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NEWS: Nintendo Ordered to Pay Inventor US$30 Million for Infringement


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Polycell



Joined: 16 Jan 2012
Posts: 4623
PostPosted: Sat Mar 16, 2013 10:29 am Reply with quote
enurtsol wrote:
But shouldn't Japan have jurisdiction, assuming the invention was invented there and both parties are Japan-based? (In other words, what benefit would both parties allow the case by going outside the country?)
A) It wasn't Sony suing, but a former employee of theirs and B) the only important aspect is where the patent's filed, since that's where the breach of monopoly(and thus jurisdiction) would be.
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enurtsol



Joined: 01 May 2007
Posts: 14773
PostPosted: Sat Mar 16, 2013 11:24 am Reply with quote
Polycell wrote:
enurtsol wrote:
But shouldn't Japan have jurisdiction, assuming the invention was invented there and both parties are Japan-based? (In other words, what benefit would both parties allow the case by going outside the country?)
A) It wasn't Sony suing, but a former employee of theirs and B) the only important aspect is where the patent's filed, since that's where the breach of monopoly(and thus jurisdiction) would be.


I'd expect any patent to be filed in Japan as well, especially if it was invented there.


guildmaster wrote:
enurtsol wrote:

But shouldn't Japan have jurisdiction, assuming the invention was invented there and both parties are Japan-based? (In other words, what benefit would both parties allow the case by going outside the country?)


This is not about nations, but about international corporations. If a corporation has a presence somewhere, they are liable for actions in that location. Japan is a Nation, Nintendo, is an international corporation. Japan wasn't being sued.


Nobody said that Japan is being sued. The gist of this is, why in Manhattan instead of Japan?

It's not uncommon picking certain locations have advantages. Apple sued Samsung in California obviously because Apple has the advantage there. They certainly wouldn't go all the way to Manhattan or a 2nd country.

So wondering what's the advantage in going all the way to Manhattan instead of staying in Japan? Manhattan courts better than Japanese courts in this issue? I don't perceive either Sony ex-employee or Nintendo having an advantage over the other in Manhattan.

(Assuming it's a Japanese ex-employee of Sony, it'd be expected to sue Nintendo in a Japanese court district where Sony has the advantage, i.e. more sympathetic to Sony and its people, instead of going all the way to Manhattan and all that extra hassle and expenses. However, if the inventor is based in America, then Manhattan may make sense.)
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guildmaster



Joined: 17 Dec 2012
Posts: 355
Location: Hot & Humid FL
PostPosted: Sat Mar 16, 2013 11:52 am Reply with quote
We don't know where the plaintiff lives and where he filed the patents. Those two unknowns have a large bearing on where the case was heard.
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Shiroi Hane
Encyclopedia Editor


Joined: 25 Oct 2003
Posts: 7580
Location: Wales
PostPosted: Sat Mar 16, 2013 1:43 pm Reply with quote
I don't know anything about patents, but 5 mins on google suggests it was filed on both Japan and the US

http://appft1.uspto.gov/netacgi/nph-Parser?Sect1=PTO1&Sect2=HITOFF&d=PG01&p=1&u=%2Fnetahtml%2FPTO%2Fsrchnum.html&r=1&f=G&l=50&s1=%2220060203085%22.PGNR.&OS=DN/20060203085&RS=DN/20060203085

http://patentscope.wipo.int/search/en/WO2004049734
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guildmaster



Joined: 17 Dec 2012
Posts: 355
Location: Hot & Humid FL
PostPosted: Sun Mar 17, 2013 12:45 pm Reply with quote
With the above, It was likely a decision to file initially where he thought the chances of success were greatest. Filing in Japan is still a possibility, but it depends on how prevalent the offending system was used over there, and estimated chances of success against time and cost.
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