Nintendo succeeds in court appeal over Wii


Nintendo have once again proved victorious at court, Yahoo reports.

Motiva had sued the company in 2008, claiming that the Wii had infringed upon two patents for a system that traced a user’s position and body movement.

Monday saw the US Federal Circuit Court of Appeals affirm a ruling previously granted by the US International Trade Commission, who handle technology disputes.

A three-judge panel agreed that Motiva’s motivation for the litigation was to win damages or a settlement, rather than to release similar products using the patent. A loss would have seen Nintendo no longer able to import the Wii in North America.

“Motiva’s litigation was targeted at financial gains, not at encouraging adoption of Motiva’s patented technology,” circuit judge Sharon Prost wrote.

“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.”

Nintendo of America’s deputy general counsel Richard Medway said the company was pleased with the decision, whilst Motiva will take their fight to the district court.

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