A lawsuit filed against Nintendo in 2011 is finally being put into effect, and Nintendo will have to pay a pretty penny.
Back in 2011, a lawsuit was filed against Nintendo by Tomita Technologies claiming that the 3DS console infringed on their patent for “technology relating to displaying stereoscopic images on-screen for viewing with the naked eye, i.e., without utilizing glasses or other devices,” which was filed in 2008. The lawsuit has gone in Tomita‘s favor, and now Nintendo will have to indefinitely pay a royalty rate of 1.82% of each 3DS and 3DS XL sold. The patent seems to specifically focus on the 3DS’ two rear-facing cameras, which are used to take 3D photos.
Unfortunately, this is not the first time that it has been claimed that Nintendo has infringed upon other technologies. Some examples that have been claimed to be infringing upon others’ technology include the Wii Fit, GameCube and Classic Controllers, control ports and motion controls, including a previous legal loss over the 3D technology.
As long as Nintendo continues to sell 3DS and 3DS XL consoles, they may have to pay up to $3 per unit to Tomita. Nintendo has sold over 35 million Nintendo 3DS units since the handheld’s launch, so the fees could add up fairly quickly.