Jacobs v. Nintendo of America Inc.

Case Number: CLB0075

Date: 05.28.2004

Citation: 71 U.S.P.Q.2d 1055 (Fed. Cir. 2004)

Settlement agreement between infringement plaintiff and manufacturer of accelerometer used in accused video game controllers, which specifically authorizes manufacturer to sell accelerometers for infringing uses, protects defendant against suit, since right given manufacturer would be rendered meaningless if plaintiff could sue manufacturer’s customers for putting accelerometers into infringing controllers.

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