On May 13, 2013, the Federal Circuit affirmed a January 2012 Commission determination that Motiva LLC failed to prove a domestic industry existed or was being established for its patents-in-suit at the time Nintendo Co. Ltd. was importing its popular Wii system into the United States. A three-judge panel rejected Motiva's argument that its litigation against Nintendo satisfied the economic prong of the domestic industry requirement as “a necessary step to preserve and hasten [its] licensing opportunities, which would otherwise remain completely curtailed by Wii’s infringing presence on the market.” Agreeing with the Commission, the panel concluded that Motiva’s litigation was not aimed at developing a licensing program to exploit its patents, but rather at obtaining “financial gains” through either monetary damages or settlement. The panel pointed to substantial evidence in support of this conclusion, including Motiva’s decision not to seek preliminary injunctive relief from the district court, Motiva’s delay in seeking relief from the Commission for more than three years after the launch of Wii, and the absence of a launch-ready product by Motiva incorporating its patented technology, or interest in one by any partners before or after the launch of Wii. In short, the panel stated, “[t]here is simply no reasonable likelihood that, after successful litigation against Nintendo, Motiva’s patented technology would have been licensed by partners who would have incorporated it into ‘goods practicing the patents.’”