Case: 22-1120 Document: 5 Page: 1 Filed: 11/10/2021
`
`2022-1120
`
`United States Court of Appeals for the Federal Circuit
`
`GAMEVICE, INC., a Wikipad, Inc.,
`Appellant
`
`v.
`
`INTERNATIONAL TRADE COMMISSION,
`Appellee
`
`Appeal from the United States International
`Trade Commission in Investigation No. 337-TA-1197
`
`UNOPPOSED MOTION OF NINTENDO CO., LTD. AND
`NINTENDO OF AMERICA INC. TO INTERVENE
`
`Grant Kinsel
`PERKINS COIE LLP
`1201 Third Ave., Suite 4900
`Seale, WA 98101-3099
`Telephone: 206.359.3516
`GKinsel@perkinscoie.com
`
`Dan L. Bagatell
`PERKINS COIE LLP
`3 Weatherby Road
`Hanover, NH 03755-1923
`Telephone: 602.351.8250
`DBagatell@perkinscoie.com
`
`James B. Coughlan
`PERKINS COIE LLP
`700 13th Street N.W., Suite 800
`Washington, DC 20005-3960
`Telephone: 202.434.1670
`JCoughlan@perkinscoie.com
`
`Aorneys for Intervenors Nintendo Co., Ltd. and Nintendo of America Inc.
`
`

`

`Case: 22-1120 Document: 5 Page: 2 Filed: 11/10/2021
`
`Pursuant to Federal Rule of Appellate Procedure 15(d),
`
`Nintendo Co., Ltd. and Nintendo of America Inc. (collectively
`
`“Nintendo”) move to intervene in this appeal by appellant
`
`Gamevice, Inc. of adverse determinations by the United States
`
`International Trade Commission in Investigation No. 337-TA-
`
`1197, entitled Certain Portable Gaming Console Systems with At-
`
`tached Handheld Controllers and Components Thereof II.
`
`Intervention is appropriate because Nintendo was the re-
`
`spondent in the investigation, and the Commission issued a final
`
`determination affirming that Nintendo’s accused products do
`
`not infringe Gamevice’s asserted claims, that certain of the as-
`
`serted claims are invalid, and that Nintendo accordingly has not
`
`violated Section 337 of the Tariff Act of 1930. Gamevice has ap-
`
`pealed the Commission’s final determination, and Nintendo de-
`
`sires to explain why Gamevice’s appeal has no merit. This Court
`
`has held that where, as here, a complainant appeals from the
`
`Commission’s determination that respondents did not violate
`
`Section 337, the respondents are entitled to participate in the ap-
`
`peal as intervenors. Surface Tech., Inc. v. USITC, 780 F.2d 29, 30
`
`(Fed. Cir. 1985).
`
`–1–
`
`

`

`Case: 22-1120 Document: 5 Page: 3 Filed: 11/10/2021
`
`Intervention is particularly appropriate here because the
`
`Commission’s determination necessarily implicates Nintendo’s
`
`interests, which may not be adequately represented by the Com-
`
`mission. The Commission has no affiliation with, or interest in,
`
`defending Nintendo.
`
`The Commission and Gamevice do not oppose this motion
`
`to intervene, and no opposition will be filed.
`
`Dated: November 10, 2021
`
`PERKINS COIE LLP
`
`By: /s/Grant E. Kinsel
`Grant E. Kinsel
`
`Attorneys for NINTENDO OF
`AMERICA INC., AND
`NINTENDO CO., LTD.
`
`–2–
`
`

`

`Case: 22-1120 Document: 5 Page: 4 Filed: 11/10/2021
`
`FORM 9. Certificate of Interest
`
`Form 9 (p. 1)
`July 2020
`
`UNITED STATES COURT OF APPEALS
`FOR THE FEDERAL CIRCUIT
`
`CERTIFICATE OF INTEREST
`
`Case Number
`Short Case Caption
`Filing Party/Entity
`
`Instructions: Complete each section of the form. In answering items 2 and 3, be
`specific as to which represented entities the answers apply; lack of specificity may
`result in non-compliance. Please enter only one item per box; attach
`additional pages as needed and check the relevant box. Counsel must
`immediately file an amended Certificate of Interest if information changes. Fed.
`Cir. R. 47.4(b).
`
`I certify the following information and any attached sheets are accurate and
`complete to the best of my knowledge.
`
`Date: _________________
`
`Signature:
`
`Name:
`
`I certify that I have the authority of my law partner Grant E. Kinsel to file this
`document with his electronic signature.
`
`Date: 11/10/2021
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/Dan L. Bagatell
` Dan L. Bagatell
`
`2022-1120
`
`Gamevice, Inc. v. ITC
`
`Nintendo Co., Ltd.; Nintendo of America Inc.
`
`Grant E. Kinsel
`
`/s/Grant E. Kinsel
`
`11/10/2021
`
`

`

`Case: 22-1120 Document: 5 Page: 5 Filed: 11/10/2021
`
`FORM 9. Certificate of Interest
`
`1. Represented
`Entities.
`Fed. Cir. R. 47.4(a)(1).
`Provide the full names of
`all entities represented
`by undersigned counsel in
`this case.
`
`Form 9 (p. 2)
`July 2020
`
`2. Real Party in
`Interest.
`Fed. Cir. R. 47.4(a)(2).
`Provide the full names of
`all real parties in interest
`for the entities. Do not
`list the real parties if
`they are the same as the
`entities.
`
`3. Parent Corporations
`and Stockholders.
`Fed. Cir. R. 47.4(a)(3).
`Provide the full names of
`all parent corporations
`for the entities and all
`publicly held companies
`that own 10% or more
`stock in the entities.
`
`☐ None/Not Applicable ☐ None/Not Applicable
`
`Additional pages attached
`
`4
`
`Nintendo Co., Ltd.
`
`None
`
`Nintendo of America Inc.
`
`Nintendo Co., Ltd.
`
`

`

`Case: 22-1120 Document: 5 Page: 6 Filed: 11/10/2021
`
`FORM 9. Certificate of Interest
`
`Form 9 (p. 3)
`July 2020
`
`4. Legal Representatives. List all law firms, partners, and associates that (a)
`appeared for the entities in the originating court or agency or (b) are expected to
`appear in this court for the entities. Do not include those who have already
`entered an appearance in this court. Fed. Cir. R. 47.4(a)(4).
`None/Not Applicable
`Additional pages attached
`
`5. Related Cases. Provide the case titles and numbers of any case known to be
`pending in this court or any other court or agency that will directly affect or be
`directly affected by this court’s decision in the pending appeal. Do not include the
`originating case number(s) for this case. Fed. Cir. R. 47.4(a)(5). See also Fed. Cir.
`R. 47.5(b).
`None/Not Applicable
`
`Additional pages attached
`
`6. Organizational Victims and Bankruptcy Cases. Provide any information
`required under Fed. R. App. P. 26.1(b) (organizational victims in criminal cases)
`and 26.1(c) (bankruptcy case debtors and trustees). Fed. Cir. R. 47.4(a)(6).
`None/Not Applicable
`Additional pages attached
`
`Kevin Patariu
`
`Ryan Hawkins
`
`David Pekarek Krohn
`
`R. Tyler Kendrick
`
`Gamevice, Inc. v. Nintendo Co.,
`No. 3:18-cv-01942-RS (N.D. Cal.)
`
`4
`
`

`

`Case: 22-1120 Document: 5 Page: 7 Filed: 11/10/2021
`
`CERTIFICATE OF COMPLIANCE WITH WORD COUNT
`
`LIMITATION
`
`I certify that this motion contains 221 words and therefore
`
`complies with Fed. R. App. P. 27(d)(2)(a).
`
`Dated: November 10, 2021
`
`/s/Dan L. Bagatell
` Dan L. Bagatell
`
`CERTIFICATE OF AUTHORITY
`
`I certify that I have the authority of my law partner Grant
`
`Kinsel to file this document with his electronic signature.
`
`I declare under penalty of perjury under the laws of the
`
`United States that the foregoing is true and correct.
`
`Dated: November 10, 2021
`
`/s/Dan L. Bagatell
` Dan L. Bagatell
`
`

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