Capabilities

Patent litigation

Nintendo and Nintendo of America
2017

Our attorneys achieved a major victory for Nintendo of America Inc. and its parent company, Nintendo Co., Ltd. in its five-year patent battle with Tomita Technologies International Inc. and Tomita Technologies USA, Inc. On April 24, 2016, Judge Jed Rakoff of the Southern District of New York ruled that the Nintendo 3DS handheld gaming device does not infringe Tomita Technologies' '664 patent involving 3D display technology, vindicating Nintendo's position from the very outset of the case that was filed in 2011. 

In 2011, Tomita Technologies sued Nintendo alleging infringement of the '664 patent by the Nintendo 3DS. After a three-week trial in February and March of 2013, a jury awarded Tomita $30.2 million in damages. Post-trial, Judge Rakoff reduced the damages award, halving it to $16.1 million, and set an ongoing royalty rate of for each 3DS unit sold in the future. Our attorneys subsequently filed an appeal to the Federal Circuit for Nintendo. In December 2014, the Federal Circuit reversed Judge Rakoff's construction of a key means-plus-function claim term in Nintendo's favor and remanded the case.

In August 2015, Judge Rakoff held a second trial, this time a week-long bench trial, on the issue of infringement of the '664 patent. He issued extensive Findings of Fact and Conclusions of Law in which he ruled that the Nintendo 3DS does not infringe the '664 patent, eliminating all damages claimed by Tomita. The Federal Circuit affirmed the ruling for Nintendo in March 2017.

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