Patent infringement occurs when a company or an individual uses or sells a patented invention. The scope of a patented invention and its extent of protection depend on the claims of each granted patent. A claim tells the public what is allowed or not allowed without the patent holder’s permission. A patent infringement can only occur in the country where the patent was granted. This will prohibit anyone company or person from making, using, selling or importing the patented item within the country the patent was granted. A patent infringement issue is what the Triton Tech of Texas LLC alleged against Nintendo of America, Inc and the creation of the Wii Remote. In the case of Triton Tech of Texas and Nintendo of America, Triton sued Nintendo of America, Inc. ("Nintendo"), alleging that the Wii Remote TM used in combination with a related accessory infringes the ′181 patent. The ′181 patent is directed to an input device for a computer. It discloses that a user can communicate with a computer by moving the input device--much like using a mouse, but in three dimensions. The input device includes components for determining its position, attitude, and motion. In the preferred embodiment, these components include three accelerometers and three rotational rate sensors for measuring linear acceleration along, and rotational velocity about, three orthogonal axes. In its' defense, Nintendo of America claimed that it did not infringe on the 181 patent of Triton Tech of Texas LLC but stated that numerical integration is not an algorithm but is an entire class of different possible algorithms used to perform integration. It claimed that Triton Tech of Texas LLC has no monopoly over the use of numerical integration. The district court rendered that the claims were indefinite and was determined that the device in dispute was, "a conventional microprocessor having suitability programmed read-only memory." (Findlaw, 2013) There was also injunction that the 181 patent did not...
Cheeseman, Henry R.; Business Law: legal environment, online commerce, business ethics and international issues; 8th edition
TRITON TECH OF TEXAS LLC v. NINTENDO OF AMERICA INC (2013, June 13).
In FindLaw for legal professionals. Retrieved June 21, 2014, from http://caselaw.findlaw.com/us-federal-circuit/1669657.html
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