Gamevice, Inc. v. Nintendo Co., Ltd.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

GAMEVICE, INC.,

Case No. 18-cv-01942-RS Plaintiff, 11 v. ORDER CONSTRUING CLAIMS AND REQUESTING SUPPLEMENTAL NINTENDO CO., LTD., et al., BRIEFING RE: MOTION FOR SUMMARY JUDGMENT Defendants.

15 I. INTRODUCTION Plaintiff Gamevice, Inc. (“Gamevice”), filed this patent infringement suit against Nintendo Co., Ltd., and Nintendo of America, Inc. (collectively “Nintendo”). In the operative First Amended Complaint (“FAC”), Gamevice avers Nintendo has infringed three of its patents by importing and selling the Nintendo Switch, a handheld gaming console. Pursuant to the Local Patent Rules, the parties have presented the claim terms they contend should be construed by the Court under Markman v. Westview Instruments, Inc., 52 F.3d 967 (Fed. Cir. 1995) (en banc). Nintendo also brings a motion for summary judgment, which turns on the claim constructions. 24…