Nintendo Wins Ruling in ITC Patent Case Over Video Game Systems

By:Susan Decker

Nov. 2 (Bloomberg) -- Nintendo Co., the world’s biggest maker of video-game players, won a ruling that its Wii system doesn’t infringe two patents owned by closely held Motiva LLC.

U.S. International Trade Commission Judge Robert Rogers also found that Dublin, Ohio-based Motiva hadn’t established that it had a market for the inventions in the U.S., a requirement to win a case, according to a notice today on the agency’s website. The judge’s findings are subject to review by the six-member commission in Washington.

Motiva claimed Nintendo infringed two patents for a system that tracks a game user’s position through their controller. The reason behind the judge’s findings will be made public after both sides get a chance to redact business information.

“Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others,” Rick Flamm, Nintendo of America’s general counsel, said in an e-mailed statement.

A spokesman for Motiva couldn’t be reached by telephone for comment.

The ITC, which seeks to complete its investigations in about 16 months, has the power to block imports of products that infringe U.S. patents. If the commission decides to review Rogers’s findings, it’s scheduled to finish the case by March 5.

The case is In the Matter of Video Game Systems & Controllers, 337-743, U.S. International Trade Commission (Washington).