That actually doesn't matter for patent cases.  What matters is the initial filing date of the patent.  In this case, that is May 2005.  After that initial filing, it takes years of going back and forth with the patent office.  This patent was not offically approved until June 2010.  Once the patent is officially approved, you can sue anyone going back to that initial filing date.  Since the Wii came out after that initial filing date, they can sue Nintendo.

I still think they are going to get smacked down hard.  I will expand on this in my next post.

It was the Tokyo Game Show on September 14, 2005.  The Wii was unveiled at E3, but the remote was still secret.

This suit is still going to lose though.  Here are a few reasons.

1. From UltimatePointer's patent:

"1. Field of the Invention 

The invention relates generally to devices for making presentations in front of audiences and, more specifically, to devices and methods for making presentations for which interaction with the displayed information through direct-pointing is desired or for which verbal interaction with the audience may be anticipated."

That has nothing to do with the Wii.

2. From the Background Art section of UltimatePointer's patent:

"introduction of wireless pointing devices such as the GYROMOUSE, as manufactured by Gyration, Inc."

Nintendo licensed several Gyration Inc. patents in developing the Wii remote.  Nintendo already covered themselves there.

3. The patent seems to make a big deal that it is a direct pointing system.  I would argue that the Wii remote is an indirect pointing system.  You are pointing at the Sensor Bar, not the actual screen where your pointer appears.  You could actually have the sensor bar to the left or right of the TV, it would just feel weird to use that way.

I would say that judging by the number of lawsuits that UltimatePointer has filed, they are just looking for a bunch of settlements.

(Oddly enough, Nintendo's patent for the Wii remote was not filed until March 2006.  Weird.  Also, it is disgusting the number of times Nintendo has been sued over the Wii remote.  I didn't realize how many it was until I spent a few minutes Googling this crap.)

spurgeonryan said: I mean  how long can people wait before they so someone! The wii has been out for a while now. Whatever! Lets see what happens. I say settlement.   http://www.joystiq.com/2011/09/27/ultimatepointer-files-patent-lawsuit-against-nintendo-and-uh/   UltimatePointer files patent lawsuit against Nintendo, and, uh, everyone else by Ben Gilbert on Sep 27th 2011 1:00PM 35  It's been kind of a while since Nintendo was sued by someone for purportedly infringing on existing patents, but UltimatePointer LLC is doing just that in a complaint filed just under two weeks ago. The Texas-based LLC claims that Nintendo's Wiimote conflicts with its own patent (no. 7,746,321) for an "Easily Deployable Interactive Direct-Pointing System and Presentation Control System and Calibration Method Therefor." While UltimatePointer's patent was filed way back in May of 2005, it didn't actually receive official status until June of 2010 -- approximately four years after Nintendo launched its Wii console in North America. Bizarrely, UltimatePointer is also suing, like, everyone else even remotely involved with the Nintendo Wii. The complaint notes that the various retailers listed (in addition to Nintendo of Japan and Nintendo of America) are liable due to sales association. In so many words, the retailers were involved in the "making, using, importing, and/or selling" of Wii "systems, games, and related accessories (the 'accused products')," and therefore are just as liable for patent infringement as the hardware manufacturer. Even more bizarrely, the list of defendants includes a scattershot of retail chains in the United States that sell various Wii hardware, including places like QVC and Tiger Direct, but not, say, Amazon or NewEgg. The complaint doesn't request a specific award should UltimatePointer succeed, instead asking that Nintendo of America pay "a reasonable royalty" due to the alleged infringement, in addition to lawyers/court fees and "enhanced damages" owed.

Thanks you for sharing


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I see it now. Well then, this should get interesting.

Jeez, with all this Patent hogging, i actually prefer how they do it in East nowadays, not a single person cares about patents and counterfeit products are just.... counterfeit, they don't effect the original ones what-so-ever, even though they steal it's idea, all this patenting is making development of products really slow in my opinion, now people care more about not upsetting another company than making a good product.

lol then you can also say good riddance to America's 2nd largest oil producing state and say hello to more dependence on foreign oil. 

lol well ehem good luck to them then :P

No need for Texas, you have Alaska, then you have pretty much the entire coast for offshore drilling, so FUCK Texas, there I hope you like it. Mexico can have them back for all I care, California has more significance anyways so we can keep that. Plus there are several more places within the US we can get oil from that the government doesn't tell you, but I'll leave google, or gibiru, or bing to help you with that one.

According to Wikipedia (shit source but I didn't feel like spending a lot of time on research) Texas has more oil than Alaska. And its Louisiana that has the most (from the gulf coast I guess). 

who cares release a new Pokemon game then they will make 12 million in a month