Re: [NTLK] Nintendo Patent and Newtendo?

From: Mark Ross (markr13_at_comcast.net)
Date: Sat Mar 13 2004 - 14:36:02 PST


As someone who deals with patents on an almost daily basis, I can
provide some insight. Please note that I'm not a patent attorney, but I
play one on mailing lists ;-)
The exemplary claim (claim 1) seems to be very specific to certain
technologies that must be present. I'm not enough of a programmer to
know all the ins and outs of this, but they mention quite a number of
specific items that must be in the emulation program to be covered by
the claim (see the link below). In addition, the priority date of
filing is in 2000 and related filings refer to July of that year. There
were many emulators that date before this that must be "gotten around".
That is, the patent cannot cover any technology that was publicly
disclosed before it was filed, or in the US, invented. The patent also
lists no other priority filings in other countries, so any subsequent
filings in other countries will rely on this date as well. US patents
have no validity outside the US, but you can bet that Nintendo has
filed world wide.

In summary, if the emulator existed before 2000, it is not covered by
this patent. Which brings us to the question of when Newtendo was
written published?

On Mar 12, 2004, at 10:02 AM, Eagan Rackley wrote:

> Can I ge the list opinion on this issue? Eckhart brought this to my
> attention, and now I'm begining to give it a second thought :).
>
> Nintendo has just received a patent on Emulation:
> http://patft.uspto.gov/netacgi/nph-Parser?
> Sect1=PTO1&Sect2=HITOFF&d=PALL&p=1&u=/netahtml/
> srchnum.htm&r=1&f=G&l=50&s1=6,672,963.WKU.&OS=PN/6,672,963&RS=PN/
> 6,672,963
>
> -Eagan
>

-- 
Mark Ross
markr13_at_comcast.net
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