The Patent at the Heart of this Case

The heart of this case is based on the November 21, 2000 granted patent 6,150,947 (referred to as "the '947 Patent") entitled "Programmable Motion-Sensitive Sound Effects Device," by inventor James Michael Shima. By reason of an assignment dated January 25, 2011, Plaintiff Ogma now owns all rights, title and interest in the '947 Patent.

The patent in question relates to sound effects devices, and more particularly to a programmable sound effects device that is capable of producing interactive sound effects based on motion.

Moreover, the patent states that the sound effects device would have "the flexibility of activating sound effects for different types of motion which include, but not limited to, waving, striking, jabbing, and the like. Another desirable property of such a sound effects device would be the capability of being programmable and thereby able to recognize different types of motion which initiate each sound effect. Thus, the toy would play preprogrammed, individual, and unique sound effects that correspond to the toy being waved up or down, striking another object, swung over the head, shaken vigorously, and the like."

In Ogma's patent FIG. 6, we see an embodiment that is comprised of "a body-worn sound effects unit which is attached to the user's body and can be used with existing toys or props."

It would appear on the surface that this kind of gaming-like device infringement lawsuit would be better aimed at devices such as the Nintendo Wii or Microsoft's Kinect that relate to gaming in a more interactive way than an iPhone or iPod touch. But that's one man's opinion and you could judge this for yourself.

The Alleged Patent Infringement In-Part

According to Ogma's legal complaint, "Apple has infringed, induced others to infringe, and/or contributorily infringed, literally or under the doctrine of equivalents, one or more claims of the '947 Patent. Without limitation, several examples of Apple's infringing products are the iPhone (original), iPhone 3G, iPhone 3GS, iPhone 4, iPad, iPod Touch (1st, 2nd, 3rd, 4th generations), iPod Nano (6th generation), and related families of products. Defendant Apple's infringement of the '947 Patent has caused substantial damage to Plaintiff.

The complaint was filed in the Texas Eastern District Court in Harrison County late on Friday. By definition, some would consider Ogma to be that of a patent troll.

Important Update

Patently Apple has just learned that there's been a new development in the Nokia vs. Apple case this week. We note the development in our updated February report titled "Nokia vs Apple: Hunt Down Infineon's Documents."

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