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News \ Nintendo Being Sued Again, This Time Over The DS's Touch-Screen

Nintendo has received yet another lawsuit, and just after they finished one up that saw them out of pocket with some cash, but what is it for this time, the Nintendo DS touch screen has infringed upon something.

That's right Nintendo is being sued over the Nintendo DS infringing upon a patent set by Mr. John R. Martin, from Illinois America, and the patent basically covers "touch screen and pointing device gaming technology".

However there is a problem with Mr. John R. Martin's claim as the Nintendo DS was released in 2004 his patent was filed in August, 2005 however apparently while this particular patent is more recent, it's actually the continuation of a series of patents first filed all the way back in 1995.

If your just wondering what his touch-screen device was, it's a gambling device that uses GPS and has something to do with gambling laws. The image above is a drawing from Martin's patent application and illustrates how he envisioned for the Gambling device to be. While Martin does not specifically refer to the DS, the form of input he describes seems to fit the DS as opposed to the Wii's motion-sensitive input.

Submitted by jofra01 submit to digg 08/07/2008 371 12

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Source URL:

http://kotaku.com/5022796/oh-look-another-patent-lawsuit-filed-against-nintendo

Comments

G-Ramsey
Kudos: 3,526
Mates: 67
this is total BS. nintendo will beat this sorry loser back to his casino garage in reno vegas.
11/07/2008
Final Fantasy: Echoes of Time
Where the fish are. :3
zeDSman
Kudos: 204
Mates: 22

jofra01 said: I doubt Nintendo would lose this case



same. this is just a annoyance.
nothing to be scared of.
09/07/2008
Animal Crossing: Wild World
in your atic eating your muffins
jons2ann
Kudos: 1,626
Mates: 33

Sumguy0 said: Ha, this guy is wacko. Why would gambling do anything with gaming. Man, stop trying to ruin our fun. But if they get sued, does that mean they have to stop making DSs? Or does that mean they have to make a different type of touch screen?



Touch screen technology for gaming is widely used everywhere. PDAs, phones, Tablet PCs, gambling machines and arcades. Like I said, Nintendo is just an easy target.

Typically, a patent infringement results in the infringer paying the patentee a percentage of the profits but it doesn't stop them from creating more devices. I believe after it's paid, it excludes them from that violation.

The idea of patents is so that we can acknowledge the inventor of particular things. That guy believes he invented touch screen gaming integrated devices. Nintendo was already in the gaming scene long before him. It was only a matter of time before a company like Nintendo would incorporate other technology into our games.

I honestly believe his patent expired. That's why he renewed it. And that's why he's suing. There's no proof that his device exists. Probably a design patent which only lasts around a decade.
09/07/2008
Taiko no Tatsujin DS Touch de Doko don
Clayton, Melbourne, Victoria
Sumguy0
Kudos: 2,504
Mates: 101
Ha, this guy is wacko. Why would gambling do anything with gaming. Man, stop trying to ruin our fun. But if they get sued, does that mean they have to stop making DSs? Or does that mean they have to make a different type of touch screen?
09/07/2008
GTA: Chinatown Wars
on a boat
jons2ann
Kudos: 1,626
Mates: 33
www.patentstorm.us/

Basically he invented a touch screen gambling device that was specifically tailored for aircrafts and boats. The GPS component of the device is supposed to detect coordinates in that if the device ends up in a country where gambling is illegal (ie. Mexico), the mode of the device switches to an amusement mode. The touch screen itself is supposed to be used with the fingers.

Funnily enough... MegaTouch games links more closely to this guys claims than the NDS.

Nintendo has already been sued $21 million for infringing on game controllers Wavebird and the Classic (hence the word AGAIN cited in the topic header). Pretty much an easy target considering there are dozens of others who create the same design.

But what I don't get is that while patents are territorial, why is Nintendo America being sued for inventions made in Japan?
09/07/2008
Taiko no Tatsujin DS Touch de Doko don
Clayton, Melbourne, Victoria
DSgame_boy
Kudos: 3,565
Mates: 88
just leave nintendo alone!!!
09/07/2008
Legend of Zelda: Phantom Hourglass, The
Melbourne,Victoria
insidious
Kudos: 9,534
Mates: 99
lol.. this guy obviously failed at his invention. nintendo succeeded he sees this he sues.. genious.... or not what an absolute tool, maybe if this guy actually tried at this invention nintendo could have paid him royalties.. instead of making some giant dinnertable with a touchpad the size of a dinner plate.
08/07/2008
Legend of Zelda: Phantom Hourglass, The
Surviving hordes of Nazi zombies!
dagamster
Kudos: 252
Mates: 22
what the hell!!!!, that touch screen that the guy made is huge compared to the ds and on the ds you use a stylus!!!!
08/07/2008
Super Mario Advance 2: Super Mario World
the post is up there ^ ^ ^ ^ ^ ^
ICC_06
Kudos: 12,010
Mates: 121
Didn't Nintendo get sued for this already?
08/07/2008
Grand Theft Auto: Chinatown Wars
Adelaide / If you can read this you're not blind
adommer
Kudos: 2,875
Mates: 322
If this guy has young children I bet they hate him for this.
08/07/2008
Pokemon Pearl
Sydney, NSW
Guyver
Kudos: 16,339
Mates: 185
I like how they wait until something is a success before the lawsuits start coming out of the woodwork.
08/07/2008
Mario Kart DS
Melbourne
jofra01
Kudos: 3,886
Mates: 25
I doubt Nintendo would lose this case
08/07/2008
Trauma Center: Under the Knife 2
Brisbane
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