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Immersion Corp., which develops and licenses touch-feedback technology sometimes used in game controllers, has won the latest round in its long-running legal battle again...

Simon Carless, Blogger

March 13, 2006

1 Min Read

Immersion Corp., which develops and licenses touch-feedback technology sometimes used in game controllers, has won the latest round in its long-running legal battle against PlayStation 2 manufacturer Sony, regarding the DualShock rumble technology used in all PlayStation 2 game controllers. This comes after Microsoft settled against the company back in July 2003 for similar Xbox-related patent violations, and continuing settlements with smaller companies, most recently peripheral maker Electro Source, thanks to Immersion's wide-ranging patent on the concept. In the last ruling against Sony, made in early 2005, Judge Claudia Wilken of the U.S. District Court levied an $82 million award to Immersion Corp., or 1.37% of Sony's sales of PlayStations and PlayStation-related paraphernalia. The $82 million is less than the $299 million originally sought by Immersion Corp., but the court ruled that Sony's infringement of the vibration patents was not willful and therefore not deserving of the full penalties. However, in this latest ruling appealing that $82 million award, according to a Wall Street Journal report, Sony's defence was the alleged nondisclosure of some of the inventions of key employee Craig Thorner. who has been a consultant both for Immersion and subsequently for Sony. But, according to the report, U.S. District Judge Claudia Wilken was unhappy with Thorner's testimony supporting Sony, given that he had also been paid by Sony, and so dismissed this line of defence. According to the reports, another appeal in the U.S. Court of Appeals for the Federal Circuit is expected to be heard this year, but it's expected that the matter will be finally resolved one way or the other in the next few months.

About the Author(s)

Simon Carless

Blogger

Simon Carless is the founder of the GameDiscoverCo agency and creator of the popular GameDiscoverCo game discoverability newsletter. He consults with a number of PC/console publishers and developers, and was previously most known for his role helping to shape the Independent Games Festival and Game Developers Conference for many years.

He is also an investor and advisor to UK indie game publisher No More Robots (Descenders, Hypnospace Outlaw), a previous publisher and editor-in-chief at both Gamasutra and Game Developer magazine, and sits on the board of the Video Game History Foundation.

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