Andre Yoskowitz
23 Jul 2008 16:05
Nintendo has lost in their attempt to have a patent-infringement verdict overturned and are now facing a US ban on their Wii Classic Controller, WaveBird controller and Nintendo GameCube controller.
Last month, the privately held Anascape Ltd. won the infringement case against the video game giant and yesterday U.S. District Judge Ron Clark through out Nintendo's request for a new trial in the case.
The injunction will be put on hold however while Nintendo appeals the case to the U.S. Court of Appeals for the Federal Circuit. Nintendo will have to put royalties in an escrow account however or the ban will go on as planned, appeal or not.
"Nintendo was already planning to appeal this case to the Federal Circuit court," Nintendo spokesman Charlie Scibetta said. "The recent ruling by the trial court does not impact that decision."
Scibetta added that once the royalties are posted, the company will "immediately appeal" the decision. The company has since discontinued making the GameCube and WaveBird controllers but the Wii Classic Controller continues to be a big seller.
Fortunately for Nintendo, the Wii-Mote and "Nunchuk" attachment were found to not violate the patents involved in the case. The patents covered "certain configuration of the remote to control six types of motions at the same time" and were developed by inventor Brad Armstrong of Anascape.
The company wanted the injunction on the controllers because Anascape wants to enter the market and believes "Nintendo has clogged the channel." Sony licensed the patent in 2004 and Microsoft settled out of court in May to avoid a trial.