UltimatePointer, L.L.C. v. Nintendo Co., Ltd. et al, 6:11cv496 (11/7/13)
Judge: Leonard Davis
Holding: Defendants’ Motion for Summary Judgment GRANTED
This morning Chief Judge Davis granted the focused motion for summary judgment filed in this case as to claim 47, which resolves claims against the games using the Nintendo Wii, thus knocking out 1,975 products accused by the plaintiff. (There are about another hundred products in the case, and the numbers of games actually accused changed in recent months as the parties refined the contentions, but these are the numbers given in the ruling).
In light of the number of products at issue, Judge Davis invited suggestins from the parties to how best to manage the case. As claim 47 was the only claim against the games, the court requested early summary judgment briefing, then heard argument, determined an additional claim term needed to be construed, did that, and permitted the plaintiff to review source code and both parties to supplement their briefing.
After reviewing the briefing (and conducting the hearing) Judge Davis concluded that there was no a genuine dispute of material fact as to whether the games infringed the claim, and granted summary judgment.
Incidentally, this is the case that the Federal Circuit recently granted mandamus on, directing Judge Davis to analyze the severance and transfer issues further. He had already directed the parties to focus on briefing claim 47 as it offered a chance to trim the case down dramatically when that opinion came out, and continued those efforts post-mandamus, while the parties submitted additional filings on the severance and transfer issues.