Judge Finds No Prejudice in Pause
Judge Robart agreed, finding that Malikie and Key Patent—both nonpracticing entities—would not be unfairly disadvantaged by a delay.
“The potential for prejudice resulting from a stay is of less concern than it would be if the parties were direct competitors,” Robart wrote.
Nintendo’s other motion, which sought to dismiss one of the claims targeting its parental control technology, was denied without prejudice, leaving the door open for renewal once the stay lifts.
The court ordered both sides to report back in six months on the progress of the USPTO and PTAB reviews—and within two weeks of any final decision.
The Stakes and the Silence
Representatives for both Nintendo and Malikie remained tight-lipped Monday. The dispute, though paused, is part of a broader global war over ownership of the once-vaunted BlackBerry intellectual property—a cache that’s proving almost as valuable in court as it once was in consumers’ hands.
The patents at issue include U.S. Patent Nos. 8,545,247; 8,115,731; 9,542,571; 8,610,397; 7,529,305; and 9,313,065.
Malikie and Key Patent Innovations are represented by Breskin Johnson & Townsend PLLC and Reichman Jorgensen Lehman & Feldberg LLP, while Nintendo’s defense team includes Lowe Graham Jones PLLC and Cooley LLP.
