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Sony, Nintendo, Nokia Sued Over Wireless

Suit claims PSP, DS and mobiles are infringing on patent.

Sony, Nintendo and Nokia are currently infringing on patents related to the connectivity of handheld gaming devices, a new complaint says.

A court filing obtained by Edge from February 13 shows that Plano, Tex.-based Wall Wireless LLC is suing Sony, Nintendo, Nokia and related companies including Sony Computer Entertainment America and Nintendo of America for allegedly infringing upon U.S. patent 6,640,086, named "Method and Apparatus for Creating and Distributing Real-Time Interactive Media Content Through Wireless Communication Networks and the Internet."

The patent explains that the invention "pertains ... to methods and systems that allow an operator to distribute messages having aural or visual content that is generated by the operator using handheld apparatuses such as mobile telephones."

Wall Wireless alleges that Sony's PSP, Nintendo's DS, as well as certain real-time online multiplayer games such as Mario Kart and WipeOut Pulse infringe on the patent. The plaintiff also says that Nokia's mobile devices N81, N82, N93 and N95 infringe on the patent, along with the mobile game Reset Generation.

Wall Wireless' namesake, Corbet Wall, filed for the patent in 2001 in Taiwan and the U.S. The U.S. Patent Office issued the patent in 2003.

The complaint said that each defendant received a notice of the patent in question "at least as early as October 2008." Defendants have yet to take a license under the patent, the filing stated.

"Unless a permanent injunction is issued enjoining Defendants from infringing the ‘086 patent, Wall Wireless will be irreparably harmed," the complaint added.

Aside from a permanent injunction, Wall Wireless is seeking damages, costs, expenses, attorney's fees and pre-judgment and post-judgment interest.

"As a result of Defendants’ infringement of the ‘086 patent, Wall Wireless has suffered monetary damages that are compensable ... by no less than a reasonable royalty," the filing stated.

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