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3DS

Nintendo Found Liable in 3DS Patent Lawsuit

by Zack Kaplan - March 13, 2013, 10:31 pm EDT
Total comments: 14 Source: Reuters, http://uk.reuters.com/article/2013/03/13/us-ninten...

Jury awards inventor $30.2 million in compensatory damages. 

A United States federal jury found that Nintendo infringed on a patent on a glasses-free 3D display.

Seijiro Tomita, the patent owner of glasses-free 3D display and former longtime Sony Corp. employee, was rewarded $30.2 million by the jury. Tomita had sued Nintendo of America back in 2011.

Scott Lindvall, one of Nintendo's attorneys says that the 3DS uses no key elements of Tomita's patent. A meeting Tomita had with Nintendo in 2003 was cited in his case, though Lindvall says they met with many companies. The patent has been held in the US since 2008.

At this time, Nintendo has no comment.

Talkback

CaterkillerMatthew Osborne, Contributing WriterMarch 14, 2013

Wow! Are you sure somehow the Sony guy isn't being sued by Nintendo?

ThePermMarch 14, 2013

other stuff uses glasses free tech.  Nintendo should just have sharp sue Tomita back for using screens or controllers or quadralateral axis buttons. http://upload.wikimedia.org/wikipedia/commons/thumb/1/1d/Virtual-Boy-Set.png/200px-Virtual-Boy-Set.png

ejamerMarch 14, 2013

http://kotaku.com/5516360/appeals-court-deems-nintendo-controllers-patent-infringement+free

Different situation, obviously, but makes me wonder how meaningful the current ruling is. Being found liable by a jury seems like just the first step in some patent cases.


I'd be surprised if Nintendo doesn't appeal the current ruling - if only because the legal fees should be a small expense compared to the $30+ million payout.

NeoThunderMarch 14, 2013

I think what's significant to the case is meeting with the inventor of something and then later you've invented the same thing but yet it's totally different. Nintendo has to own up and pay dues. This was clearly not an original idea of Nintendo's

TJ SpykeMarch 14, 2013

Quote from: NeoThunder

I think what's significant to the case is meeting with the inventor of something and then later you've invented the same thing but yet it's totally different. Nintendo has to own up and pay dues. This was clearly not an original idea of Nintendo's

The idea of glasses free 3D existed long before this guy came around. Also, Nintendo never claimed to invent the tech, they licensed it from Samsung. If this guy really thinks someone infringed on his patent (which I doubt, especially as he did squat with it for YEARS and waited until after the 3DS became the hottest system in the world to sue), he should have gone after Samsung. Based on how patent lawsuits work, this will not be resolved for years. And since Nintendo didn't do anything wrong (juries are easily confused in patent cases, since you can have morons that don't even know how to work a computer serving), they will more than likely win on appeal.

Ian SaneMarch 14, 2013

Glasses-free 3D is not a patentable idea by itself.  Otherwise I could just go to the patent office, write "teleporter" on an application and sue whoever invents the first teleporter.  The patent has to cover the specific tech involved in achieving the idea.  Otherwise it's just about who thinks of a science-fiction concept first.  Nintendo would only be guilty if they achieved glasses-free 3D using the same method that the patent holder did.

ShyGuyMarch 14, 2013

Teleportation using cellular reconstruction via molecular 3D printers.

RPG_FAN128March 14, 2013

Don't forget to patent "time machine" and "idiot fixer" .... although most of us know that it's against the law of physics to create an idiot fixer. 

pokepal148Spencer Johnson, Contributing WriterMarch 14, 2013

ok pop quiz who made the 3d screen for the 3ds
Sharp
if sharp makes the screen in question then shouldn't they get something
idunno probably
do they deal with anything
no
thank you, another great day at the US patent office,
to think people say we need to reform the system blasphemy

CericMarch 14, 2013

In this case Nintendo is just Repackage and Reselling the screens

HyawattaMarch 14, 2013

"Nintendo has a long history of developing innovative products while respecting the intellectual property rights of others."
This statement is key. Nintendo must appeal and win this case in order to uphold their track record of proving that they always put in the effort to cover their butts before releasing new products. There is a reason why Nintendo always wins these cases. These kinds of situations are expected and prepared for in advance. I see no reason why things would ever go differently than they have in the past. Nintendo knows better; they know that it costs too much to lose these cases. They always invest in making sure that the proper precautions have been taking so that there can be no case that can stand against them. I am quite shocked that they lost this case. It really doesn’t make sense. I doubt that they somehow treated the 3DS any differently in this manner than they did with the Wii or any other product that they have released in the past.

Nobody seems to have reported on the exact patent in question, but I'm guessing it's this one given the talk of "cross-point information." This tech sounds very different from what Nintendo uses -- it uses polarized filters in a checkboard pattern and lenses to direct images to the two eyes and it uses ultrasonic waves to measure the distance of the viewer and physically moves the screen. Totally different from the parallax method. Nintendo will likely appeal and win on this. Tomita is apparently recovering from a stroke. I wonder who is really driving this lawsuit.

pokepal148Spencer Johnson, Contributing WriterMarch 14, 2013

is sony behind that

TJ SpykeAugust 16, 2013

http://www.gamesindustry.biz/articles/2013-08-15-nintendo-lessens-loss-in-3ds-patent-dispute?utm_source=newsletter&utm_medium=email&utm_campaign=us-daily

Update to the case. A judge ruled the amount excessive and reduced it to $15.1 million. Tomita has the option to either accept that amount or file a new suit. Nintendo plans to appeal the decision even more.

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