quote:

July 10 (Bloomberg) -- Konami Corp., the Japanese creator of the ``Dance Dance Revolution'' music video game, sued Viacom Inc.'s Harmonix studio, claiming its ``Rock Band'' game violates patents.

The Konami patents, issued in 2002 and 2003, relate to simulated musical instruments, a music-game system and a ``musical-rhythm matching game.'' Konami also makes the ``Karaoke Revolution'' music game with microphones, as well as the ``Metal Gear Solid'' espionage game.

``Rock Band,'' the game in which players emulate rock and rollers with toy instruments, drove a 16 percent increase in first-quarter revenue at New York-based Viacom's media networks business. Konami's Digital Entertainment unit said in May it plans to begin selling its own rock band game, called ``Rock Revolution,'' later this year.

Konami is demanding cash compensation, plus an order that would block Viacom and Harmonix from using the inventions, according to the complaint, filed yesterday in federal court in Marshall, Texas. The suit names Harmonix Music Systems, Viacom, and Viacom's MTV Networks Co., which owns Harmonix.

Viacom spokeswoman Kelly McAndrew said the company hasn't received the complaint, so had no immediate comment.

Konami American depositary receipts, each representing one ordinary share, fell $1.67, or 5.2 percent, to $30.15 at 4:02 p.m. in New York Stock Exchange composite trading. They have risen 26 percent in the past year. Viacom's Class B shares rose 22 cents to $28.12 and have dropped 32 percent in the past year.

The case is Konami Digital Entertainment Co. v. Harmonix Music Systems Inc., 08cv286, U.S. District Court for the Eastern District of Texas (Marshall).

quote:

“In the last several years, patent lawyers have flocked to Marshall, a small northeastern Texas town of 25,000, because of its speedy court process, patent-enthusiastic judges and juries considered ideal for hearing intellectual property cases. This year alone, the court has seen 59 patent cases, more than triple the total in 2003, which saw just 14 patent suits.” Intel made a $150 million payout after adverse rulings by a Marshall judge, and Cisco is currently being sued in what plaintiff’s lawyers hope will be a big-payout case.

Among those who defend the venue against critics is Charles Baker of Houston’s Porter & Hedges, who concedes “that some defense attorneys are afraid to try cases there because of its pro-plaintiff reputation, which he disagrees with. He said that the [court's] rocket docket also turns off some defense lawyers who feel pressured to produce evidence quickly, leaving little time for preparation.” Curiouser and curiouser: “Baker said that Marshall’s large elderly population also provides a good jury pool for intellectual property cases. ‘There are a lot of old people who don’t have a problem with sitting weeks at a time and listening to complicated issues,’ Baker said.” (Tresa Baldas, “Texas IP Rocket Docket Headed for Burnout?”, National Law Journal, Dec. 28)

For a very different view of the reasons for Marshall’s popularity, check out M. Craig Tyler (Wilson Sonsini), “Patent Pirates Search for Texas Treasure”, Texas Lawyer, Sept. 20 (PDF): “Juries in East Texas, unlike those in Houston, Dallas or Austin, are much less likely to have a member with any technical training or education, which exacerbates the problem from the defense perspective, but makes East Texas federal courts an attractive venue for would-be plaintiffs, who know that the jury will, instead, gravitate toward softer or superficial issues that are difficult to predict.” The result is to facilitate the activities of what Tyler calls “patent pirates”: enterprises that exist to file patent suits rather than to manufacture products, and which benefit from asymmetrical costs of litigation (discovery in a patent case can cost the manufacturer-defendant a million dollars or more, while the plaintiff license-holder may have few or no documents worth discovering).

According to Tyler, a “simple, nonspecific complaint”, which need not identify any infringing products sold by the defendant, “has a nuisance value of a few hundred thousand dollars the minute it is filed and served.” Tyler’s outspoken article in turn drew a response: Michael C. Smith, “”Patent Pirates” Only Exist in Neverland”, Texas Lawyer, Oct. 10 (PDF).

quote:

ORIGINAL: smokeymicpot

If this somehow stops making these yearly music games that would be funny

quote:

ORIGINAL: bama

quote:

ORIGINAL: smokeymicpot

If this somehow stops making these yearly music games that would be funny

It'd be funnier if it messed up Wii Music.

quote:

Wii Music

quote:

ORIGINAL: Tempist

Maybe Konami should stick to marketing music games in Japan where EA and Activision can't get a foothold. The market is saturated in North America as is this year. I don't think the king of them should suffer (Harmonix, not EA). Really, why aren't they filing against Guitar Hero: On tour?

quote:

ORIGINAL: Solid_Snake

I was wondering why the chose Marshall, TX as a venue; and you answered my question Sonarus lol. 

on a side note, those are the crappiest patents I think i've ever seen in my life.  Did one of Konami's exec's children draw that patent????  They should've just drawn in some stick figures; at least it would've been funny

quote:

ORIGINAL: bama

quote:

ORIGINAL: Solid_Snake

I was wondering why the chose Marshall, TX as a venue; and you answered my question Sonarus lol. 

on a side note, those are the crappiest patents I think i've ever seen in my life.  Did one of Konami's exec's children draw that patent????  They should've just drawn in some stick figures; at least it would've been funny

I should change my Avatar, I'm not Sonarus just a big Boondocks fan. And yes they are very mediocre.