A patent dispute in the U.S. between Tomita Technologies International Inc. and Nintendo Co. (7974) has been sent back to a lower court.
The U.S. Court of Appeals for the Federal Circuit said that a judge incorrectly interpreted a key element in a patent related to the display of 3-D images on a screen without special glasses for the viewer. The misinterpretation then confused the jury, the court said.
Kyoto-based Nintendo appealed the lower court finding that its 3DS gaming system infringed Tokyo-based Tomitas patent 7,417,664. While the appeals court said the patent element was interpreted correctly, it rejected Nintendos argument that the patent was invalid.
The appeals court sent the case back to New York for a new trial based on jury instructions that clarified the confusion over the patent element.
The case is Tomita Technologies USA LLC v. Nintendo Co. Ltd, 2014-1244, U.S. Court of Appeals for the Federal Circuit. The lower court case is 1:11-cv-04256, U.S. District Court, Southern District of New York (Manhattan).
http://www.bloomberg.com/news/2014-12-09/nintendo-google-wellogix-pot-intellectual-property.html
If you're wondering what happened before, there was this thread from last year.
Guess, Nintendo never paid the royalty rate to Tomita, and this makes sense to why New 3DS didn't try to take away the 3D.