Immersion v. Sony
{{short description|US legal case}}
{{Use mdy dates|date=May 2025}}
{{Infobox United States District Court case
| name = Immersion v. Sony
| court = United States District Court for the Northern District of California
| image = US DC NorCal.svg
| imagesize = 150
| caption =
| full name = Immersion Corporation v. Sony Computer Entertainment America Inc. et al
| date decided = March 8, 2006
| docket = [https://www.courtlistener.com/docket/5717161/immersion-corporation-v-sony-computer-entertainment-america-inc/ 4:02-cv-00710]
| citations =
| transcripts =
| judge = Claudia Ann Wilken
| prosecutor =
| counsel for plaintiff=
| plaintiff = Immersion Corporation
| defendant = Sony Computer Entertainment America
| prior actions =
| subsequent actions = Affirmed, 239 F. App'x 578 (Fed. Cir. 2007)
| holding =
| keywords =
}}
In February 2002, Sony and Microsoft were sued by Immersion Corporation for patent infringement for the use of haptic technology in their gaming controllers.{{cite press release |url=http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=111788 |title=Immersion Files Suit Against Microsoft and Sony Computer Entertainment for Patent Infringement |archive-url=https://web.archive.org/web/20040107140353/http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=111788 |archive-date=January 7, 2004 |date=February 11, 2002 |access-date=May 13, 2025 |website=Immersion Corporation}} The lawsuit was filed in the United States District Court for the Northern District of California. Microsoft settled the matter out of court, but Sony defended the case. Sony lost the case in September 2004 and appealed the decision.
Sony lost the appeal at the US District Court level in March 2006, resulting in the suspension of the sale of all controllers containing Immersion-patented technology, including all PlayStation and PlayStation 2 console packages. It also resulted in the removal of the vibration functionality from the PlayStation 3 controller at its launch. An agreement was reached with both companies in March 2007 and resulted in Sony paying Immersion Corporation $97.2 million in addition to royalties.
Background
Sony and Microsoft were accused of infringing on claims in {{US patent|6424333|US Patent 6,424,333}} and {{US patent|6275213|US Patent 6,275,213}} (filed 2000 and 2001 as extensions of {{US patent|6088017|US Patent 6,088,017}}, itself filed 1998, all "tactile feedback man-machine interface device").{{Cite web |url=http://www.immersion.com/corporate/patents/patent_portfolio.php |title=Immersion Corporation - Corporate: Patents |access-date=August 23, 2006 |archive-url=https://web.archive.org/web/20061016091707/http://www.immersion.com/corporate/patents/patent_portfolio.php |archive-date=October 16, 2006 |url-status=dead |website=Immersion Corporation}} Both patents were continuation applications of a patent application originally filed in November 1995.
Nintendo was not involved in the case, as the technology used in the Rumble Pak and GameCube controllers) is based on a different design, for which Nintendo holds the patents {{US patent|6200253|US Patent 6,200,253}} and {{US patent|6676520|US Patent 6,676,520}} based on a Japan patent application filed on October 9, 1995.
Appellate history
While Microsoft settled out of court, purchasing a 10 percent share in Immersion,{{cite web | url=https://www.gamedeveloper.com/game-platforms/immersion-wins-sony-dualshock-patent-infringement-suit | title=Immersion Wins Sony DualShock Patent Infringement Suit | work=Gamasutra | date=September 22, 2004 | first1=David |last1=Jenkins | access-date=August 26, 2007}} Sony continued to defend the case. Immersion's lead attorney in this case was Morgan Chu.{{cite web |last1=Bringardner |first1=John |url=http://www.law.com/jsp/legaltechnology/pubArticleLTN.jsp?id=1099528830058 |title=Patents Take to the Big Screen |website=Law Technology News |date=November 29, 2004 |archive-url=https://web.archive.org/web/20070311022159/http://www.law.com/jsp/legaltechnology/pubArticleLTN.jsp?id=1099528830058 |archive-date=March 11, 2007 |access-date=May 13, 2025}} The defense centered on a force feedback controller patent, which Sony licensed from Logitech during 1998.{{cite web | url=http://blog.patents-tms.com/?p=53 | title=Game Over: Microsoft and Nintendo are Sued for Controller Designs |archive-url=https://web.archive.org/web/20140228114520/http://blog.patents-tms.com/?p=53 |archive-date=February 28, 2014 |accessdate=May 13, 2025 |website=Inventor's Rock}} Sony lost, with the jury awarding Immersion $82 million{{cite news| url=https://www.bloomberg.com/apps/news?pid=20601101&sid=aD4EnYnmB6uk&refer=japan | work=Bloomberg | title=Sony to Pay Immersion $150.3 Million to Settle Suit (Update3) | date=March 1, 2007 |first1=Susan |last1=Decker |first2=Jeff |last2=St. Onge |archive-date=September 30, 2007 |access-date=May 13, 2025 |archive-url=https://web.archive.org/web/20070930043905/https://www.bloomberg.com/apps/news?pid=20601101&sid=aD4EnYnmB6uk&refer=japan}} which, with the judge's addition of pre-judgment interest and costs, resulted in a total award of $90.7 million. In addition, the judgment required Sony to suspend the sale of all controllers containing Immersion-patented technology, including all PlayStation and PlayStation 2 console packages. Sony appealed this decision and was able to sell its products while the appeal was being heard. On March 8, 2006, Sony lost the appeal at the US District Court level and subsequently appealed to the US Court of Appeals for the Federal Circuit.{{Cite press release |url=http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=195343 |title=Immersion Corporation Reports First Quarter 2006 Financial Results |access-date=May 13, 2025 |archive-date=December 13, 2006 |archive-url=https://web.archive.org/web/20061213103556/http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=195343 |url-status=dead |website=Immersion Corporation}} The order to halt sales of the infringing controllers was again stayed pending the outcome of the appeal.
Significance and settlement
At E3 2006, Sony announced that vibration functionality would be removed from the PlayStation 3 controller, reasoning that the vibration would interfere with the motion-sensing feature of the controller. It has been speculated that the removal of vibration is related to the lawsuit,{{cite web |url=http://www.gamasutra.com/php-bin/news_index.php?story=9228 |archive-url=https://web.archive.org/web/20060621131318/http://www.gamasutra.com/php-bin/news_index.php?story=9228 |title=Pre-E3: PS3 Model Differences, Controller Changes Revealed |website=Gamasutra |archive-date=June 21, 2006 |date=May 9, 2006 |first1=Simon |last1=Carless |access-date=May 13, 2025}} and Immersion President Victor Viegas has been dismissive of Sony's stated rationale.{{cite web |url=https://www.gamedeveloper.com/business/ready-to-rumble-immersion-s-victor-viegas-on-playstation-3-s-lack-of-vibration |title=Ready to Rumble? Immersion's Victor Viegas on PlayStation 3's Lack of Vibration |archive-url=https://web.archive.org/web/20210827203009/https://www.gamedeveloper.com/business/ready-to-rumble-immersion-s-victor-viegas-on-playstation-3-s-lack-of-vibration |archive-date=August 27, 2021 |date=May 17, 2006 |access-date=May 13, 2025 |first1=Chase |last1=Murdey |website=Game Developer}}
On March 1, 2007, Sony Computer Entertainment and Immersion Corporation announced that both companies agreed to end their patent litigation and entered a business agreement to "explore the inclusion of Immersion technology in PlayStation format products."{{cite press release |url=http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=232152 |title=Immersion and Sony Computer Entertainment Conclude Litigation and Enter into Business Agreement |archive-url=https://web.archive.org/web/20070311235029/http://immr.client.shareholder.com/ReleaseDetail.cfm?ReleaseID=232152 |website=Immersion Corporation |archive-date=March 11, 2007 |access-date=May 13, 2025}} As part of the agreement reached between the two companies, Immersion would receive the full amount dictated by the District Court, which with interest was stated to total $97.2 million, in addition to royalties. On top of the $30.6 million in compulsory license fees that Sony had paid Immersion over the previous two years, Sony would make 12 more licensing payments through the end of 2009, totaling $22.5 million, including other royalties. The agreement also provided Sony with "new rights with respect to Immersion's patent portfolio."
References
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