 Well, well, well, this is some interesting news that could make people a little worried about the Nintendo Switch, because there is a current lawsuit that has been filed against Nintendo that has the potential to shut down the Nintendo Switch, i.e. Nintendo would no longer be allowed to sell the Nintendo Switch. This is big. Really big. Now, let's just, let's just hop into what's happening, okay? So accessory maker GameBice believes that Nintendo has violated a patent for concepts used in the wiki pad, and I'll throw up some images of the wiki pad and some stuff here so you have an idea of what the device was that came to market in the first place, although this lawsuit isn't specifically over what came to market, but over concepts that are in the patent that they never actually released themselves, but it is patented, and with it being patented, that means that nobody else can do anything like that, anything close to the patent, without obviously contacting the patent holder and getting permission, which usually includes a royalty fee. So here is what this was reported by Engadget, by the way. So it says the Nintendo Switch certainly isn't the first gaming tablet, but it's directly riffing on other ideas? Game device thinks so. The accessory maker suing Nintendo for allegedly violating a patent for concepts used in the wiki pad. It's gaming oriented Android slate, as well as its namesake add-on controllers for phones and tablets. According to the suit, the Switch and its removable Joy-Con controllers are too close to GameBice's vision of a combination of detachable game controller and a device with a flexible bridge section. Not surprisingly, the lawsuit calls for both damages and a ban on Switch sales. Obviously, the wiki pad itself never really did great in sales and was later dropped for other add-ons for phones and tablets, and then it goes on to say in some ways the lawsuit is an epilogue to a long running story. The wiki pad team started out with grand plans for tablet gaming in 2012, when it promised elaborate features such as Glasses Free 3D and game streaming, however it didn't work out that way. The lays and a rethink prompted a change in design and while the wiki pad did receive some acclaim, GameBice eventually dropped it in favor of its add-ons for phones and tablets. Although Nintendo Switch clearly has some differences, it's intended more as a hybrid TV and portable console, for one thing, it's effectively showing what could have been if the wiki pad itself had taken off. So, and we have the exact complaint, so the literal lawsuit papers, I'll link that down in the description below, and the patent that they claim it violates. And there's some interesting things in this patent itself. So here's the summary of the patent. Nintendo has infringed on the claims of 119 patent, specifically Claim 1 and its pertinent subclaims. Here are the claims listed below. They violated a combination comprising a computing device, the computing device providing a plurality of sides. Each of the plurality of sides are disposed between an electronic display screen of the computing device and the back of a computing device, indicating port interacting with the computing device, the communication port providing a communication link and a pair of confinement structures, the pair of confinement structures adjacent to and confining the computing device on at least two opposing sides of plurality of sides of the computing device. I really don't like that word. An input device attached to an electronic communication with the communication port, the input device providing a pair of controller modules. The pair of controller modules providing input module apertures. Each input module aperture secures an instructional input device, wherein set input module apertures are adjacent, each of at least two opposing sides of plurality of sides of the computing device, and wherein the input is a separate and distinct structure from the communication port, forming no structural portion on the communication port and a structural bridge securing the pair of confinement structures to one another, in which each of the pair control modules provide an attachment structure cooperating with the communication port. Each attachment structure secures the input device to the communication port and in which the structural bridge comprising a conduit between the pair of controller modules and a fastening mechanism cooperating with the pair of confinement structures. The fastening mechanism secures the pair of confinement structures one to the other. This is really interesting in that game vice, their pattern is very, very specific and it's so specific that how the Joy-Con attached to the Nintendo Switch could potentially be deemed in violation of this pattern. Now, because this pattern never became an actual product, it's highly unlikely that Nintendo even knew this pattern existed. So there's some benefit to the doubt to what Nintendo is making in that they could have knowingly been in violation of this pattern because they probably didn't even know it existed, even if Nintendo might have took inspiration from game vices original products, which is possible because game vice created this slate thing that you slid your tablets into that had controllers and they eventually released controllers that did attach directly to the side of phones and tablets. But obviously how it attached and the type of controllers it was is completely different to how this one, you know, how the Joy-Cons themselves attach but again this broadening pattern here does kind of describe a little bit how the Joy-Cons themselves work at least to the point where it's generalized enough where you could see how the Joy-Cons could fit into this pattern and that's obviously worrisome because it's one thing when Joe Schmo who claims they had the idea for motion controls goes after Nintendo for the Wii mode. This is an accessory maker that has some money in the bank and has some clout legally at least attempting an idea somewhat similar at least in concept to what the Joy-Cons do and it could be argued they have a legit case here. They potentially could win a lawsuit against Nintendo. Now the problem obviously and the worry for us is that it could lead to the Joy-Cons no longer existing and it could lead to the switch itself getting shut down. Now I don't know if a judge would say that the switch itself would have to see sales. A judge could require a rapid redesign which could include not having detachable Joy-Cons. If Nintendo would just release the system without detachable Joy-Cons then that could be something that is allowed and Joy-Cons could continue to be sold and allowed to exist as say individual Wii mode kind of things that can attach to a piece of plastic and let you still use it as a controller which would obviously still support switches already sold. That's one solution. The likely solution and this is what usually happens in cases like this when a company is trying to get a product completely shut down that it's highly successful there's just a payout and Nintendo tries to settle it outside the court because the risk of going to court and the risk of letting a judge decide is the judge could literally rule that yeah Nintendo completely violated the patent and they owe royalties on every system sold to that company and they can no longer sell that product which would be devastating for Nintendo considering how popular the product is and how a lot there are some people out there that actually think the switch is the future of gaming. Now Nintendo does have going for the fact that the switch is a device that itself its selling point is being able to be portable and use on a home console whereas you know they're talking strictly about a tablet and tablets can do that but obviously if you're using the port on the tablet for these controllers you're not again attaching it to a TV so Nintendo has some some benefits here benefit of the doubt. Nintendo's best course of action though is to approach Gamevice and be like look we'll give you a settlement payment outside of court to drop the lawsuit and I think that's the ultimate conclusion of this but again it is scary thinking that a company like Gamevice could potentially get the switch shut down considering how much they kind of failed with their own concept of what the switch ultimately became and you could see how they might have an issue with this because they they had this idea first it looks like and they blew it and the switch is essentially what their idea could have been if it was successful so there could be some jealousy here but again it does look like they do have a little bit of a legal leg to stand on and my concern level you know if I had a rated out of 10 I'm saying I'm probably about a five or a six just because having read the actual complaint and thinking about how the switch itself works and how the control modules work and how it connects and the rails and everything and how this patent is described I can see where there there could be some infringement here probably unknowingly but yeah it's it is of concern now Nintendo gets lawsuits against them all the time but as I said just like when the Wiimote was sued generally it's not a concern Nintendo will settle or there there's outright gonna win the case because they know their technology is not the same as the one being sued about but this isn't even being sued about a technology this is a lawsuit about an idea right it's not about you over the joy comes up IR sensors and all the stuff that wasn't in the original game by stuff that's irrelevant because Nintendo is just just dealing with the concept of the joy comes themselves and that being patented by game by so it'll be interesting to see what happens here again I think the most likely conclusion is that Nintendo settles out a court and just pays a fee you know it'll probably be a significant fee it could even be several million dollars for all we know or but again you know it also depends how badly is game by pursuing this you know is this something where they're hoping for a settlement maybe they just want a payment or are they legit trying to get the switch set down pissed that Nintendo did their concept better and just wanting oodles and oodles of money maybe they value the the 4.7 million or so switches that have sold maybe there's an evaluation on the profits from that where they could be saying look no amount of settlement you pay us outside a court can make up the damages that you're doing to us as a patent holder I don't know I don't know how aggressively it's being pursued here but we do know that they're obviously not happy that Nintendo has taken a concept that they seem to have originated and done it ten times better but and with a lot more success which should be a surprise a Nintendo's a pretty big brand game by itself is selling an accessory but it's very interesting I'm hoping that either the courts decide that there's enough differences since the switches main selling point is not the detachable controllers but this could present a problem for Nintendo I ultimately think they're gonna try to settle it outside a court and I guess we'll see if game bice is just looking for that payout or if they legit are trying to be revengeful here where they're pissed and they don't care about the money they care about getting the product shut down because you know now they see it success they think they could bring the product back in their own version maybe even with a tech or X1 in a tablet or something I have no idea I don't know what the company seeking you don't know what the company seeking but this is a worrisome thing and yeah as I said I'm about a 6 out of 10 unless we hear that this is going to full trial then my worry goes up even more because at that point we don't know what a jury or a judge is going to think in that case and how they're gonna rule the Nintendo loses all control of the outcome if this goes to trial so yeah and I'm sure gamebice will have a pretty decent lawyer I mean they are an active company that does make money selling accessories for phones that they probably have enough money to put a decent lawyer out there and argue pretty well anyways I'm Nathaniel of a chance from Nintendo Prime if you like this video you know what to do if you dislike the video hit that dislike button subscribe for more and as always folks I will catch you in the next one