No todo son malas noticias últimamente para Nintendo ya que, tal y como informa la agencia Reuters, la Corte Federal de Apelación de Estados Unidos le ha dado la razón al gigante japonés en la causa por plagio que había presentado la empresa norteamericana Motiva. En 2008, dicha empresa había presentado una acusación de violación de la patente de un “sistema de medición del movimiento humano” y el litigio parece ser que ha llegado ya a su última estación, de hecho, en enero de 2012 la Comisión de Comercio Internacional de EEUU ya le había dado la razón a Nintendo.
En la resolución del caso, la juez Sharon Prost ha insinuado que los motivos del litigio eran meramente económicos y no por la protección de su patente.
La acusación de Motiva estaba dirigida a conseguir ganancias financieras, no a fomentar la adopción de la tecnología patentada de Motiva. Simplemente, no hay probabilidad razonable de que, después de un litigio exitoso contra Nintendo, la tecnología patentada de Motiva hubiera sido usada realmente.
Motiva ha indicado que no va a llevar el caso a instancias más altas, por lo que el litigio puede darse por concluido. Como no podía ser de otra manera, desde Nintendo se congratulan por el fallo del juzgado como se puede desprender de las palabras de Richard Medway, consejero general adjunto de Nintendo.
Estamos muy contentos con este resultado. El tribunal ha confirmado que la única actividad que ejercía Motiva, los litigios contra Nintendo, no satisfacían los requisitos para la industria nacional del International Trade Centre. Nosotros defenderemos vigorosamente las denuncias por patentes cuando creemos que no la hemos violado.
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