In November 2011, the US International Trade Commission ruled that Nintendo Co. did not infringe on two patents owned by Dublin, Ohio-based Motiva LLC in making its Wii video game system. On May 13, the US Federal Circuit Court of Appeals in Washington DC affirmed that decision, allowing Nintendo to continue importing the Wii into the United States. Reuters reported that the decision against Motiva “could make it harder for US companies to halt imports of products that allegedly infringe patents on grounds they want to establish a ‘domestic industry’ for similar products.”
Motiva claimed that the Wii infringed two patents for a system to track a game user’s position and body movement, but Reuters reported that a three-judge Federal Circuit panel agreed with the quasi-judicial federal agency’s ruling that Nintendo did not infringe on the patents. “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.”
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