CASE STUDY: RISK OF PATENT INFRINGEMENT IN U'S

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CASE STUDYRISK OF PATENT INFRINGEMENT IN U.S
THE FUTURE OF INTELLECTUAL PROPERTY IN ASEAN
BALANCING RIGHTS BETWEEN USERS AND OWNERS 13 -14
January 2009, Hilton Petaling Jaya, PETALING
JAYA, MALAYSIA

• KOHEI ARAKAWA
• Graduate School of Intellectual Property,
• Osaka Institute of Technology

• 1. BUSINESS RISK FROM U.S PATENT
• 2. CASE OF SONYS VIBRATION GAME CONTROLLER
• 2.1 SUMMURY
• 2.2 INVENTION
• 2.3 ENLARGED TECHNICAL SCOPE
• 2.4 UTILIZATION OF CONTINUATION PATENT
  APPLICATION
• 2.5 IMMERSION PATENT STRATEGY
• 3. RISK MINIMIZATION

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1.BUSINESS RISK FROM U.S PATENT
Manufacturing product
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2. CASE OF SONYS VIBRATION GAME CONTROLLER
2.1 SUMMURY

• Immersion filed lawsuit against SONY on February
  11, 2002 for patent infringement
• SONY settlement90.7million

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2. CASE OF SONYS VIBRATION GAME CONTROLL 2.2
INVENTION
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2. CASE OF SONYS VIBRATION GAME CONTROLLER
2.3 ENLARGED TECHNICAL SCOPE

• The red area area of Immersion patent right
• PS controller
• Immersion patent right

213 patent (File date 2000/05/01)
017 patent (File date 1998/04/26)
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2. CASE OF SONYS VIBRATION GAME CONTROLLER 2.3
UTILIZATION OF CONTINUATION APPLICATION
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2. CASE OF SONYS VIBRATION GAME CONTROLLER 2.4
IMMERSION PATENT STRATEGY

• Development and licensing of haptic technology
• Need for patent covering products in market
• Enlarged Technical Scope to cover PS controller

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3. RISK MINIMIZATION

• High Possibility of involving in U.S Patent
  infringement
• Need for attention to business risk from U.S
  patent

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3. RISK MINIMIZATION

• search a third party's patent which may relate to
  your product before starting business in America,
  
• having your patents to cover your product to
  counter such third party's patent,
• try to get a license, or
• redesign your product so as to avoid the
  infringement.

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Thank you very much

• KOHEI ARAKWA
• Mailm1107p02_at_yahoo.co.jp