As if Nintendo needed any more obstacles to overcome in the current console generation. Philips is suing Nintendo and is hoping to cease all Wii U sales in the U.S.
The electronics firm is claiming that the video game giant is infringing on two of its motion control patents. The infringing technologies – which the patents describe as a “Virtual Body Control Device” and a “User Interface System Based on Pointing Device” – are allegedly found in the struggling Wii U and its GamePad, as well as last generation’s Wii and its Wii Remote.
Interestingly, the document alleges that Nintendo was aware of its infringing products all the way back in December of 2011. If so, the company would have been aware of the issue long before it released the Wii U. Philips is seeking damages of up to three times their amount plus interest. Further, until the issue is resolved, Philips is demanding that importation sales of Nintendo’s infringing products be stopped.
If Nintendo finds that Philips has a case, the matter is likely to be settled out of court because, no matter how poorly the Wii U is being received by consumers, the company can’t afford to have it off the market.
Here’s an excerpt of the 10-page filing:
This is a civil action for infringement of a patent arising under the laws of the United States relating to patents, including 35 U.S.C. § 281
Prayer for Relief
Philips respectfully requests that judgment be entered:
A. declaring that the Defendants have infringed the ’379 and ’231 patents;
B. declaring that the Defendants’ infringement of the ’379 and ’231 patents has been deliberate and willful;
C. compensating Philips for all damages caused by the Defendants’ infringement of the ’379 and ’231 patents;
D. enhancing Philips’s damages up to three times their amount pursuant to 35 U.S.C. § 284;
E. preliminarily and permanently enjoining the Defendants, their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with them, from making, using, selling, offering for sale, and importing within the United States interactive virtual modeling products and HCI products;
F. granting Philips pre- and post-judgment interest on its damages, together with all costs and expenses;
G. granting Philips its reasonable attorney fees pursuant to 35 U.S.C. § 285; and
H. awarding such other relief as this Court may deem just and proper.
Demand for Jury Trial
Plaintiff respectfully requests a trial by jury on all claims so triable.