Immersion Corporation, a developer and licensor of what is known
as haptic feedback technology, which can be used to make joysticks
vibrate in synch with on-screen events, sued Sony in 2002, alleging
that the PlayStation, PlayStation 2, and associated controllers,
accessories and software games that include touch feedback,
infringed on two of Immersion’s patents.
In September last year a jury found in favour of the developer
and awarded Immersion $82 million in damages. Last week the
US
Court for the Northern District of California
increased the award to $90.7 million, to take account of interest
due. The Court also issued a permanent injunction against the
manufacture, use, sale, or import into the US of the infringing
systems, but stayed the ban pending an appeal.
The Court further ordered Sony to pay a compulsory licence fee
for the duration of the stay of the ban.
"The Court-ordered permanent injunction to stop the shipment and
sale of infringing products in the
US
is an important
indicator of the strength of our case and the potential risks
involved in this litigation,” said Immersion
CEO
Victor Viegas.
“The compulsory license during the stay of the injunction
creates a binding obligation for Sony to compensate us for the
continued use of our technology in their PlayStation products. We
have always believed, and continue to believe, in the strength of
our intellectual property. We remain confident of our position in
the appeals process,” he added.
According to reports, sources at Sony have confirmed that the
electronics firm will appeal the ruling.
Immersion has already settled a similar claim in 2002 against
Microsoft over the use of haptic technology for its Xbox console.
According to a joint statement from the companies in July 2003,
Microsoft made a payment of $26 million for licensing rights and an
equity investment, as well as a $9 million convertible debenture
from Immersion with 48 months draw down rights.
