On March 17, a United States Appeals Court confirmed that the Nintendo 3DS system does not use technology covered in a patent asserted by Tomita Technologies USA, Inc. and Tomita Technologies International, Inc. The Court specifically confirmed that Nintendo 3DS includes technology that is significantly different from the patented technology.
This decision follows an earlier ruling in April 2016 by Judge Jed Rakoff in New York Federal Court that Nintendo does not infringe the patent, and vindicates Nintendo’s consistent position in this case over the last six years. This decision is the second in Nintendo’s favor by the Appeals Court, which first reversed a 2013 judgment against Nintendo. The decision in Nintendo’s favor also follows a failed attempt by Tomita to enforce a similar patent claim in Japan.
“We are very pleased with the Court’s decision,” said Ajay Singh, Nintendo of America’s Director of Litigation and Compliance. “Nintendo 3DS has never used the technology in Tomita’s patent, and the Court’s ruling confirms Nintendo’s long tradition of using its own innovative technology. This case also proves once again that Nintendo will aggressively defend patent lawsuits when our products do not infringe, even when we must do so over many years, through multiple trials and in multiple countries.”