Wii, 3DS Don’t Infringe on Creative Kingdoms Patents—Nintendo

Nintendo of America (NOA) denied that its 3DS and Wii videogame systems and related products infringed on Creative Kingdoms patents. Its comment Thursday was one day after the U.S. International Trade Commission (USITC) said it voted to institute an investigation into whether Nintendo’s videogame systems, as well as wireless controllers and components for them, infringed on patents owned by Creative Kingdoms and its New Kingdoms subsidiary.

In a written statement, NOA said, “Nintendo respects the intellectual property rights of other companies, and believes that none of its products infringe Creative Kingdoms’ patents. Nintendo welcomes the opportunity to fully present its case” in a hearing with the USITC.

Creative Kingdoms, designer of an interactive live-action adventure game used at amusement parks, and New Kingdoms filed a patent infringement complaint with the USITC against Nintendo and NOA on March 21. The plaintiffs claimed that Nintendo violated Section 337 of the Tariff Act of 1930 in the importation into the U.S. and sale of the game systems and Wii’s wireless controllers, games and components in question because they infringed on the patents, the USITC said. The plaintiffs requested that the USITC issue an exclusion order and a cease and desist order.

The USITC “has not yet made any decision on the merits of the case,” it said. Its Chief Administrative Law Judge will assign the case to one of its six administrative law judges (ALJ), who will schedule and hold an evidentiary hearing, it said. The ALJ will make an initial determination as to whether there is a violation of Section 337, and that initial determination will be subject to review by the Commission, it said. It will make a final determination in the investigation “at the earliest practicable time,” it said. “Within 45 days after institution of the investigation, the USITC will set a target date for completing the investigation,” it said.

Creative Kingdoms and New Kingdoms claimed in a separate patent infringement suit against Nintendo and NOA, filed March 21 in U.S. District Court, Portland, Ore., that the 3DS and Wii, along with the Wii’s controllers, games and components, infringed on four U.S. patents that Creative Kingdoms owned.

The patents in question are 7,896,742, titled “Apparatus and Methods for Providing Interactive Entertainment,” issued March 1; 7,850,527, titled “Magic-Themed Adventure Game,” issued Dec. 14, 2010; 6,761,637, titled “Method of Game Play using RFID Tracking Device,” issued July 13, 2004; and 7,500,917, titled “Magical Wand and Interactive Play Experience,” issued March 10, 2009.

The plaintiffs asked the Portland court to award unspecified damages and legal fees, and sought a jury trial.