Nintendo (NOA) VS. Patient
This is the only Law Suit That NintendoCosmos was to get their twitchy gaming fingers on!!! Enjoy! NintendoCosmos will be getting other Law Suit">Law Suit battles when we can find them.
UNITED STATES COURT OF APPEALS
Radio Death Lawsuit
Radio Contest Death Leads To Wrongful Death Lawsuit:
SACRAMENTO, Calif. -- Homicide investigators in Sacramento County, Calif., are now involved in the death of a woman who competed in a radio station contest last week.
A medical examiner said the woman died of water intoxication. The show's DJs called the contest "Hold your Wee for a Wii."
Jennifer Strange, 28, had taken part in a contest to see how much water she could drink without going to the bathroom.
Her family will file a civil lawsuit against the radio station Thursday, NBC11 reported
The family's lawyer said they want to make an example out of the station and attempt to curb the recklessness of shock jock radio.
"We believe we can get a judgment that people across the country will have to pay attention to," said Roger Dreyer, a personal injury lawyer who accused radio station
KDND-FM of knowing of the dangers of the water-drinking contest but continuing anyway.
Water intoxication is a condition that causes the organs -- especially the brain -- to swell.
Dreyer said the lawsuit would likely be filed within days, after a private memorial service for Strange this weekend, and following a determination by lawyers about which station employees -- and perhaps which companies in addition to the station -- should be named in the suit.
He would not specify how much in damages the suit would seek.
Charles Sipkins, spokesman for KDND's parent company, Entercom/Sacramento, declined to comment on Dreyer's remarks since a lawsuit has not yet been filed.
The Sacramento County Sheriff's Department decided to pursue a homicide investigation after listening to a tape of the morning radio show obtained by The Sacramento Bee, sheriff's spokesman Sgt. Tim Curran said.
Station spokesman Charles Sipkins said Wednesday that the company had not yet heard from the sheriff's department.
"We will, of course, cooperate with their investigation," he said.
Sipkins added that the station also is examining the circumstances surrounding Strange's death.
"We're trying to do everything we can to deal with it in a respectful and responsible way," he said.
Thanks to our partners at the Sacramento Bee, NBC11 obtained an audio clip of an exchange between the radio DJs and Strange. Click in the sidebar to your right to listen to the clip.
DJ: Can't you get water poisoning and like die?
DJ2: Your body is 98 percent water. Why can't you take in as much water as you want? ...I know.
DJ: That is what I was thinking, maybe we should have researched this.
DJ2: Jennifer, congratulations on making it to the final two. How are you feeling?
Jennifer: I still have to go pee, but my stomach is like really, really full. I look like I am pregnant again. It's pretty funny.
DJ2: How much longer do you think you can go Jennifer.
Jennifer: As long as my stomach will continue to let me. I don't know. Maybe a couple more.
DJ2: Jennifer, I heard that you're not doing too well.
Jennifer: My head hurts. They keep telling me that it is the water, that it will tell my head to hurt and then it will make me puke.
During the show, a listener calls in to warn the DJs that the stunt is dangerous and says someone could die.
"Yeah, we're aware of that," one of them says.
Another DJ laughs: "Yeah, they signed releases, so we're not responsible. We're OK."
"And if they get to the point where they have to throw up, then they're going to throw up, and they're out of the contest before they die, so that's good, right?" another one says.
Strange was found dead Friday in her suburban Rancho Cordova home hours after taking part in the "Hold Your Wee for a Wii" contest held by Sacramento radio station KDND FM.
Strange placed second in the contest.
"I feel horrible, you know, because you don't think water's going to kill you. You're having fun at the radio station trying to win a little contest. You don't think it's going to turn deadly," said Lucy Davidson, the contest's winner.
The station had promised a Nintendo Wii video game system for the winner.
It's not yet known how much water Strange consumed.
In a prepared statement, Strange's husband, William, described his wife's generous nature and outgoing personality.
"Friday, Jennifer was just her bright, usual self," he said. "She was trying to win something for her family that she thought we would enjoy."
In a similar tragedy, a Chico University fraternity pledge died of water poisoning in 2005. Matthew Carrington, 21, of Pleasant Hill had a heart attack and died during a fraternity hazing, authorities said.
The four men pleaded guilty to contributing to Carrington's death by forcing him to drink so much water in a fraternity basement in such a short period of time that his heart stopped.
A college student in New York died from forced consumption of water in 2003, according to records. He was forced to drink so many pitchers of water through a funnel that the sodium in his body dropped to lethal levels and his brain swelled. He died of hyponatremia, according to an autopsy.
Contestants Say They Were Not Warned About Water Risk
Two people who competed in a radio station's water drinking contest with a 28-year-old mother of three who later died said they were never warned they were putting their health at risk, a newspaper reported Monday.
Gina Sherrod said that family members listening in on KDND-FM's "Hold Your Wee for a Wii" contest told her that a nurse called into the program to warn that drinking too much water was dangerous, but that she did not worry until she learned of Strange's death.
"I was so scared," Sherrod told The Sacramento Bee on Sunday. "I had the hardest time going to sleep last night because I was afraid I wouldn't get up."
Strange was one of about 18 participants who tried to win a Nintendo Wii gaming console early Friday by seeing how much water they could drink without going to the bathroom. She was found dead several hours later, and the Sacramento County coroner said she died of water intoxication.
During the contest, participants were given two minutes to drink an 8-ounce bottle of water and then given another bottle to drink after a 10-minute break.
Fellow contestant James Ybarra said he quit drinking after imbibing eight bottles, but Strange and others kept going even after they were handed even larger containers.
Strange showed other participants photographs of her two sons and daughter, for whom she was hoping to win the Nintendo Wii, Ybarra said.
"It is sad that a mother had to lose her life to get something for her kids," he told The Bee. "None of us knew this could be a risk to our health."
Contestants qualified for the event by recounting the worst Christmas gifts they'd received. Strange said her worst gift was a set of champagne flutes wrapped like roses that shattered when she opened them, according to Sherrod.
Strange also mentioned that she and friends had sixth-row tickets to a Justin Timberlake concert that night.
Sherrod said she managed to drink half of a larger bottle before she became nauseated and had to leave.
"I felt drunk and really out of it," she said.
Strange's mother found her daughter's body at home Friday in the Sacramento suburb of Rancho Cordova after Strange called her supervisor at her job to say she was heading home in terrible pain.
Strange's husband, William Strange, 27, issued a written statement late Sunday in which he described his wife's giving nature.
"Friday, Jennifer was just her bright, usual self," he wrote. "She was trying to win something for her family that she thought we would enjoy. ... We miss her dearly. She was my girl."
John Geary, general manager of the company that owns KDND, told the newspaper in an e-mail that the station's staff was stunned by news of Strange's death.
"We are awaiting information that will help explain how this tragic event occurred. Our sympathies are with the family and friends of Jennifer Strange, as they deal with circumstances that are so difficult to comprehend."
INFRINGING COPYRIGHT WHILE ANALYZING A COMPUTER PROGRAM
(ATARI GAMES CORP. Vs. NINTENDO OF AMERICA, INC., 975 F.2d 632 (Fed. Cir. 1992)
Without the special program, the game would not work in the Nintendo console. Atari wanted to determine how this system worked and duplicate it, if possible so it could sell Nintendo-compatible games without having to get a license from Nintendo of America.
NINTENDO OF AMERICA VS. GALOOB TOYS
Lewis Galoob Toys, Inc. v. Nintendo of America Inc., 780 F.Supp. 1283, 20 U.S.P.Q.2d 1662 (N.D. Cal. 1991) (dissolving earlier preliminary injunction against Galoob's production or marketing of its "Game Genie Video Game Enhancer;" and granting Galoob declaratory judgment that (1) consumers' non-commercial use of "Game Genie" is not a copyright infringement and (2) Galoob is not a direct or contributory infringer). The reason Nintendo of America sued Lewis Galoob Toys, Inc. Was that kids could rent a game & beat it before the game has to be returned to the video rental store. And the kids wouldn't want to buy the game. from the retail stores itself. If that happen Nintendo would lose their profits.
NINTENDO OF AMERICA VS. TENGEN INC.
Nintendo of America has pressed a major law suite against Tengen, a subsidiary of Atari Games, in 1989 for creating a releasing a version of Tetris for the NES without having the license to do so, though Tengen thought they did. While Nintendo got its license from the russian creator. Tengen contacted the company, Mirrorsoft, which had the European license and got permission to release Tetris in the US. But Mirrorsoft only had a license to release Tetris in Europe, but not the US, so Tengen of course lost the case, but did not really suffer any financial losses since Mirrorsoft had to pay all the damages to Nintendos version, for lost sales. All copies of Tengen's version of Tetris were taken off the store shelves and destroyed.
NINTENDO OF AMERICA VS. COLOR DREAMS
1990, Nintendo sues Color Dreams because they were producing NES games without an official license agreement & thereby violating Nintendo's "10NES" lockout-chip patent. But Nintendo lose the law suite and Color Dreams continues produceing unlicensed NES games. Color Dreams did not copy the 10NES to get around the lockout and therefore did not violate any of Nintendo's copyrights or patents.
STATE Of NEW YORK VS. NINTENDO OF AMERICA.
In 1991 New York States Attorney General sued Nintendo of America, claiming they have an illegally monopoly on the video game market. Nintendo agrees to give each customer a $5.00 certificate good on any licensed NES game.
NINTENDO Of America HIT WITH ANTITRUST SUIT
(AMERICAN VIDEO ENTERTAINMENT. Vs. NINTENDO OF AMERICA, INC.)
Nintendo Vs. Bung Enterprises Ltd.
Nintendo sued Bung Enterprises, of Hong Kong, alledging that their backup devices for the Game Boy, SNES and N64 violated Nintendo's copyright.
Nintendo Vs. Prima Publishing
Nintendo sued Prima Publishing for allegidly copying a screenshot map of the N64 game "Goldeneye" from Nintendo's own official player's guide of the game and using it in Prima's own unofficial guide. According to a former employee of Prima, the map was very convincingly a copy of Nintendo's own map. There had been some level of tension between Nintendo and Prima since the beginning of the SNES era, over copyright and trademark issues, this was, reportedly, the boiling point which resulted in Nintendo taking Prima to court.
The judge dismissed the case, stating the map was "public knowledge" and Nintendo had no case against them (?). But here is the real shocker, Prima and Nintendo resolved their differences shortly after, and Prima is now authorized to make official player's guides, such as their recent Pokemon player's guide!
Nintendo Vs. Samsung Electronics
Nintendo alledgies Samsung helped spread various components containing Nintendo software to third party companies, which produced illegal counterfeit cartridges. In other words, they gave Nintendo's games to pirate outfits to produce pirated games, including one owned by the Chinese government; not a surprise, considering they are one of the world's leading pirate cart producers.
Nintendo Vs. Camerica Ltd. law suit 1
Nintendo claims Camerica, in making a wireless NES Advantage clone, violates their patents. So in 1989 Nintendo sued Camerica Ltd.
Nintendo Vs. Camerica Ltd. law suit 2
Nintendo claims Camerica violated their patents in creating the Game Genie for the NES.
Wii Avatar Copyright infringement
WeeWorld, a UK-based company that had taken Nintendo to court last November over alleged trademark infringement, now seeks to dismiss the suit. Nintendo, however, isn't quite finished with them.
By Eugene Huang
Sometime last year, a European company known as WeeWorld noticed a number of similarities between their trademarked WeeMee avatar service and the Mii avatars currently available on the Nintendo Wii. In fact, the company felt strongly enough about a possible case of infringement that they took Nintendo to court over the issue starting last November. NintendoBeyond reports that the company now wishes to drop the suit, except that Nintendo presently won't let them.
WeeMees, which WeeWorld contends have been available to the online public since 2001, are a means for users to create a two-dimensional cartoonish avatar to represent them on various internet communication programs, such as Skype, AOL Instant Messanger, and Windows Live Messenger. The similarities between WeeMees and "Wii Miis" eventually led to the aforementioned lawsuit, currently being handled by the U.S. court system.
Nintendo's original defense revolved around their assertion that the usage of common words like "me" and "we" were permissible under current trademark laws. Furthermore, they claim that WeeWorld did not actually utilize the WeeMee name until after the Wii and its Mii Channel had been formally announced by Nintendo.
According to GameSpot, the court case came to a halt last month when WeeWorld requested that the U.S. suit be dismissed so that the company could instead focus on a lawsuit based in the United Kingdom, as most of the company's business and resources are contained within the U.K.'s borders. WeeWorld specifically requested a dismissal "without prejudice", meaning that the case could be reopened in the U.S. at any future date.
In response, Nintendo filed an objection to WeeWorld's request last week, stating:
"[I]n the face of disclosure obligations and discovery demands targeted at getting to the bottom of its unsupported claims of 'confusion' and damage, WeeWorld has abruptly asked this Court to let it dismiss this case without prejudice, freeing it from having to reveal the lack of substance to its claims, while allowing it to hold over Nintendo the threat of future US litigation if it is unsuccessful pursuing those claims in European courts, as it now intends."
Additionally, it requests that WeeWorld pay the entirety of its legal fees, amounting to approximately $400,000 USD.
The court's response to this most recent objection is still pending, but we'll update you with any information as soon as it becomes available.
Nintendo facing new Wii patent suit
[UPDATE] Texas firm alleges that Nintendo's latest console infringes on its design for a space-saving semiconductor structure.
Posted Jun 13, 2007 12:57 pm PT
The new generation of high-tech consoles has been accompanied by a new generation of patent lawsuits.
Last year, Lucent Technologies took Microsoft to court over the system's out-of-the-box MPEG-2 decoding abilities. Meanwhile, Nintendo was sued over the trigger on the motion-sensing controller for the Wii. This year has already seen Sony subject to a pair of legal actions, one regarding the physical construction of its Blu-ray discs, and another surrounding its digital encryption technology.
Of those cases, the only one resolved so far is that of Nintendo, as the plaintiff voluntarily dropped the case in March. However, the console maker's legal battles aren't behind it, as last week another company stepped forward with an all-new suit over the Wii.
According to an attorney for the plaintiff, Texas-based Lonestar Inventions alleges that the Wii infringes on a patent it holds for a "high capacitance structure in a semiconductor device." The patent in question was issued in 1993, and details a space-saving method tripling the effectiveness of parallel plate capacitors by using layers of conducting strips.
This is not the first time Lonestar has gone to court over this patent. Previous disputes with Texas Instruments and Marvell Semiconductor were eventually settled, and earlier this month, Lonestar also sued the Eastman Kodak Company alleging infringement of the patent.
[UPDATE] After a several-day silences, a Nintendo representative told GameSpot that, "Nintendo of America received no prior contact from Lonestar before they filed a lawsuit. Additionally, the lawsuit itself does not identify any product or component from Nintendo, making it impossible for Nintendo to publicly comment on this matter
Even though this lawsuit news is here. it is still copyrighted by Gamespot.com
Nintendo sued over Wii technology -- again
The lawsuits for next-gen consoles just keep on rolling -- this time, a Texas company is suing the Nintendo Wii over a patent for semiconductor technology.
By Jason Coffee
Another day, another lawsuit over a next generation video game console. Lonestar Inventions, a Texas based technology company, has filed suit against Nintendo, alleging that the Wii "infringes on a patent that it holds for a high capacitance structure in a semiconductor device."
According to a report from Gamespot the patent in question was originally issued in 1993, and deals with saving space by utilizing layers of conducting strips to triple the effectiveness of parallel plate capacitors. Apperantly, the company is fairly litigious, as they have also sued Texas Instruments, Marvell Semiconductor, and the Eastman Kodak Company over the same patent. Most of those cases were eventually settled.
Nintendo Hit By New Wii Controller Lawsuit
"Defective" Wiimote wrist straps land Nintendo in new legal hot water
We know by now that rigorous play with the Nintendo Wii have caused the console's remote controllers to leave gamers' hands in wild ways, often as a result of Wiimote wrist straps breaking during gameplay. In many cases, the "flying Wiimotes" have lead to physical injury. As a result, Nintendo has become the target of a new nationwide class action lawsuit accusing the company of providing defective remote wrist straps for use with the Wii remote controller. The lawsuit, filed in the U.S. District Court of the Western District of Washington by San Francisco-based law firm Green Welling LLP on behalf of Wii purchasers, also contends that the company has breached its own product warranty and engaged in "unfair or deceptive practices" by providing wrist straps which were "ineffective" for their intended use:
"As a result of the defective nature of the wrist strap on the Wii remote, plaintiff's wrist strap broke on his remote causing damage to the Wii product plaintiff purchased... The controller is an essential component of any video game console, and so [the] plaintiff is unable to use the Nintendo Wii for its intended purposes as a result of the broken wrist band. Accordingly, it renders the Wii console, which retails in the United States for $250, useless."
An injunction sought by the class action lawsuit requires Nintendo to correct the Wiimote "defects", and provide refunds or "replace the defective Wii remote with a Wii remote that functions as it is warranted and intended". Nintendo has already announced a product replacement program for the wrist straps used with the Wii console's remote controller in response, but Green Welling has yet to drop its lawsuit. According to Green Welling, the replacement program doesn't seek accountability for the property damage and personal injury already caused, though the lawsuit does not yet cover reimbursement for these. Additionally, Green Welling explains to GameSpot that it's possible future plaintiffs could join the suit even if they have the improved wrist straps to be offered by Nintendo, depending on how well the new straps address the current "flying Wiimote" issues.
Article Link: GameSpot
Sony Pictures, owners of Columbia/Tristar pictures and the back catalog that comes with it, filed a lawsuit against Nintendo Entertainment in Tokyo for copyright infringement and trademark violations. The suit alleges that the Nintendo game Luigi’s Mansion “is clearly based in part or wholly on elements of the Ghostbusters film franchise owned by Sony Pictures, and is in violation of international copyright and trademark for using elements from same without permission from Sony or its subsidiary Columbia/Tristar.”
Interestingly, Sony isn’t seeking any financial damages for Nintendo’s alleged violations. Instead they are asking that Nintendo add a Sony Blu-ray disc player to the Nintendo Wii gaming console and package a new Blu-ray edition of Ghostbusters I and II with every new Wii that is sold around the world to recoup the loss of sales in the GB franchise that were allegedly the result of Luigi's Mansion in the last generation of consoles.
NEW YORK AND MARYLAND VS. NINTENDO OF AMERICA INC. AND NINTENDO CO., LTD
Lawsuit: STATES OF NEW YORK AND MARYLAND (Plantiff) V. NINTENDO OF AMERICA INC. AND NINTENDO CO., LTD., (Defendant) - Antitrust
ROM chip shortages in '88 caused Nintendo to notify retailers that only 25% of their orders would be available to ship. Because of the supply shortages, most if not all Nintendo products were wiped off of store shelves in a quick hurry. Stores, however, did not have the extra inventory to slide back on.
All over retailers and lawyers alike jumped on Nintendo for falsely claiming the shortages on top of pointing fingers at a slew of monopoly and unfair business practices.
"Antitrust" was the recurring word in the court case.
Nintendo was ordered by Judge Robert Sweet to advertise and send out $5 coupons valid for the purchase of new NES games. And thanks to more threats of lawsuits and further FTC investigation, Nintendo announced to its licensees in October '90 that they would be allowed to manufacture their own cartridges and make software for competitor's hardware.
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