Nintendo’s popular Wii gaming console was accused of violating Section 337 of the Tariff Act for infringing on patents for a toy wand held by Creative Kingdoms LLC. The Focal Point teamed up with an experienced team of IP attorneys from Cooley LLP to defend Nintendo on the grounds that its products did not infringe the claims at issue, and that the patents themselves were invalid and did not meet the domestic industry requirement.

The Focal Point’s Role

The Focal Point worked with the Cooley team to develop a library of teaching graphics and animations on the history and science behind motion sensing technology. These graphics were integrated into prepared witness statements that were submitted ahead of trial and used in a technology tutorial for the court. The Focal Point also worked alongside the Cooley team in Washington DC to prepare an Opening Statement presentation and to develop demonstratives for use in witness cross examinations.


The ALJ ruled that Nintendo’s products did not infringe the Creative Kingdoms patents. It also found that multiple claims of the patents at issue were invalid due to lack of enablement and lack of written description, and that Creative Kingdoms had not proven the domestic industry requirement. The ruling was recently affirmed upon further review.


US International Trade Commission
Administrative Law Judge Charles E. Bullock

The Focal Points Client

CooleyStephen Neal
Thomas Friel
Matthew Brigham
Tim Teter
Stephen Smith
Laura Cunningham