How to get your patent, but not a patent of nobility
- by admin
ivanka China is suing Jackbox, the home entertainment and gaming device maker, claiming that the patenting of its patent on its own intellectual property, the title “Jackbox”, is a patent infringement of her intellectual property.
The case, first reported by TechCrunch, centres around a patent for a controller for an Xbox console, the Xbox One Controller, that is being sought by Mr China and his business partner, Mr Zhan Li, for the Xbox 360 controller.
It is said to cover the “physical space around the controller, such as the back of the controller and the back edge of the console itself”, but the details of the patent have not been made public, and the company has denied any wrongdoing.
Jackbox founder Jack Tretton has defended the patent, saying: “We have no patents on any of our patents.”
However, the case is now in the hands of lawyers representing Mr China, who are attempting to find a settlement.
JackBox has previously had to fight to get its Xbox 360 controllers into the hands on sale in Australia, which included an Australian federal court case in April which resulted in the company losing its bid for a license from the Australian Competition and Consumer Commission.
Jack Box’s Xbox 360 Controller.
(Supplied: Jackbox)”Jackbox’s patent is actually a simple but elegant solution to a very complex problem,” Mr Trettons lawyer, Ian Latham, told the ABC.
“It is an elegant solution that can solve the problem of patent protection for anyone with an idea.”
Mr Latham said he had not seen any other similar patent that was being sought, adding: “Jackboxes controller patent is unique and so is the Xbox Controller patent, which is unique in the world.”
Jackbox said it was “deeply disappointed” by the lawsuit and would contest the decision in court.
The patent covers the “backside of the game controller and controller frame, such that the controller frame is on the backside of an object”, the company said in a statement.
“We expect this issue will be resolved through legal and other means in the appropriate court proceedings.”
Mr Trettonson has previously said that he would not be seeking a license for the patent.
He has previously expressed concerns that he was being targeted by patent trolls, claiming to have lost $1.2 million in the process.
Mr Lathan said the lawsuit was a “misleading attempt” to discredit the company.
“This case is just another example of how a company like Jackbox who was already struggling with patent infringement can now be forced to pay a price for their patent,” he said.
“They are now paying a price in lost revenue and lost sales.”
The courts are not going to be fair and the courts are going to make it up as they go along.
ivanka China is suing Jackbox, the home entertainment and gaming device maker, claiming that the patenting of its patent on…