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Intellectual Property Law

: Video Game Law Blog

Sony, Nintendo and Nokia Sued for Patent Infringement

By Chris Bennett, Tudor Carsten, Michael R. Coburn, Sarah Dale-Harris, Pablo Guzman, Danielle (Dani) Lemon, Chris Metcalfe and David Spratley

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More fun with patents! This time, Texas-based Wall Wireless LLC is alleging that Sony, Nintendo, and Nokia have infringed its patent with Sony's PSP, Nintendo's DS and Nokia's N81, N82, N93 and N95 mobiles, as well as certain real-time online multiplayer games such as Mario Kart and WipeOut Pulse. Wall Wireless' US patent was issued in 2003 (patent #6,640,086 if you're so inclined), and claims that by "using an apparatus like a cellular telephone, an operator is able to create a message by singing into the apparatus or by pressing buttons on the apparatus as he listens to background music presented by the apparatus. By pressing buttons, the operator is able to generate sounds as if he was playing a musical instrument."

According to the Edge website, which obtained the court filing, Wall is claiming irreparable harm unless an injunction is issued, and of course seeks damages and all its costs and expenses. The filing states that each defendant received a notice of the patent in question "at least as early as October 2008", and that "as a result of Defendants' infringement of the "086 patent, Wall Wireless has suffered monetary damages that are compensable ... by no less than a reasonable royalty."

Coverage can be found here.

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Full post as published by Video Game Law Blog on March 02, 2009 (boomark / email).

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