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#Court Overturns $10 Million Nintendo Wii Remote Ruling -BB

A court has overturned the $10 million Nintendo Wii remote ruling that, in 2017, alleged Nintendo’s Wii Remote design infringed upon another company’s patent. This ends years of litigation and represents a major victory for the video game company.

A company called iLife Technologies Inc. filed a $144 million lawsuit against Nintendo over alleged infringement on a patent. At issue was Nintendo controllers‘ use of accelerometers to track hand movement in relation to the environment. In 2017, a Texas jury found that both the Wii and Wii U systems infringed iLife’s patent. iLife has filed similar lawsuits against numerous other companies and has been called a „patent troll“ many times over. Patent trolling refers to a company using patents not to produce actual products, but to bleed money from those that use similar technology. However, one of the findings in the Nintendo lawsuit was that no units of the Healthsensor 100 – the product upon which the Wii and Wii U allegedly infringed – were sold between when the patent was issued and the date of the lawsuit’s filing. Nintendo vowed to appeal the decision.

Nearly three years after iLife won its lawsuit against Nintendo, a Dallas court overturned the ruling, according to a Nintendo press release issued earlier today. The court says that iLife was „impermissibly trying to cover the broad concept of using motion sensors to detect motion.“ According to Judge Barbara Glynn (via ArsTechnica), iLife’s patent was not patentable to begin with because „merely storing, transmitting, retrieving, and writing data to implement an abstract idea on a computer does not transform the nature of the claim into a patent-eligible application.“ Glynn says that to make the idea patentable, iLife would need to make some form of improvement in accelerometers like the ability to more accurately collect information – something the company did not do.

Nintendo of America’s Deputy General Counsel Ajay Singh celebrated the decision in a press release, saying that „Nintendo has a long history of developing new and unique products“ and that the company will „continue to vigorously defend our products.” The press release points out that this is the last of six patents, five of which were deemed invalid in 2016, that iLife asserted against Nintendo, a company that regularly sells products using the technology.

Effectively, the court ruled that a reputed patent troll filed a lawsuit with no real basis. This is the logic employed by patent trolls, whose goal is generally to secure a „nuisance payment“ from companies that determine the cost of the lawsuit to be greater than acceptable. Nintendo, which regularly makes headlines for patenting unique ideas, could have done that. Instead, they chose to keep fighting until this particular troll was vanquished.

Source: Nintendo PR, ArsTechnica

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