Nintendo ordered to pay $15 million in 3DS patent suit

By Steve Watts, Aug 15, 2013 5:30pm PDT

After losing a recent patent lawsuit regarding glasses-free 3D utilized in the 3DS, a judge has ordered Nintendo to pay $15.1 million in damages to former Sony employee Seijiro Tomita.

Nintendo still claims that none of its products infringe upon the patent and that it will continue to appeal. However, the plaintiff must decide if he will accept the amount. Originally awarded $30 million, Judge Rakoff called the amount "intrinsically excessive" and halved the award.

Reuters reports that Judge Rakoff called the amount unsupported by the evidence presented at trial." According to the ruling, the 3DS itself is not profitable, and most games don't use any technology covered by Tomita's 3D patent.

Rakoff gave Tomita until August 23 to decide if he will accept $15.1 million instead. If he refuses, he'll have to proceed with an entirely new damages trial, and risk getting nothing at all. That's good news for Nintendo, but Rakoff also denied Nintendo's requests to overturn the jury's verdict or grant a new trial.

Joe Diamante, Tomita's lawyer, said, "We are still reviewing the decision and have no comment."

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