Nintendo Demanded To Pay For Patent Infringement (3DS)

[Reece]

1.82% of the 3DS wholesale profit.

There has been an ongoing dispute between Nintendo and Seijiro Tomita of Tomita Technologies USA. The case dated back to 2011, with Tomita arguing that the use of glasses-free 3D — in particular the 3D camera option — utilised his patented technology. Tomita had presented this technology to Nintendo before the system was released and was declined, so therefore he lodged his complaint once the portable hit the market.

A jury initially awarded Tomita $30.2 million, with Federal Judge Rakoff then suggesting halving that award in August 2013; Nintendo stated that it would appeal that decision, while Tomita pursued the original award. In the latest progression to the case Judge Rakoff has now ordered Nintendo to pay Tomita 1.82% of the wholesale price (the rate that retailers pay for stock) for each unit sold — this is more than an implied equivalent of 1.36% from the halved reward in August, while Tomita was seeking a fixed amount of $4.45 per device. The decision to award a royalty was based on a principle of fairness, that Tomita's reward decreases with the value of the product; the same ruling ordered Nintendo to pay $241,231 in "supplemental damages and prejudgment interest."

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What do you think about this matter at hand?
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Thanks to Ryan Millar for the tip.

 

[TAG]

Hard to say ... there have been so many patent trolls it's hard for me to look at this objectively. To be fair, it does seem like this claim is pretty legit. I'm sure they'll be more appeals and such

 

[dilawer]

If Nintendo did steal it from this Tomita guy then it's just like any other evil company. I remember watching a movie where a motor company steals the technology of windshield wipers from a guy. This is exactly like it. I'm glad He got some justice.

 

[animalcrossindaddict]

PATENT TROLLLL

 

[Kaynil]

I'd love to learn some more about these claims. Specially what is Nintendo's counter argument.

 

[xXAwesomeDudeXx]

1.82% of the 3DS wholesale profit.

There has been an ongoing dispute between Nintendo and Seijiro Tomita of Tomita Technologies USA. The case dated back to 2011, with Tomita arguing that the use of glasses-free 3D — in particular the 3D camera option — utilised his patented technology. Tomita had presented this technology to Nintendo before the system was released and was declined, so therefore he lodged his complaint once the portable hit the market.

A jury initially awarded Tomita $30.2 million, with Federal Judge Rakoff then suggesting halving that award in August 2013; Nintendo stated that it would appeal that decision, while Tomita pursued the original award. In the latest progression to the case Judge Rakoff has now ordered Nintendo to pay Tomita 1.82% of the wholesale price (the rate that retailers pay for stock) for each unit sold — this is more than an implied equivalent of 1.36% from the halved reward in August, while Tomita was seeking a fixed amount of $4.45 per device. The decision to award a royalty was based on a principle of fairness, that Tomita's reward decreases with the value of the product; the same ruling ordered Nintendo to pay $241,231 in "supplemental damages and prejudgment interest."

​

What do you think about this matter at hand?
​

Thanks to Ryan Millar for the tip.

Yeah I read that article up online somewhere... Very interesting, I thought that some Nintendo guy brought up the idea of glasses free 3D... Glad that the Tomita guy got some miney for his invention though.

 

[dwikrid]

It is an old case; I thought it was ended with Ninty paid what they should've paid. There is Ninty's another pending patent. If you check your 3DS game card, you'll see what I mean.

 

[xXAwesomeDudeXx]

It is an old case; I thought it was ended with Ninty paid what they should've paid. There is Ninty's another pending patent. If you check your 3DS game card, you'll see what I mean.

Lol what? I can't understand what your saying, who is Ninty? Well I understand most of it but what do you mean There is Ninty's another pending patent... wha?

 

[D4rkDragon]

Lol what? I can't understand what your saying, who is Ninty? Well I understand most of it but what do you mean There is Ninty's another pending patent... wha?

Ninty = Nintendo.
Patent troll too. I think the guy is just trying to get money from Nintendo !
But, seriously, getting so much profit on each 3DS system sold...

 

[dwikrid]

Look closely at the back of your game card. There's a writing "patent pending," though I don't know what it does mean/which part is.

 

[ShinyLatios]

Look closely at the back of your game card. There's a writing "patent pending," though I don't know what it does mean/which part is.

I think what it means is that they've filed a patent but it hasn't fully gone through the process. It's mainly used as a warning for people that'd attempt to duplicate the product without the owner's position. The argument for which Nintendo has to pay for patent infringement involves a patent that was already approved as far as I'm aware.

 

[NekuNinja]

It sucks but Nintendo has to do it. Patent trolls are really annoying.