Last week US District Judge Claudia Wilken threw out Sony's appeal of a 2005 ruling that ordered it to pay Immersion $90 mill. due to patent infringement allegedly incorporated into Sony's controller, including its Dual Shock. This decision hits hard as the upcoming PlayStation 3 also features said technology in its controllers. A spokesperson said it had already appealed to a US Court of Appeals and procedures there are under way, denying out-of-court settlement talks are being held.