According to reports, Judge Claudia Wilken of the US
Court for the Northern District of California did not find Sony’s
witness, Craig Thorner, to be credible.
The case dates back to 2002 when Immersion, 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, 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 2004 a jury found in favour of the developer and
awarded Immersion $82 million in damages. In March 2005 the Court
increased the award to $90.7 million, to take account of interest
due, and issued a permanent injunction against the manufacture,
use, sale, or import into the US of the infringing systems. The ban
was then stayed pending an appeal.
Sony not only appealed that ruling to a Federal Circuit Court of
Appeal, but also filed an appeal with the District Court, arguing
that Immersion had tried to hide discussions the company had held
with inventor Craig Thorner. Thorner had previously developed
technology similar to that covered by Immersion’s patents, throwing
doubt on the validity of those patents.
But, according to reports, Judge Wilken was not happy with
Thorner’s performance as a witness, finding that a payment of
$150,000 made by Sony to Thorner was suspect, despite Sony’s
explanation that it was an advance royalty payment.
She dismissed the appeal.
The appeal to the Federal Circuit is still ongoing.
