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IN RE NINTENDO OF AMERICA, INC.

No. 2014-132.

756 F.3d 1363 (2014)

In re NINTENDO OF AMERICA, INC., Micro Electronics, Inc., Hastings Entertainment, Inc., Gamestop Corp., Best Buy Stores, L.P., Bestbuy.com, LLC, Kmart Corporation, Target Corporation, and Toys `R' Us — Delaware, Inc.

United States Court of Appeals, Federal Circuit.

June 25, 2014.

Attorney(s) appearing for the Case

Stephen R. Smith , Cooley LLP, of Reston, Virginia, for petitioner Nintendo of America Inc. With him on the petition were Lori R. Mason , of Palo Alto, California, for petitioner Nintendo of America Inc.; and Jay F. Utley , Baker & McKenzie LLP, of Dallas, Texas for all other petitioners including Nintendo of America Inc.

James E. Davis , Ferguson, Braswell & Fraser, P.C., of Plano, Texas, for respondent Axcess, LLC. With him on the response were Casey L. Griffith and Kelly J. Kubasta , Klemchuk & Kubasta, LLP, of Dallas, Texas.

Robert S. Schwartz , Constantine Cannon LLP, of Washington, DC, for amicus curiae. With him on the brief was Rosa M. Morales.

Before NEWMAN, RADER, and HUGHES, Circuit Judges.

ORDER

NEWMAN, Circuit Judge.

Nintendo of America, Inc. distributes its DS video game systems to stores and online dealers, which retail the gaming system either as a stand-alone product or bundled with video games and other accessories. Secure Axcess LLC brought this suit in the United States District Court for the Eastern District of Texas, charging Nintendo and eleven retailer defendants (the "Retailers") with patent infringement. The district court denied...

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