Nintendo has been the defendant in a long-standing case of patent infringement brought against them by Creative Kingdoms. This patent case could have blocked both Wii and Wii U sales in the United States, due to the motion sensor technology used in the Wii remotes. Creative Kingdoms alleged that similar technology was available in the magic toy wands that were used for casting spells at several of their attractions and that Nintendo infringed their patents by using this technology in both the Wii and the Wii U. Nintendo was found not guilty by the International Trade Commission, meaning that the ITC found Nintendo did not infringe Creative Kingdom’s patents in the creation of the motion technology of the Wii and the Wii U. In addition, the commission found that Creative Kingdom’s patents were invalid. Richard Medway, counsel for Nintendo of America had this to say about the ruling: “We are pleased with the commission’s determination. Nintendo’s track record demonstrates that we vigorously defend patent lawsuits when we believe we have not infringed another party’s patent. Nintendo continues to develop unique and innovative products while respecting the intellectual property rights of others.” It looks like the Wii and the Wii U will continue to be available in the United States. local_offer Nintendo patent infringement wii u stars Further Reading Nintendo loses patent appeal, ordered to pay Nintendo was brainstorming about Switch when Alexander Kleinwechter WOW, i had no idea about this situation before, glad they won, but it was kinda obvious that nintendo won, its nintendo 🙂 Merrfn If they lost Nintendo and the gaming industry would of been screwed… Michael DeVore Not really obvious. For example, they initially lost the case regarding analog triggers with Anascape. They eventually won on appeal years later, but that case is the reason why the classic controller vanished off of shelves for the Wii. Nintendo has been successful with defending itself, but not always in round 1. The_Colourful_Jester Somewhat late isn’t it? Surely this was originally directed at the Wii, and only later the Wii U? Jack5221 Well, trials like these can last a very long time. And unfortunately Nintendo cant just drop it. They have to deal with it until a verdict is reached. Luckily Nintendo won. John Smith Wii U Daily, This is a MUCH BETTER, CLEARER version of New Super MArio 3D World Box art ! http://cdn.wegotthiscovered.com/wp-content/uploads/super-mario-3d-world-box-art.jpg IBlock What does that have to do with the topic at hand? John Smith Well, nothing, I’m just saying it because Wii U Daily shared the small and bad quality version and i’m sharing the big and good quality version. nin-10-doughfan nothing! just brought up! Merrfn Nothing at all. Nintedward That looks awesome! John Smith Would this look better ? http://i.imgur.com/tuwoqWV.jpg A_7 This is way better! is it the actual box art? John Smith No, the one I posted on top with no sky is the actual one…. Lusunup I like the first ine better because It stands out you know what I mean? It like Eye candy because of the white checkered background. Castamere This one looks outstanding! nin-10-doughfan yeah! the other looks only half as good as the other one! Merrfn I definitely prefer this one. Elitepwnsface Need that sky for sure Pdxmojo81 I like the sky much better than the white background. It looks like a real “world.” Magnus Eriksson Who said Nintendo make kiddie games? This is clearly not a kiddie game! JB Catsuits=hardcore Merrfn Well how did he get the suit to wear? Mario the animal murder… First he found a cat and killed it. Then he filleted it. Then wore it. Then he acted innocent… Ice Climbers The cat suit was clearly Nintendo’s way of giving Peta the middle finger. Merrfn I remember that whole PETA thing. So ridiculous. TwinTails That just reminded me that Peta may start another smear campaign. 🙁 Merrfn And then they will make themselves look like fools… dr scoobie he got it from a item box, so someone else must have killed it. Merrfn What if he just kept it in a box for storage? Truthteller Yeah, a fat man in a cat suit with a mushroom headed midget with one hand raised saying ‘yeah’ like a 2nd grader is not a kiddy game… Magnus Eriksson Maybe he skinned the cat on a mushroom trip? edit: Why downvote Truthteller on this? The comment was actually hillarious. goldmrmber So if the rased hand had a gun in it would that suit you sir So by your non logic thats a kids game So wen I play say chess its a kids game SHUT UP CHAV Bob Wilkerson And the princess would have to be in a slutty outfit.. He is just pissy because Mario Platformer games often surprise gamers with challenges that test even the most experienced gamers and he does not have the skill or patience to play games like these. TwinTails That is oh so not the truth, Lieteller. TULFich They should have just left the characters in the cat suits, Clel It’s so purrrty =D (see what I did there?) Ducked Meowio! IBlock I’m happy. Really happy. So happy that it just broke the non-existant happy-o-meter. 🙂 Jack5221 Fuck Creative Kingdom!! Don’t mess with Nintendo! Looks like another patent troll bites the dust. Magnus Eriksson And if it was the opposite direction Im pretty sure you wouldnt say “-fuck you Nintendo”… Fanboys… Jack5221 I dont know who Creative Kingdom is. But they tried to get Wii and Wii U systems completely off the market in the U.S. Obviously that affects Nintendo in a big way, but its not so much Nintendo Im concerned for, but rather the gaming industry as a whole. Taking away 1 of the 3 big consoles doesnt exactly give us, the consumer, the options we want. Not everyone buys all 3 consoles like I do, most only buy one. If someone only ever bought Nintendo Consoles, then they’re taken off the market, now what? Now that person is basically forced to go PS or Xbox. Seeing the popularity of Nintendo they always sell tons of consoles, so if Creative Kingdom were successful in the lawsuit then A LOT of people would have been extremely pissed off – myself included, even though I already have a Wii U. Magnus Eriksson Do you think its ok if I play all my nintendo games on emulator? goldmrmber No but it ptives your an idiot ALL NET NINTENFO HATERS HACK A NON NINTENDO SYSTEM THEN BRAG ABOUT THERE NINTENDO ROMS O. That system after saying they hate nintendo THE LOGIC PLEASE EXPLAIN WERE IT WENT Merrfn Calm down and loosen those jeans. You seem a little tense. Magnus Eriksson Another tough guy on the internet. All these tough guys, never meet them in the real world, but always on the internet… Wonder why? Maybe its easier to take the tough tone hid behind a screen, deep down in grandmas basement. Somehow I believe you wouldnt say these things to me if we met. Me on the other hand. I would be excactly like I am here 🙂 Daniel Gonzalez Geez dude, are you having an acid trip? Relax. Jack5221 Emulators don’t bother me at all. Using an emulator on Wii / Wii U / DS / 3DS games really only deprives you of the experience. because you cant do all the motion and touch screen stuff. Daniel Gonzalez Actually, they do have a sensor bar for PC as well now via third party and they work very well. So actually, you can have the same experiences. It all depends on how good your PC is. I’m talking about the Wii of course. The other two haven’t been emulated as of yet. Clel Yet you’re like, USED GAMES ARE BAD!!! Hypocrite. Jack5221 . Jack5221 Buying a used game is different than an emulator. Emulators are free and do not have current generation games on them. Almost no one uses them either because they’re confusing to set up for the “casual” gamer person. Plus, most people that use emulators use them for really old games that they don’t make copies of anymore. As for used games… Im against that, especially when gamestop offers you 5$ for your used game that you paid 60$ for 3 months ago, only to sell it for 55$. They not only screw the consumer over, but they also screw the developers over by luring people in with a 5$ discount, or “Buy 2 used games, get 1 used game free!” Marcus Navarro Holy crap. We all know of the Nintendo haters, but this is the ultimate level of hatred right here. Patent infringement on toy wands? Really? (-_-‘) Baum 「ツリー」 WRONG! Patent infringement on toy wands, that DON’T EVEN FUCKIN’ WORK! xDD Marcus Navarro XDDDDD LMMFAO!! Merrfn Thats a good description of my 3rd party Wiimotes .-. Baum 「ツリー」 I know that feel bro…It’s not as bad as Big Ben GC controllers, but the Nunchuks break faster than an iPhone Merrfn 2 of the 4 I bought don’t even work. Starfoxguy Why is everyone suing Nintendo and who is creative kingdom? Jack5221 Some loser c-list company that can only make profit by suing others. Revolution5268 That very true, remember the donkey kong arcade sue? Steve At least it isn’t like the situation Apple and Samsung are in 🙂 GoldDreams Creative Kingdoms is the makers of the highly popular tourist attraction. MagiQuest. Which is the first live action game of it’s kind. They’ve been around for a long time now. Truthteller Nintendo does swipe things too you know. Mario Even so. Do you really think they deserve that? You do know that a lot of people work at Nintendo. Right? Do you really want them to lose their jobs? Because if that’s what you want, then you’re nothing but a big jerk who doesn’t care about anyone but himself! Ony I heard somewhere an old lady wants to sue Nintendo ’cause she invented the wii fit balance board since 30+ years. Merrfn ‘Yer see hear I gawt mah peece o’ wood. I lay eet on tha floor here and stan’ on it. Than I dew some exacises. Screw yew nintendo fer stealing mai idea! ^(Read in hillbilly accent)^ (Thats the lady) SonicLucario Well done Nintendo, well done Johny wow how lame…. of course nintendo won X3Charlie So these people were willing to bring down Nintendo probably costing thousands of jobs for their toy wands that no one is going to buy anyway. Mario When you put it that way, that does seem pretty stupid of them to do that. They were practically trying to make everyone on Nintendo lose their jobs. GoldDreams The only use of their toy wands is for the live action game, MagiQuest. Which is a huge tourist attraction all over the world. Though their tech is nowhere near the quality of Nintendo’s own Wii Remote. Merrfn But, but they are toy wands! Nintendo’s software didn’t even reach the pristine quality that the toy wands did! Yet Nintendo outshines them with petty, copied hardware. (Yes that was sarcasm just to clarify) Linskarmo I’d never heard of this before. I’m glad nothing came of it. I somewhat doubt that sales would cease in the US in the case of an infringement ruling. A fine sounds more likely. But it didn’t happen, so close call I guess. Merrfn Yeah, I think it is just to make it sound more dramatic. Nintendo came close to not being able to sell Wii’s and Wii U’s in the U.S, which would dramatically hurt the gaming industry and Nintendo! Or Nintendo almost had to pay some money! Katz Damn, I wish they were found guilty. This could of saved Nintendo from suicide. Merrfn Sure bro. Ernie Sanguyo yeah so much clear and you can see blue toad cat suit at the bottom right so clear. Steve Creative Kingdom? Is that some Disney Land competitor? GoldDreams Creative Kingdoms is the makers of the major world wide tourist attraction that is MagiQuest. It’s a live action game. Where players take on the roles of Magi and then quest within the world and solve mysteries and other puzzles to collect all the runes and become a master magi. Steve Hmm! Thanks for the info. Josiah Parsons A little late for such lawsuits? starwars360 That is relieved!!! cREATive KingdoM can be fucked off and put into pile of poo dumps. So glad Nintendo kicks them asses and won!! Look forward so many upcoming exciting Wii U titles. 🙂 andrewjcole Would that mean Canada to? No matter, it’s the past. Bob Wilkerson Now let’s see the lawsuit from that lady in France who claims she invented the exercise moves used in Wii Fit be dropped like a bad habit. Guhtere Lol, then why didn’t they sue in 2006? Merrfn Because they just thought of it? GoldDreams I hadn’t heard anything about this. I must admit the Creative Kingdom’s MagiQuest live action game is awesome. And everyone should try it at least once. Merrfn What system is it on? I may have a go at it. GoldDreams It’s a live action tourist attraction with various locations all over the world. Merrfn Is there one in New Zealand? Probably not. GoldDreams Nope. Sorry. I am just discovering now that they are only in the USA and Japan. Apparently the plans for the Europe locations fell through. Merrfn Well that means the only way I will ever play it is if I go on a holiday. There were never even plans for the pacific. GoldDreams I am sorry. It’s a lot of fun but rather easy for the most part. You can collect all the basic runes within 3-4 hours of play. I coulda’ sworn they were going to expand there but perhaps not. The worst part is waiting years between updates of new quest. Merrfn Well, I really don’t care to be honest. Merrfn Somebody should sue Microsoft for privacy infringement! LOL! Mario As long as nobody loses their jobs, I’m okay with that. Merrfn Spying on the world with the Kinnect 😛 Truthteller Lawsuit or not, sales of the Wii U have stopped anyway! goldmrmber Each of these following games will out sell knack and killzone 4 conbined MANY MANY TIMES OVER Donky kong wiiu mario wiiu zelda wind waker and wii fit u each on there lonsome will out sell killzone 4 and knack combined multipul times Sony fans REALITY JUST GOT CHECKED Richard Collard To Creative Kingdoms: Ha ha! That’s for trying to block my favorite Nintendo console and its successor! http://www.youtube.com/watch?v=rX7wtNOkuHo DVE Why a catsuit though? xD Im a grown man and mario is gonna make me feel like I’m playing a guilty pleasure now xD MysticDude97 Nintendo haters will be saddened to hear the news. Elitepwnsface I see this lawsuit as someone trying to get some money out of Nintendo. I am glade those greedy little B*st**d’s lost. cs_shane WOW. What a sad state for our legal system. Nintendo gets away from infringing another company’s product? Don’t tell me it’s right because “it’s Nintendo”. It is not right; and if you made something and someone else stole it and made millions off it, you would be doing the EXACT SAME thing that this company tried to do. Nintendo’s excuse is pathetic too. Nintendo claims that they didn’t infringe on a similar patent? Wake up Nintendo! A “motion control wand” is the exact same thing as a “Wii Remote”, so yes, Nintendo did infringe. AsterDW Aside from the fact that the ITC found the patents held by the suing party to be invalid. Which means they shouldn’t have been granted in the first place. In today’s patent system too many “inventors” spent a lot of time trying to patent problems instead of patenting the specific solutions. Did you bother to read the notice of the judge’s findings in the case before you spouted off nonsense? cs_shane You have got to be kidding me. Yes they found the patent invalid. But, if it was originally issued, shouldn’t the patent holder have the RIGHT to defend their patents? According to you, no company should protect it’s patents, IP, copyrights, etc. AsterDW Not at all, that isn’t what I said. The reality is that a lot of patents get issued spuriously in this country and their merit is left to the courts by the patent office instead of actually verified up front. Now yes company A may have thought the Wiimote infringed, but just because they thought so doesn’t mean it actually did. If you look at the technology behind the two devices it is easy to see they are not in fact the same thing just because you hold them in your hand. The court examined the devices and their related patents and came to the conclusion that the wiimote was not covered by Creative Kingdom’s device patents and further more their patents did not hold muster on their own merits to actually be valid. The wands in question do not read user input and transmit fine details to a host system like the Wiimotes do. They operate using a momentary switch attached to a ball in tube mechanism, so when a user applies centrifugal force by flicking their wrist the ball moves in the tube and activates the switch. That switch then activates an infrared LED at the tip which blinks in a set pattern unique to the wand. A sensor placed on targets reads that pattern to recognize which user is activating the signal. A Wiimote operates entirely differently and actually tracks position within a 3 dimensional space using accelerometers and gyroscopic sensors. It also uses an infrared camera which can track a multitude of infrared sources in order to provide detailed pointer information. All of this specific, and detailed information is transmitted to the console over a bluetooth connection. Basically Creative Kingdoms was comparing their device similar to a TV remote to a complex data recording input device on the sole basis that you hold each one in your hand. They certainly had the right to ask the court to look into it, but that doesn’t mean Nintendo was in the wrong like you implied. JVAN63 Motion Control can be implemented in different ways. Just look at Kinect and Move. Those are motion control, but work differently from each other and the Wiimote. It was a patent trial, with patent lawyers who reviewed both patents and found that Nintendo was not only original, but the other company had an invalid patent. This seems a lot more cut and dry than the patent wars between Samsung and Apple.