October 2004
US Court Returns Shocking Feedback to Sony
The battle, which commenced in early 2002, looks set to continue between Immersion Corporation, a leader in developing, licensing and marketing digital touch technology and products and Sony. Final judgment has yet to be given but meanwhile, a Federal court has returned a verdict favourable to Immersion in its patent infringement suit. The verdict asserted that Sony Playstation's Dual Shock Controllers infringe two of Immersions' patents, which cover "hap feedback". This is essentially the use of "vibrotactile effects" which provide tactile feedback to the program's user. Force feedback has in fact emerged as a standardised feature in the gaming industry.
Assuming judgment is rendered against Sony, Sony would be forced to pay $82 million in damages. Furthermore, if an injunction ensues, resulting in a recall of all Playstation2 Dual Shock Controllers, Sony may be left with no choice but to join the ever increasing number of Immersion licensees, which include companies such as Nyko, Logitech, Thrustmaster and Apple Computer. Interestingly, should the recall occur, Microsoft who reportedly has a 10% shareholding in Immersion will stand to benefit greatly and not just in monetary ways, by ridding themselves of competition just before the festive season.
BRIFFA Comment:
If you own a patent, you can prevent others from using or selling the invention covered in the patent, who do not have your permission. However, as well as using the patent yourself, a patent can be licensed or assigned. This ruling stresses the importance and value of securing patent protection and it also highlights the profit that can be made from licensing the use of your patent. Other companies sued by Immersion have taken a licence of the technology and it is Sony's decision to fight the patent claim that has brought about that result. Beware too, not to infringe a patent, as this could result in a substantial claim in damages, recall of the product/s in question and a possible smear on your reputation. Moreover, litigation can be very expensive. If your invention has a value to it, patent it.