As we told you a few weeks ago, despite the batters received by court decisions, Gamevice remains in his decision to get a case against Nintendo and its Switch console. Now the company's goal is to get an investigation by the US International Finance Commission accepted for processing. (ITC for its English acronym).
In March you know that Nintendo had won the patent scheme that Gamevice had initiated in relation to the Nintendo Switch Joy-Con. The lawsuit had been filed in 2017, but it was dismissed both by the patent court and at the subsequent appeals hearing, completely dismissing the arguments of Gamevice, which is now facing the possible invalidation of the patented patents.
To avoid that, Gamevice filed a new lawsuit against Nintendo in April, insisting on the same arguments and patents, and Now open this second front against the Japanese company.
The ITC has admitted an oral hearing for processing presentation of evidence, a standard process that is fundamentally an obligation to allow the validity of the potential demand to be argued before the body. Gamevice has requested ITC to suspend the sale of the Nintendo Switch console in the US.
Gamevice received a hard blow just a few weeks ago
Beyond this process at ITC, it is worth remembering that the setback received by Gamevice was considerable. In the recient judicial resolution the justice gave the reason to Nintendo discarding the 19 patents that Gamevice fencing against the Nintendo Switch console. "Gamevice has not contested Nintendo's demonstration that these dependent lawsuits are not patentable, nor has Gamevice offered any arguments or evidence supporting patentability," explain the Patent Evidence and Appeal Board, who reject nearly twenty lawsuits that accessory manufacturers filed in 2018 against the Japanese company.
Despite the resounding defeat, Gamevice is determined to continue litigating against Nintendo and then filed a new lawsuit in which he claims to stop the sale of the console in the US, to which is now added this second legal initiative.
The Gamevice's strategy may respond to the desire for the validity of its patents Despite the decision already established and continue to press Nintendo with the aim of reaching some kind of out-of-court settlement, although this is not a strategy of Nintendo's lawyers, who usually take all patent cases to trial and win them.
