Nintendo has seen its share of patent infringement suits this year. The first was involving a former Sony employee, Seijiro Tomita, who claimed that Nintendo stole some of the components of 3D technology he had shown them in a demonstration, and claimed that they put it into their successful 3DS handheld system without his permission. Despite the claims, the inventor won, and Nintendo had to cough up over $30.2 million in damages. Well, another suit was filed, but this was involving the Wii home console and it was filed way back in 2008 by Motiva LLC. Motiva, is an American based company located in Dublin, Ohio, that is suing Nintendo for infringing on two patents which are to track a game user\’s position and body movement.
The case was brought before a court of appeals, where three federal judges and the International Trade Commission agreed that the main reason Motiva wanted to sue Nintendo was so that they could win the money from the damages or what was settled, rather then try to keep secure their licensed patents from being used fraudulently in other company\’s products.
\”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,\” said Circuit Judge Sharon Prost.
Motiva\’s lawyer, Christopher Banys, noted that even though Motiva lost in appeals court they are still confident that they can win in district court. Meanwhile, Richard Medway, the general counsel for Nintendo of America said that Nintendo is pleased with the outcome.
What do you think of the outcome? Leave your comments here on Nintendo Enthusiast.
*Update: Since the verdict Motiva has now filed with the district court.