Creative Integrated Systems v. Nintendo of America, No. 12-1579 (Fed. Cir. June 3, 2013)

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Creative Integrated Systems, Inc. (“Creative”) owns U.S. Patent No. 5,241,497 (the ’497 patent) , which covers certain improvements to r ead only memory ( “ROM”). Creative sued Nintendo of America, Inc., Nintendo Co., Ltd., Macronix America, Inc., and Macronix International Co., Ltd. (collectively, “Nintendo”) for infringement, alleging that ROM chips used in Nintendo gaming sy s- tems infringed claims 5-7 and claim 12 of the ’ 497 patent. After a Markman hearing, the parties agreed to a stip u- lated judgment of non- infringement.