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

CaptainExplosion said:
Azuren said:

And if the company says "I don't want your royalties", then poof-

 

No more Switch.

Which is why Nintendo can't let Gamevice get away with this extortion.

Unless, of course, Nintendo has actually infringed on something and has cost Gamevice money by giving them the image of a Switch imitator. Then it's not extortion by Gamevice, it's bullying by Nintendo. Let's not just assume that Nintendo is in the right here. Just because you like a company doesn't mean it can do no wrong.

 

fatslob-:O said:
Azuren said:

And if the company says "I don't want your royalties", then poof-

 

No more Switch.

No more Switch in america ... (doesn't mean Nintendo can't sell Switch's in other territories providing they didn't infringe patents in those territories either) 

Besides paying royalties is a relatively small price for Nintendo's size and they could design the Switch without detachable joy-cons to get around the patent issue ...

Fair enough, it could only be patented in America... It could also be patented elsewhere. We'll have to file that under "Known Unknowns".

 

And that would still be a massive undertaking to recall shipped-but-not-sold Switches to redesign them. Enough to put most companies off the idea of trying again.



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Wyrdness said:
Aeolus451 said:

The lawsuit is over detachable controllers designed for gaming that connects to a tablet like device. It's still the same concept and they look the same. The button layout is similar which makes it look like the same design in general. That's enough right there for infringement. 

Gamevice's controllers connect to a variety of devices for gaming while Nintendo's controller section connects to it's version of a tablet for gaming. They don't need to match eachother 100% in everything. 

If gamevice has a design patent then it has a good case against nintendo on this mainly because it's over a detachable controller that's used in a similar fashion to game with. 

Read the actual case they're not suing because it's a controller that detaches they're suing over the mechanism that detaches in other words how it clips together, you can't patent an entire concept as patents require how the concept is being executed.

 There's a reason why I mentioned design patent. I was simplifying it cause I don't like ranting about all of the technical parts. 



Azuren said:

Fair enough, it could only be patented in America... It could also be patented elsewhere. We'll have to file that under "Known Unknowns".

 

And that would still be a massive undertaking to recall shipped-but-not-sold Switches to redesign them. Enough to put most companies off the idea of trying again.

Patents are usually sovereign grants which only affects trade with a specific nation ... 

If a patent is infringed on there's usually no recall since it's presumably settled in court (or outside) between the corporations so customers still get to keep the product in question, it's just that the defendant (Nintendo) hast to pay the damages and royalties (if Nintendo decides to keep detachable joy-cons) to the plaintiff (Gamevice) ... 



Good advertising for Gamevice.

They won't go to court with Nintendo and they won't need to now.



Plerpy_ said:
Good advertising for Gamevice.

They won't go to court with Nintendo and they won't need to now.

How so? Now everybody can see how terrible their products are.

And lol at the people thinking Gamevice has a legitimate case. 



"The strong do what they can and the weak suffer what they must" - Thoukydides

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fatslob-:O said:
Azuren said:

Fair enough, it could only be patented in America... It could also be patented elsewhere. We'll have to file that under "Known Unknowns".

 

And that would still be a massive undertaking to recall shipped-but-not-sold Switches to redesign them. Enough to put most companies off the idea of trying again.

Patents are usually sovereign grants which only affects trade with a specific nation ... 

If a patent is infringed on there's usually no recall since it's presumably settled in court (or outside) between the corporations so customers still get to keep the product in question, it's just that the defendant (Nintendo) hast to pay the damages and royalties (if Nintendo decides to keep detachable joy-cons) to the plaintiff (Gamevice) ... 

...

 

And if Gamevice doesn't want to settle, doesn't want royalties, and wants to specifically stop the sale of the Switch as it exists right now, that's what will happen in the affected territories should Gamevice win.

 

Now, unless you can respond with something that addresses that outside of "but it doesn't usually do that" despite Gamevice already expressing interest in doing just that, just stop. I'm not interested in getting caught in a repeating discussion.



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Alkibiádēs said:
Nem said:

While i hate this kind of cynical lawsuit, if that wikipad product is indeed out in the market then i think they are right and Nintendo will have to pay damages. The switch controller looks just like it.

Please tell me how they're anything alike?

You gonna say this doesn't look like the switch controller?

https://gamevice.com/

Of course you do. Why do i bother asking...

You are not right.

The defense that Nintendo can have is that the switch controller only works with the switch screen. I assume it doesn't work with other screens anyways. If it did then they would be in trouble for sure.

If not then it's a debate on wether the switch actually bothers the gamevice market by copying it's functionality but only on its own propriatary hardware. So, if the copying actually makes their product less appealing. That is more complex and debatable.



Nem said:

You gonna say this doesn't look like the switch controller?

https://gamevice.com/

Of course you do. Why do i bother asking...

You are not right.

The defense that Nintendo can have is that the switch controller only works with the switch screen. I assume it doesn't work with other screens anyways. If it did then they would be in trouble for sure.

If not then it's a debate on wether the switch actually bothers the gamevice market by copying it's functionality but only on its own propriatary hardware. So, if the copying actually makes their product less appealing. That is more complex and debatable.

Actually, if you go by looks alone, there is a flexible band behind connecting the two sides, while the switch has two separate joycons. I could also argue that the method of attachements are different enough.

The only thing they can argue for is the similarity in functionality, which is too general imo.

https://youtu.be/-IG6wj0xeBk?t=1m33s



FiveOVER said:
Nem said:

You gonna say this doesn't look like the switch controller?

https://gamevice.com/

Of course you do. Why do i bother asking...

You are not right.

The defense that Nintendo can have is that the switch controller only works with the switch screen. I assume it doesn't work with other screens anyways. If it did then they would be in trouble for sure.

If not then it's a debate on wether the switch actually bothers the gamevice market by copying it's functionality but only on its own propriatary hardware. So, if the copying actually makes their product less appealing. That is more complex and debatable.

Actually, if you go by looks alone, there is a flexible band behind connecting the two sides, while the switch has two separate joycons. I could also argue that the method of attachements are different enough.

The only thing they can argue for is the similarity in functionality, which is too general imo.

https://youtu.be/-IG6wj0xeBk?t=1m33s

Don't think the band is necessary for it to work. So, i don't think it's relevant. It's cosmetic if you will.

But, generally yes to what you concluded.



Nem said:
Alkibiádēs said:

Please tell me how they're anything alike?

You gonna say this doesn't look like the switch controller?

https://gamevice.com/

Of course you do. Why do i bother asking...

You are not right.

The defense that Nintendo can have is that the switch controller only works with the switch screen. I assume it doesn't work with other screens anyways. If it did then they would be in trouble for sure.

If not then it's a debate on wether the switch actually bothers the gamevice market by copying it's functionality but only on its own propriatary hardware. So, if the copying actually makes their product less appealing. That is more complex and debatable.

Analogue stick: first used by Nintendo on the N64 controller.

D-pad: invented by Gunpei Yokoi.

XYAB buttons: used by Nintendo since the SNES days.

Shoulder buttons: first used by Nintendo on the SNES controller.

As for the joycons: they can be detached and they can both be used as a fully functional controller. There's no bridge connecting the two joycons (like with Gamevice's crappy products). The joycons also feature a gyroscope, a motion tracking camera and HD rumble. 

Joycons only work with the Nintendo Switch while Gamevice's products work for every tablet or smarthpone. They're not even competing in the same market. 

If anything, Nintendo should sue Gamevice for blatently ripping off their past controllers. 

Oh and Nintendo should also sue Sony for the PS Move while we're at it. /s

Detachable controllers is not a patentable concept. 



"The strong do what they can and the weak suffer what they must" - Thoukydides