Andre Yoskowitz
13 May 2013 22:42
Nintendo has won its appeal in a patent case which had threatened to block imports of the Wii console into the U.S.
The appeals court upheld a January 2012 U.S. ITC ruling in favor of Nintendo.
In 2008, Motiva LLC sued Nintendo claiming the Wii infringed on two patents for 'a system to track a game user's position and body movement.' The appeals court agreed with the ITC that the main motive behind Motiva's litigation was to win damages, not to license or make products using the patents.
"Motiva's litigation was targeted at financial gains, not at encouraging adoption of Motiva's patented technology," Circuit Judge Sharon Prost wrote. "There is simply no reasonable likelihood that, after successful litigation against Nintendo, Motiva's patented technology would have been licensed by partners who would have incorporated it."