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delete12345

One Winged Slayer
Member
Nov 17, 2017
19,673
Boston, MA
The U.S. International Trade Commission (USITC) has voted to institute an investigation of certain portable gaming console systems with attachable handheld controllers and components thereof. The products at issue in the investigation are controller systems with parts that attach to two sides of an electronic device, such as a smartphone or tablet, and the parts fit into a user's hands and have gaming controls.

The investigation is based on a complaint filed by Gamevice, Inc., of Simi Valley, CA, on March 30, 2018. The complaint alleges violations of section 337 of the Tariff Act of 1930 in the importation into the United States and sale of certain portable gaming console systems with attachable handheld controllers and components thereof that infringe patents asserted by the complainant. The complainant requests that the USITC issue a limited exclusion order and cease and desist orders.

Looks like the patent infringement case isn't over just yet.

https://www.usitc.gov/press_room/news_release/2018/er0501ll939.htm

Lock if loaded.
 
Last edited:
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delete12345

delete12345

One Winged Slayer
Member
Nov 17, 2017
19,673
Boston, MA
Regardless of poor implementation, in Gamevice's defense, it looks very similar to the Switch, from a mechanical standpoint.
 

ggx2ac

Sales Heaven or Sales Hell?
Member
Oct 25, 2017
3,504

BY2K

Membero Americo
The Fallen
Oct 25, 2017
4,682
Québec, Canada
Regardless of poor implementation, in Gamevice's defense, it looks very similar to the Switch, from a mechanical standpoint.

It looks similar but it doesn't work the same way.

The Gamevice connects via Micro-USB, USB-C or Lighting. The Joy-Cons connect wirelessly.

(How the hell can this thing have worse input lag than the Switch when it actually connects physically? Maybe that's not the device I'm thinking of)
 

Skittzo

Member
Oct 25, 2017
41,037
https://patents.google.com/patent/US9126119B2/en

The Switch is fairly different in that both controllers connect to the "computing device" (corresponding to the smartphone from the Gamevice patent) with a physical connection, not wireless. There's really no infringement there. Also the Gamevice patent requires a bridging structure between the two controllers that's separate from the computing device.

I don't see infringement there. Is this complaint a "plan B" if the actual infringement suit was dropped?
 

ggx2ac

Sales Heaven or Sales Hell?
Member
Oct 25, 2017
3,504
There's really no infringement there. Also the Gamevice patent requires a bridging structure between the two controllers that's separate from the computing device.

They claimed in the court case that the Switch body was the bridging structure back in the thread on the old forum.

As mentioned, this court case probably didn't succeed if they now went to this commission about their patent again. They really want money for their failed product.
 

Amnixia

▲ Legend ▲
The Fallen
Jan 25, 2018
10,411
The Switch is fairly different in that both controllers connect to the "computing device" (corresponding to the smartphone from the Gamevice patent) with a physical connection, not wireless. There's really no infringement there. Also the Gamevice patent requires a bridging structure between the two controllers that's separate from the computing device.

I agree, but like the Wii patent and Philips the court might not.

I don't see infringement there. Is this complaint a "plan B" if the actual infringement suit was dropped?

Seems to be the case.
 

AfropunkNyc

Member
Nov 15, 2017
3,958
4f24102782fb84.08063488
Switch always reminded me of this old Nintendo device. the detachable aspect is just evolution of this, since controllers have became wireless now a days.
 

Skittzo

Member
Oct 25, 2017
41,037
Regardless of poor implementation, in Gamevice's defense, it looks very similar to the Switch, from a mechanical standpoint.

The problem is looking alike is not grounds for patent infringement. In fact it has basically nothing to do with the concept of infringement. Gamevice filed a patent for their product, and that patent has "claims" which form the legal basis of what exactly that patent covers.

In this case all of their claims require a "structural bridge" connecting the controllers that is separate from the smartphone/tablet between them. The Switch has no such element, so it does not infringe.
 

Deleted member 9929

User-requested account closure
Banned
Oct 27, 2017
309
Not sure if this matters. But the wiki pad seems to a device designed to have a smart phone/tablet inserted (a peripheral), while the switch is a handheld console with input mechanisms that can be detached and used as separate controllers (part of the main unit and not a peripheral)
 

Expy

Member
Oct 26, 2017
9,861
Not sure if this matters. But the wiki pad seems to a device designed to have a smart phone/tablet inserted (a peripheral), while the switch is a handheld console with input mechanisms that can be detached and used as separate controllers (part of the main unit and not a peripheral)
That would work if they also weren't sold separately.
 

Skittzo

Member
Oct 25, 2017
41,037
Not sure if this matters. But the wiki pad seems to a device designed to have a smart phone/tablet inserted (a peripheral), while the switch is a handheld console with input mechanisms that can be detached and used as separate controllers (part of the main unit and not a peripheral)

Nah I think the distinguishing feature (AKA the reason it is not infringement) is the fact that the joycons are physically separated from each other and attach to the device on both sides. That's fundamentally different from the claimed structure of the Wikipad which relies on the structural bridge connecting the two control portions.

Gamevice seemed to argue that the Switch tablet itself served as the bridge, but if I was a patent judge (and I'm not that far off actually) I would not find that persuasive, since the bridge fundamentally changes how the control portions connect to the device. The Switch is designed such that two separate control pieces connect physically and electronically at two separate connectors, the Wikipad uses only a single connector and therefore needs the bridge to connect the control on the side of the connector to the other control portion, otherwise it would not be able to connect to the actual device.
 

Pablo Mesa

Banned
Nov 23, 2017
6,878
Regardless of poor implementation, in Gamevice's defense, it looks very similar to the Switch, from a mechanical standpoint.
is those little details that make or break patent cases most of the time.


I'm just doing my best to try to interpret what exactly Gamevice is thinking, from their perspective.
>Nintendo is printing money from Switch
>Switch has a feature that looks like resemble something we have a patent for
>lets sue em, so when we win (lol) we can demand a fee on every product sold and future sales or force em to stop selling
TL;DR: Patent Trolling money
 

Pablo Mesa

Banned
Nov 23, 2017
6,878
...im sure is the same..unless you are talking about hte one from last year..

to be fair, I dont think Gamevice know what they are doing. if, IF going straight to the FTC works and switch gets Banned, Nintendo can use other legals matters to prove they are not infringing patents. and when they do, they can slap gamevice the bill of all the lawyers and stuff + reparation for lost of business.
 

ggx2ac

Sales Heaven or Sales Hell?
Member
Oct 25, 2017
3,504
...im sure is the same..unless you are talking about hte one from last year..

My mistake, the article made it sound like the lawsuit was separate to this investigation.

_______

The only other information from here was
https://www.gamesindustry.biz/artic...tch-targeted-by-gamevice-patent-lawsuit-again

Their previous lawsuit was dropped in October. Hence why this new one popped up.

And for the current one:

Gamevice's arguments centres around patents for detachable controllers seemingly similar to the Switch's Joy-Con controllers, although there are some significant differences.

For example, Gamevice's controllers are designed to attach to a variety of tablets, whereas the Joy-Cons are specifically built for Nintendo Switch. The Joy-Cons are able to operate independently, whereas Gamevice products must be attached to a smart device.
 

Madao

One Winged Slayer
Member
Oct 26, 2017
4,681
Panama
these trolls never learn.

oh well, Nintendo's lawyers keep earning their salaries as usual.