Nintendo Penalised $10m For Wii Patent Infringement, Appeal Planned

James Marshall
September 1, 2017

The jury deliberated on the federal lawsuit at the end of yesterday and returned to deliberate this morning. The verdict came back about 11 a.m.

The eight-member jury unanimously found Nintendo had directly infringed one claim of U.S. Patent Number 6,864,796, which covers systems within a communication device for evaluating movement of a body relative to its environment. The jury awarded iLife $10 million in damages. Nintendo disagrees with the judgment as Nintendo does not infringe iLife patient and the patient has a disability. Nintendo looks forward to raising those issues with the district court and with the court of appeals.

Lead counsel in the case for iLife, Mike Wilson of Munck Wilson Mandala, said to Dallas News: "We feel like we were vindicated really". Today's verdict is the result of our commitment to excellence and an outstanding team effort.

This award is significantly less than what iLife was originally seeking back when the case was raised almost four years ago.

The technology patented by iLife was originally meant to detect when elderly individuals fell, as well as monitor babies for sudden infant death syndrome (SIDS).

This story is developing. After a row with Philips in 2014, which it looked destined to lose, Nintendo signed a global patent license (GPL) agreement to stop all this legal nonsense.

Nintendo is no stranger to these lawsuits. Nintendo sold about 36 million Wiis. Nintendo believes these other uses are not covered, and that the patent was written in such a way as to be invalid.

"Nintendo has an established track record that demonstrates our resolve to protect our iconic characters and franchises", said Devon Pritchard, Nintendo of America's senior vice president of business affairs.

Other reports by Click Lancashire

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