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Hillcrest Labs Sues Nintendo to Keep the Wii Out of America
Posted by Adam Frucci at 4:01 AM on August 21, 2008
Now this is interesting. Hillcrest Labs is suing Nintendo, trying to create an import ban on the Wii. They claim that Nintendo is infringing on a number of their patents relating to the Wiimote and the on-screen menu system on the Wii. The whole thing doesn't make a lot of sense to us, as we were under the impression that both Nintendo and Hillcrest Labs licensed their tech from Gyration. We're looking into this now, but I'm going to go out on a limb and say that an import ban on the Wii is pretty unlikely. Hit the jump for Hillcrest's full press release.
PRESS RELEASE: Hillcrest Labs Issues Statement About Legal Action Against Nintendo and the Wii
August 20, 2008 - Rockville, MD - Hillcrest Labs issued an official statement about legal action that the company has taken today against Nintendo(R) for patent infringement. The statement is as follows:
Hillcrest Labs has filed a complaint for patent infringement with the U.S. International Trade Commission (ITC) in Washington, D.C., and a separate patent infringement suit in the U.S. District Court in Maryland against Nintendo(R) related to the Wii(TM) video game system.
Hillcrest's patents at issue are U.S. Patent Nos. 7,158,118, 7,262,760, and 7,414,611, which relate to a handheld three-dimensional pointing device, and U.S. Patent No. 7,139,983, which relates to a navigation interface display system that graphically organizes content for display on a television. Since 2001, Hillcrest Labs has pioneered technology that allows consumers to interact with digital media on television using motion-control and pointing techniques. The company holds 29 patents in this area worldwide, and has filled for more than 100 related patents.
Leading consumer electronics companies, not all of whom have been disclosed publicly, have already licensed Hillcrest's technology for use in their products. While Hillcrest Labs has a great deal of respect for Nintendo and the Wii, Hillcrest Labs believes that Nintendo is in clear violation of its patents and has taken this action to protect its intellectual property rights. Given the current status of the filings, the company will not disclose any additional details about the matter at this time.
Information about Hillcrest Labs and its products are available at www.hillcrestlabs.com
Comments (AU Comments · US Comments)
Paul Sammut
Posted August 22, 2008 5:41 PM
Isn't the dude pictured Ron Jeremy?
I'd prefer to stick to porn!
twilight-arc
Posted 4:56 AM 21/8/08
@majortom1029: The is old joke which goes 'only in soviet Russia', though maybe we need a new one: 'only in litigious USA'?
twilight-arc
majortom1029
Posted 4:52 AM 21/8/08
The problem is that nintendo stated they where working on this tech since 2000. Remember it was going to be an addon for the gamecube. Plus parts of it are lsicenced from diff companies. There is no way for this company to win.
majortom1029
Serolf Divad
Posted 4:44 AM 21/8/08
@Mr.SithNinja:
Hah, tell that to Reseach In Motion.
Serolf Divad
Kaiser-Machead's WALL-E fetish
Posted 4:38 AM 21/8/08
@Lyrai: Ah, didn't think of that at all. Thanks.
Kaiser-Machead's WALL-E fetish
Monty
Posted 4:37 AM 21/8/08
So, given the fact that no one can find a Wii in stock right now, would an import ban actually improve things?
All in favor of getting all patent lawyers together and dumping them in a huge vat of soft brown stuff, signify your apporval by raising your favorite pointing device and tossing it in the general direction of an attorney of your choice.
Monty
PonzioFucetola
Posted 4:35 AM 21/8/08
The ITC system handles patent infringement of imported goods and moves much faster than regular Federal district courts. In response the comments above - please note that in order to bring a case, the ITC requires that the patent holder show economic activity in the U.S. (such as commercializing the patent invention).
PonzioFucetola
LiquidGravity
Posted 4:32 AM 21/8/08
Just replace underpants with patents.
LiquidGravity
LiquidGravity
Posted 4:31 AM 21/8/08
Reminds me of this
LiquidGravity
seamonkey420
Posted 4:29 AM 21/8/08
haha.. no shit.. f#$#ing trolls..
seamonkey420
Lyrai
Posted 4:28 AM 21/8/08
@Sean Harrington: @Kaiser-Machead's WALL-E fetish:
By not having the ability to play CDs or DVDs, Nintendo avoids having to pay the license fees for them. It's a business move on their end that follows Kaiser-Machead's WALL-E fetish's logic: Chances are extremely extremely high something else in your house can already play both of them better than the Wii could. So why pay the fees?
Lyrai
Biscuitcleaver
Posted 4:25 AM 21/8/08
Suing over a design patent is nearly impossible. This is why chinese companies get away with creating RCA branded tv's that look darn near the same as samsung tv's.
Biscuitcleaver
Kaiser-Machead's WALL-E fetish
Posted 4:23 AM 21/8/08
"Wii would like to play"
Kaiser-Machead's WALL-E fetish
Mr.SithNinja
Posted 4:22 AM 21/8/08
Something tells me that the "Big N" has better lawyers.
Better lawyers = win (regardless of right or wrong)
I am sure this will go away quickly either by dismissal, settlement, or ninja attack on Hillcrest Labs.
Mr.SithNinja
VakeroRokero
Posted 4:21 AM 21/8/08
Hope Nintendo sues back and their lose their houses.
VakeroRokero
TBM-Fan
Posted 4:19 AM 21/8/08
This proofs that the patent system has got to be re-developed in the world, cause all those lameness patents should be removed from the world
The only person who really benefits of all those stupid meaningless lawsuits are lawyers, so the lawyers are the laughing third party
TBM-Fan
Kaiser-Machead's WALL-E fetish
Posted 4:18 AM 21/8/08
@Sean Harrington: I think it's just oddly lame that it still can't do that. Just about every computer made in the last decade can at least play a regular audio CD..and countless others that can play DVD's. It jiggers the imagination.
Kaiser-Machead's WALL-E fetish
willyolio
Posted 4:16 AM 21/8/08
@dorylomorphs: the second one's even worse.
"which relates to a navigation interface display system that graphically organizes content for display on a television"
well shit, i think they just patented any and all menus being displayed on TV.
willyolio
Sockatume
Posted 4:15 AM 21/8/08
This is, what, the tenth company to try to get an import ban on the Wii during a patent infringement filing? So far the success rate seems to be zero. Just ignore the patent trolls, they'll go away like the rest.
Sockatume
Sean Harrington
Posted 4:14 AM 21/8/08
@Kaiser-Machead's WALL-E fetish: No, but it sure does give Nintendo an excuse for keeping demand high and prices higher, doesn't it?
And where is Nintendo's MEDIA Channel, dammit? Two years and I can't play a frikking CD or DVD?
Sean Harrington
Con Seannery
Posted 4:13 AM 21/8/08
I love the shortsighted business bullshit. Small nothing companies get tons of overly general patents that they have no means to use, and then sit and wait until they can sue someone. There should be some kind of a time limit on a patent like maybe 1 year from the time of filing, then you have to have a product ready to release or produce.
Con Seannery
doobiebros2two
Posted 4:11 AM 21/8/08
Simple.
The Wiimote lives in a fourth dimension.
Three dimensions...psh...
doobiebros2two
Neverkilled: zombiefied, in the summertime
Posted 4:11 AM 21/8/08
its fun making your patents incredibly vauge!
this company must be comprised of people who have never played a video game.
Neverkilled: zombiefied, in the summertime
Kaiser-Machead's WALL-E fetish
Posted 4:10 AM 21/8/08
@Rabid Penguin: Or change the fact that people will pay the fees to have them shipped to their homes.
Kaiser-Machead's WALL-E fetish
Rabid Penguin
Posted 4:08 AM 21/8/08
Everybody wants their little piece of the pie, don't they...
I don't think an import ban will have an effect on the number of Wiis you can readily find in stores here in the US.
Rabid Penguin
Kaiser-Machead's WALL-E fetish
Posted 4:08 AM 21/8/08
A trillion dollars to the first person who genetically enhances their chinchilla into a Pikachu and shocks the shit out of whoever came up with this suit.
Kaiser-Machead's WALL-E fetish
Lev_Astov
Posted 4:07 AM 21/8/08
Yep, the patent system is pretty broken. Sad.
Lev_Astov
dorylomorphs
Posted 4:05 AM 21/8/08
handheld three dimensional point device? so they have a patent on my dick. awesome
dorylomorphs
Bokusatsu_Tenshi
Posted 5:15 AM 21/8/08
The way Wiis are selling, if Nintendo decided to shape it like a huge pink dildo or, as fellow company Taito would put it, shape it like the twin towers being attacked by aliens, the console still wouldn't be banned.
In the end, it's all about money.
Bokusatsu_Tenshi
Bokusatsu_Tenshi
Posted 5:12 AM 21/8/08
@twilight-arc: In litigious USA, WII BANS YOU!
Bokusatsu_Tenshi
Joolz
Posted 5:41 AM 21/8/08
Ya know, I think I prefer Mario in pixels... That guy is more than just a little creepy...
Joolz
jfherring
Posted 5:41 AM 21/8/08
I wonder if I can get a patent on the patent process...
jfherring
jjdaddyo
Posted 5:40 AM 21/8/08
Is that Ron Jeremy dressed as Mario?
jjdaddyo
pyrokotik
Posted 5:38 AM 21/8/08
has hillcrest labs actually made any products or are they just fucking lawsuit mongers? shit i bet they have the same lawyers that work at the RIAA
pyrokotik
Gadgetdon
Posted 5:24 AM 21/8/08
While these may be very generic patents...they may be more specific, and apply to the WAY the Wii tracks three dimensional tracking.
For example, if their patent has a bar above the screen sending out IR signals, helping align the controller, assisted by momentum tracking, Nintendo may be in trouble (unless they can point to prior art). It's the IR bar that was the technical breakthrough for the Wii's controls.
It may just be a general patent that sort of applies. But just because there are some bad patents and some abuse, doesn't mean that every patent is a bad patent.
Gadgetdon
ConstyXIV
Posted 5:23 AM 21/8/08
@Mr.SithNinja:
If Nintendo has big lawyers, Anascape had bigger lawyers.
ConstyXIV
surfjim
Posted 6:09 AM 21/8/08
Oh wait, you mean there isn't already a ban? I still can't find a Wii :-(
surfjim
DozeUser
Posted 6:08 AM 21/8/08
@LiquidGravity: Nice man I totally agree, as a side note that picture just made my day. Now to work :( wait there goes my happy.
DozeUser
unibrow4o9
Posted 6:05 AM 21/8/08
@jfherring: I'm sorry, that's already been patented. However, you could look into patenting a patent that patents a patent to patent the patenting process.
unibrow4o9
neuralien
Posted 6:02 AM 21/8/08
@Joolz: Ron Jeremy's not little
neuralien
gizmodohomepage
Posted 6:32 AM 21/8/08
Um, aren't they a few years to late to all of a sudden have wild hair up their ass? If I were the judge, I'd be like "Hillcrest, you're about 2 years too late, this has been out for a while."
$100 says at least 1 Hillcrest employee owns a Wii.
gizmodohomepage
jfherring
Posted 6:58 AM 21/8/08
I just came up with a better idea. Instead of patenting the patent process, I'm going to apply to patent the process of coming up with idea's. So if you come up with a fabulous idea for free renewable energy and how to grow food everywhere and want to give it to the world for free, I can sue the crap right out of you! Patent Pending, so don't even try it!
jfherring
VakeroRokero
Posted 7:54 AM 21/8/08
@Bokusatsu_Tenshi: In litigious USA, A company wants to ban "Apples" from being called "Apples".
VakeroRokero
AJ_Syrinx
Posted 2:06 PM 21/8/08
Can we just stop it with the RJ picture?
AJ_Syrinx
Worf
Posted 3:37 AM 22/8/08
@VakeroRokero: Except that's Trademark law, which is different from Patent law.
Trademarks: You must enforce your trademarks, which may involve suing people you really don't want to sue, just because they're using your trademark. If you don't, then anyone can come in and use your trademark openly. (See "Escalator")
Patents: As long as they're valid, you can sit on your ass, watch as someone violates it and makes big bugs, then sue them for those big bucks.
Worf
swimbtfly
Posted 4:56 AM 21/8/08
Not to say that Hillcrest Labs' claims hold any weight, but I don't think they are necessarily patent trolls here. They actually have real devices that I saw demoed 3 years ago when I was a senior at Cornell. They worked similar to the Wiimote, and were pretty damn cool. So, they may (and its a big MAY) have a claim here if they were first to invent and file a patent. It should be interesting to see if this actually plays out. Anyway, bottom line - they are a real company with real people working there to develop real products, which is very unlike the situation in RIM vs NTP.
Full disclosure - I am registered patent agent, so tar and feather me all you want.
swimbtfly