Sep 13th, 2013

Wii U

Nintendo has been the defendant in a long-standing case of patent infringement brought against them by Creative Kingdoms. This patent case could have blocked both Wii and Wii U sales in the United States, due to the motion sensor technology used in the Wii remotes. Creative Kingdoms alleged that similar technology was available in the magic toy wands that were used for casting spells at several of their attractions and that Nintendo infringed their patents by using this technology in both the Wii and the Wii U.

Nintendo was found not guilty by the International Trade Commission, meaning that the ITC found Nintendo did not infringe Creative Kingdom’s patents in the creation of the motion technology of the Wii and the Wii U. In addition, the commission found that Creative Kingdom’s patents were invalid.

Richard Medway, counsel for Nintendo of America had this to say about the ruling:

“We are pleased with the commission’s determination. Nintendo’s track record demonstrates that we vigorously defend patent lawsuits when we believe we have not infringed another party’s patent. Nintendo continues to develop unique and innovative products while respecting the intellectual property rights of others.”

It looks like the Wii and the Wii U will continue to be available in the United States.

local_offer    Nintendo  patent infringement  wii u  
  • Alexander Kleinwechter

    WOW, i had no idea about this situation before, glad they won, but it was kinda obvious that nintendo won, its nintendo πŸ™‚

    • Merrfn

      If they lost Nintendo and the gaming industry would of been screwed…

    • Michael DeVore

      Not really obvious. For example, they initially lost the case regarding analog triggers with Anascape. They eventually won on appeal years later, but that case is the reason why the classic controller vanished off of shelves for the Wii. Nintendo has been successful with defending itself, but not always in round 1.

  • The_Colourful_Jester

    Somewhat late isn’t it? Surely this was originally directed at the Wii, and only later the Wii U?

    • Jack5221

      Well, trials like these can last a very long time. And unfortunately Nintendo cant just drop it. They have to deal with it until a verdict is reached. Luckily Nintendo won.

  • John Smith

    Wii U Daily, This is a MUCH BETTER, CLEARER version of New Super MArio 3D World Box art !

    • IBlock

      What does that have to do with the topic at hand?

      • John Smith

        Well, nothing, I’m just saying it because Wii U Daily shared the small and bad quality version and i’m sharing the big and good quality version.

      • nin-10-doughfan

        nothing! just brought up!

      • Merrfn

        Nothing at all.

    • Nintedward

      That looks awesome!

    • John Smith

      Would this look better ?

      • A_7

        This is way better! is it the actual box art?

        • John Smith

          No, the one I posted on top with no sky is the actual one….

          • Lusunup

            I like the first ine better because It stands out you know what I mean? It like Eye candy because of the white checkered background.

      • Castamere

        This one looks outstanding!

      • nin-10-doughfan

        yeah! the other looks only half as good as the other one!

      • Merrfn

        I definitely prefer this one.

      • Elitepwnsface

        Need that sky for sure

      • I like the sky much better than the white background. It looks like a real “world.”

    • Magnus Eriksson

      Who said Nintendo make kiddie games? This is clearly not a kiddie game!

      • JB


        • Merrfn

          Well how did he get the suit to wear? Mario the animal murder…

          First he found a cat and killed it.

          Then he filleted it.

          Then wore it.

          Then he acted innocent…

          • Ice Climbers

            The cat suit was clearly Nintendo’s way of giving Peta the middle finger.

          • Merrfn

            I remember that whole PETA thing. So ridiculous.

          • That just reminded me that Peta may start another smear campaign. πŸ™

          • Merrfn

            And then they will make themselves look like fools…

          • dr scoobie

            he got it from a item box,
            so someone else must have killed it.

          • Merrfn

            What if he just kept it in a box for storage?

      • Truthteller

        Yeah, a fat man in a cat suit with a mushroom headed midget with one hand raised saying ‘yeah’ like a 2nd grader is not a kiddy game…

        • Magnus Eriksson

          Maybe he skinned the cat on a mushroom trip?

          edit: Why downvote Truthteller on this? The comment was actually hillarious.

        • goldmrmber

          So if the rased hand had a gun in it would that suit you sir

          So by your non logic thats a kids game

          So wen I play say chess its a kids game SHUT UP CHAV

          • And the princess would have to be in a slutty outfit.. He is just pissy because Mario Platformer games often surprise gamers with challenges that test even the most experienced gamers and he does not have the skill or patience to play games like these.

        • That is oh so not the truth, Lieteller.

    • TULFich

      They should have just left the characters in the cat suits,

    • Clel

      It’s so purrrty =D (see what I did there?)

      • Ducked


  • IBlock

    I’m happy. Really happy. So happy that it just broke the non-existant happy-o-meter.


  • Jack5221

    Fuck Creative Kingdom!! Don’t mess with Nintendo! Looks like another patent troll bites the dust.

    • Magnus Eriksson

      And if it was the opposite direction Im pretty sure you wouldnt say “-fuck you Nintendo”… Fanboys…

      • Jack5221

        I dont know who Creative Kingdom is. But they tried to get Wii and Wii U systems completely off the market in the U.S. Obviously that affects Nintendo in a big way, but its not so much Nintendo Im concerned for, but rather the gaming industry as a whole. Taking away 1 of the 3 big consoles doesnt exactly give us, the consumer, the options we want. Not everyone buys all 3 consoles like I do, most only buy one. If someone only ever bought Nintendo Consoles, then they’re taken off the market, now what? Now that person is basically forced to go PS or Xbox. Seeing the popularity of Nintendo they always sell tons of consoles, so if Creative Kingdom were successful in the lawsuit then A LOT of people would have been extremely pissed off – myself included, even though I already have a Wii U.

        • Magnus Eriksson

          Do you think its ok if I play all my nintendo games on emulator?

          • goldmrmber

            No but it ptives your an idiot ALL NET NINTENFO HATERS HACK A NON NINTENDO SYSTEM THEN BRAG ABOUT THERE NINTENDO ROMS O. That system after saying they hate nintendo THE LOGIC PLEASE EXPLAIN WERE IT WENT

          • Merrfn

            Calm down and loosen those jeans. You seem a little tense.

          • Magnus Eriksson

            Another tough guy on the internet. All these tough guys, never meet them in the real world, but always on the internet… Wonder why? Maybe its easier to take the tough tone hid behind a screen, deep down in grandmas basement. Somehow I believe you wouldnt say these things to me if we met. Me on the other hand. I would be excactly like I am here πŸ™‚

          • Daniel Gonzalez

            Geez dude, are you having an acid trip? Relax.

          • Jack5221

            Emulators don’t bother me at all. Using an emulator on Wii / Wii U / DS / 3DS games really only deprives you of the experience. because you cant do all the motion and touch screen stuff.

          • Daniel Gonzalez

            Actually, they do have a sensor bar for PC as well now via third party and they work very well. So actually, you can have the same experiences. It all depends on how good your PC is. I’m talking about the Wii of course. The other two haven’t been emulated as of yet.

          • Clel

            Yet you’re like, USED GAMES ARE BAD!!!


          • Jack5221


          • Jack5221

            Buying a used game is different than an emulator. Emulators are free and do not have current generation games on them. Almost no one uses them either because they’re confusing to set up for the “casual” gamer person. Plus, most people that use emulators use them for really old games that they don’t make copies of anymore.

            As for used games… Im against that, especially when gamestop offers you 5$ for your used game that you paid 60$ for 3 months ago, only to sell it for 55$. They not only screw the consumer over, but they also screw the developers over by luring people in with a 5$ discount, or “Buy 2 used games, get 1 used game free!”

  • Marcus Navarro

    Holy crap. We all know of the Nintendo haters, but this is the ultimate level of hatred right here. Patent infringement on toy wands? Really? (-_-‘)

    • Baum γ€Œγƒ„γƒͺー」

      WRONG! Patent infringement on toy wands, that DON’T EVEN FUCKIN’ WORK! xDD

      • Marcus Navarro


      • Merrfn

        Thats a good description of my 3rd party Wiimotes .-.

        • Baum γ€Œγƒ„γƒͺー」

          I know that feel bro…It’s not as bad as Big Ben GC controllers, but the Nunchuks break faster than an iPhone

          • Merrfn

            2 of the 4 I bought don’t even work.

  • Starfoxguy

    Why is everyone suing Nintendo and who is creative kingdom?

    • Jack5221

      Some loser c-list company that can only make profit by suing others.

      • Revolution5268

        That very true, remember the donkey kong arcade sue?

    • Steve

      At least it isn’t like the situation Apple and Samsung are in πŸ™‚

    • Creative Kingdoms is the makers of the highly popular tourist attraction. MagiQuest. Which is the first live action game of it’s kind. They’ve been around for a long time now.

    • Truthteller

      Nintendo does swipe things too you know.

      • Mario

        Even so. Do you really think they deserve that? You do know that a lot of people work at Nintendo. Right? Do you really want them to lose their jobs? Because if that’s what you want, then you’re nothing but a big jerk who doesn’t care about anyone but himself!

  • Ony

    I heard somewhere an old lady wants to sue Nintendo ’cause she invented the wii fit balance board since 30+ years.

    • Merrfn

      ‘Yer see hear I gawt mah peece o’ wood. I lay eet on tha floor here and stan’ on it. Than I dew some exacises. Screw yew nintendo fer stealing mai idea!

      ^(Read in hillbilly accent)^
      (Thats the lady)

  • SonicLucario

    Well done Nintendo, well done

  • Johny

    wow how lame…. of course nintendo won

  • X3Charlie

    So these people were willing to bring down Nintendo probably costing thousands of jobs for their toy wands that no one is going to buy anyway.

    • Mario

      When you put it that way, that does seem pretty stupid of them to do that. They were practically trying to make everyone on Nintendo lose their jobs.

    • The only use of their toy wands is for the live action game, MagiQuest. Which is a huge tourist attraction all over the world. Though their tech is nowhere near the quality of Nintendo’s own Wii Remote.

    • Merrfn

      But, but they are toy wands! Nintendo’s software didn’t even reach the pristine quality that the toy wands did! Yet Nintendo outshines them with petty, copied hardware.

      (Yes that was sarcasm just to clarify)

  • Linskarmo

    I’d never heard of this before. I’m glad nothing came of it. I somewhat doubt that sales would cease in the US in the case of an infringement ruling. A fine sounds more likely. But it didn’t happen, so close call I guess.

    • Merrfn

      Yeah, I think it is just to make it sound more dramatic.

      Nintendo came close to not being able to sell Wii’s and Wii U’s in the U.S, which would dramatically hurt the gaming industry and Nintendo!


      Nintendo almost had to pay some money!

  • Katz

    Damn, I wish they were found guilty. This could of saved Nintendo from suicide.

    • Merrfn

      Sure bro.

  • Ernie Sanguyo

    yeah so much clear and you can see blue toad cat suit at the bottom right so clear.

  • Steve

    Creative Kingdom? Is that some Disney Land competitor?

    • Creative Kingdoms is the makers of the major world wide tourist attraction that is MagiQuest. It’s a live action game. Where players take on the roles of Magi and then quest within the world and solve mysteries and other puzzles to collect all the runes and become a master magi.

      • Steve

        Hmm! Thanks for the info.

  • Josiah Parsons

    A little late for such lawsuits?

  • starwars360

    That is relieved!!! cREATive KingdoM can be fucked off and put into pile of poo dumps. So glad Nintendo kicks them asses and won!! Look forward so many upcoming exciting Wii U titles. πŸ™‚

  • andrewjcole

    Would that mean Canada to? No matter, it’s the past.

  • Now let’s see the lawsuit from that lady in France who claims she invented the exercise moves used in Wii Fit be dropped like a bad habit.

  • Guhtere

    Lol, then why didn’t they sue in 2006?

    • Merrfn

      Because they just thought of it?

  • I hadn’t heard anything about this. I must admit the Creative Kingdom’s MagiQuest live action game is awesome. And everyone should try it at least once.

    • Merrfn

      What system is it on? I may have a go at it.

      • It’s a live action tourist attraction with various locations all over the world.

        • Merrfn

          Is there one in New Zealand? Probably not.

          • Nope. Sorry. I am just discovering now that they are only in the USA and Japan. Apparently the plans for the Europe locations fell through.

          • Merrfn

            Well that means the only way I will ever play it is if I go on a holiday. There were never even plans for the pacific.

          • I am sorry. It’s a lot of fun but rather easy for the most part. You can collect all the basic runes within 3-4 hours of play. I coulda’ sworn they were going to expand there but perhaps not. The worst part is waiting years between updates of new quest.

          • Merrfn

            Well, I really don’t care to be honest.

  • Merrfn

    Somebody should sue Microsoft for privacy infringement! LOL!

    • Mario

      As long as nobody loses their jobs, I’m okay with that.

      • Merrfn

        Spying on the world with the Kinnect πŸ˜›

  • Truthteller

    Lawsuit or not, sales of the Wii U have stopped anyway!

  • goldmrmber

    Each of these following games will out sell knack and killzone 4 conbined MANY MANY TIMES OVER

    Donky kong wiiu mario wiiu zelda wind waker and wii fit u each on there lonsome will out sell killzone 4 and knack combined multipul times


  • Richard Collard

    To Creative Kingdoms: Ha ha!

    That’s for trying to block my favorite Nintendo console and its successor!

  • DVE

    Why a catsuit though? xD Im a grown man and mario is gonna make me feel like I’m playing a guilty pleasure now xD

  • MysticDude97

    Nintendo haters will be saddened to hear the news.

  • Elitepwnsface

    I see this lawsuit as someone trying to get some money out of Nintendo. I am glade those greedy little B*st**d’s lost.

  • cs_shane

    WOW. What a sad state for our legal system. Nintendo gets away from infringing another company’s product? Don’t tell me it’s right because “it’s Nintendo”. It is not right; and if you made something and someone else stole it and made millions off it, you would be doing the EXACT SAME thing that this company tried to do.

    Nintendo’s excuse is pathetic too. Nintendo claims that they didn’t infringe on a similar patent? Wake up Nintendo! A “motion control wand” is the exact same thing as a “Wii Remote”, so yes, Nintendo did infringe.

    • AsterDW

      Aside from the fact that the ITC found the patents held by the suing party to be invalid. Which means they shouldn’t have been granted in the first place. In today’s patent system too many “inventors” spent a lot of time trying to patent problems instead of patenting the specific solutions. Did you bother to read the notice of the judge’s findings in the case before you spouted off nonsense?

      • cs_shane

        You have got to be kidding me. Yes they found the patent invalid. But, if it was originally issued, shouldn’t the patent holder have the RIGHT to defend their patents? According to you, no company should protect it’s patents, IP, copyrights, etc.

        • AsterDW

          Not at all, that isn’t what I said. The reality is that a lot of patents get issued spuriously in this country and their merit is left to the courts by the patent office instead of actually verified up front. Now yes company A may have thought the Wiimote infringed, but just because they thought so doesn’t mean it actually did. If you look at the technology behind the two devices it is easy to see they are not in fact the same thing just because you hold them in your hand. The court examined the devices and their related patents and came to the conclusion that the wiimote was not covered by Creative Kingdom’s device patents and further more their patents did not hold muster on their own merits to actually be valid.

          The wands in question do not read user input and transmit fine details to a host system like the Wiimotes do. They operate using a momentary switch attached to a ball in tube mechanism, so when a user applies centrifugal force by flicking their wrist the ball moves in the tube and activates the switch. That switch then activates an infrared LED at the tip which blinks in a set pattern unique to the wand. A sensor placed on targets reads that pattern to recognize which user is activating the signal.

          A Wiimote operates entirely differently and actually tracks position within a 3 dimensional space using accelerometers and gyroscopic sensors. It also uses an infrared camera which can track a multitude of infrared sources in order to provide detailed pointer information. All of this specific, and detailed information is transmitted to the console over a bluetooth connection.

          Basically Creative Kingdoms was comparing their device similar to a TV remote to a complex data recording input device on the sole basis that you hold each one in your hand. They certainly had the right to ask the court to look into it, but that doesn’t mean Nintendo was in the wrong like you implied.

    • JVAN63

      Motion Control can be implemented in different ways. Just look at Kinect and Move. Those are motion control, but work differently from each other and the Wiimote. It was a patent trial, with patent lawyers who reviewed both patents and found that Nintendo was not only original, but the other company had an invalid patent. This seems a lot more cut and dry than the patent wars between Samsung and Apple.