Wands and the Wii

The makers of the interactive game "MagiQuest," Creative Kingdoms LLC, have filed an International Trade Commission (ITC) complaint against Nintendo alleging that the importation of the Wii infringes its patents relating to motion-activated handheld devices.

MagiQuest is a live-action adventure game, often installed at tourist destinations, where players use a wireless infra-red wand to interact with scattered physical objects. In its complaint, Creative Kingdoms claims that its patents covering these wands also cover the Wii motion controller.

The complaint states: "The distinguishing feature of both MagiQuest and the Wii system is a motion-activated, portable wireless handheld device that facilities a physically interactive play experience for participants... Nintendo infringes U.S. Patent Numbers 7,500,917; 7,761,637; 7,850,527; and 7,896,742 through importation of its Wii system and remote control."

The goal of a complaint at the ITC is to block the importation of the infringing product (the Wii, in this case) into the U.S. This tactic, if successful, can be especially effective leverage against game console makers, since all current-generation consoles are imported from Asia. Creative Kingdoms has also filed a parallel patent infringement suit in the District Court for the District of Oregon seeking to recover damages caused by the same alleged infringement.

The Wii has previously been subject to another ITC complaint, filed by Motiva LLC. Motiva claimed the Wii infringed its patents for a fitness-based video game, but the ITC tossed that complaint last month, ruling that Motiva failed to show that a domestic industry existed for Motiva's game.