Earlier this year, Nintendo was on the receiving end of a ruling that the company's GameCube, Wavebird and Classic Wii controllers were in violation of a patent filing dating back to 2000 for a "3D controller with vibration." Judgment in the case ruled that Nintendo owes $US21 million in damages to Texas-based firm Anascape Ltd. Today, it would appear that the company's misfortunes aren't over, as Motiva, LLC, a "small Ohio technology company," also claims Wii patent infringement.
Motiva claims that Nintendo's Wii technology is in violation of a patent it holds for "a 'Human Movement Measurement System' comprising a hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience." That patent application was filed in July 2004 and granted November 2007.
The 'Human Movement Measurement System' application can be read at Google Patents.
The silver lining from the case is the hilarious quote from attorney W. Mark Lanier, who represents Motiva: "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."
It also doesn't give Nintendo the legal right to stomp turtles, assault Moblins or deliberately trick us about their gender by wearing asexual bounty hunter space suits.
The Lanier Law Firm Announces Patent Infringement Lawsuit Against Nintendo Over Wii Video Game Technology
TYLER, Texas, Nov 11, 2008 — Attorney W. Mark Lanier of The Lanier Law Firm is announcing a patent infringement lawsuit filed against Kyoto, Japan-based video game giant Nintendo Co. Ltd. and its U.S. subsidiary on behalf of a small Ohio technology company based on claims that Nintendo infringed the company's patented technology to produce the popular Wii video game.
The lawsuit, Motiva, LLC v. Nintendo Co., LTD, et al., No. 6:08-cv-429, was filed in the U.S. District Court for the Eastern District of Texas/Tyler Division on Nov. 10, 2008. Dublin, Ohio-based Motiva is represented by W. Mark Lanier, Christopher Banys and Daniel Bedell from The Lanier Law Firm, and Wesley Hill from Tyler's Ireland, Carroll & Kelley.
The Motiva patent, U.S. Patent No. 7,292,151, was granted by the U.S. Patent and Trademark Office in November 2007 following a patent application filed in July 2004. Nintendo began selling its Wii video game in November 2006.
The asserted patent involves technology used to create a "Human Movement Measurement System" comprising a hand-held tracking device in communication with a base station that can be used to create an interactive gaming experience, among other capabilities. Nintendo's Wii video game system uses an interactive hand-held remote in communication with a base station to reproduce users' movements on televisions and other display screens.
"Using someone else's technology without permission is theft," says Mr. Lanier, counsel for Motiva. "Nintendo makes video games where you get to play a thief, but that doesn't give them the right to be one."
In May of this year, Nintendo was hit with a $21 million patent infringement verdict in the U.S. District Court for the Eastern District of Texas/Lufkin Division. In that case, jurors found that Nintendo infringed several patents to produce the Wii remote control device.
With offices in Los Angeles, Palo Alto, Houston and New York, The Lanier Law Firm is committed to addressing client concerns with effective and innovative solutions in courtrooms across the country. The firm is composed of outstanding trial attorneys with decades of experience handling cases involving personal injury, pharmaceutical liability, asbestos exposure, intellectual property, business litigation, product liability, toxic exposure and maritime law.