On July 15, 2009, Fenner Investments filed a notice of appeal in the U.S. District Court for the Eastern District of Texas. Fenner is appealing the final order granting summary judgment of noninfringement to Microsoft and Nintendo made in March 2009 and an August 2008 opinion interpreting the patent claim language at issue in the case.
Jerry A. Riedinger, an attorney for Nintendo, seems unworried about the appeal. “We believe that Judge Davis rendered a very good decision and we're confident that the Federal Circuit will recognize the quality of his decision.”
Read Fenner’s Notice of Appeal here.