Nintendo's Wii system to be probed on patent

Washington: Nintendo Co., the maker of the top-selling Wii video-game console, will be investigated to see if the player infringes a Maryland electronics laboratory's patents for motion-control technology, a US trade agency said.

The US International Trade Commission in Washington has said it will investigate whether the Wii system and accompanying remote controls violate patents owned by Hillcrest Laboratories Inc.

If a violation is found, the agency can block imports of the Wii. An investigation typically takes about 15 months.

"By instituting this investigation, the ITC has not yet made any decision on the merits of the case," the agency said in a statement announcing the probe. Nintendo said it would fight the claims.

Three of the Hillcrest patents are for motion-control technology and a fourth is for graphical interface software used on the television.

Kyoto, Japan-based Nintendo makes the Wii player, allowing users to simulate games by swinging a motion-sensing controller like a bat, tennis racket or other item.

No response

Nintendo said it hasn't yet had a chance to respond to the allegations.

"After a judge is assigned to preside over the investigation, Nintendo will have the opportunity to present its case," Nintendo of America spokesman Charlie Scibetta said in a statement. "Nintendo respects the intellectual property rights of other companies, and believes that none of its products infringes the Hillcrest Laboratories patents."

Hillcrest said it had no comment beyond its August 20 statement announcing the complaint.

Rockville-based Hillcrest said it licenses its motion- control technology, called Freespace, to Logitech International SA, Universal Electronics Inc. and other companies.

The graphic interface technology, which is called Home, is licensed to companies that Hillcrest declined to name.

Earlier Thursday, Hillcrest announced that it has signed a licensing agreement with Eastman Kodak Co., the 128-year-old photography company. Hillcrest also had filed a lawsuit against Nintendo seeking cash.

That case is likely to be put on hold while the ITC case proceeds.

Other complaints

Nintendo has had other patent-infringement complaints filed against it as the Wii gained popularity. The company is facing a ban on the Wii Classic controller, which is sold separately from the Wii system, unless it can persuade an appeals court to overturn a $21 million verdict won by Anascape Ltd. of Tyler, Texas.