SAN JOSE, California - A US tech company locked in a legal battle with Sony expressed delight Monday after a court ruling in its favour in a potentially far-reaching patent case over the blockbuster PlayStation console.
The US District Court in Oakland, California last Thursday said the Japanese electronics giant was guilty of violating Immersion Corp.'s patent with regard to vibrating technology used in the PlayStation's "Dual Shock" controller.
The court upheld a jury's verdict against Sony Computer Entertainment (SCE) and its US subsidiary given in September. It ordered SCE to stop selling the PlayStation in the United States and fined the company 90.7 million dollars.
Immersion chief executive Victor Viegas said he was confident of defeating an appeal filed by Sony against the judgement, which in theory could cripple the Japanese giant's US games division.
The court ordered Sony to desist "from manufacturing, using, and/or selling in, or importing into, the United States the infringing Sony PlayStation system" including the consoles, controllers and relevant games.
But it said Sony could continue to sell the PlayStation in the United States pending the appeal.
"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," Viegas said in a statement.
"We will also continue to vigorously defend our intellectual property for the benefit of our licensees and shareholders," he added.
Immersion, a San Jose-based developer of "digital touch technologies", accused Sony of infringing on its patented technology that makes the game controller vibrate in synch with the game being played.
The court named 47 PlayStation games specificially covered in its judgement, including best-sellers such as the Gran Tourismo, Final Fantasy and Metal Gear Solid series.
Immersion first brought its lawsuit in 2002 when it expanded its licensees in the gaming console market with partners such as MadCatz and Saitek.
Microsoft Corp. was named as a co-defendant but the Xbox game console maker settled out of court -- a course of action seen as highly desirable for Sony and Immersion to prevent damage to both their businesses in the United States.
"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," Viegas said.
In late New York trade Monday Immersion stocks had rocketed 11.8 percent to 6.43 dollars on the Nasdaq exchange, while American depositary receipts in Sony were unchanged at 41.16 dollars.
03/28/2005 19:57 GMT