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Federal appeals court upholds Nintendo's win in 3DS patent battle
Just months after the Nintendo 3DS launched in 2011, it faced patent infringement allegations. Tomita Technologies was accusing Nintendo's new handheld of using its glasses-free 3D display technology without paying royalties. Like most patent lawsuits, it dragged on for years -- first awarding a victory to Tomita before handing the win to Nintendo in appeals. Now, a higher court has confirmed Nintendo's victory. On Friday, the Federal Circuit court ruled that the Nintendo 3DS does not infringe Tomita's patent.
Court: Nintendo's 3DS patents are not guilty of infringement
New York federal court judge Jed Rakoff announced his verdict in the appeal of Nintendo's 3DS patent case against Tomita Technologies on Sunday. The judge found that the technology in question -- specifically, that "relating to displaying stereoscopic images on-screen for viewing with the naked eye, i.e., without utilizing glasses or other devices" -- performed differently in Nintendo's system than in Tomita's and did so in a manner which was not envisioned by the plaintiff's original 2008 patent. As such he ruled in favor of Nintendo, reversing the lower court's initial decision from 2013 and confirming the results of a 2015 retrial. What's more the decision invalidates Tomita's initial award of $30.2 million in damages.
Nintendo to pay royalty to 3D patent holder for every 3DS unit sold
A U.S. federal judge has established a royalty rate Nintendo will pay to Tomita Technologies International for every Nintendo 3DS handheld console sold worldwide. The ongoing fee stems from a a 2011 lawsuit that found Nintendo liable for damages after infringing upon Tomita's glasses-free 3D technology patent. Engadget reports that Nintendo will pay Tomita 1.82 percent of the wholesale price of every 3DS and 3DS XL sold over the portable hardware's lifespan. The judgment does not apply to the recently released Nintendo 2DS hardware revision, which abandons the handheld's 3D display as a cost-cutting measure. A federal jury ruled in favor of Tomita in the company's patent infringement lawsuit earlier this year, awarding damages that were later reduced to $15.1 million.
Nintendo wins 50 percent reduction of $30M 3D infringement award
Nintendo only has to pay half of the $30.2 million a US District Court determined it owed to Seijiro Tomita for infringing on his 3D display patent. As both Bloomberg and Reuters reports, Judge Jed Rakoff gave Tomita and his company Tomita Technologies the option to accept $15.1 million in damages, or risk nothing by entering another trial. Back in March, the US District Court in Manhattan judged Nintendo guilty of infringing upon Tomita's 3D-display tech patent, filed in 2003 and granted in 2008. Tomita's attorney, Joe Diamante, claimed Nintendo used his client's technology to develop the 3DS. However, yesterday Judge Rakoff said the award was "intrinsically excessive" and "unsupported by the evidence presented at trial." The reduction in penalties is massive, but Nintendo plans on appealing the verdict, just the same. Spokesperson Charlie Scibetta told Reuters, "Nintendo respects the intellectual property rights of other companies and is confident that none of its products infringes the asserted patent. Nintendo will appeal the jury's verdict and reduced damages award to the court of appeals." As for Tomita, his attorney informed Reuters, "We are still reviewing the decision and have no comment." We doubt we've heard the last of this case yet.
Nintendo 3DS accused of infringing on two-dimensional Tomita patent
Watch out, Mario, the Lawyer Bros. are after you again. This time it's Tomita Technologies and the patent in question is number 7,417,664, "Stereoscopic Image Picking Up and Display System Based Upon Optical Axes Cross-Point Information." As you might have guessed, the case has to do with 3DS and its use of a parallax barrier 3D screen, something the Tomita's 2008 patent (applied for in 2003) certainly describes, in addition to a stereoscopic capture device, a position-tracking system, and lots of other accoutrement. The case was filed on June 22nd and there's not much for us to do now but wait to see whether this plucky plumber can jump his way into dismissal like he has again and again.
