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."

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martingaston

Martin Gaston

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

Falru
Falru

PATENT TROLL was defeated!

NINTENDO gained 5 years of experience!