Nintendo Escapes Vice Grip in ITC Challenge

Certain Portable Gaming Console Systems with Attachable Handheld Controllers and Components Thereof
United States International Trade Commission
Inv. No. 337-TA-1111

This ITC Investigation involved allegations that the Nintendo Switch allegedly infringed two Gamevice patents (U.S. Patent Nos. 9,808,713 and 9,855,498) relating to handheld gaming devices with detachable controllers. The ITC’s final ruling followed a prior Administrative Law Judge (“ALJ”) ruling that found that Nintendo did not infringe Gamevice’s patents.

The Commission’s final ruling affirmed the ALJ’s findings on noninfringement. The ITC also found that claim 10 of the ’713 patent was invalid. The ITC further found that Gamevice was unable to prove that its products utilize the ’713 patent in a way that satisfies the ITC’s domestic industry requirement.