Nintendo is no stranger to lawsuits. Every year, there’s news of at least one case of someone suing it over something or other (or vice versa on occasion). Most of the time, the company comes out on top in these legal disputes, but that isn’t stopping peripheral developer Gamevice from going up against it anyway.
The dispute between the two centers around the Nintendo Switch, and has been going on for nearly the entirety of its lifespan. Gamevice first sued Nintendo back in 2017, claiming that the design of the company’s then newly-launched console infringed on its patent for a tablet called the Wikipad, which also featured detachable controllers like the Switch’s Joy-Cons. Claiming that Nintendo had caused it “irreparable injury,” it not only sought damages but a full-on ban of Switch sales in the US.
So far, though, the company hasn’t had much luck in this fight, as its original lawsuit was dismissed just a few months after it was filed, and the followup investigation it requested recently ended with the US Patent Trial and Appeal Board siding with Nintendo, ruling that the Switch’s hardware is different enough from the Wikipad’s to avoid infringement.
Despite this, Gamevice is not giving up on its accusations, as it’s been discovered that it filed a new complaint with the US International Trade Commission on March 27. This time, the company is requesting the government investigate Nintendo for possible violation of section 337 of the US Tariff Act of 1930. This basically allows the government to prevent imports of a product when it is deemed to infringe on an existing US patent, so this could conceivably lead to a ban on Switch imports if things go Gamevice’s way.
Of course, it will probably take some time before any decision is made in the investigation (if the USITC even decides to launch one), and it’s not like Nintendo hasn’t lost similar lawsuits in the past. But given how thoroughly Gamevice’s previous claims have been shot down, it’s hard to see how things will be any different. Odds are, most gamers are probably hoping that they won’t be.