Tue, May 14, 2013 | 02:44 BST
Nintendo wins latest appeal in 2008 Wiimote patent case
Motiva has been unsuccessful in its bid to overturn a January decision ruling in Nintendo’s favour over contested Wiimote patents.
Motiva sued Nintendo in 2008 for infringing on patents for a system to track body movement; the US International Trade Commission originally ruled in Nintendo’s favour in 2011, but the company appealed the decision.
Reuters reports a three-judge panel again decided in Nintendo’s favour, for two reasons. First, it said the Wiimote doesn’t infringe on Motiva’s patents.
Secondly, it suggested that Motiva was not interested in making product based on its patents, but chasing damages or a settlement, since Motiva’s case didn;t take account of the substantial financial investment Nintendo made bringing the product to market.
The decision against Motiva LLC, which sued Nintendo in 2008, could make it harder for U.S. companies to halt imports of products that allegedly infringe patents on grounds they want to establish a “domestic industry” for similar 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,” circuit dudge Sharon Prost wrote.
Motive will pursue the case in district court.
Nintendo isn’t always successful in its legal manoeuvrings – it was found liable for $32 million in a patent suit over the 3DS.