Last year, we reported on the ongoing patent dispute between Nintendo and Seijiro Tomita from Tomita Technologies USA. Tomita’s case is that Nintendo’s use of glasses-free 3D technology used a technology he had already patented, and had even presented to Nintendo before the 3DS system was released. When Nintendo declined his tech and then came forward with a 3D feature of their own, Tomita sought damages for patent infringement.
Ongoing since 2011, last year a jury awarded Tomita $30.2 million, an amount that was cut in half by Federal Judge Rakoff in August 2013. Nintendo intended to appeal that decision as well, while Tomita sought the original amount. The latest update in the case is that Rakoff has ordered Nintendo to pay Tomita 1.82% of the system wholesale price for each unit sold—which is an amount greater than the 1.36% that it would have worked out to after the halved damages awarded (but still less than the fixed amount of $4.45 per device that Tomita sought).
According to reports, the new royalty-based amount is based on a “principle of fairness”, with Tomita’s reward decreasing as the value of the product decreases in the marketplace.
Nintendo was also ordered in the same ruling by the judge to pay $241,231 in “supplemental damages and prejudgment interest.”
But of course, this isn’t over yet… so we’ll undoubtedly see more developments if the subsequent inevitable appeals are accepted.
