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

I. INTRODUCTION

16 This is a patent infringement action brought by Gamevice, Inc. (“Gamevice”) against 17 Nintendo of America, Inc. and Nintendo Co., Ltd. (“Nintendo”). The alleged infringing product is 18 the Nintendo Switch (“Switch”). Parties now bring cross-motions for summary judgment. In its 19 motion for summary judgment, Gamevice avers that Nintendo infringes on claims 3, 4, 7, and 16 20 of U.S. Patent No. 9,808,713 (“the ‘713 patent”) and claim 6 of U.S. Patent No. 10, 391,393 (“the 21 ‘393 patent”) (together, the “asserted patents”). Conversely, Nintendo moves for summary 22 judgment on the theory that the Switch does not infringe any of Gamevice’s patents, seeking a 23 judgment of noninfringement as a matter of law. For the reasons discussed below, Gamevice’s 24 motion is denied and Nintendo’s motion is granted.

II. BACKGROUND

26 Previously, Nintendo filed a motion for summary judgment against Gamevice, which was 27 granted in part and denied in part. Specifically, the prior order concluded that all asserted claims except for claim 16 of the ‘713 patent were invalid as anticipated by the Switch. Gamevice then filed a motion for reconsideration as to the…