Dbrand Starts Selling Playstation 5 Replacement Plates and Dares Sony to Sue Them

[Brooksie359]

11 hours ago, Alazam said:

Sony has no such patent, not sure where you are getting that information. A patent would never be granted for something so generic...

Yep no patent would be granted for something so generic. Just like Apple would never be granted a patent for a rectangular phone with round edges. Or any of the other thousand of dumb patents out their. Like for example buttons on the underside of a controller. 

[Alazam]

2 minutes ago, Brooksie359 said:

Yep no patent would be granted for something so generic. Just like Apple would never be granted a patent for a rectangular phone with round edges. Or any of the other thousand of dumb patents out their. Like for example buttons on the underside of a controller. 

Apple doesn't have a patent for that, why do you think so many phones look just like the iPhone? They have tried to get that patent and failed. They have sued and failed.

[Alazam]

Many people in this thread are throwing around a lot of false information about design patents. Sony has a patent for the Playstation 5. They do not have a patent for the individual side panels. This is similar to Nintendo having a patent for the Switch but you can still purchase a new shell from a 3rd party for the Switch because Nintendo doesn't have a patent for the shell itself. It is the same exact situation.

[Mark Kaine]

2 hours ago, Brooksie359 said:

Like for example buttons on the underside of a controller

yeah but... someone had to invent those first... it certainly wasn't a thing couple of years ago, so why would there not be a patent? 

 

Also depends how the "buttons" are attached hopefully and not just the concept... 

[Jet_ski]

2 hours ago, Brooksie359 said:

Yep no patent would be granted for something so generic. Just like Apple would never be granted a patent for a rectangular phone with round edges. Or any of the other thousand of dumb patents out their. Like for example buttons on the underside of a controller. 

This was over the first iPhone shape design and Samsung phones that Apple said copied their design

Quote

A US court has ordered South Korea's Samsung Electronics pay $539m in damages for copying features of Apple's original iPhone.

 

In the latest court ruling, most of the damages payment - $533.3m - was awarded for infringing three Apple design patents. The remainder was for violating two patented functions.

https://www.nytimes.com/2018/06/27/technology/apple-samsung-smartphone-patent.html

 

3 hours ago, Alazam said:

Obviously YOU don't know how patents work. That is for the system as a whole and not the side panels themselves. That patent means nobody else can make a PS5, it does NOT mean that nobody can make new side panels. Learn what you are talking about before you post...

Those side panels have unique features that allow them to be mounted on the console and are absolutely protected by the patent.

[Alazam]

11 minutes ago, Jet_ski said:

This was over the first iPhone shape design and Samsung phones that Apple said copied their design

https://www.nytimes.com/2018/06/27/technology/apple-samsung-smartphone-patent.html

 

Those side panels have unique features that allow them to be mounted on the console and are absolutely protected by the patent.

Dude, just stop, you're wrong period...

[Mark Kaine]

10 minutes ago, Jet_ski said:

Those side panels have unique features that allow them to be mounted on the console and are absolutely protected by the patent.

I mean that is really tricky though, while I agree they're copying form and 'function', where does this end, silicone covers? Stickers? 

 

I'd have to check but I think my Hori PSVita covers are actually Playstation branded, but then again this could be by choice because a branded product will obviously sell better than an unbranded 'bootleg' product.

[Alazam]

Just now, Mark Kaine said:

I mean that is really tricky though, while I agree they're copying form and 'function', where does this end, silicone covers? Stickers? 

 

I'd have to check but I think my Hori PSVita covers are actually Playstation branded, but then again this could be by choice because a branded product will obviously sell better than an unbranded 'bootleg' product.

Don't bother arguing with that guy. There is nothing unique about those side panels other than the Playstation symbols and those are not being used by Dbrand. The guy has absolutely no idea what he is talking about. Dbrand and their lawyers know way more than some random nobody on an internet forum about patent law. He is just plain wrong and can't admit to it. He is one of those people that think they are always right no matter what.

[Reiketsukan72387]

Just so everyone know s if they didnt already customize my plates IS selling plates they started selling them in january they just shortened their name to CMP plates but they sell them in 4 colors and also sell an all black ps5 controller but the controller isnt worth the money i got my black plates a couple weeks ago

[Reiketsukan72387]

1 hour ago, Alazam said:

Don't bother arguing with that guy. There is nothing unique about those side panels other than the Playstation symbols and those are not being used by Dbrand. The guy has absolutely no idea what he is talking about. Dbrand and their lawyers know way more than some random nobody on an internet forum about patent law. He is just plain wrong and can't admit to it. He is one of those people that think they are always right no matter what.

Just to back you up here the patent ob the PS5 panels isnt completed yet anyways which is one of the ways that CMP and Dbrand are able to sell these ( customize my plates started selling plate in early january i believe got mine a few weeks ago and they look nice) but also the patent is for the playstaion logo and the mini symbols that appear on all the sony ps5 stuff including the inside of the panels. Dbrand made different shapes in place of those and changed they way the plates look just enough to put it out of copyright infringement territory so they are all good

[Brooksie359]

5 hours ago, Alazam said:

Apple doesn't have a patent for that, why do you think so many phones look just like the iPhone? They have tried to get that patent and failed. They have sued and failed.

No apple won against Samsung. Anyways the fact that patent trolls is a term is because their are really generic patents out their that can be used to sue people and companies. One case being valve being sued over the steam controller having buttons on the underside of it as if it is some crazy technology. Or Apple having a patent for a glass staircase. 

[Mling]

I think the PS5 needs more mods. It needs an after market case with water cooling.

[harryk]

Wow there are many malinformed statements in this thread.

 

Here is the actual text defining what a Design Patent is per the US Patent Office:

https://www.uspto.gov/web/offices/pac/mpep/s1502.html

Quote

1502 Definition of a Design [R-07.2015]

In a design patent application, the subject matter which is claimed is the design embodied in or applied to an article of manufacture (or portion thereof) and not the article itself. Ex parte Cady, 1916 C.D. 62, 232 O.G. 621 (Comm’r Pat. 1916). "[35 U.S.C.] 171 refers, not to the design of an article, but to the design for an article, and is inclusive of ornamental designs of all kinds including surface ornamentation as well as configuration of goods." In re Zahn, 617 F.2d 261, 204 USPQ 988 (CCPA 1980).

 

The design for an article consists of the visual characteristics embodied in or applied to an article.

 

Since a design is manifested in appearance, the subject matter of a design patent application may relate to the configuration or shape of an article, to the surface ornamentation applied to an article, or to the combination of configuration and surface ornamentation.

 

Design is inseparable from the article to which it is applied and cannot exist alone merely as a scheme of surface ornamentation. It must be a definite, preconceived thing, capable of reproduction and not merely the chance result of a method.

1502.01 Distinction Between Design and Utility Patents [R-07.2015]

In general terms, a "utility patent" protects the way an article is used and works (35 U.S.C. 101), while a "design patent" protects the way an article looks (35 U.S.C. 171). The ornamental appearance for an article includes its shape/configuration or surface ornamentation applied to the article, or both. Both design and utility patents may be obtained on an article if invention resides both in its utility and ornamental appearance.

 

Patents are written to be specific to the item being protected but are excessively verbose to claim every individual part of the item. Each claim is also worded to be wildly ambiguous to allow the inventor the most flexibility when pursuing possible infringement. 

 

The PS5 design (including the side panels) are definitely covered by a patent. The fact that the PS5 has a very unique design only strengthens their patent and standing in a lawsuit. I'm not sure what dbrand's plan is, but probably some argument that doesn't relate to patents. Maybe a Right to Repair argument, posing the side panels as repair parts, but even that argument isn't solid. 

 

Edit: Another thought, dbrand might have received permission from Sony via some unannounced licensing deal. That would explain why they've made such a haughty statements.

 

Disclaimer: IANAL, but if there is a patent lawyer here please correct me if any of my understanding is incorrect

[lostcattears]

eh... Whatever just a side panel lawsuit truthfully it wouldn't matter much

[Delicieuxz]

9 hours ago, Reiketsukan72387 said:

Just to back you up here the patent ob the PS5 panels isnt completed yet anyways which is one of the ways that CMP and Dbrand are able to sell these ( customize my plates started selling plate in early january i believe got mine a few weeks ago and they look nice) but also the patent is for the playstaion logo and the mini symbols that appear on all the sony ps5 stuff including the inside of the panels. Dbrand made different shapes in place of those and changed they way the plates look just enough to put it out of copyright infringement territory so they are all good

Logos aren't patentable, but they're trademarkable. The specific shape of the PS5 probably isn't copyrightable (could it be argued that it's a sculpture?), but I guess maybe it's patentable.

 

Copyright, patent, and trademark can have the similar effect of preventing people from using a concept, but they apply to different things. Copyright applies to creative works (like a book, movie, game, or a significant part thereof), patents apply to ideas and inventions, and trademark applies to branding.

[Sakkura]

I think people are forgetting that a design patent is targeted at imitations. Dbrand is deliberately going for a different look.