"Motiva's litigation was targeted at financial gains, not at encouraging adoption of Motiva's patented technology," Circuit Judge Sharon Prost wrote, as reported by Reuters. "There is simply no reasonable likelihood that, after successful litigation against Nintendo, Motiva's patented technology would have been licensed by partners who would have incorporated it."
"We are very pleased with this result. The court confirmed that Motiva's sole activity, litigation against Nintendo, did not satisfy the ITC's domestic industry requirement," said Richard Medway, Nintendo of America's deputy general counsel. "We vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent."
The lawyer for Motiva said the company will now take the case to the district court. The judge and Medway then went under the nearest bridge and laid out some nice bedding made of the finest straw to show there were no hard feelings toward Motiva.