Nintendo wins appeal in Wii court case

Nintendo did not infringe on patents with the Wii, rules court.

The United States Court of Appeals has upheld a previous ruling that Nintendo did not infringe on patents held by Motiva LLC.

The US International Trade Commission said in January that Motiva's sole use of its patents was to engage in a lawsuit against Nintendo, and subsequently ruled in favour of the Mario owner.

The lawsuit had been ongoing since 2008 when Motiva sued Nintendo, with the latter company arguing that the former had no intention of using the patents to either create its own products or license the products to another company.

Motiva held US patent numbers 7,292,151 and 7,492,268, which involved a peripheral for measuring the movement of its user.

"Motiva was never close to launching a product incorporating the patented technology--nor did any partners show any interest in doing so, for years before or any time after the launch of the Wii. Motiva's only remaining prototype was a product far from completion, and a multitude of development and testing steps remained prior to finalising a product for production. Moreover, the evidence demonstrated that Motiva's litigation was targeted at financial gains, not at encouraging adoption of Motiva's patented technology," wrote Circuit Judge Sharon Prost in the ruling.

"We are very pleased with this result," said Nintendo deputy general counsel Richard Medway in a press release. "The court confirmed that Motiva's sole activity, litigation against Nintendo, did not satisfy the ITC's domestic industry requirement."

"Nintendo has a passionate tradition of developing innovative products while respecting the intellectual property rights of others. We vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent."

Written By

Hi! I'm Martin, for some reason or another I have managed to convince the people who run GameSpot that I am actually wor

Discussion

52 comments
jsmoke03
jsmoke03

i didnt know that these patents had to be used for it to be upheld. interesting

wyan_
wyan_

Yo Big N I'm really happy for you and Imma letchu finish, but the Wii is one of the worst consoles of all time!

tim1935
tim1935

Congratulations Nintendo!!!  Down with the patent trolls!

fourclawrider
fourclawrider

I think i'm gonna patent sex...anybody having sex pay me

swamptick
swamptick

It's funny how only just NOW, Gamestop is giving this major press. Had it been Microsoft or  even Sony, they would have hit us with articles once a week. 

blackrunie
blackrunie

that's a really shitty reasoning:

''it's not like they were doing anything with it''

that's like stealing someone's family heirloom and claiming they were just looking at it once in a while anyway and receiving no fine.

nintendoboy16
nintendoboy16

A Nintendo related article and there isn't a s***storm of comments. I guess it only works if there's negative news, announcement of their triforce (Mario/Zelda/Pokemon) that consistently get called "rehash", or they take a game everyone wants to play, only to find out it's either exclusive or published by Nintendo (remember: September 2012, the announcement of THAT game).

Aphyosemion
Aphyosemion

One strike against the patent trolls!!! Well done, Nintendo! Now, someone needs to sue Nintendo for coming up with the worst names for their consoles in the world.

commanderxp90
commanderxp90

Well done job, Nintendo! I'll buy more Wii games in my collection of games in the future! ;)

MysteryJ0ker
MysteryJ0ker

Patents should be restricted to only those willing to invest in a final, working product. No exceptions.

leeko_link
leeko_link

From now on I think companies should only patent things they invented themselves, not things that will be invented.

SIDEFX1
SIDEFX1

This is the best news I had all day.. Well done Nintendo!! 

WeWerePirates
WeWerePirates

In short the Judge called Motiva patent trolls. And yes, the right answer was reached this time but the patent system is still utterly broken. It took Nintendo five years to win a case against blatant patent trolls what can a small company possibly do in that situation? They can't afford the legal costs, all they can do is pay them off like some sort of protection racket.

jinzo9988
jinzo9988

Score one for Nintendo, and really for the tech industry at large.  This patent thing for technology and the way people use it is such a crock of garbage.  Douchebag companies like Motiva do just enough to successfully file a patent and then sit on their asses waiting for the opportunity to sue someone or wait for royalties, and it's quite frankly a disgusting practice that helps hold technology back.

PheasantSupreme
PheasantSupreme

Sometimes i really like the game's industry for not doing the whole patent everything s$!t. What would it be like if the first person to invent the red health bar and blue mana bar would patent those mechanics? Or the first person to invent blocking? Or parying?

anonymousicko
anonymousicko

That's not very smart of GS, putting a video expecting Nintendo to post 2nd straight full year loss, especially when Nintendo already announced that they turned into profit less than a month ago. GS's Nintendo article reeks of hatred

franzito
franzito

Maybe some people start feeling pity for Big N and buy Wii U after this. Maybe not..

fatee
fatee moderator

Patents are dumb as shit and prohibit human growth in both technology and innovation.

Only whole products (perhaps in part) should allowed to be protected. 

Allowing, for example, Apple to own the patent to "rounded corners" is fucking stupid. Not joking, this is real.

-Jonce-
-Jonce-

Kick in the teeth (and their wallet) for the patent trolls. Grats Nintendo.

Zerabp
Zerabp

I'm not a fan of the Wii or Wii-U for that matter but man am I glad they won this.

YukoAsho
YukoAsho

@jsmoke03 The issue with patent trolls is really that it's usually just cheaper for companies to settle out of court.  When companies actually fight the troll, the troll ends up losing.

GSJones1994
GSJones1994

@wyan_ You know nothing. Seriously, you are acting like it's a fact. You have NOOOO idea what a bad console is.

Someguy1212
Someguy1212

@wyan_ and that's why it sold more units then the PS3 or the 360 :/ At least Nintendo tries to make games that are different and unique unlike Sony and Microsoft which never attempt to be unique.

lowkey254
lowkey254

So you want weekly coverage for something that started in 2008?

ACMC85
ACMC85

@blackrunie The point is patent troll failed. The point of IP law is to encourage innovation, not trolling for law suits.

Saketume
Saketume

@nintendoboy16 That isn't exclusively because it's Nintendo.

People usually don't comment as much if it's positive news as they do when it's negative.


Think of it like this. Your car is not broken today. Would you talk about how well your car works today?

Now if i breaks down on the other hand I'm sure you'd rant about it.

GSJones1994
GSJones1994

@nintendoboy16 It works with negative news because that's what people want to see. Remember the 1st rule of mass media: Give the people what they want. People hate Nintendo because they are the New York Yankees of the video game industry.

Someguy1212
Someguy1212

@MysteryJ0ker I agree 100% with you. A company patenting something just to have patent restricts innovation. It pretty much makes people rush to patent something then hold its development back.

SIDEFX1
SIDEFX1

@leeko_link I think they should abolish patent on many things as well... 

McGregor
McGregor

@WeWerePirates I agree, the patent system is very broken, Motiva was/is a patent troll. At the same time, I'm confused as to how Nintendo won this. It sounds like Motiva has a legitimate patent, and even if they weren't using it, that patent should be upheld. I'm thinking the mistake Motiva made was going all out for damages (that were non-existent), instead of making a licensing deal.

barrybarryk
barrybarryk

@anonymousicko lol I wouldn't read too much into it, it was probably just spat out of whatever CMS they use for articles

wcwj26
wcwj26

 @franzito Maybe that's why 3DS is flying off shelves!

Seems to me Sony could do with a planet full of pity!

johnny_pay
johnny_pay

@fatee patents themselves arent dumb its just some people patent dumb shit

wyan_
wyan_

@Someguy1212@wyan_All three companies have been involved in unique and awesome games. STFU and go back to your pasture you narrow minded Ninsheep.

lowkey254
lowkey254

People hate Nintendo because they haven't brought in new IPs and have ignored others. It's not because they're famous/big.

nickpeck36
nickpeck36

@Sam_021 @anonymousicko They can live on forever with just the handheld market alone.  They move more DS systems then ms or sony can in the home and mobile markets (lol @ vita).

While I will agree that some of nintendos stupid decisions over the years (some that I still scratch my head over) and overall lack of awareness of the times can and does hurt them, but I'm sure they will still be around.

Someguy1212
Someguy1212

@wyan_ this coming from a person who is using the company "Zippo" as a word. Do you even know what narrow minded even means? Your obviously from a low income neighborhood where the education system leaves much to be desired, your just showing us that the education system in this country needs to be fixed as it failing people like you. Now seriously try and actually make sense since your thought making skills is "zippo"

Someguy1212
Someguy1212

@wyan_ @Someguy1212 Microsoft has made nothing unique. Microsoft has also relied on others ideas. Sony has some ideas but most of the innovation in the video game industry now is Nintendo. Also I don't take people who A) make no sense & B) don't understand what forums and comments are for :/ Learn to debate properly and then get back to me.

Sam_021
Sam_021

@GSJones1994 Hell yeah baby as well as the next Xbox if they play nice again and not screw around :D

GSJones1994
GSJones1994

@Sam_021 @nickpeck36 No they won't. Get your head out of Michael Pachter's rear. The 3DS is already selling at a much faster pace than the original DS.

Sam_021
Sam_021

@nickpeck36 No one gives a shit about handhelds anymore lol. Tablets and and phones will replace them soon :)