Feeds

Judge upholds PlayStation controller ruling

Sony's witness not credible, judge says

High performance access to file storage

Sony Computer Entertainment has lost the latest round in a patent case over a vibrating PlayStation controller, after a Judge refused to accept an argument that Immersion Corporation, the patent owner, had tried to hide crucial information.

According to reports, Judge Claudia Wilken of the US Court for the Northern District of California did not find Sony’s witness, Craig Thorner, to be credible.

The case dates back to 2002 when Immersion, a developer and licensor of what is known as haptic feedback technology, which can be used to make joysticks vibrate in synch with on-screen events, sued Sony, alleging that the PlayStation, PlayStation 2, and associated controllers, accessories and software games that include touch feedback, infringed on two of Immersion's patents.

In September 2004 a jury found in favour of the developer and awarded Immersion $82m in damages. In March 2005 the Court increased the award to $90.7m, to take account of interest due, and issued a permanent injunction against the manufacture, use, sale, or import into the US of the infringing systems. The ban was then stayed pending an appeal.

Sony not only appealed that ruling to a Federal Circuit Court of Appeal, but also filed an appeal with the District Court arguing that Immersion had tried to hide discussions the company had held with inventor Craig Thorner. Thorner had previously developed technology similar to that covered by Immersion’s patents, throwing doubt on the validity of those patents.

But, according to reports, Judge Wilken was not happy with Thorner’s performance as a witness, finding that a payment of $150,000 made by Sony to Thorner was suspect, despite Sony’s explanation that it was an advance royalty payment.

She dismissed the appeal.

The appeal to the Federal Circuit is still ongoing.

Copyright © 2006, OUT-LAW.com

OUT-LAW.COM is part of international law firm Pinsent Masons.

High performance access to file storage

More from The Register

next story
Audio fans, prepare yourself for the Second Coming ... of Blu-ray
High Fidelity Pure Audio – is this what your ears have been waiting for?
Dropbox defends fantastically badly timed Condoleezza Rice appointment
'Nothing is going to change with Dr. Rice's appointment,' file sharer promises
Did a date calculation bug just cost hard-up Co-op Bank £110m?
And just when Brit banking org needs £400m to stay afloat
MtGox chief Karpelès refuses to come to US for g-men's grilling
Bitcoin baron says he needs another lawyer for FinCEN chat
Zucker punched: Google gobbles Facebook-wooed Titan Aerospace
Up, up and away in my beautiful balloon flying broadband-bot
Apple DOMINATES the Valley, rakes in more profit than Google, HP, Intel, Cisco COMBINED
Cook & Co. also pay more taxes than those four worthies PLUS eBay and Oracle
It may be ILLEGAL to run Heartbleed health checks – IT lawyer
Do the right thing, earn up to 10 years in clink
France bans managers from contacting workers outside business hours
«Email? Mais non ... il est plus tard que six heures du soir!»
Adrian Mole author Sue Townsend dies at 68
RIP Blighty's best-selling author of the 1980s
prev story

Whitepapers

Mainstay ROI - Does application security pay?
In this whitepaper learn how you and your enterprise might benefit from better software security.
Five 3D headsets to be won!
We were so impressed by the Durovis Dive headset we’ve asked the company to give some away to Reg readers.
3 Big data security analytics techniques
Applying these Big Data security analytics techniques can help you make your business safer by detecting attacks early, before significant damage is done.
The benefits of software based PBX
Why you should break free from your proprietary PBX and how to leverage your existing server hardware.
Mobile application security study
Download this report to see the alarming realities regarding the sheer number of applications vulnerable to attack, as well as the most common and easily addressable vulnerability errors.