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Nintendo Withdraws Patent Suit (Gamevice v. Nintendo Part III)
THE BIG PICTURE
On September 2, 2020, Nintendo withdrew its counterclaims of patent infringement against Gamevice. We’ve discussed this case previously:
Part I: Third Time's a Charm for Gamevice?
Part II: Nintendo Loses Damages Expert Testimony
As noted in the last update, Nintendo lost its damages expert testimony, severely hamstringing their case. It looks like they threw in the towel and conceded defeat. The parties stipulated to dismissing Nintendo’s case with prejudice, meaning the case cannot be refiled. This case appears to be the first time Nintendo asserted its own utility patents against another party. This tactic struck me as odd considering the potential damages at stake were probably fairly low on Gamevice’s end. Nintendo most likely counterclaimed for patent infringement to merely create pressure rather than receive damages. It’s also odd that Nintendo decided to withdraw the case entirely since it can still serve to create pressure (and require Gamevice to devote time to it). I’d guess that counsel was concerned that Nintendo may be sanctioned for bringing a frivolous case. Nintendo’s first foray into asserting patent infringement was probably costly and ultimately fruitless.
Trial on Gamevice’s infringement case was scheduled to begin October 26, 2020, but the court vacated that date and a new trial date has not yet been set.