Motiva LLC v. Nintendo Co. Ltd.
United States District Court for the Western District of Washington
Case No. 10-cv-349, Filed March 2, 2010

This case was terminated on June 19, 2014.  The parties settled their claims in an out of court settlement agreement. All claims were dismissed with prejudice, and each party is to bear their own costs and attorneys’ fees.

In 2010, Motiva sued Nintendo for patent infringement of U.S. Patent No. 7,292,151, entitled “Human Movement Measurement System”. The patent relates to training a user to manipulate the position and orientation of transponders through a movement trajectory.  The purpose of the patent is for functional movement assessment for exercise, physical medicine, and rehabilitation.

The case was originally stayed pending the decision in the related ITC case between the two parties. ALJ Rogers granted-in-part Nintendo’s motion to compel the production of documents from Motiva. Motiva asserted the requested documents were privileged, but ALJ Rogers determined Motiva waived its attorney-client privilege when it shared some of the requested information with a business partner.

The ITC investigation was terminated January 4, 2012. The ALJ determined that the violation of Section 337 of the Tariff Act of 1930 has not been found with respect to the ‘151 patent.

The original post can be found here.