United States Federal Circuit
Motiva, LLC v. International Trade Commission, 12-1252
In action in which plaintiff alleged that Nintendo's Wii infringed its patents, and Nintendo's selling and importation of the Wii in the United States violated section 337 of the Tariff Act, the decision of the International Trade Commission that Nintendo did not violate section 337 is affirmed, where: 1) substantial evidence supports the Commission's finding that plaintiff's litigation against Nintendo was not an investment in commercializing plaintiff's patented technology that would develop a licensing program to encourage adoption and development of articles that incorporated plaintiff's patented technology; and 2) the Commission properly determined that a domestic industry does not exist nor is in the process of being established for plaintiff's patents.
Appellate Information
- Decided 05/13/2013
- Published 05/13/2013
Judges
- PROST
Court
- United States Federal Circuit