On March 1st, 2016, the Federal Circuit Court of Appeals found that Nintendoï¿½s Wii console does not infringe patents asserted by UltimatePointer, LLC.
A few years ago, the company called Ultimate Pointer started fighting big ‘N’ over the fact that the original Nintendo Wii remote controller looks and works very similar to their UPoint device as pictured above.
Well after many court battles, Nintendo as usual finally wins over this so-called patent troll, regarding their product which at least in this case did exist for a few months even tho it never took off, it was marketed towards execs to use in boardrooms instead of laser pointer, but it never took off.
On March 1, 2016, the Federal Circuit Court of Appeals found that Nintendo’s Wii console does not infringe patents asserted by UltimatePointer, LLC. This decision confirms Nintendo’s win in a Seattle Federal court, where UltimatePointer claimed that the Wii infringed patent numbers 8,049,729 and 7,746,321.
The Appeals Court also confirmed the Seattle Court’s ruling that UltimatePointer was required to pay some of Nintendo’s attorney fees. UltimatePointer was found to have engaged in "bad faith, vexatious, [and] wanton" conduct when deciding to accuse products it had not investigated and that, in some cases, did not exist.
"We are very happy with this result," said Ajay Singh, Director of Litigation and Compliance at Nintendo of America. "This case again demonstrates that Nintendo will vigorously defend itself and its innovations against patent lawsuits. It also demonstrates that, when justified, Nintendo will pursue all available options to recover attorney fees for improper litigation conduct. Nintendo continues to support reform efforts to reduce the unnecessary and inefficient burden patent cases like this one place on technology companies in the United States."
This case does not end very well at all for the owners of Ultimate Pointer, as not only did they lose their case, they were forced to pay big ‘N’ all the court fees that they have occurred over the years of fighting this long patent battle, and most likely will be the final straw that breaks this patent troll’s back.
What do you think about the case, did UPoint have a case being similar or not in regard to Wii?