The Gamevice saga continues. Not content with losing in their infringement case last month, Gamevice dredged their patent claims against Nintendo up again, in hopes of actually winning this time around. After filing with the United States International Trade Commission, the USITC will be moving forward by investigating the claims made by Gamevice that Nintendo is infringing upon their patent of a tablet system with detachable controllers. Previously, the Patent Trial and Appeal board threw out Gamevice's case after investigation, but this latest announcement means that while the merit of the case itself hasn't been determined, a judge will still be assigned to investigate the validity of the claims, even though the US Patent and Trademark Office already ruled that devices that attach video game controllers to tablets is "unpatentable".

By instituting this investigation (337-TA-1197), the USITC has not yet made any decision on the merits of the case. The USITC’s Chief Administrative Law Judge will assign the case to one of the USITC’s administrative law judges (ALJ), who will schedule and hold an evidentiary hearing. The ALJ will make an initial determination as to whether there is a violation of section 337; that initial determination is subject to review by the Commission.

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[Bladexdsl]

the only way they will win is if they can prove their device can get drift too

 

[Deleted User]

im guessing they got a patent before thing be made unpatentable, sometimes they just kill a patent and make it legal for everyone for market growth and so on, becuase its like someone patented 30 years ago a videogame console that reads cds and then cds become mainstream media they just disable that patent and so on.

according to this, this is the patent:
https://patents.justia.com/patent/10391393

i'm confused because the dates listed are:
"Filed: Dec 21, 2018
Date of Patent: Aug 27, 2019"
which are both after the switch's release.

 

[Stealphie]

according to this, this is the patent:
https://patents.justia.com/patent/10391393

i'm confused because the dates listed are:
"Filed: Dec 21, 2018
Date of Patent: Aug 27, 2019"
which are both after the switch's release.

what the fuck

 

[Deleted member 397813]

gamevice is going to need a miracle to win this un winnable court case

 

[chrisrlink]

can't the big N file a C&D order on them to stop future lawsuits from GV (Assuming it gets thrown out for the fifth time) then again will that even stop them? it might if they threaten imprisoment of the CEO/legal team if they don't....also seems the same people doing the investigation might set rules to prevent future abuse https://www.ipwatchdog.com/2018/10/30/uspto-end-repeated-concerted-patent-attacks/id=102847/

 

[Plasmaster09]

Keep your hold and strength, Gamevice!
I'm with you til the end!

Teach those assholes from Nintendo that they can't get away with whatever they want, give them a lesson from their own fucking legal medicine!

um nintendo is in the right here
they have always been in the right in terms of legality
you may be salty they take down fan games but they have the right to do so
gamevice is fundamentally in the wrong here both morally and legally and is just a freaking patent troll

 

[Deleted member 397813]

Keep your hold and strength, Gamevice!
I'm with you til the end!

Teach those assholes from Nintendo that they can't get away with whatever they want, give them a lesson from their own fucking legal medicine!

is this sarcastic? PLEASE tell me this is sarcastic.

 

[SexiestManAlive]

is this sarcastic? PLEASE tell me this is sarcastic.

if this isn't sarcasm ill google how to erase a being from everyone's mind and the earth

 

[GBADWB]

im guessing they got a patent before thing be made unpatentable, sometimes they just kill a patent and make it legal for everyone for market growth and so on, becuase its like someone patented 30 years ago a videogame console that reads cds and then cds become mainstream media they just disable that patent and so on.

Tech patents only last 20 years. Designs are 14


OT: No bias for either company, as long as Gamevice actually made their product(which they did) and sell it to consumers, I personally do not consider it a patent troll myself (patent trolls imo are those who sit on a patent only to shark immediately when a product infringes on it, mostly with the intent of never making the product).

The industry gives even basic patents to design all the time. Let's not kid ourselves that Nintendo deserved the patent on their cross shaped D pad.(it has expired already)

At least following PC companies, one that went in favor for the patent owner was Asetek vs Coolermaster. Asetek basically got any company who designs a pump onto a waterblock on a all in one liquid cooler to exit the market if it wasn't paying Asetek royalties. It forced innovation by companies integrating pumps into the radiator(Swiftech and EK), on a separate chamber on the CPU block(Deepcool) or off to the side (Arctic).

 

[Ryccardo]

why does the us patent and trademark office give patents out for unpatentable things?

Ultimately the decision to award it or not is made by a limited number of people, who can't possibly have seen everything in the world to date (prior art), and have different opinions about obviousness; all while the decision of whether to strike a contentious patent is done by different entities

 

[Xzi]

Keep your hold and strength, Gamevice!
I'm with you til the end!

Teach those assholes from Nintendo that they can't get away with whatever they want, give them a lesson from their own fucking legal medicine!

Whatever you might think of other lawsuits Nintendo has initiated, Gamevice are the only assholes in this particular case. Patent trolls are utter scum.

 

[chrisrlink]

um nintendo is in the right here
they have always been in the right in terms of legality
you may be salty they take down fan games but they have the right to do so
gamevice is fundamentally in the wrong here both morally and legally and is just a freaking patent troll

personally the DMCA needs to go and a new copyright system in it's place which allows not fror profit (donations are considered profit) fan games to be protected whats next fanfictions? if so I'm in deep shit for unleashing my creativity of writing even with a borrowed source as a topic/inspiration

 

[Plasmaster09]

personally the DMCA needs to go and a new copyright system in it's place which allows not fror profit (donations are considered profit) fan games to be protected whats next fanfictions? if so I'm in deep shit for unleashing my creativity of writing even with a borrowed source as a topic/inspiration

I never said Nintendo were strictly in the moral right to take down fangames.
Believe me, that's basically the one thing I absolutely hate about them.
However, it is their intellectual property. Gamevice is just a bullshit patent troll that is neither in the legal nor moral right.

 

[64bitmodels]

Gamevice is fighting a fight they can't win lmao. just give up and go back to your little corner of making crappy bluetooth controllers. Or rather, just shut down- no one's going to buy your products after this lawsuit boils over anyways

 

[eriol33]

Given that switch detachable controller design eerily resembles gamevice which released prior to switch, I am surprised they voluntarily dismissed their first lawsuit. I think they could have won and asked Nintendo a percentage of the sales.

 

[Tigran]

Given that switch detachable controller design eerily resembles gamevice which released prior to switch, I am surprised they voluntarily dismissed their first lawsuit. I think they could have won and asked Nintendo a percentage of the sales.

"Given that playstation's controller design eerily resembles Nintendo's Super NES controllers which released prior to playstation, I am surprised they Sony a percentage of the sales."

See how that really sounds?

Or if you want, you could argue that the Gamevice design looks to much like a 3DS controller, or a Wii U pro controller, or a Wiimote/Numchuck.

 

[Xzi]

Given that switch detachable controller design eerily resembles gamevice which released prior to switch, I am surprised they voluntarily dismissed their first lawsuit. I think they could have won and asked Nintendo a percentage of the sales.

Are you kidding? They're not the same size nor shape, and they don't have the same attachment mechanism. Let alone Nintendo's proprietary tech inside joycons which I'm 100% certain is different from the insides of Gamevice's...whatever. And what about using the two halves as separate controllers? Or coming with a grip to make it a standard wireless controller? Does the Gamevice do either of these things? If not, it's a completely different type of controller and patent.

 

[eriol33]

The design does feel similar to me at least superficially. However using as a two separate controller may not be the case of differentiation, as both of the game pads have a capability to transfer input to the device, which is the whole point of the lawsuit.

 

[Tigran]

Doesn't matter anyway. Switch was out on the market before these patents were given. And you better damn well believe that Nintendo patented the joy cons. So if anything, Gamevice would be stepping on Nintendo's patent.

 

[Zonark]

If I knew these guys were patent trolls I would have never bought their stuff. I regret buying it anyway - have barely used it in the past 2 years since I bought it.

Burn it, film it, make money buy more burn them make even more money, get sued for slander win case. Stonks