Nintendo

News & Analysis as of

Judge Rakoff Holds a 3-D “Magic Trick” Implemented With Software Is Not Equivalent to One Implemented With Hardware

On April 24, 2016, District Judge Jed S. Rakoff (S.D.N.Y.) ruled that defendants Nintendo Co., Ltd. and Nintendo of America, Inc.’s (collectively, “Nintendo”)’s 3DS pocket gaming console does not infringe Tomita Technologies...more

What do you mean(s) we lost?!?

Tomita Technologies USA, LLC was handed a devastating loss earlier this week in its long-enduring battle with Nintendo over stereoscopic (i.e. 3D) image technology. Back in 2013, Nintendo lost a patent infringement jury...more

Mine?

Recent developments have brought to the forefront the ongoing debate about what rights, if any, gamers should have or own in their online personas or in the contributions that they make to games through their gameplay...more

Functional Claim Language Does Not Render Apparatus Claim Indefinite For Including Both Method And Apparatus

Patent applications involving electrical and/or computer related inventions often involve functional claim language. For example, software may be claimed in terms of its function. One or more components of an electrical...more

Federal Circuit Finds Claim Reciting Both Apparatus and Process Limitations May Be Definite

On March 1, 2016, the Court of Appeals for the Federal Circuit issued a decision in UltimatePointer, LLC v. Nintendo Co., No. 2015-1297, 2016 BL 60387 (Fed. Cir. Mar. 01, 2016). One of the issues decided by the court was...more

When Are Method/Device Hybrid Claims Indefinite?

The Federal Circuit’s recent decision in UltimatePointer v. Nintendo (Fed. Cir. Mar. 1, 2016) provides a reminder of the need to use caution when drafting a claim that could be read to cover both a device and a method of use....more

Ultimate Pointer Prevails in Indefiniteness Challenge

When is a claimed device really a claimed device? Claims for many types of tangible items, particularly computer-related inventions, include functional terminology. As the 213 blog has noted in the past, functional claiming...more

The Specification (Including the Title) Narrowed the Scope of the Claims

In Ultimatepointer LLC v. Nintendo Co., Ltd., [201501297] (March 1, 2016), the Federal Circuit affirmed summary judgment of non-infringement of U.S. Patent No. U.S. Patent 8,049,729 on a handheld pointing device. At issue...more

Recognicorp v. Nintendo: Invalidating software claims under 35 U.S.C. § 101

The U.S. District Court for the Western District of Washington held, in Recognicorp, LLC v. Nintendo Co. Ltd., et al, that claims to certain methods and systems for encoding/decoding image data are not patent-eligible under...more

Recognicorp, LLC v. Nintendo Co. (W.D. Wash. 2015)

Generic Software Claims Found Ineligible under § 101 - A common theme found in recent patent litigation is that software claims lacking detail are more likely to be found invalid under 35 U.S.C. § 101. The U.S....more

Competition News December 2015

The French Competition Authority recalls that a resale price mentioned publicly is not necessarily an imposed resale price - The French Competition Authority inaugurated December with a non-suit concerning an alleged...more

The Year of Pokémon: the Potential & Pitfalls of AR Gaming

In 2016, Niantic will blur the lines between our world and the world of Pokémon with the release of Pokémon GO, its upcoming augmented reality game for mobile phones, which will allow fans to see and interact with Pokémon in...more

“Symmetrically Arranged” Buttons: A Patent Win for Nintendo

Nintendo has been making headlines recently. The gaming industry is in mounrning over the unfortunate passing of Nintendo CEO Satoru Iwata last week. Iwata was instrumental in the success of the Nintendo Wii, among other...more

Nintendo moves towards mobile gaming

This week, Nintendo shocked the gaming industry when it announced a partnership with DeNA, a company that makes free-to-play games for mobile phones. Historically, Nintendo has been resistant to releasing their well-known...more

Convenience Trumps Potentially Higher Royalties

In re Nintendo of America, Inc. - The U.S. Court of Appeals for the Federal Circuit vacated a denial of a motion to sever and transfer, directing the district court to grant petitioner’s motion because the transferee...more

Identifying Class of Algorithms Insufficient To Satisfy Means-Plus-Function Structure Requirement

Triton Tech of Texas, LLC v. Nintendo of America, Inc. - Addressing whether a patent specification provided adequate specificity to satisfy indefiniteness scrutiny of a means-plus-function claim, the U.S. Court of...more

Court Excludes Defense Damage Expert's Royalty Base Where Expert Based Royalty Base Solely on "Inventive Aspects" of Patent and...

ThinkOptics, Inc. ("ThinkOptics") filed a patent infringement action accusing several Defendants of infringing three patents: U.S. Patent Nos. 7,796,116; 7,852,317; and 7,864,159. As explained by the district court, "[t]he...more

Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014)

A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from the Federal...more

Nintendo Latest Victory Against NPE

On May 19, 2014 a U.S. District Court in the Eastern District of Texas granted a joint motion to dismiss Wall Wireless’ patent lawsuit against Nintendo filed in February of 2009, which implicated the Nintendo DS and DSi...more

Royalty Awarded After Remittitur More Appropriately Based on Percentage Than Dollar Figure Per Unit Sold to Avoid Windfall to...

In February 2013, Tomita Technologies USA, LLC ("Tomita") went to trial before a jury against Nintendo Co., Ltd. ("Nintendo"). In March 2013, the jury returned a verdict in favor of Tomita in the amount of $30.2 million,...more

Tomita v. Nintendo: Remittitur or New Trial Ordered on $30M Damage Verdict Where Jury Likely Weighed Profitability of Games Rather...

Tomita Technologies USA, LLC ("Tomita") won a jury verdict of $30M against Nintendo in patent infringement action. The jury found that Nintendo's 3DS infringed the patent-in-suit (the '664 patent) and that the '664 patent was...more

Around the Virtual World: May 20-24, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Around the Virtual World: May 20-24, 2013 - Nintendo Wants Review of Patent Claim Ruling in Wii...more

Around the Virtual World: May 13-17, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - What's the Matter With Zynga? - Video game maker drops gun makers, not their guns -...more

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