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If I were to make a product for the xbox 720 or ps4 (a controller), would I be infringing on this patent (US20090205878) since both new consoles contain touchpads on the controller? Is this patent licensed out to anyone currently (I'm guessing yes if these controllers are already in development).

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up vote 1 down vote accepted

This is not an issued patent, it is the publication of a patent application. Publications start with a number that looks like a year; for the last many years patents have a number that is in the millions. Applications may or may not result in patents. In this case the application has not (yet) resulted in a patent. It received a "final rejection" in Nov. 2012. (Final doesn't mean final - they can keep fighting by paying more money).

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