U.S. Pat. No. 8,641,525

CONTROLLER FOR VIDEO GAME CONSOLE

AssigneeIronburg Inventions Ltd.

Issue DateJune 17, 2011

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Updates on Valve’s Virtual Patent Jury Trial

Updates on Valve’s Virtual Patent Jury Trial

Ironburg Inventions Ltd. v. Valve Corporation
Case No. C17-1182
United States District Court for the Western District of Washington
Decided: July 19, 2021

On January 5, 2021, the first virtual patent jury trial commenced. Ironburg Inventions Ltd. (“Ironburg”) asserted the now discontinued Steam Controller made by The Valve Corporation (“Valve”) infringed Ironburg’s patent, U.S. Patent No. 8,641,525 (the ‘525 patent). Because the trial was held virtually, each member of the jury was mailed one of the allegedly infringing Steam Controllers.

At trial, much to Valve’s dismay, the jury sided with Ironburg, finding that Valve had willfully infringed on numerous claims in the ‘525 patent. Valve’s counsel argued that the decision would be simple and that merely the patent and the controller were enough evidence for the jury to make the right decision. After the jury found for Ironburg, this argument ultimately hurt Valve when it tried to get the verdict thrown out.

After the trial both parties made post-trial motions. Valve asked for a judgement as a matter of law (JMOL), or alternatively a new trial, which is only granted if the evidence outright does not support the verdict. Unfortunately for Valve, the judge rejected this motion because he agreed with Valve’s argument that the two pieces of evidence were plenty to support a finding, justifying the finding that Valve infringed on Ironburg’s patent and had to pay over $4 million.

Ironburg made a post-trial motion asking for enhanced damages under The Patent Act, which allows the court to multiply damages up to three times to punish willful patent infringement. 35 U.S.C. § 284. Enhancement of damages is discretionary so a court can chose to enhance or not based on all of the circumstances. Here, under all of the circumstances, including that claim 1 of Ironburg’s patent had been declared invalid after Valve requested inter partes review (IPR), the court declined to enhance the damages.

IPR is conducted by the United States Patent and Trademark Office (“USPTO”) to review the patentability of claims in a patent, only on 35 U.S.C. § 102 and 35 U.S.C. § 103 grounds. These sections relate to availability and obviousness of inventions in art prior to a patent, and make already available and obvious inventions patent-ineligible.

Valve filed a patent application for a new controller in 2018, which was granted in 2020. It is unclear if it will see production considering that the first controller was not a hit with consumers and has now cost Valve over $4 million in court. Also, with the Steam Deck releasing in December 2021, it is possible Valve has moved on to new hardware projects.

We will post updates on any future lawsuits between Valve and Ironburg, as well as any relevant news on Valve’s new controller or the Steam Deck.

Illustrative Figure

Abstract

An improved controller (10) for a game console that is intended to be held by a user in both hands in the same manner as a conventional controller (1), which has controls on the front operable by the thumbs (2), (3), (4), (5), and has two additional controls (11) located on the back in positions to be operated by the middle fingers of a user.

Description

DETAILED DESCRIPTION OF THE INVENTION The particular embodiment described below and illustrated byFIGS. 2 and 3serves to further illustrate the invention, to provide those of ordinary skill in the art with a complete disclosure and description of the devices claimed herein, and is not intended to limit the scope of the invention. For example, the additional controls are described below as two paddle levers but the term “control” as used in the claims, unless otherwise made clear in the claim, refers to paddle levers as well as other controls such as buttons, analogue control sticks, bumpers, and triggers. The game controller10according to the present invention is illustrated inFIGS. 2 and 3. The front of the game controller10ofFIGS. 2 and 3is the same as a conventional controller1, as illustrated inFIG. 1and as discussed above. Therefore, where appropriate the same reference numerals have been used to indicate the features of the controller according to the present invention10that are identical to the features of a conventional controller1. Game controller10differs from the conventional controller1in that it additionally comprises two paddle levers11located on the back of the controller. The paddle levers11are vertically orientated with respect to the controller10and are positioned to be operated by the middle fingers of a user12, as shown inFIG. 3. In one embodiment the paddles11are formed from a thin flexible material such as a plastics material for example polyethylene. Preferably, the paddles11are less than 10 mm thick, but may be less than 5 mm thick, and more preferably are 3 mm thick or less. The paddles11are inherently resilient, which means that they return to an unbiased position when not under load. A user may displace or depress either of the paddles11by engaging an outer surface thereof; such displacement causes the paddle11to activate a switch mechanism mounted within the body of the ...

DETAILED DESCRIPTION OF THE INVENTION

The particular embodiment described below and illustrated byFIGS. 2 and 3serves to further illustrate the invention, to provide those of ordinary skill in the art with a complete disclosure and description of the devices claimed herein, and is not intended to limit the scope of the invention. For example, the additional controls are described below as two paddle levers but the term “control” as used in the claims, unless otherwise made clear in the claim, refers to paddle levers as well as other controls such as buttons, analogue control sticks, bumpers, and triggers.

The game controller10according to the present invention is illustrated inFIGS. 2 and 3. The front of the game controller10ofFIGS. 2 and 3is the same as a conventional controller1, as illustrated inFIG. 1and as discussed above. Therefore, where appropriate the same reference numerals have been used to indicate the features of the controller according to the present invention10that are identical to the features of a conventional controller1.

Game controller10differs from the conventional controller1in that it additionally comprises two paddle levers11located on the back of the controller. The paddle levers11are vertically orientated with respect to the controller10and are positioned to be operated by the middle fingers of a user12, as shown inFIG. 3.

In one embodiment the paddles11are formed from a thin flexible material such as a plastics material for example polyethylene. Preferably, the paddles11are less than 10 mm thick, but may be less than 5 mm thick, and more preferably are 3 mm thick or less.

The paddles11are inherently resilient, which means that they return to an unbiased position when not under load. A user may displace or depress either of the paddles11by engaging an outer surface thereof; such displacement causes the paddle11to activate a switch mechanism mounted within the body of the controller10. The paddles11are mounted within recesses located on the case of the controller10; and are disposed in close proximity to the outer surface of the controller body. In this way a user may engage the paddles11with the tips of the fingers, preferably the middle fingers, without compromising the user's grip on the controller10. While the example shows the paddles11engaged by the middle fingers, they could also be engaged by the index, ring, or little fingers. The index fingers may also engage trigger style controls mounted on the top edge of the controller10while the thumbs may be used to activate controls on the front of the controller10.

The paddles11are elongate in shape and substantially extend in a direction from the top edge to bottom edge of the controller10. In one embodiment the paddles are orientated parallel with each other. In an alternative embodiment the paddles are orientated such that they converge towards the top edge with respect to each other. This elongate shape allows a user to engage the paddles with any of the middle, ring, or little finger; it also provides that different users having different size hands can engage with the paddles in a comfortable position thereby reducing the effects of prolonged or repeated use such as repetitive strain injury.

In one embodiment, the paddle levers11replicate the functions of two of the four buttons4located on the front of the controller10and thereby allow a user to operate the functions of the relevant buttons using his or her middle fingers12, without the need to remove either of his or her thumbs from the left or right thumb stick2,3. In alternative embodiments a paddle lever11may activate a new function not activated by a control on the front or top edge of the controller10.

It is envisaged that the paddles11could be fitted to an existing controller10. In such embodiments the paddles would be mounted on the outer surface of the controller body by means of a mechanical fixing such as a screw or bolt or alternatively bonded or welded to the controller body by adhesive or other suitable means. A switch mechanism would be mounted within the controller in vertical registry with a portion of each paddle. A portion of the switch mechanism may extend through the controller body and be disposed in close proximity or in contact with an innermost surface of the paddle11.

In alternative embodiments it is envisaged that the paddles11would be integrally formed with the controller body, the paddles11being configured to be resilient and flexible such that they can be depressed by a user to activate a switch mechanism. This could be achieved by moulding the controller body to have a U-shaped slot extending through the controller body; alternatively a U-shaped slot could be cut into the controller body after the moulding process.

Preferably, the paddles11would comprise a raised outermost surface with respect to the surrounding area such that a user may locate the paddles11. This may be achieved by moulding the paddle such that is thicker than the surrounding area. It will be recognised that as used herein, directional references such as “top”, “bottom”, “front”, “back”, “end”, “side”, “inner”, “outer”, “upper”, and “lower” do not limit the respective features to such orientation, but merely serve to distinguish these features from one another.

Modifications and variations of the present invention will be apparent to those skilled in the art from the forgoing detailed description. All modifications and variations are intended to be encompassed by the following claims. All publications, patents, and patent applications cited herein are hereby incorporated by reference in their entirety.

Claims

  1. A hand held controller for a game console comprising: an outer case comprising a front, a back, a top edge, and a bottom edge, wherein the back of the controller is opposite the front of the controller and the top edge is opposite the bottom edge;and a front control located on the front of the controller;wherein the controller is shaped to be held in the hand of a user such that the user's thumb is positioned to operate the front control;and a first back control and a second back control, each back control being located on the back of the controller and each back control including an elongate member that extends substantially the full distance between the top edge and the bottom edge and is inherently resilient and flexible.
  1. The controller of claim 1 , further having a top edge control located on the top edge of the controller and wherein the controller is shaped such that the user's index finger is positioned to operate the top edge control.
  2. The controller of claim 2 , wherein at least one of the back controls replicates the function of one or more of the top edge control and the front control.
  3. The controller of claim 2 , wherein at least one of the back controls has functions in addition to the top edge control and the front control.
  4. The controller of claim 2 , wherein the top edge is substantially perpendicular to the front.
  5. The controller of claim 1 , wherein each of the back controls is positioned to be operated by a middle finger of a user.
  6. The controller of claim 1 , wherein each elongate member is mounted within a recess located in the case of the controller.
  7. The controller of claim 7 , wherein each elongate member comprises an outermost surface which is disposed in close proximity to the outermost surface of the controller such that a user's finger may be received in said respective recess.
  8. The controller of claim 1 , wherein each elongate member has a thickness between about 1 mm and 10 mm.
  9. The controller of claim 1 , wherein each elongate member has a thickness between about 1 mm and 5 mm.
  10. The controller of claim 1 , wherein each elongate member has a thickness between about 1 mm and 3 mm.
  11. The controller of claim 1 , wherein the elongate members are parallel to one another.
  12. The controller of claim 1 , wherein the elongate members converge towards the front end of the controller with respect to one another.
  13. The controller of claim 1 , wherein a portion of at least one of the first back control and the second back control is in registry with a switch mechanism disposed within the controller, such that displacement of the at least one back control activates the switch mechanism.
  14. The controller of claim 1 , wherein a switch mechanism is disposed between each of the elongate members and an outer surface of the back of the controller.
  15. The controller of claim 1 , wherein at least one of the back controls is a paddle lever.
  16. The controller of claim 1 , wherein at least one of the back controls is substantially parallel to the front of the controller.
  17. The controller of claim 1 , wherein at least one of the back controls is formed as an integral part of the outer case.
  18. The controller of claim 1 , wherein at least one of the back controls is formed separate from the outer case of the controller.
  19. A hand held controller for a game console comprising: an outer case comprising a front, a back, a top edge, and a bottom edge, wherein the back of the controller is opposite the front of the controller and the top edge is opposite the bottom edge;a front control located on the front of the controller, wherein the controller is shaped to be held in the hand of a user such that the user's thumb is positioned to operate the front control;and a first back control and a second back control, each back control being located on the back of the controller and each back control including an elongate member that extends substantially the full distance between the top edge and the bottom edge.

Disclaimer: Data collected from the USPTO and may be malformed, incomplete, and/or otherwise inaccurate.