Nintendo loses lawsuit with iLife involving Wii Remote tech, ordered to pay $10 million - Nintendo Everything

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Nintendo loses lawsuit with iLife involving Wii Remote tech, ordered to pay $10 million

Posted on August 31, 2017 by (@NE_Brian) in News, Wii

Update: Nintendo’s statement is in, and is as follows:

“On Aug. 31, 2017, a jury in Texas found that certain Wii and Wii U video game systems and software bundles infringed a patent belonging to iLife Technologies Inc. related to detecting if a person has fallen down. The jury awarded iLife $10 million in damages. Nintendo disagrees with the decision, as Nintendo does not infringe iLife’s patent and the patent is invalid. Nintendo looks forward to raising those issues with the district court and with the court of appeals.”


Original: Several years ago, iLife Technologies Inc. and Dallas-based law firm Munck Wilson Mandala filed a $144 million patent infringement case against Nintendo of America. Nintendo was accused of infringing on iLife’s motion-sensing accelerometer technology present in Wii Remote controllers.

A verdict was finally handed down today. A jury in Dallas, Texas sided with iLife, and Nintendo will be forced to pay $10 million.

As Rolling Stone reports, iLife Technologies has certain tech used to monitor infants to help prevent sudden infant death syndrome. It’s also used for the elderly to watch out for falls. However, iLife believed that its technology could be incorporated into other uses, including the Wii Remote.

Originally, iLife was looking to obtain a $4 per unit royalty payment tied to 36 million Wii systems sold in the six years before the suit was filed. But Nintendo said that the patent was invalid since the patent wasn’t properly written.

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  • Man

    YIKES!

  • Apfel

    This will definitely affect My Nintendo rewards

  • WTFISTHISSHIT?

    Lol what? Just appeal and hope the next jury aren’t a bunch of idiots.

    • Tlink7

      I don’t understand why you guys even have juries lol

      • ronin4life

        The idea is it is harder to corrupt a large panel of people kept protected for the purpouse of judgement than it is a single judge.

        Not bulletproof but meh.

        • Tlink7

          I think it is a bit odd, but we don’t employ that system where I live, so I’m happy 😛

      • Jaxad0127

        The right to a trial by jury is an old one in common law systems.

        • Tlink7

          Just because something is old or common doesn’t mean it is good

          • If both parties agree, they can have the verdict set by the judge instead of a jury. Jury verdicts can also be altered by a judge in extreme cases.

    • Fandangle

      It’s not a criminal case. It’s a lawsuit. The judge decides the verdict based on laws and previous similar cases. There’s no juries.

      • Jaxad0127

        This was a jury case. Patent cases can have them (at least is this district, one which is favored by patent owners).

        • Fandangle

          Huh never heard of it going that way beforw, of course I don’t follow these things religiously. I wonder what the logic is.

          • Jaxad0127

            I think the logic is because this is a case about facts, not laws. Is the patent good? Did the defendant violate it? Etc.

          • You can have a jury decide the verdict for anything except appeals.
            You can also waive your right to trial by jury in criminal cases and have the judge decide.

    • YoungTheFish

      I did not expect a intelligent conversation like this happen on this website…

    • There aren’t juries on the courts of appeals, just judges.

  • Tjnswitch

    Like most patent lawsuits, it dragged on for years…i wonder if a retroactive appeal would help them in this case like it did with the 3DS screen tech lawsuit ?!? In this case they should focus on the outside-in for the appeal…..then again 10million is like a 1,000 buck$ for your average joe…its alot but doable. I’m just wonder how this case is going to effect the latest one too

  • Aline Piroutek

    If the patent wasn’t properly written, the lawsuit can happen?

  • Tlink7

    10 million is nothing to Nintendo

  • Tlink7

    Oh noes, Nintendo will surely go bankrupt now

    • Velen (Not WoW)

      Kinda missing the bigger point here.

      -if iLife managed to win this…. Then Gamevice could end up winning too which will mean the end for Nintendo in the market.

      • DrWilly

        lol good one

      • This situation at least makes more sense in iLife’s side. The Gamevice one makes less sense, and given how much more extreme what they’re asking for is, they are waaaay less likely to succeed.

        • Velen (Not WoW)

          I already know it makes less sense, but this is Texas we’re talking about. Patent Trolls love using the East Texas court system for a reason cause they’re more friendly to patent trolls. It’s well known at this point.

      • andyva

        No it does not. ILife also wanted to stop the sales of the Wii and Wii U and a hefty sum, but instead only got 10 million. So even if GameVice wins, chances of it stopping Nintendo from selling consoles are none. At most, they would have to pay a royalty per unit sold, but I don’t even think they would be able to get that far.

        • Velen (Not WoW)

          Having to pay royalty is still a bad thing, cause it means it cuts into the money Nintendo can make on it.

      • John Smith

        Rubbish. Absolute rubbish.

        • Velen (Not WoW)

          -and you just added to the conversation how exactly?

          • John Smith

            By not making a false assumption.

          • Christian Schoff

            The same as you did replying to him. Piss off Velen.

      • Apfel

        If nintendo offers Gamevice a free switch, a couple of games, first print of Binding of Isaac and a year supply of Kentucky Fried Chicken to drop the lawsuit, I think they might take it.

        • Apfel

          Adding the rights of Project Giant Robot will instantly close the deal.

        • Velen (Not WoW)

          Maybe.

      • Tlink7

        Just because one guy wins one lawsuit does not mean all other people are going to win lawsuits against Nintendo

  • wisdomsprince

    They saw that the patent wasn’t properly written so the swooped in and took it. The judgement isn’t enough but it’s good that they lost. Couldn’t happen to a nicer bunch

    • Cooe

      Someone’s sucking something over at iLife *facepalm*

      • I think he’s just anti-Nintendo, hence his support of iLife.

        • wisdomsprince

          What anti Nintendo gamer buys a Wii u with almost all the first party games? I’m just not in favor of billionaires misusing there blessings and Nintendo does that quite often

          • I don’t know, you say you buy Nintendo stuff, but you only have oddly negative things to say, and some of it is kind of a stretch.

            I get being dissatisfied with some of their choices and critiquing them for it, but a few of your comments don’t read that way at all.

            Why blindly support iLife in this scenario if it weren’t for dislike of Nintendo? How much did you know about iLife before this situation?

  • Kinda random here. I wonder what the core of the win was for iLife, because sure the Wii could “detect” if someone falls, but that isn’t something it’s built for. . .? I feel like Nintendo could try for something more here, but it would be so worthless. After paying 10mil, unless they can counter for well more than that, there’s no point in the fees.

  • Blueberry

    Someone’s gotta finance the hordes of American lawyers. Of course it makes sense for this to drag out for years, and reach nonsensical conclusions.

  • Auragar

    Surprising that Nintendo lost. They never lose in these kinds of cases.

    • ronin4life

      The case was in Texas. The suing company was also in Texas.
      In the US, which has insane amounts of corruption and quid pro quo and a patent office incentivised into churning out acceptance to applications over proper procedure determining if a patent is valid.

      • ben

        I know.. it is so funny to see people jumping on this when it was not even a national case. Nintendo will just keep climbing up the ladder until ilife cant afford to cover the lawyers that is how these things work.

      • MoYeung

        “In the US, which has insane amounts of corruption and quid pro quo dealings through all levels and a patent office incentivised into churning out acceptance to applications over proper procedure determining if a patent is valid.”

        Why no one called the FBI?

      • You’re saying ilife bribed a jury?
        How does corruption factor in here?

  • Exy

    Nintendo should just let them keep it. Texas kinda needs the money right now anyway.

    • iLife Technologies has nothing to do with Texas’s state government.

      • Jack Red

        I think Exy meant after Hurricane Harvey.

        • Which makes Raildex21’s comment still true. The government needs the money for the hurricane relief, and not all Texas companies are actually helping people.

        • which hit houston, a six-hour drive south of dallas

  • ben

    LOL Nintendo will not pay this. This is some backwater court ruling that will not stand as it goes to higher levels of court.

    • John Smith

      Backwater court? It’s a federal district court with a federal judge. You don’t have any idea what you are talking about.

      • ben

        It was jury rule in Western Texas it was bs.

        • John Smith

          In a FEDERAL COURT RUN BY A FEDERAL JUDGE!

          • ben

            LOL like that means anything with patent case! until it goes to a national level it is just some corrupt yanks making up their own rules as usual

          • John Smith

            and there we have it! You have no idea what you are talking about and are just basing your views on prejudice.

          • ben

            And you cant even read the article..

          • John Smith

            I can read it just fine. I’m an attorney. You on the other hand are a spiteful little kid.

          • ben

            So an attorney who spends his free time trolling Nintendo sites. lol get outta here.

          • John Smith

            I’m actually a fan of Nintendo. Calling you out on nonsense does not make me a troll. It just means that you are an idiot.

          • ben

            You seem to think that this decision made by a jury in favour of a Texas company in Texas for a product sold Nationally and internationally will stand up?

            If, as you say, it is a federal court and America allows patent cases involving international products to be decided by local district courts that use juries and judges who know nothing about technology and reward a local company with a pay out on something that is clearly not even related then you work in a country that is stupid.

          • John Smith

            Yes I do. Here’s why. Its a decision of a federal court. Its judges appointed by THE PRESIDENT OF THE UNITED STATES. The path of appeal is to ANOTHER TEXAS BASED federal court. On appeal an appellate court can only overturn a jury verdict where it is manifestly unreasonable. It can’t overturn it just because it so wishes. Appellate courts defer to lower courts on issues of fact.

            Guess what? Every country that has IP laws has judges who may not know about technology. Judges go to LAW SCHOOL, not Engineering school.

            You think America is stupid? What are you typing on and how are we communicating? The computer and the internet – American Inventions.

            Now, disappear.

          • ben

            Wow.. First the Internet was invented in the UK and the computer is not an American invention either… no wonder you guys think a “help I fell down” sensor is the same as the wii mote.

          • John Smith

            The first workable prototype of the Internet came in the late 1960s with the creation of ARPANET, or the Advanced Research Projects Agency Network. Originally funded by the U.S. Department of Defense, ARPANET used packet switching to allow multiple computers to communicate on a single network.

          • ben

            That wasn’t the internet though was it. Idiot.

          • John Smith

            It was the invention of the internet. Karl Benz invented the first car. Are you saying that he didn’t invent it because we now have Fords?

          • John Smith

            I find it hard to believe that you have the intellectual capacity to keep breathing without mechanical assistance.

          • ben

            Are you crying now? You are reduced to this level of insult because you made such a stupid statement about the computer and the internet. You are an absolute joke mate.

          • John Smith

            Tell me, then idiot, who in the UK invented the Internet? I’ve got all day. You stupid skip.

          • John Smith

            Any day now. Found some evidence that the Internet was invented in the UK yet? Should I check in tomorrow, dunce?

          • ben

            I mean… they said it at the opening ceremony of the London Olympics……So yeah…

          • John Smith

            Because that’s the surest source of information, your feeble memory from years ago. HAHAHAHAHAHA

          • ben

            It was 2012. It wasn’t years ago and the facts are on Wikipidia. I am sure you have been using it a lot to try and win this stupid conversation.

          • John Smith

            Are you always this wrong?

          • ben

            Are computers American chump? nope.. I forgot you are American.. can never admit when you f`up

          • John Smith

            IBM created the first PC. That’s what you are using, right?

            Can never admit when you f’d up? Tell me boyo where was the internet invented again?

          • ben

            The internet that we use was invented in Switzerland at Cern.
            I wasn’t thinking about the PC as that wasn’t what you wrote.

          • no bro
            the internet is far more complex than hypertext pages linked to each other
            there’s loads of infrastructure and the basic communications protocols built by DARPA and a vast, multinational cooperation on a massive scale over the course of years, with contributions from government research, private industry and academic research that has resulted in what we use today

            it was a technological revolution
            it wasn’t “the Earl of Sandwich invented the sandwich by putting meat between two slices bread”

          • John Smith

            So tell, me dimwit, where are you from?

          • ben

            Originally Europe.

          • the WWW isn’t the internet
            the internet was developed in the USA in the 70s. FTP and Usenet protocols preceded the WWW, which tim berners-lee helped developed in switzerland in the early 90s
            email was invented at MIT wayyy back in the 1960s

          • ben

            The world wide web is the internet.. you may as well say a horse and cart is a car.

          • HAHAHHAHAHAHAHA
            no
            so much no

          • ben

            I know it must be difficult being American.. you are brought up to never know or admit when you are wrong.

          • what’s wrong with that, ben?
            lawyers are just people, they’re not some kind of upper class that dare not touch a video game

          • ben

            Do people normally list their profession when they argue with people on the internet, Phil? Or is it mostly done by Trolls when they want to pretend to have authority?

          • I think it would behoove you to do a little research and find that John is correct on every point. Dallas is not even Western Texas, it’s Northeast Texas.

          • ben

            Even if he is correct Nintendo wont pay. It is non sense. The case is that an alarm that detects motion of falling is the same as the wii motion detection. It is a joke. The US patent laws are a joke.

          • I agree the patent laws are a joke, but they’re still US law, and the courts have very little leeway in enforcing US law.

          • John Smith

            And by the way – federal court – is a national level, idiot.

          • ben

            America is one dumb country so it does not surprise me that you allow international affairs to be decided by some morons in texas.

          • John Smith

            International affairs? The verdict only applies in the USA. It doesn’t affect any sale anywhere else in the world.

            Please stop embarrassing yourself and whatever country you come from with your pettiness.

          • ben this is national level. It’s the U.S. district court. Federal judges are nominated by the President and confirmed by the U.S. Senate. The only higher courts in this area are the 5th circuit court of appeals and the US Supreme Court.

            Dallas, in any case, is no “backwater.” It’s a city of 1.3 Million people in a metro area of 7 million people.

          • ben

            Any decision made by a judge and jury that rules in favour of a local company over an international company on a patent troll case should be considered a suspect. The supreme court and a group of experts on technology should make these decisions not some group of Texans.

          • Why? Local companies should not be allowed to win verdicts against international companies? That seems incredibly suspect to me. Why would an international company automatically get more credit than a smaller one?

            I guarantee this trial did not go by without Nintendo’s lawyers bringing in experts on technology to testify to the jury on their behalf. They were also able to influence jury selection to a great degree.

            Nintendo is probably working on an appeal, but they only have the right to appeal to the circuit court of appeals. SCOTUS decides which cases it wants to hear and is very selective.

          • ben

            Because it is economic bias from the outset.

          • And your view that “international company>local company” isn’t “economic bias?”

          • ben

            I don’t stand to gain anything for myself or my community so how can I have a bias?

  • PRIMUS

    Appeal, appeal. Why was the move not sued. Smells of sony collusion.

    • Vigilante_blade

      I think this is quite a stretch.

      • Tlink7

        I swear half the people on this damn website think Sony is behind literally everything that is bad <.<

        • R.Z.

          I heard it’s the Playstations that are killing all the Bees.
          😛

          • Vigilante_blade

            Hurricane Harvey, clearly a Sony ploy to slow down SNES classic deliveries.

  • PRIMUS

    Of course it is Texas. If Nintendo can suffer like this, imagine poor broke people there. Jesus come and act on Texas’s nonsense.

  • Shonenfan

    “Nintendo looks forward to raising those issues with the district court and with the court of appeals”

    Hope something comes out of this. As PRIME said sony used move and even had ps2 with motion controlled games(though very limited ).

  • Padre

    Every phone can (and are used too) detect if elderly people fall down. iLife should sue Apple ans Samsung too and hope that mobile phones are taken also out from the market. Also many other companies make these products, way before some redneck small money hungry company. They are insane. I hope Texas will drown in the floods now.

  • Onesimus

    This decison will eventually be appealled and be thrown out in the higher courts.

  • > Dallas-based law firm
    > A jury in Dallas, Texas
    If doesn’t raise suspicion of some type of corruption, I don’t know what does.

    • Edgarska

      Or it’s how the justice system works in the USA, the case goes to court where it was filed, unless it’s a federal case.

    • Nintendo does business in Texas – Retro Studios is in Texas and Nintendo advertises and sells consoles in Texas. If Nintendo had a legitimate problem with the jury selection or the jurisdiction, its lawyers would have had something to say about that.

  • Coonfoot

    Only in Texas could Nintendo actually lose one of these bs lawsuits…

  • Guest Person

    My heart freaking stopped at first because I thought this was about the Switch and Gamevice. Luckily not!

  • Vigilante_blade

    Don’t really care what happens either way. The companies can sort this out on their own.

  • nekoknight

    The jury obviously doesn’t understand how technology works. Don’t let the patent trolls get the best of you, Nintendo.

  • R.Z.

    There was that a few weeks ago, it was about Pokémon Go but sums up this case pretty well :
    https://www.penny-arcade.com/comic/2017/08/11/pokemon-no-fest-part-3

    • jerry holkins is a narcissist likely to include you in the masses of people he thinks don’t know anything

  • garf02

    In the unlikely case Nintendo loses the appeal and like 3 more circuits they can appeal again, given their war chest, asking em 10M is like asking you to pay 10$ out of 6,000$ in you bank account

  • Justin McQuillen

    sounds like an easy appeal

  • Wanderlei

    >jury in Texas

    There is your problem.

  • Jack Bankhead

    Nintendo needs to take patent lawsuits away from Texas.

    Texas does not understand the importance of copyrights, patents, or intellectual properties.

    • The only way to do that is to stop doing business in Texas. Then ilife would be free to sue them in any other state they do business.

  • Locky Mavo

    Well, if they do end up having to pay the $10mil, it’s much better than paying the $144mil they were tried for.

  • Fredy Rodriguez Ortega

    at least it was not a White Walker spear