Nintendo Wins Patent Case Brought on by Motiva
Orange County – Nintendo has recently emerged victorious from a patent infringement lawsuit filed by Motiva, LLC.. Motiva filed the patent infringement complaint in 2008 against Nintendo over its patent for “Human Movement Measurement System” filed in June 2005 and granted in November 2007.
Last week, the United States International Trade Commission ruled that Nintendo’s Wii and Wii remote did not infringe on Motiva’s patent and will not be banned from import into the U.S.. According to its website, Motiva is a small, Ohio-based manufacturer of hardware and software with patented technology used to create video game products that encourage consumers to engage their minds and bodies for a more enjoyable and healthy video game experience. According to video game demands and the user’s physical conditioning, its patented technology provides personal feedback of movement performance by real-time assessment and reporting of its user’s movement capabilities.
The judge behind the Nintendo ruling determined that Motiva had not established a market behind its patented invention, which is a requirement to win an International Trade Commission case. The case will now need to be reviewed by a six-member commission of the ITC, however Nintendo remains optimistic that they will also rule in its favor. Traditionally, the review commission concurs with the rulings handed down by the ITC judges.
The Motiva lawsuit is strikingly similar to two recent patent infringement complaints brought against Nintendo. Like Motiva, UltimatePointer, which filed its complaint against Nintendo last month, does not have a similar product out on the market, making its case difficult to prosecute. In September, California-based ThinkOptics sued Nintendo for patent infringement, claiming that the Wii gaming products infringe on a few of its Wavit Remote patents. Nintendo isn’t the only target in both cases. Both UltimatePointer and ThinkOptics are also going after Target, Wal Mart, Gamestop, Best Buy, and Kmart for selling the alleged infringing Wii products. Both companies are seeking injunctions to stop the retailers from selling the Wii, along with damages and royalties for lost sales.
Posted in: Patent Infringement