Secure Axcess,
LLC. v. Nintendo of America Inc.
United States Court
of Appeals for the Federal Circuit
Filed December 2,
Case No. 2015-1971
As you may
recall from an earlier post, Secure Axcess had filed suit against
Nintendo of America alleging infringement of U.S. Patent 6,522,309, entitled
“Multiscreen Personal Computer Display Method and Apparatus.” The Western
District of Washington entered a judgment of non-infringement in favor of
The ‘309
patent is entitled, “Multiscreen Personal Computer Display Method and
Apparatus,” and it relates to a computer with multiple display capability. A
user can simultaneously display documents using a singular processed video data
signal source, on two or more screens. The ‘309 teaches a device termed a
“translative video adapter”, or TVA, which is used on two or more
screens to view and edit documents simultaneously. Secure Axcess asserted
that the Nintendo DS infringes the ‘309 patent with its dual-screen. As
previously reported, the district court found that Nintendo did not infringe
based on a claim construction that the TVA had to be a separate device.
‘309 Patent, Figure 1
Axcess has now filed an appeal with the Federal Circuit requesting the ruling
be vacated. Secure Axcess is primarily challenging the claim construction used
by the district court. Secure Axcess is arguing that the court improperly
interpreted the claims to include limitations that do not appear in the body of
the claims, and are otherwise inconsistent with Patent Number 6,522,309,
specifically “in holding that 1) the TVA must be a ‘detachable’ device; 2) the
TVA does not implement bidirectional communication, and 3) the TVA only
supports conversion of ‘analog’ video signals when construing the ‘309 patent
claims.” Opening Brief of Plaintiff – Appellant at 3, Nintendo of America v. Secure Axcess, LLC., No. 15-1971 (Fed. Cir.
Dec. 2, 2015).

We will keep you updated regarding future developments.Thanks to Josh Davenport for his assistance in preparing this update.