Gamevice to take Nintendo on again over its patent, in attempt to ban Switch sales in the US

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Not sated with having already lost to Nintendo multiple times in the past, Gamevice is back at it again. This time, they've filed a yet another new patent infringement complaint against Nintendo, alleging that Gamevice's patent on attachable game controllers was infringed on by the Nintendo Switch and its Joy-Cons. Not only that, but the company has also appealed the case they lost earlier this month, when the United States Patent and Appeal Board threw out their case, deciding that a company can't patent controller devices that clip on to tablet-like hardware. According to the US International Trade Commission, the complaint was filed under the Tariff Act of 1930, which would prohibit the sale of imported products that infringe upon a pre-existing American patent, meaning if Gamevice is somehow successful in their goal, the Japanese-created Nintendo Switch wouldn't be able to be sold in America. From here, it's up to the USITC to decide if the case is worth investigating, where we might see another months-long court battle kick off once more.

Letter to Lisa R. Barton, Secretary, USITC; requesting that the Commission conduct an investigation under section 337 of the Tariff Act of 1930, as amended, regarding Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof II. The Proposed Respondents are Nintendo Co., Ltd., Japan; and Nintendo of America, Inc., Redmond, WA.

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Veho

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It's ridiculous how many times they are allowed to sue over the same exact issue
They just change the wording a little and presto, it's a whole new issue.

Gamevice be like:

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Heh, "free trial". Fitting.
 

DANTENDO

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I was thinking of buying one just because the effort ther taking but 75 quid OK if ff7 remake was mobile only then I'd think about it lol
 

Plasmaster09

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Except Gamevice crying wolf over Nintendo doing what they actually have a right to are two different things?
yeah I hate Nintendo's fan-game hostility too (it's the one thing about Nintendo that actually pisses me off) but they do have a legal right to shut down things like AM2R. But even in the US's broken, bullshit copyright system, Gamevice is a troll that has zero right to do what they're attempting.
Plus, Nintendo has a team of lawyers so good that when they got sued over Donkey Kong being an infringement of the King Kong copyright, they won so hard that a licensed King Kong game was pulled for being an infringement of Nintendo's copyright. Gamevice doesn't stand a chance, and sooner or later they'll game over.
 

Ericzander

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It seems to me like this suit would be barred since they had the opportunity to litigate it in the first case.

In legal terms, their claim in this case and the one in the prior one arose from a common nucleus of operative fact. They dropped the ball by not arguing this then. They can't just keep suing for the same thing repeatedly and slightly change their claim every time.

This is going to get dismissed.
 

DiscostewSM

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I agree with someone on another site that perhaps this is just life or death for Gamevice who possibly can't survive right now with the pandemic going on, so because they are likely to lose what they have if they did nothing, they are trying one more time for a chance to get something out of it.
 
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leerpsp

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Lets say if they win (they will not) then we will just import it from japan so its not like they will win in the end.
 

Jayro

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This is probably an April fool's joke, but if it's not, then gamevice should bring up all the other controllers that are like this for phones to court, in physical form along with their patents too. Show those losers that they can go fuck themselves for singling out a single company out of several.
 

Pipistrele

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I feel like they are going to drive themselves into bankruptcy with the legal fees if they keep this up. I really hope they settles with prejudice this time because that's going to be the only way to stop future pointless lawsuits from Gamevice.
To be honest, at this point I feel they pursue this lawsuit exactly because there's nothing else going for them but the ever-approaching bankrupcy, so they go all-in on suing Nintendo and hoping for a miracle.
 
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