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garyopa
10-09-2011, 10:31 PM
Upoint Laser is claiming they hold a patent covering the Wii's pointer!

http://www.maxconsole.com/maxconsole/contents/RKSID00000000000000000084/icon.jpg

This is not the first time Nintendo been sued over the Wii, first it was ThinkOptics, but now Upoint Laser is going patent-trolling!

Upoint Laser has decided to jump into the 'Let's Sue Nintendo' game, that ThinkOptics started a while ago.

In this case, Upoint claims patent 7,746,321 which covers "controlling movement of a computer display cursor based on a point-of-aim of a pointing device within an interaction region includes projecting an image of a computer display to create the interaction region." is the heart of the problem:



"Prior to the filing of this action, Nintendo America was expressly and specifically notified of the issuance and existence of the '321 patent, and that its unauthorized manufacturing, sales and importation of the accused products was was an infringement of the '321 patent.

Nintendo America refused to cease its infringement after notice of the '494 publication and notice of the '321 patent. Instead, Nintendo America continued and still continues to deliberately infringe the '321 patent. Nintendo America's infringement of the '321 patent was and is willful and in bad faith, entitling UltimatePointer to increased damages [...] and to reasonable attorney's fees."

Upoint had this patent since 2005, but are still as the screenshots show below in the TESTING stage of their pointer!

Patent-Trolls, are they right or wrong to wait for years and then sued for damages once a company is successful?

NEWS SOURCE: Nintendo Gets Sued (via) TechCrunch (http://techcrunch.com/2011/10/04/nintendo-gets-sued-over-the-wii-again)