Gamevice, Inc. v. Nintendo Co., Ltd.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA
GAMEVICE, INC.,
Case No. 18-cv-01942-RS Plaintiff, 11 v. ORDER DENYING MOTION FOR RULE 11 SANCTIONS NINTENDO CO., LTD., et al., 13 Defendants.
15 I. Introduction In this patent infringement lawsuit, Plaintiff Gamevice, Inc. (“Gamevice”) avers that Defendants Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively “Nintendo”) infringed three of its patents. Nintendo brings a motion for sanctions pursuant to Federal Rule of Civil Procedure 11 after Gamevice’s filing of an Amended Complaint, arguing that Gamevice’s claims are frivolous following Gamevice’s loss in proceedings concerning the same patents before the United States International Trade Commission (“ITC”). As explained below, imposing sanctions at this stage in the litigation requires the Court prematurely to assess the merits of this case. The motion for sanctions is therefore denied without prejudice. Pursuant to…