Fenner Investments Ltd. v. Microsoft et al., the case regarding U.S. Patent No. 6,297,751 for a “low-voltage joystick port interface,” is being appealed to the Federal Circuit.

On July 15, 2009, Fenner Investments filed a notice of appeal in the U.S. District Court for the Eastern District of Texas. Fenner is appealing the final order granting summary judgment of noninfringement to Microsoft and Nintendo made in March 2009 and an August 2008 opinion interpreting the patent claim language at issue in the case.
According to Law360, Fenner’s lawyer commented on the appeal: “We disagree with the district court’s ruling on the motion for summary judgment and believe that the court of appeals will see it our way and reinstate the case,” said Robert Chiaviello Jr., an attorney for Fenner in this case. “His ruling was based on two claim terms, and we disagree with his interpretation for both terms,” he said.

Jerry A. Riedinger, an attorney for Nintendo, seems unworried about the appeal. “We believe that Judge Davis rendered a very good decision and we’re confident that the Federal Circuit will recognize the quality of his decision.”

Read Fenner’s Notice of Appeal here.

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