Do the milkshake the milkshake do the shake
After five years in court, Nintendo has emerged victorious from a long-running patent suit over technology used in the Wii console. Ohio-based Motiva LLC claimed in 2008 that the Wii's ability to sense position and movement infringed on a patent already in place.
Today though, the United States Court of Appeals for the Federal Circuit upheld Nintendo's victory. Because Motiva is not bringing a product to market using its patents - and has no significant investments in place to do so - it was unable to satisfy the International Trade Commission's domestic industry requirement. (Plus, the ITC rules that Nintendo's hardware did not infringe on patents owned by Motiva.
Nintendo of America's deputy general counsel, Richard Medway, explains:
We are very pleased with this result. 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.