Nintendo Wins Early Victory in Patent Suit

Video Game Law Blog

November 03, 2011

According to a Reuters report, the US International Trade Commission has ruled in favour of Nintendo Co. in a patent infringement claim brought by Motiva LLC. In a notice issued by Judge Robert K. Rogers, Jr. following judgement, the judge found that Nintendo’s Wii does not infringe two Motiva patents and that there was no industry in the U.S. which exploited the patents in question.

The decision is subject to review by the six-member commission in Washington, D.C. and a final decision will be made by March, 2012.

Motiva claimed that Nintendo's Wii system infringed on its patents, explaining that it holds a patent for a "human movement measurement system" that uses wireless hand-held or body-worn controllers to track a user's position in three-dimensional space.

Nintendo General Counsel Rick Flamm said in an email statement, "Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others. Nintendo is confident that, if the full International Trade Commission reviews the decision, it will reach the same outcome."

Motiva has not yet made a public comment on the ruling.

Coverage is available here and here and a link to the notice is available here.