The US Court of Appeals has upheld a previous ruling by the International Trade Commission finding that Nintendo did not infringe on patents held by Motiva by importing its Wii console.

Motiva held two patents relating to a setup for measuring user movement for the purposes of health and fitness.

Back in 2008, the company sued Nintendo claiming it infringed these patents, however Nintendo argued that Motiva had never attempted to actually use its patents to make its own rival product or license it to others who would. The ITC agreed, stating Motiva had made no effort to commercialise its patents beyond the suit against Nintendo.

Essentially, the 2012 ruling found the focus of Motiva's case was to simply win damages or a settlement and not to license its patents to create usable products. The Court of Appeals has now agreed with the ITC's findings.

Circuit Judge Sharon Prost wrote in the Court of Appeals ruling:

The evidence demonstrated that Motiva's litigation was targeted at financial gains, not at encouraging adoption of Motiva's patented technology. The inventors looked forward to financial gains through Motiva's litigation, not hopes of stimulating investment or partnerships with manufacturers.

Nintendo of America's deputy general counsel Richard Medway commented on the decision:

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. Nintendo has a passionate tradition of developing innovative products while respecting the intellectual property rights of others. We vigorously defend patent lawsuits when we firmly believe that we have not infringed another party's patent.

It appears this case isn't quite over just yet, as Motiva's legal team has expressed its intention to have it tried in district court.

Thanks to Ryan Millar for the tip