't be surprising to see Sony whip out its team of battle-ready legal hounds any day now.

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Katzie 09/07/2011 4:15 PM
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Thing is, Sony will never make a console like the Wii U unless the Wii U does so well. So why sue over something you'll never make? I say, you can''t file a patent claim unless you have a timeline (or an average ETA, give or take a few release dates) of your product. Otherwise, you can't claim a patent on something that you'll never create.

LORD_ORION 09/07/2011 4:20 PM
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OMG, we get enough lawsuit news posts, we do not need speculation on lawsuit newsposts.

growup 09/07/2011 4:24 PM
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Too many patents make this world develop much slower than it should. Imagine if suing was available in the stone age.

Tim - James, dont call your table a wheel or you'll get sued.

James - But Tim, it might revolutionize the way we travel, I call it... a car.

Tim - You're going to get sued and they'll take your idea.

James - You're right, lets jog to work, we're 5 hours late.

I lost faith in mankind as it is already.

Anonymous 09/07/2011 4:56 PM
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gnookergi 09/07/2011 5:14 PM
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So does that mean Nintendo can sue Sony for using a wand controller for Move? Clearly that copies the Wii mote.

Anonymous 09/07/2011 5:16 PM
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@Katzie

Patenets were not designed as offensive measures to deny another company access to technology that you yourself never intend to use, in short, you can not sue someone over a patent that you had no intent of developing further, the intent of a patent is to further develop a concept for commercial applications (whether you intend to use it yourself or license it out), you can not just sit on a patent waiting to catch someone off guard who might use a similar idea

someone needs to teach the patent office what it was originally setup for

back_by_demand 09/07/2011 5:18 PM
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Quote :A portable electronic device comprises a display facing in a first direction, a video camera facing in a second direction substantially opposite to the first direction

So basically every smartphone ever made?
Good luck with that one.

Dragoza 09/07/2011 5:20 PM
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Well 2011 it's the year for hacker and for lawsuit I Presume!! Everybody try to get paid with some little effort!

Miharu 09/07/2011 6:26 PM
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Nintendo always have GameCube+Gameboy Advance or Wii+Nintendo DS combo.
So the combo "portable electronic device" is discutable.

I just remember Zelda 4 swords where Gameboy Advance had a different display than the TV.
Did Sony "invent" something there? no.

The Wii U controler is also discutable... it's not a "portable electronic device" as a portable console, it's the controller in this case.
I just hope not see a lawsuit there.
I'm tired to hear Apple arrogant lawsuit with the headline "we invent everything"...

ikyung 09/07/2011 7:50 PM
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Katzie :
Thing is, Sony will never make a console like the Wii U unless the Wii U does so well. So why sue over something you'll never make? I say, you can''t file a patent claim unless you have a timeline (or an average ETA, give or take a few release dates) of your product. Otherwise, you can't claim a patent on something that you'll never create.


Corporations as big as Sony wouldn't sue Nintendo's patent infringement to make money. They will sue Nintendo to delay Wii U sales, thus promoting the PS3. Look at Apple vs Samsung. Do you think Apple is sueing Samsung to make money off the lawsuit? Hell no. They are just trying their hardest to delay Samsung's smartphone and tablet line from hitting retail. Look at the delay the Galaxy line got. There goes potential couple million unit sales just because it got delayed a couple months for some stupid patent infringement. Thus resulting in more iphone and ipad sales because right now there isn't any tablet/smartphone provider that can compete with Apple except Samsung.

captaincharisma 09/07/2011 7:59 PM
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it doesn't matter anymore. you could have a patent for something and never use. why do you think google bought moto? PATENTS!!!!!

TheViper 09/07/2011 8:17 PM
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The concept that the patent is describing is called "Augmented Reality" and it's not something Sony could sue for as there are many patents for augmented reality including those already owned by Nintendo. One of the coolest features of the 3DS is the 3D augmented reality.



Anonymous 09/07/2011 8:33 PM
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uhm just to add, there is a law regarding patents, and delivery. if you patent something and you dont act on it, the other party can go to court and get your patent dissolved if they can make it seem like something common, or in some cases people just wait till companies make the product and then once a million is sold they sue. if you go look at usual rulings you will notice that these people that try to make money this way end up geting paid nothing... yes there are many laws and loopholes regarding patents. but patents with computers gets ridiculous at times, and im scared for my future as a programmer regarding all the patents

Darkerson 09/07/2011 8:35 PM
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There will always be bad blood between Sony and Nintendo. Ever since the failed partnership that would have produced the PlayStation CD add-on for the Super Famicom/SNES fell apart, the two cant help but take jabs at each other any way possible.

SteelCity1981 09/07/2011 9:19 PM
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Katzie :
Thing is, Sony will never make a console like the Wii U unless the Wii U does so well. So why sue over something you'll never make? I say, you can''t file a patent claim unless you have a timeline (or an average ETA, give or take a few release dates) of your product. Otherwise, you can't claim a patent on something that you'll never create.



Because if one company can get away with it then more and more comapnies will use the same technology and make that same argument. So instead of one company ripping off your technology you will end up have many companies ripping your technology off and in their defense they would say well if they did it why can't we...

Anonymous 09/07/2011 9:22 PM
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If Sony does sue the big N, I picture that hack group going after Sony once more.

RazberyBandit 09/07/2011 9:27 PM
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Patents like this one only serve to completely undermine product development.

The patent description itself is a HUGE, vague, run-on sentence that doesn't point to any specific technology, or even any use of their own patented technology or intellectual property within it at all. It essentially says PartA does this and faces away from PartB, which interacts with PartC, taking information from PartA, sending it to PartC, transfers it to PartD... Are you kidding me?

megamanx00 09/07/2011 9:47 PM
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Patent war, imports of wii u and PS3s blocked, and xbox continues to churn avoiding injunctions due to overly skilled lawyers :D.

Wish I Was Wealthy 09/07/2011 10:35 PM
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Here we go,Sony & Nintendo! Just like Apple & Samsung Oh!

fb39ca4 09/08/2011 1:07 AM
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This describes a smartphone augmented reality app that happens to grab images remotely too!

trak74 09/08/2011 2:05 AM
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Apple isn't in the game market, I'd not expect Sony, Microsoft or Nintendo to fall to a level where they are constantly trying to sue each other. Honestly, competition only makes the end product better, whereas companies like Apple just don't want competition, I have faith in our top 3 console developers.

CPU666d1 09/08/2011 3:17 AM
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I read earlier on about apple and samsung,now it's sony and nintendo.

smashley 09/08/2011 6:10 AM
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funny thing is, if i recall correctly, Sony wouldn't be in the console market at all if it weren't for Nintendo. My memory is fuzzy but i think Nintendo had contracted Sony to help them build a CD drive based console, and then scrapped it, and Sony picked up and released it themselves. Sony, you got no class..

zblade 09/08/2011 6:57 AM
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Trak74, I completely agree with you and I doubt that Sony, Microsoft and Nintendo will ever get into a patent battle like apple has with other smartphone makers.

I am pretty sure if Nintendo really wanted to, they could of sued Sony over the Move controller but we all know Nintendo would never do that. I am a Nintendo fanboi and I can't see anyone not look up to Nintendo. I can't recall Nintendo ever doing anything dirty, bad or disrespectful to anyone (unlike a well known company named after a fruit).

tomate2 09/08/2011 7:52 AM
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Hope Apple's strategy in the market is not too contagious.....

lewist 09/08/2011 9:12 AM
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Pre-emptive suing that would be different, Maybe anyone who wins a patent should just target a big company and sue them in advance.

monkey007 09/09/2011 7:14 AM
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@gnookergi and zblade

Nintendo cannot sue Sony over move, wanna know why, well because move was in developement since PS2 days and was patented by Sony in 2000. link: http://goo.gl/DtZIV

Wish I Was Wealthy 09/10/2011 10:11 AM
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Hey! Cool man! It's good that these companies keep lawyers in work. It helps those companies to pay those huge salaries that lawyers get.