While Nintendo’s motion-sensing Wiimote and Nunchuk may have gotten off on a technicality (or two), the Wii Classic Controller, WaveBird and original GameCube controller may not be as lucky, should Texas judge Ron Clark and plaintiff Anascape Ltd. have their way.
Following a trial in May where Nintendo was ordered to pay Anascape $21 million for infringing upon the latter party’s controller patents, Bloomberg reports that Judge Clark has now moved to ban all three legacy controllers from sale in the United States:
U.S. District Judge Ron Clark in Lufkin, Texas, rejected Nintendo’s request for a new trial in the case won by closely held Anascape Ltd. of Tyler, Texas. He said that he would stop sales of the Wii Classic Controller, WaveBird controller and Nintendo GameCube controller. His ban will be put on hold while Nintendo appeals the verdict to the U.S. Court of Appeals for the Federal Circuit, according to Anascape lawyer Doug Cawley.
The judge, scheduled to issue his ban order tomorrow, said Nintendo will have to post a bond or put royalties in an escrow account to avoid the halt, said Cawley, of McKool Smith in Dallas. The opinion denying a new trial was issued July 18, the same day as the hearing on Anascape’s request for an order blocking sales of products found to infringe its patent.
Official communication from Nintendo spokesman Charlie Scibetta relayed that Nintendo has decided to post a bond, and “immediately appeal” to a Federal court. He told Bloomberg that the company no longer makes either the WaveBird or the GameCube controller, and that sales of the Wii Classic Controller should not be blocked pending appeal.
Though some consider Anascape a patent troll, a company lawyer argued that the ban is necessary so that Anascape can bring its own product to market.
Thanks to Game|Life for the link.
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