Nintendo sued over Wiimote design

by Nikki Inderlied { Dec 9th 2006 at 12:00PM }

In the Nintendo playground, California company Interlink Electronics isn't playing nice. They claim that the Wiimote design belongs to them and that they patented it first. According to the patent, Interlink Electronic describes an electronic device with the button/trigger layout similar to the Wiimote, but not the actual use of the device. Amidst all the lawyer-speak, we see no traces of their remote using movement in a 3D environment to operate their "electronic pointing device" like the Wiimote. Their pointing device talks of using the buttons and trigger on the remote to cause movement on screen, acting more like an infra-red mouse than a gaming controller.

Interlink filed the patent in 1997 having it granted eight years later in February of 2005. They want a restraining order against the selling of such devices, a trial by jury, three times the assessed damages to their company plus interest and reimbursement of legal fees.

Sure the layout is similar, right down the the batteries in back, but we don't see this reaching a jury seeing as how Interlink's device calls for no actual physical movement of it. We can see Nintendo having to pay these guys a lot of money just to make them go away and drop all accusations. No doubt, Nintendo fans stand tall behind their favorite company.

[Via Game Life]

Tags: deleware lawsuit, DelewareLawsuit, Interlink Electronics, InterlinkElectronics, nintendo lawsuit, nintendo sued, NintendoLawsuit, NintendoSued, wiimote lawsuit, WiimoteLawsuit

Reader Comments (Page 1 of 1)

Elisaul01 @ Dec 9th 2006 1:16PM

For anyone who has a Wii:
This is my wii code: 7731-7583-9815-9815
Nickname:Elite1
If you added me post your wii code so I can add you too.

20XX @ Dec 9th 2006 1:55PM

Man, I had a great post written about how it's a dumb lawsuit, but my confirmation email never showed up.

Summary: it's a dumb lawsuit. Sigh.

Ed @ Dec 9th 2006 2:01PM

The original design is a Star Trek Phaser. Go look. The original patent infringes Star Trek copyright, the Nintendo one doesn't infringe either.

Author X @ Dec 9th 2006 2:13PM

If it's a technical lawsuit... they do completely different things in completely different ways. All the buttons on the wiimote are digital, all on the "pointer" are analogue/"pressure sensitive", and it's not even a pointer, they can't even claim anything about the IR communication because the Wiimote uses bluetooth, not IR to communicate with the main unit. They don't even have any straws to grasp at.
The only similarity is in the design layout, in which case I don't think they can claim it's infringing unless it looks the same, which it doesn't (Nintendo has a patent on the design of the SNES controller, and the original Playstation controller was even more similar to that than this pointer to the wiimote, AND had exactly the same function).
Even if there was some infringment, they'd still have to prove they were losing sales because of the Wii being on the market. Which, for any reason other than "Oh, you mean it points just like that new Nintendo system? Oh, it doesn't? Never mind then" is so laughable I won't even go into it.
They probably listed a trial by jury in the hopes that they'll get ignorant people that can't understand technical jargon and will look at the two products and say "yeah, they're the same I guess." Of course, it's easy to explain in layman's terms why there's no case what-so-ever, so it doesn't really matter.
Most likely, I think they just wanted to try to get Nintendo to pay them off to avoid even higher legal fees. That's the only way they could possibly profit from this.

something strange @ Dec 9th 2006 3:03PM

Now who really didn't see this coming?

JB @ Dec 9th 2006 2:45PM

Wheres the Don't Sue People Panda when you need him?

Seriously, this company had a good year to complain about this, but they wait until the Wii gains popularity. Just seems like a sad cry for attention to me.

Mike @ Dec 9th 2006 3:47PM

So, does that mean Panasonic can sue them also? I have a remote control that looks remarkably like the WiiMote, but it doesn't do $H!T when I wave it around. :-)

SeasideBaz @ Dec 9th 2006 4:12PM

I see one problem: if this hits court, the jury are probably already looking forward to another game of Wiisports so will throw it out

Graham @ Dec 13th 2006 8:55PM

whats the point of sueing now? people have Wii's (or i do!)
why sue its point less. they already have tons of wii s every where. not like nintendo is gonna stop for some stupid sue from interlink . plus whos herd of this interlink thingamobober anyway?

Brennan Tallack @ Dec 9th 2006 9:07PM

I don't comprehend how interlink possibly lost any sales whatsoever as a result of the Wii-mote. The wii-mote is not a competitive product. It does not do the same thing whatsoever nor are either of them even compatible with the same hardware.

Lost Question @ Dec 9th 2006 9:38PM

Ahh, Brennan Tallack the thing is Nintendo has money. Interlink is only interested in the green that Nintendo has.

Ndric @ Dec 10th 2006 12:06AM

They just want a quick buck

Inspired @ Dec 10th 2006 2:54AM

This is a sad lawsuit. Here is your 15 minutes of fame, Interlink.

TheGuy @ Dec 10th 2006 2:55PM

Interlink already tried sueing Nintendo because they had a trigger button (Z trigger) on the n64 controller. Next thing you know they'd be sueing Guns... all the company does is try to take money from well-known companies...

Shawn @ Dec 10th 2006 2:57PM

This lawsuit will be the downfall of Interlink. Why are they just deciding to sue Nintendo now, instead of a year ago when the Wii controller was announced? Answer: They see profit potential now that they see the success of the Wii. If the Wii wasn't successful, they wouldn't have made up this bull^#(% lawsuit in the first place. Any judge with half a brain is going to dismiss this case. Interlink will have wasted a lot of money on lawyers, and they will really lose business now. So long, Interlink!

physcogamer @ Dec 10th 2006 12:13PM

This is bull

Kit Kat @ Mar 30th 2007 4:30PM

It kinda looks like they're waiting for Nintendo to launch before they started to sue. So in my view they are after just the money. There has been a long time advertisement of what the control looks like and does and yet that company doesn't do anything until after launch. I don't understand why they didn't bring up this up way before the launch. If there's more that is missing in, please do add. I'd like to understand it a bit better.

Jeff Hansen @ Dec 10th 2006 2:50PM

*sigh* Non-lawyers' opinion of the law -- makes you weep for the education system.

First, you can't sue on a patent until you've done some due diligence -- therefore, they would HAVE to wait until the Wii was released to get their hands on a Wii-mote to analyze it.

Second, you don't even need to BUILD an invention to control the patent, let alone actually SELL the invention. So, no, they don't have to show lower sales -- that's just one possible element of damages.

Anyway, that's enough for now -- and I'm not taking a position on whether the lawsuit is on solid ground or not. Who knows? I'm not an engineer.

Lisa @ Dec 10th 2006 3:03PM

Aaah, as usual. Some company wants Nintendo to share profits with them. This Interlink looks funny with its charges

Mr. Scolex @ Dec 10th 2006 5:22PM

Oh for the love of... see, this is what's wrong with the world. The patent clearly describes Interlink's device as a computer mouse alternative. If anything becomes of this case other than the judges laughing in Interlink's face, I'm gonna be sick.

I think it's time for the Reginator to start his ass kicking and name taking again. Looks like Interlink is going on the "naught" side of the names list this year.

Author X @ Dec 10th 2006 11:40PM

@Jeff: Regardless of whether you have to prove reduced sales to prove infringement, they are asking for damages from lost sales to be payed. That's why I said they'd have to prove they were losing sales because of the Wii.

Bryan @ Dec 11th 2006 1:53AM

Umm, yeah that's crap. I actually purchased "said remote" for my company 3 years ago, actually 2 of them. And having just got my Wii a week and a half ago, I never even thought of the two devices being similar at all. And as AuthorX says the Interlink uses RF and has a 100' range, Wii Bluetooth. The interlink uses a circular pad that you rotate around with your thumb, NOWHERE near similar to waving it in 3d space. Unless you consider the Laser pointer on the Interlink to be similar. Basically Lame move Interlink. And they don't have a sensor bar, it is a RF transmitter that connects via USB. Since I have buying power at my company, I will not be buying any of the products they sell anymore. I am tired of lame companies and their lame lawsuits. Granted some are justified, but so many are not, as the afore mentioned one!

kawadas @ Dec 12th 2006 2:04AM

all tv remotes look similar to the wiimote does that mean all tv manufacterers can sue a big company like nintendo. doubt it.

James @ Dec 11th 2006 1:17PM

I really, really hope that Nintendo counter-sues for legal fees, and that the amount the court awards Nintendo drives this little patent troll firm into bankrupcy.

Ideally, Satoru Iwata would personally show up at the home of each of Interlink's executives, reposess all their stuff, then throw it in a trash compactor just to spite them -- in front of their children, who would hopefully cry a lot. I want to see all patent trolls *suffer*. This money-grubbing horseshit has got to stop.