Why can't Nintendo just sue Sony for imitation?

[mike_intellivision]

SpartanFX said:
the very first answer ended the thread ,,,


an idea is not patentable.method is.Sony's method for motion control is way different from nintendo's.

now later in the thread you talk about design infringement(the way they look).My answer is that first sony hasn't even revealed the look of the thing ,,second that is one of the most obvious thing that sony will make sure it looks different enough.The glowing ball alone makes the design infringement case pointless.I know cause i have taken the patent course in UNI.

 

Below are the three types of patents in the US (from the US Trademark & Patent office)

http://www.uspto.gov/patents/process/index.jsp

 

• Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;
• Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and
• Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

 

Obviously, Nintendo does not have a plant patent.  It probably has a design patent -- and only some internal parts may be similar. The question is whether or not it has a utility patent which could talk about using controllers to track motion.   My guess is that it probably does not -- this is based upon the experience with the D-pad. Similar products doing the same thing were allowed but they had to differentiate themselves from Nintendo's patented design.  Thus, only an examination of the finished product will determine whether or not there is anything to litigate.

 

Mike from Morgantown