EFF Calls Haptic Toy Patent ‘Ridiculously Broad’

EFF Calls Haptic Toy Patent ‘Ridiculously Broad’

SAN FRANCISCO — The Electronic Frontier Foundation has weighed in on the patent infringement suit against six haptic toy makers, and they’ve surmised that the intellectual property claimed by TZU Technologies LLC deserves to be called “stupid” and that the holder’s patent is “ridiculously broad.”

TZU Technologies, which was assigned U.S. Patent No. 6,368,268 from its inventor, Warren Sandvick, filed the six suits against RealTouch, Comingle, Holland Haptics, Vibease, Frixion and Winzz.

Each of the suits claim that the companies willfully infringed on the patent by proceeding with the manufacture and sale of products, or the funding of them, after being aware of the patent. 

But Vera Ranieri, a staff attorney at the EFF, an organization that works to protect fundamental technology rights that also is known for its bold commentaries, said in piece published this week that Tzu Technologies’ suit shows how the U.S.’s broken patent system is preventing innovation in many spaces, including those industries that produce adult entertainment and sex toys and novelties.

“Looking closely at the patent, and specifically at what Tzu Technologies actually claims to own, it is clear that this patent, regardless of its exciting subject matter, deserves to be called stupid,” Ranieri said.

“As this 1993 Chicago Tribune article shows, the idea of remotely stimulating a partner was nothing new in 1998 (the year the application for the patent was filed),” she wrote. “Nor was it unknown how to do it. Howard Stern (in)famously engaged in some of his own teledildonics in the 1980s, that was later reenacted in his 1997 movie “Private Parts.”

"Given this history, you might expect that, in 1998, patent applicants would need to come up with some new and nonobvious way of using a computer to control a sex toy. But like many patents that we have labeled “Stupid,” that’s not what happened. Or at least, that’s not what the inventors claimed."

Ranieri pointed to Claim 8 of the patent, showing how broad she thinks the patent is.

“Perhaps the Patent Office should have given Howard Stern a patent, given that the patent explicitly suggests that the ‘input device’ can be a microphone,” she wrote.

“Ultimately, Claim 8 of this patent is nothing more than the idea of teledildonics, dressed up in ‘input devices,’ ‘signals’ and ‘interfaces.’ That’s what makes this patent, and these lawsuits, so frustrating. There was nothing novel, nonobvious, or even patentable about this claim. It never should have issued. Doing it with a computer (literally) does not make something patentable.

“More and more, everyday items are incorporating software and networking technology. Unfortunately, that means more and more everyday items are at risk of being said to infringe overbroad, vague patents that never should have issued.

"As this patent shows, the problems with the patent system have the potential to impact many diverse fields, and until we find a way for small companies to quickly and efficiently shut down these patent trolls, we will continue to hurt innovators who are merely trying to make life more interesting.”

Related:  

Copyright © 2024 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Xgen Debuts 2nd Volume of New Releases Catalog

Xgen Products has released the second volume of its 2024 New Releases catalog.

Orion Debuts Red Cotelli Set

Orion Wholesale is now distributing a red-colored set from its Cottelli line.

FSC Drops Opposition to California Age Verification Bill After Amendments

Free Speech Coalition (FSC) has dropped its formal opposition to California’s age verification bill AB 3080, after an amendment secured through months of discussions with the bill’s author was heard by the Senate Judiciary Committee.

SCOTUS Agrees to Hear Texas Age Verification Challenge

The United States Supreme Court granted on Tuesday the petition for a writ of certiorari in the Free Speech Coalition-led challenge to Texas’ age verification law, agreeing to hear the case in the next term.

Dorcel Group Acquires LifeSelector

Dorcel Group has acquired interactive content company LifeSelector.

Etsy Updates Policy to Ban Sale of Most Adult Pleasure Products, Content

Etsy will ban sales of most pleasure products and content that depicts sex acts and genitalia starting July 29.

Jamie Page Is LoyalFans' 'Featured Creator' for July

LoyalFans has named Jamie Page as its Featured Creator for July.

Stripper, Adult Businesses Challenge Florida's Under-21 Ban for Adult Entertainment Workers

Strip clubs and other adult entertainment establishments in Florida are challenging the state’s law that prevents them from employing adults between the ages of 18 and 20.

Byborg's Le Shaw Research Institute Teams Up With SWOP Behind Bars

LiveJasmin parent company Byborg Enterprises’ Le Shaw International Sexual Health and Wellness Research Institute has joined forces with U.S.-based sex worker advocacy group SWOP Behind Bars.

AI Erotic Storytelling Platform 'Erota' Launches

Erota, a new AI-powered erotic storytelling platform, has debuted.

Show More