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Forums - Nintendo Discussion - Lawsuit filed against Nintendo over Switch’s detachable controllers

VAMatt on 11 August 2017

There are probably a bunch more lawsuits around the Switch. These companies are always in court, fighting eachother.

Intellectual property "rights" are a joke. Ownership of an idea is just some government created bullshit to protect big companies from competition. Of course, Nintendo takes advantage of IP protection laws too, which makes them no better than Gamevice. So, I have no sympathy for them.



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Nuvendil on 11 August 2017

 

Insidb said:
dongo8 said:

There is almost no way Nintendo loses this lawsuit. Even if the joycons are designed similarly, they are solely for the Switch system. They are not taking ANY sales away from this company as their devices are for tablets. Just because the Nintendo Switch has better games, is better marketed, sells better, plays better, and has maybe swayed people to play it instead of mobile tablet games does not mean that you should sue them to try and keep your company afloat. I have literally never even heard of Gamevice, so maybe instead of blaming another company, they should work on getting their name out there and market instead. Nintendo is going to win this lawsuit without much of a hassle.

That's not how this works; if the scope of Gamevice's claims are broad enough, they encompass the Switch Joycon design. If Nintendo has a narrow claim for usage for a device for their system and the same for Gamevice, then there is no overlap of disclosure. 

Issue is, they already admit their patent is narrower than this suit implies by indicating the use of a bridge joining the controller halves together, making them one device and are having to try and argue that the Switch's metal frame acts as the bridge even though it serves no such function and doesn't change the fact the Joy-Con are independent devices.

And that's just what they outright admitted in their own filing.



jonathanalis on 11 August 2017

well, you cannot share the play with it.
nintendo can claim this differential.



deskpro2k3 on 11 August 2017
Nuvendil said:
deskpro2k3 said:

doesn't matter what features it has. Example: In 2011 Apple sued Samsung claiming they "copied" the designs of the iPhone because the curves on their phone looks similar, and won.

I think Wikipad might have a case here.

Ok that's actually not what happened, at all.  Samsung were and remained to my knowledge at war over a large number of software and hardware patents.  In the course of the trials, Apple secured a limited time ban on the sale of 2 Samsung tablets in Germany and Australia on the basis they looked too much like iPads.  

Thing is, 1) this only worked because they were already in a heated, legitimate battle, 2) this was very limited, and 3) the implication of stealing sales by confusing customers can only fly if you A) have actual sales prospects and B) your product and the other one look nearly identical.  This situation is not comlarable in any capacity 

 

the jury bought into Apple's copying claims, particularly around the iPhone, not so much for the iPad;  Apple's claims over rectangles with rounded corners, and technology that is similar with Samsung. Ya nah, I'm not going to debate over this, i just post what I see on forbes. It's either you're right or Forbes is wrong or vice versa.



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Nuvendil on 11 August 2017
deskpro2k3 said:
Nuvendil said:

Ok that's actually not what happened, at all.  Samsung were and remained to my knowledge at war over a large number of software and hardware patents.  In the course of the trials, Apple secured a limited time ban on the sale of 2 Samsung tablets in Germany and Australia on the basis they looked too much like iPads.  

Thing is, 1) this only worked because they were already in a heated, legitimate battle, 2) this was very limited, and 3) the implication of stealing sales by confusing customers can only fly if you A) have actual sales prospects and B) your product and the other one look nearly identical.  This situation is not comlarable in any capacity 

 

the jury bought into Apple's copying claims, particularly around the iPhone, not so much for the iPad;  Apple's claims over rectangles with rounded corners, and technology that is similar with Samsung. Ya nah, I'm not going to debate over this. It's either you're right or Forbes is wrong or vice versa.

Oh that suit.  I thought you referred to their sales ban attempt vs Samsung's tablets, which also happened around the same time.  And you conveniently left out the technology bit so I assumed you were referring to an instance purely dealing with appearance, hence the confusion.



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Azuren on 11 August 2017

I hope it gets resolved. It'd be unfortunate if this lawsuit got what it wanted and Nintendo went out of business over this.



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PortisheadBiscuit on 11 August 2017

Geez here we go again



thismeintiel on 11 August 2017

I would say they don't have a case as I doubt it's the same exact mechanism. Of course, who knows how judges are going to rule. Just look at the dumb iPhone lawsuit Apple won by saying the other phone "feels and looks" like their phone.



 

theRepublic on 11 August 2017
Azuren said:
I hope it gets resolved. It'd be unfortunate if this lawsuit got what it wanted and Nintendo went out of business over this.

You don't need to worry about that.  At most, Nintendo would likely just end up paying out some money.  Their lawyers have been pretty good with these lawsuits against them lately, so they could also just win.



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aikohualda on 11 August 2017
TruckOSaurus said:
You know this might just be a marketing move. I mean I've just watched a 4 minute ad for a tablet/controller that I wouldn't have known even existed if it wasn't for the lawsuit. So win or lose, they get something out of it.

because lawyers get paid minumum wage now....