UltimatePointer v. Nintendo

Issue:  Intellectual Property
Court: U.S. Court of Appeals for the Federal Circuit

RLC's Position:
The RLC submitted a brief asking the Federal Circuit to close the joinder loophole in patent litigation that allows non-practicing entities (NPEs) to join retailers as defendants in alleged patent infringement cases.  Abusive patent litigation is a growing problem for the retail industry. 

Case Outcome:
The U.S. Court of Appeals for the Federal Circuit granted Nintendo’s petition for writ of mandamus to sever the claims brought by a non-practicing entity that joins retailers in a patent infringement case. In relevant part, the Federal Circuit found that retailers would not offer much evidence regarding the case and that “the manufacturer is the ‘true defendant.’” The court vacated the trial court’s decision and remanded the case. On remand, the Eastern District Court of Texas granted the motion to sever and transfer the claims against Nintendo and to stay the claims against the retailer defendants.

Procedural History and Case Documents:
Amicus brief filed May 2013. Case decided September 2013. UltimatePointer filed petition for rehearing October 2013. Petition denied November 2013. Motion to sever and transfer granted June 2014.

RLC Amicus Brief in Nintendo, et al. v. UltimatePointer
U.S. Court of Appeals for the Federal Circuit Decision
UltimatePointer's Petition for Rehearing En Banc
Denial of Petition for Rehearing En Banc
Eastern District of Texas District Court's Order Granting Motion to Stay and Transfer





Retail Litigation Center