At the time it was just one of a whole pile of companies who tried to jump on the bandwagon and sue Nintendo over one aspect or another of the Wii, to be honest this is something that unfortunatly happens someone strikes gold with a great concept or product and other companies crawl out of the woodwork like cockroaches claiming patent infringement and trying to get there hands on some of the cash. Most of these kinds of lawsuits usually end up going nowhere, in honesty most of the time I hear about them and just sort of snort oh great another patent troll and then forget about it however this time things have been a little different. Nintendo have lost this time and have just got ordered to pay iLife $10 million (£7.734 million) by a Texas court, this is not nesciserily the end of the story though as Nintendo have said that they are going to appeal the verdict and that there not done fighting yet.
On Aug. 31, 2017, a jury in Texas found that certain Wii and Wii U video game systems and software bundles infringed a patent belonging to iLife Technologies Inc. This patent which Nintendo apparently infringed upon is one relating to being able to detect if a person has fallen down. The motion sensing technology iLife created and patented was made to detect if an elderly person unexpectedly falls, and also to try to help prevent sudden infant death syndrome. Yes this technology is great in that its trying to help people and increase there quality of life however personally I have issues with the fact that iLife believes their patent covers other uses for the technology. I have read the entire patent and I agree with Nintendo who believe that these other uses are not covered, and that the patent was written in such a way as to be invalid. The patent uses a lot of very open language and terms in a way which I feel it was constructed in an attempt to let it possibly apply to far more than it really should.
It is interesting to
note that this is not the first infringement lawsuit ilife have
filled in regard to patents. In 2012 they filled 4 different lawsuits
on similar lines to the above. They try to claim they are not patent
trolls because of the fact that they have actually researched
developed and sold there technology. I would argue though that just
because you have made and sold stuff it doesn't automatically mean
that you cant do a bit of trolling on the side does it? I also think
that they try to hide behind the fact that there technology is made
to help children and the elderly but lets remember they don't give it
away they sell it there a business not a charity so I don't think
this should be allowed to work as a shield for them.
So although Nintendo is
appealing the ruling, this might be the first company to successfully
take some of Nintendo's sweet Wii money off of them, it might also
encourage more companies to jump up and decide they can claim this or
that has been stolen from them. I think this story has most definatly
become one to watch.
It is important to note
that despite being awarded $10 million in damages iLife didn't come
to court asking for $10 it was actually seeking $144 million (£113
million). I bet they are more than happy with the outcome though. In
an ideal world what would I personally like to see happen? Well I
would like to see the verdict overturned and see iLife told to shove
there claim up there ass, I would like to see Nintendo paid for there
trouble and then I would like Nintendo to do the right thing and give
whatever they are awarded to a charity. Nintendo actually do a lot
for charity and this is coming from me a writer who quiet often gives
Nintendo a darn good kicking for there occasional stupidity. Nintendo
support the Starlight Children’s Foundation and the Make-A-Wish
Foundation amongst others.
It will be interesting
to see this one play itself out.
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