@Maldron: for a bottle of jack, i'll represent you in court. 's my final offer.

TheIrishNinja

@Antiterra:

Hah.

SG_Mahonay

@Maldron:
@Antiterra:

Your comments just earned you my follow...ship. You both made me lol. Thankee.

Murgatron

@hk458: Make a white box that runs off the souls of third world children, then patent it and Nintendo will be ruined! Its like Coca Cola and their secret recipie, once patented they're borked.

<3 Coca Cola <3

Gantz: Your Trusted Friend in Science.

hahaha You're a year too late to even try! Bitch!

Gantz: Your Trusted Friend in Science.

@Antiterra: Lol.

Green-clad Gamer Dude

- So, you're claiming that Nintendo stole your technology.
- Yes, your honor.
- And you filed a patent for that technology in 2005.
- Absolutely, your honor.
- But that's one year after Nintendo released their device.
- *mumbles*
- I'm sorry, I didn't catch that.
- I said: "time paradox".
- Time what?
- Time paradox, your honor. Like, if you kill Ocelot in MGS3, then Campbell calls on the codec and... and... WHY WON'T YOU GIVE ME MY MONEY ?!?!!

Antiterra

@bigman88zz: Sadly, I believe that that is a man.

Garnan

the woman in that picture looks like shes drunk gambling

bigman88zz

wait WHAT?! i have a patent for the exact thing from 2006! i should sue his @$$!

shichi

You have your dates a little mixed up. That doesn't matter. it is a continuation patent dating way back. So while it may be a stupid claim, it isn't barred because of the dates.

n99y99r99

This guy has a head full of fail.

SG_Mahonay

@Green-clad Gamer Dude: I think it's more likely his lawyer thought he/she could make a quick buck off of this guy's stupidity.

sarcasmOD

I am going to go patent a "White box of happy joy" and sue the hell out of Nintendo.

Im sure I have a chance on getting some money out of them.

hk458

Luke just reminded me I'm about to finish Phantom Hourglass. :(

I wonder if this guy seriously thought he'd be able to make a quick buck off Nintendo. I don't think he thought his cunning plan all the way through.

Green-clad Gamer Dude

@Maldron: ZING!!!!!! LOL

MURDERFACE

"Is your gambling problem eating away at your savings for that sex change operation? If so, call 1-800-IM-FCKED"

sisedi

We will never get all release video games that were used for every nintendo consoles, unless we import.

sladee

Damn Patent-Trolling....

Solitary_Satellite

So, what, does this mean Nintendo can counter-sue? Maybe this'll pay for the other suit...

Whyspir

Its America, people want to make a quick buck.

SnakeEyez

That picture makes no sense.

Roto13

@SirFenwick: Well I hate uppity elitist British lords. So there. Also: Suing you.

Maldron

HAHAHAHA the things people do (or pretend to do) and say for money....Priceless!

MURDERFACE

More things in life need to be concerned with male cheerleaders.

metadae

I hate lawsuit happy Americans.

SirFenwick

What an idiot.

KingBroly

even assuming the original 1995 patent specifies a touch screen gaming device, it's highly doubtful this will stand up in court.

Commercial touchscreen devices have been available since 1983, and I guarantee you a touchscreen has been hooked up to a computer capable of playing games or whatnot or another.

Thus even the 1995 patent can be predated. Never mind the fact that it sounds like it was talking about gambling, not actual video game use.

WolvenOne

does anyone have a patent on toilettpaper? if not , ill patent it and sue your arses °-°"

ibunkun

Oh God... Reggie should represent Nintendo in court, he'll settle this either way if needed.

We all know that he's about kicking ass.

RandomPoltergeist

@Roto13: You know what? You're absolutely right, that picture doesn't make ANY sense. How is the user supposed to view the screen through that table?

Doesn't look like a DS or anything similar, this guy would have more of a chance suing Microsoft for their new touch table (by more of a chance, I mean no chance either), get the fuck outta here.

DigiMish

@Terance!: Also, this shit happens everywhere. I'll never understand how EVERY TIME a post involving America pops up, some douche always pops up and goes "LOL AMERICA, YOU PEOPLE ARE TEH LULZ".

Seriously. This is the worst thing to happen since comments were introduced. It's like Kotaku is a magnet for the anti-american brigade. And then they have the nerve to call us rude. Kotaku should go back to invite only commentary privileges.

NoBullet

@TheIrishNinja: Sold. I will buy you a hotel bar-sized bottle of Jack.

Maldron

@Antiterra:

"That's the Nintendo DS Snake, It's touch screen technology is a big hit with all ages!"

"You don't say..."

"Did you know I originally designed it?"

"Huh?"

"Yeah, only I didn't patent it until it came out."

"Yeah, and the overuse of nanomachines to explain the plot was awesome"

"What Snake?"

"Augh...nothing Otacon.

Terance!

Clearly, this patenet is non-applicable to the DS. We can all see that with Fig. 58, Davy Crockett must be present in order for the gaming device to work.

barktwiggs

@Antiterra: I would like to hire you to come up with the grease for the wheels of my fiendish machinery. I want to use time paradox now to justify a life of villainy.

wild homes gets retconned!

Not every lawsuit is a terrible one, patents exist for a reason, and with it ORIGINALLY being from 1995 it COULD work out.

The only problem is, he'd have to prove past the gambling/GPS side, and since more courts will have people older than most DS players, it's safe to say he might win.

Also, this shit happens everywhere. I'll never understand how EVERY TIME a post involving America pops up, some douche always pops up and goes "LOL AMERICA, YOU PEOPLE ARE TEH LULZ". While so far this has barely happend in this topic, if even really at all, I expect to happen.

Primitive strike etc.

Terance!

While I understand the purpose of a patent, I think a lot of them are way too vague. If they were to submit schematics or something along with the patent then I'd put more stock in these suits, but a lot of these just seem to be ideas that they hope to do something with eventually.

Like Anascape. I don't see why they should be able to sue Microsoft and Nintendo (and win) when they haven't produced squat. Google Anascape and all you get are references to the lawsuit.

DarkLinkinfinite

Also, the DS and gambling? Puh-lease! When the DS wants money, the DS prints it - it don't need to gamble for it.

@wild homes gets retconned!: I'll take the job, but I need Thursday nights off for bingo. I also want stationery embossed with unicorns and a company tricycle.

Antiterra

I hope it doesn't stand up. I really hate the patent system sometimes. That is one sweet chair she is sitting on I should get one for my desk.

Greg
[www.caffeinatedgames.com]

CaffeinatedGuy

so its Nintendos turn now to get all these crazy lawsuit since theyre the leader in the market now.

darktorns

You know what, I think I could come up with a patent for a roller coaster train which features seats which feature controlled rotation on the X, Y, and Z axis that's independent from any movement and/or track direction. Now all I have to do is wait for an amusement part to make a roller coaster that spin the seats during the ride, and I'll be able to cry my way to the bank... any idea what the legal fees are just on the lawsuit itself?

bugashi

I'm going to sue the illustrator of the patent diagram for infringing on my right to not be forced to spit on my own computer screen and clean it off.

marmidukestank

The one legged smiling woman against Nintendo.

sofiabudapest

@Antiterra:

honestly that was my favorite part of mgs 3 (though i will admit i never beat it, got stuck, then distracted, then mgs4 came out >.>)

i'll get around to playing through it proper one day....

demonknightinuyasha

@darktorns: Pretty much. I reckon the sharks can smell the fattening industries and are always there to latch onto whatever company seems ripe for the bleeding.

Don't get me wrong, I'd be glad if this were protecting something that was actually infringed upon... but I can't imagine this is ever the case.

Ampillion = That Man.

I should patent flying cars, i will be rich when they make one.

Krumm

I would really like to know what's going on in that patent picture. Really.

MykalBloom

I notice that this thread has filled with people bashing patent law without any real understanding thereof, as is usual I guess. Patent law isn't perfect, but in general, you just have to learn the system--I would have imagined gamers would be the most likely to understand this concept?

There are a few bad apples that seemed to have spoiled the bunch, but I'm at a loss to explain where all this vitriol is coming from.

@DarkLinkinfinite: Most patents do have schematics, more or less. Patent submissions generally include an implementation, or embodiment as they're usually called, of the invention in addition to the "vague ideas." You can submit the vague ideas on their own, but they're pretty weak by themselves.

celery

@Terance!: No. They happen in America because the American patent law sucks. Yes you can patent in every country but only in America they give patents out so easily. Listen to Lawrence Lessigs "Free Culture" keynote from OSCON 2002 [randomfoo.net]
and you will see why patents and copyright are a faulty concept.

Garo

Does this mean he can also sue the Apple for making the iTouch and the iPhone?

I mean why stop at Nintendo?

suya123

Honestly, touch screens and motions sensors were going to happen in a matter of time anyway.

Now that someone actually went of and did it, the people who hold these patents are getting pissed that they're not getting money off these ideas.

It's times like these where that line, "You snooze, you lose" really comes into play here.

Wolfenburg

@celery:
Does this also apply to software patents?

Garo

so let me get this straight, he tries to patent a touch screen game system in '95 ... works on this drawing for 10 years, and then takes a 4 year vacation where he misses out on the DS entirely.

I think he's just pissed that stoned transvestites would rather play the DS

tehGloom

Can you patent foodstuffs?

Cheese and toast.

Ryumeka

Fuck these goddamn patent whores. Something needs to be done to put a stop to this.

The Magnificen7

@Terance!:
To be fair it generally happens A LOT more in the States. It's not as though you're losing out in the frivilous suing stakes to the lawsuit happy Uzbeks...

KeyonSumner

Poor US-Americans. Whenever it comes to stupid lawsuits some European jerk comes around the corner just to point at you and calling you stupid.
I commiserate with all of you.

Mokka

They should put more stakes on the line for such patent things.

If you lose your patent challenge, you should receive 50 lashes.

DRaGZ

It's not going to win and if by god, a judge does rule it in his favor, Nintendo can just move on up to the next level of the legal system.

His attorney needs to be lashed, because this smells of someone looking for some quick cash. It doesn't work like that.

Foxstar Sixtail

It really annoy me how many people sue because of patents. Did this guy ever use his? If you don't use them then you should lose them.

Xcite79

I found it quite easy to understand the drawing

fig. 56 is an old cabinet found in a skip
fig. 57 is a large piece of mdf to keep it balanced.
fig. 58 shows how wearing a bad wig makes you look like a man.
fig. 59 is a chair
fig. 60 is a wire connected to the "system operator"
fig. 61 is one of those trays stolen from the back of an airplane seat
and fig. 62 is the hinge for said tray.

Quite genius I say.

holytramp

I think any one who gets a patent, should have to show a working product when they do. It would keep the patenting of ideas that can be sued over later to a minimum.

EmeraldDragon

touch screen gaming was inevitable.

If i were him i would admit defeat. He can't deny that nintendo did it well and indeed, better than he ever could.

Ahmunnaeetchoo

How could a patent for a gambling device with a touch screen linked to a system operator have anything to do with the DS?

Especially when the patent was filed a year AFTER the DS was released?

Color me boggled...

phor11

People will do anything to get more money even if it reqires harming others.

This guy is an idiot.

fenderfuel08

*Nintendo holds up DS* OBJECTION!

pkmnSilver

The sheer ignorance of this thread is simply astounding.

First: The patent application in question was granted in 2005. It was actually filed in 2003 though, before the release of the DS. Furthermore, this point is irrelevant, because as others have stated, Martin has a priority claim dating back to 1995.

Second: The suit isn't just "DS stole my idea". Patents are a Constitutionally guaranteed right, within the limits of specific rules regarding form as specified by Congress. Specifically, the actual patent is given to a series of statements outlining exactly what the applicant's invention is. The use of the device for gambling or whatever else is irrelevant.

In this case, Martin didn't just apply for a patent on "touch screen gaming", the way most of you seem to think. His patent is actually for the two claims listed on page 14 of the PDF (starting at the bottom of column 11).

point09micron

@point09micron:
I'll give you that, but his claims are fairly ludicrous. From the looks of them it seems he's just tried to patent touch screens with buttons on them, and I'm pretty sure those have been around for ages. He might have something on the pointing device though.

Odin

@Terance!: I think you mean "Preemptive Strike". A primitive strike would be something you do with a club. A preemptive strike would be something you do in anticipation of another outcome. You could, however, also do a primitive, preemptive strike and shout "UG!" while clubbing the inevitable tards that come in here to LOL AMERICA LAWSUITS HUR HUR!

Mansteak

@point09micron: I know the feeling--95% of comments to any post about patent law on any gaming website are completely ignorant.

The actual allowed claims in the patent, which are the inventions actually covered, are best described by the flow chart on the front page of the patent. Cross-posting from my comment at GamePolitics, what's covered by the claims is (translated into English):

A touch screen device with buttons,
displaying buttons,
allowing the user to touch slightly outside the displayed button,
highlighting the button when the user touches it,
treating the button as pressed when the user lifts his finger, and
allowing the user to cancel selection by sliding the finger outside the first button, and activating another button if the user slides into that button

That's the first claim; the second is directed to the same process but for a mouse-controlled or other pointing device.

It's a blindingly obvious patent to anyone who knows anything about user interfaces, and will probably be held to be invalid. The part of the claim that distinguished it from the prior art was allowing the user to select a second button without lifting the finger/pen. Yes, this is what passes for inventive originality at the patent office these days (sigh).

Edgehopper

Yay! More gorgeous patent art! I just love these doodles, they are so bad. -_-

ara

Funny how it's fair game when Sony is the target, but heresy when Nintendo is the target.

SolidSlug

@SolidSlug:
If you are talking about the lawsuit on the rumble tech, wasn't Sony the only one who had refused to settle until later? And ya that TOTALLY looks like a Nintendo DS. And yes America should take the heat for these patent trolls because they do award money to these idiots who create patents with no intention of ever creating a product. I suppose it keeps people hopeful in cashing in and keeps their court system alive.

Astrodust

Wow I'm glad he used his patent and actually BUILT said gaming device. Does it look just like a DS????

Zarian

@celery:

You make some good points but even those who don't know the system can often tell when someone is just trying to cash in and abuse the system. If idiots are able to cash in on stuff like this then they really need to change the system.

Kind of like the other lawsuit against nintendo because there was a patent that stated something like "an electronic device with a trigger" as if their hasn't been any of those before nintendo did it. But if I'm remembering right they won a bunch of money from nintendo.

nightshade71986