Microsoft and Immersion Rumble Over Sony Deal

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A new lawsuit from Microsoft claims Immersion violated a previous agreement with the company when it dropped pending litigation against Sony and entered into a business relationship with the PlayStation 3 manufacturer earlier this year.

First reported by the CNET Tech news blog, Microsoft's legal action stems from a 2003 settlement with Immersion. In 2002, Immersion pressed charges against Microsoft and Sony, alleging patent infringement over the inclusion of rumble in the controllers of each company's respective video game console. Microsoft struck a deal with Immersion in 2003, which mainly consisted of a payment totaling $26 million.

According to court documents uncovered by Seattle Post-Intelligencer writer Todd Bishop, the terms of Microsoft and Immersion's settlement promised Microsoft a minimum of $15 million in the event Immersion received settlement funds from Sony as well, with the exact amount determined by the total of Sony's payment.

When Sony and Immersion dropped the litigation and resumed business operations with one another in March of this year, Microsoft received no payment.

"The Company has determined that the conclusion of its litigation with Sony Computer Entertainment does not trigger any payment obligations under its Microsoft agreements," reads Immersion's latest quarterly filing with the SEC. "However, in a letter sent to the Company dated May 1, 2007, Microsoft disputed the Company's position and stated that it believes the Company owes Microsoft at least $27.5 million. If Microsoft brings a lawsuit to further dispute the Company's position, the Company intends to oppose Microsoft's claims and vigorously defend the Company's position."

The quarterly report also mentions that Immersion has received $131.575 million from Sony thus far--$97.3 million from the now-dropped legal action, $32.4 million in license fees and interest, plus $1.875 million under the terms of the new business deal--with plans to obtain eleven more quarterly payments of $1.875 million, totaling another $20.625 million.

"We entered into a binding licensing agreement with Immersion and are seeking to have that agreement honored," explained Microsoft associate general counsel Steve Aeschbacher. "Microsoft licenses technology both in and out and relies on these agreements to be honored and enforced. Our request to the court is that all companies and industry partners should play by the same rules and that the binding agreement we signed with Immersion be honored."

Chris Faylor was previously a games journalist creating content at Shacknews.

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From The Chatty
  • reply
    June 19, 2007 10:09 AM

    So, they paid $26 mil with the thoughts that if Sony paid as well, they'd get some of it back.

    So, Sony's paying a whole heap of money in a bunch of weird tax-evading payments, and so Microsoft says 'time to give us our cut.'

    The part I don't understand is that they think their cut is 27 mil. They want MORE back than they put in. What kind of license aggreement is it where someone pays you for the pleasure of giving you their technology?

    • reply
      June 19, 2007 10:11 AM

      the link to the Seattle Post article states that it's $15 mil if the settlement is $100 mil or less, any amount in betwen $100 and $150 mil would mean an additional 25% of that and any amount over %150 mil would be further 17.5% of that amount. So I'm guessing they're tallying up the Sony payment at around $150 mil, taking $15 mil of the first $100 mil and 25% of the extra $50 mil to reach $27.5 mil.

    • reply
      June 19, 2007 10:12 AM

      also, love them or hate them, MS was pretty clever in adding that little rider to the original deal.

      And Immersion is stupid for thinking they could pretend that the Sony payment wasn't a "settlement".

    • reply
      June 19, 2007 10:34 AM

      I'd guess MS knew it would win so struck a deal to put Sony in a bind. Clever, very very clever.

    • reply
      June 19, 2007 11:23 AM

      They want their money back + interest since 2003?

    • reply
      June 19, 2007 6:12 PM

      Wait, while popular, what exactly does Sony actually DO?

      • reply
        June 19, 2007 6:13 PM

        Dammit, misreply. (I miss the numbers)
        Was supposed to go to deadhorse's post

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