Nintendo and Others Sued for Patent Infringement

San Diego – UltimatePointer LLC, a Texas-based technology company, has filed a patent infringement lawsuit against Nintendo over claims that Nintendo’s Wii remote directly conflicts with its own patent. UltimatePointer is also going after everyone else even remotely involved with the Wii, including Nintendo of Japan and Nintendo of America and various retailers involved in the making, using, importing, and/or selling the Wii systems, games, and related accessories.

UltimatePointer’s patent describes an “easily deployable interactive direct-pointing system and presentation control system and calibration method therefore.” The patent, which covers a product called the Upoint, was filed in May 2005, however it didn’t register until June 2010, four years after Nintendo launched its Wii console in North America.

The company is arguing that Nintendo Japan and Nintendo America have “directly infringed the patent with the unauthorized selling of its Wii remote hardware.” Large retailers such as Best Buy, GameStop, and Sears were also named in the lawsuit for participating in selling the infringing products, however online retail giant Amazon was not named as a defendant.

The complaint did not specify a monetary amount for damages that UltimatePointer is seeking, but instead is asking that Nintendo pay a “reasonable royalty” for the alleged infringement along with court costs and attorneys’ fees.

Interestingly, the Upoint is not currently available for sale. The UltimatePointer website claims that the products are under currently undergoing “a rigorous testing scheme” but the company is accepting obligation-free pre-orders