Immersion famously sued Sony and Microsoft in 2002 over various vibration functions in their controllers, a suit which Microsoft settled and Sony fought for five years before eventually bowing to Immersion's patent claims. Now, it appears that a patent case with an odd symmetry to the Immersion one is heating up, according to Patent Arcade [thanks Kotaku]
Peter Hochstein and Jeffrey Tenenbaum patented a method for "communicating live while playing the same video game in separate locations" in 1994. The two men then sued Microsoft and Sony for Xbox Live and the PS2's online network; Sony settled the case in April 2009, but Microsoft is still fighting against it.
Microsoft has been chastised by the court a couple of times during this case, once for filing an objection over a single typo and later by submitting 140,000 documents to Hochstein without any index, causing the court the ask Microsoft to explain why its counsel shouldn’t be sanctioned “for unreasonably and vexatiously multiplying the proceedings.”
It'll be interesting to see how this case turns out, though considering the legal flimflam that Microsoft's lawyers have already pulled, it sounds like they're just trying to buy time, and that's not a good sign for Microsoft's case.
4 Comments
July 2, 2009
Patent trolls are the lowest of the low.
July 2, 2009
If Sony was so quick to settle out of court, then maybe it's not simply a "patent troll." Immersion wasn't a patent troll.
July 2, 2009
After reading the entire patent arcade document as well I have to admit I find the plaintiff's claim a little bit unsustainable ok so microsoft aren't right for doing the document dump and objecting over a typo however looking at this thing, the plaintiff asks for a permanent injunction and treble damages from the companies that is just mere money grabbing next he'll be filing against Ventrillo and other gaming communication setups heck me and my friends have on the PC been known to "call" each other on msn or skype and chat there whilst gaming is he going to sue MSN messenger next? Also the request for an injunction is pretty implausible so he what wants Microsoft and Sony to pull the plug on Xbox/PSN communications? he can't seriously expect this. As a side note I actually agree with the point Microsoft make about clause 39, the special master has provided a different construction to what I would have and I am sure many others. Microsoft can afford a hit yes but I doubt if the guy's case will stand up to much against Microsoft Bill Gates is just too rich if he thinks he's losing he'll throw the guy a couple of million and tell him to disappear.
July 3, 2009
James, waiting 5 years is not "quickly settling". Also, Sony probably didn't want another $100 million+ judgment against them like in the Immersion case considering Sony is in deep financial trouble already.