A long-standing patent infringement dispute taken out against the Wii and Wii U systems and their controllers was won by Nintendo late Thursday. The case, brought against Nintendo by themed adventure park owners Creative Kingdoms, would have blocked Wii and Wii U consoles from being imported into the United States. It asserted that the motion sensor technology used in Nintendo’s Wii remotes infringed upon a similar technology employed by magic toy wands that were used for casting spells on TV screens at Creative Kingdoms attractions. According to Nintendo’s press release, the International Trade Commission found that Nintendo’s Wii and Wii U systems do not infringe Creative Kingdoms’ patents. The commission also found that Creative Kingdoms’ patents are invalid.
The Creative Kingdoms case dates back to March of 2011. After ruling in Nintendo’s favor once, the judge overseeing the dispute was asked to reevaluate his position, and has again decided in Nintendo’s favor, declaring Creative Kingdoms’s patents invalid and stating that the Wiimote is not a hollow “toy wand”. Nintendo had reportedly also argued that the Wii U should not be included in the lawsuit, as it was not released until afterwards, and therefore was never directly inspected by the judge. Richard Medway, deputy general counsel for Nintendo of America, had the following to say about the ruling:
“We are pleased with the commission’s determination. Nintendo’s track record demonstrates that we vigorously defend patent lawsuits when we believe we have not infringed another party’s patent. Nintendo continues to develop unique and innovative products while respecting the intellectual property rights of others.”