Anascape, Ltd v. Microsoft Corp. et al

Filing 317

MOTION for Judgment as a Matter of Law by Nintendo of America, Inc.. (Attachments: # 1 Certificate of Service# 2 Text of Proposed Order)(Blank, James)

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS LUFKIN DIVISION ANASCAPE, LTD. Plaintiff, v. MICROSOFT CORPORATION, and NINTENDO OF AMERICA INC., Defendants. § § Hon. Ron Clark § § § Civil Action No. 9:06-CV-00158-RC § § § § §

[PROPOSED] ORDER GRANTING NINTENDO OF AMERICA INC.'S RULE 50 MOTION FOR JUDGMENT AS A MATTER OF LAW Upon consideration of motion of Nintendo of America Inc. ("Nintendo") for judgment as a matter of law, it is hereby ORDERED and ADJUDGED: (1) Nintendo's GameCube controller does not infringe the asserted claims of the `700 patent; (2) Nintendo's Wavebird wireless controller does not infringe the asserted claims of the `700 patent; (3) Nintendo's Wii Remote controller connected to the Wii Nunchuk controller does not infringe the asserted claims of the `700 patent; (4) Nintendo's Wii Classic controller connected to the Wii Remote controller does not infringe the asserted claims of the `700 patent; (5) The effective filing date of the asserted claims of the `700 patent is November 16, 2000;

NY\1410457.1

(6) Each of the asserted claims of the `700 patent is either anticipated or rendered obvious by the prior art; (7) None of the asserted claims of the `700 patent satisfies the written description requirement of 35 U.S.C. § 112; and (8) Plaintiff Anascape is not entitled to collect damages from Nintendo.

-2NY\1410457.1