Nintendo continues to fight infringement allegations

Nintendo has vowed to continue to fight against the infringement allegations made by engineer Seijiro Tomita over the 3D capabilities of the Nintendo 3DS. Tomita, a former Sony engineer, was awarded $15.1 million, following a lawsuit that started in 2011.

The technology that allows gamers to view stereoscopic images without the use of special glasses is one of the defining features of the Nintendo 3DS. Tomita was originally awarded $30.2 million. After reconsidering the evidence at hand, American judge Jed Rakoff denounced the total as ‘intrinsically excessive’.

The judge stated that the console itself was not profitable, and that the majority of games on the console did not use Tomita’s patented tech. Rakoff did, however, deny Nintendo’s appeal to have the decision of the jury overturned, and for an entirely new trial to reconsider the outcome further.

Nintendo Spokesperson Charlie Scibetta stated that “Nintendo respects the intellectual property rights of other companies and is confident that none of its products infringes the asserted patent.”

Following the judge’s decision, Tomita must decide whether to push for further damages over the apparently unprofitable console, which has had over 30 million units shipped worldwide as of June 2013.

Nintendo has stated that it will be taking the case to the court of appeals.


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