Back in January, we reported that Japanese developer Colopl was being taken to court by Nintendo over five patents which the latter claims were violated in the game Shiro Neko Project (aka White Cate Project).
This legal battle has been rolling on all year, with Nintendo adding a sixth infringement - regarding a system of connecting and recognizing friends across devices - in the second round of hearings, while the third round was mainly taken up by Colopl refuting this new claim.
Because of this - and due to Colopl’s alleged attempts to slow down the process by attending hearings late and refusing to cooperate entirely with the process - the lack of discussion around the original five patent infringements have made a fourth hearing necessary.
Colopl has apparently now argued that Nintendo’s patents are invalid due to games existing prior to their patent applications. As an example, the ‘Punicon’ touch panel joystick was already used in Nobunaga’s Ambition Online and Phantasy Star Online, both on PC, Colopl has claimed. The company also says that Microsoft Flight Simulator 2000 Professional’s 'Standby Mode' uses the same process that would later be patented for Super Mario Advance’s Sleep Mode.
Colopl's line of debate may sound convincing, but changing its stance at this late stage is risky - and it could be that the company is simply trying to buy itself time rather than win the case against Nintendo. The next hearing is scheduled for December 5th, and Nintendo is expected to argue its case again Colopl's latest line of argument.
While all of this is going on, Colopl still has plans to bring White Cat Project to Nintendo's console in 2020.
[source siliconera.com, via tmiyadera.com]
Comments 17
Forgot about White Cat Project, the FMV still looks good, but no actual information on play style lets it down.
Can’t we all just get along?
Damn Nintendo, just let them bring the game out for your system already. It's not like you're losing something here.
@retro_player_22 They may lose exclusive rights to whatever patents they are trying to defend, meaning that everyone else on any platform can do what Nintendo are trying to stop Colopl from doing.
Here's the problem and why they won't win when you do this infront of a magistrate overseeing the patents infringements.
"attending hearings late and refusing to cooperate entirely with the process"
Sooner or later will they come back to roost.
Wow, those White Cates sure are cool. Anybody been to a White Cate Cafe? How about some Cate food?
Heard about that saying "curiosity killed the cate"? Yeah, me neither
Ugh. I don't know all too much about legal stuff and all, but I can see a company trying to cash on on something popular when I see it.
Well, the very first scene in the video is a blue ocean, so case closed. Infringement confirmed.
@bimmy-lee Can't forget the flying airship! And the outcropping over the beach is similar to Halo. Microsoft should jump in
@InklingLegend It's almost guaranteed that Nintendo's winning this one. That's a considerable amount of disrespect and disregard for the court system Colopl is showing. Good luck finding sympathetic judge when you act like that. Also, changing their argument in the middle of the proceedings is probably not the wisest idea.
@HobbitGamer - You’re right, there are infringements everywhere! Time to show my age with a Navin R. Johnson reference. There are so many infringements, I can’t even SEE the game.
@bimmy-lee Nintendo hates those infringements! Get away from the infringements!!
Is that the wind fish from Link's Awakening?
@HobbitGamer - Colopl. Sounds like a typical, run of the mill schmuck.
@Trajan - Yes, but wearing a divine beast costume.
The problem is the patent system. How can something as broad and generic as ‘a system of connecting and recognizing friends across devices’ ever be granted a patent?
The patent system was designed to encourage the development of new inventions. Now it’s used as a weapon against your competitors.
Note: patents are entirely different from trademarks and copyright
What has Yoshi done this time
@Bondi_Surfer
Can't be that good of a system when Nintendo doesn't use it themselves.
Or is only their implementation of this "system of connecting and recognizing friends across devices" just an inferior implementation on Switch?
And how does it differ from the systems MS use within XBL Live or Sony use with their PSN for years now?
As you say, it's very broad and generic.
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