The Federal Circuit Court of Appeals in Washington has told Nintendo that it can continue selling the original Wii in the United States. Motiva had claimed that the Wii had infringed two of its patents for a system to track a user’s position and body movement. Three judges stated that Motiva’s main motive was to win damages or a settlement, not to license or make products incorporating the company’s patents. A lawyer for Motiva said the ruling was unfortunate, but they will take the claim to a district court.
“Motiva’s litigation was targeted at financial gains, not at encouraging adoption of Motiva’s patented technology. 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 Judge, Sharon Prost
Thanks, Ian S