In re: Nintendo of Am., Inc

June 25, 2014 by Justia

Nintendo distributes its DS video game systems to stores and online dealers, which retail the system either as a stand-alone product or bundled with video games and other accessories. Secure sued Nintendo and 11 retailers for patent infringement. The district court denied a motion by the defendants to sever and stay the claims against the retailers, and transfer the separate action against Nintendo to the Western District of Washington. The Federal Circuit vacated and directed that the district court grant the motion. Because Nintendo’s liability is predicate to recovery from any of the defendants, the case against Nintendo must proceed first, in any forum. The benefits of trying the case against Nintendo in the Western District of Washington are indisputable. View "In re: Nintendo of Am., Inc" on Justia Law