Nintendo secures an $8 million victory in a 15-year-old lawsuit concerning a Wii controller patent
A legal victory for Nintendo has concluded a lengthy 15-year case against a seller of third-party Wii controllers, resulting in a financial gain of $8.2 million (€7 million) in damages and associated fees.
Reported by The Games Fray, Nintendo's attorneys in Germany have announced the recent court decision. The judgment mandates that BigBen Interactive, which has rebranded as Nacon, compensate Nintendo for violating a European patent concerning their Wii controller.
Though Nacon plans to challenge the verdict, Nintendo's legal representatives highlighted the ruling's significance. In Germany, it's less common for courts to determine damages; however, this decision assumes that BigBen's unauthorized products fully displaced potential sales for Nintendo.
Back in 2011, it was already adjudicated that BigBen had encroached upon Nintendo's patent. BigBen countered by suggesting that customers would still have chosen alternative third-party options. Nonetheless, the tribunal concluded that these alternatives likely breached the same patent.
"The ruling concludes an initial phase that spanned over seven years, highlighting the complexities of pursuing damage claims within German patent law," stated the lawyers. "BigBen had postponed proceedings multiple times, notably by challenging the court's appointed expert."
Such stalling tactics have now become expensive; the interest rate on the claim, set at 5 percentage points above the base rate, has compounded BigBen's financial burden, forming a significant portion of the nearly EUR 7 million claim.
Nacon intends to contest the decision through an appeal.
Recently, the leader of the US Patent Office revealed an uncommon move to reevaluate a Nintendo patent, with potential ramifications for U.S. Patent No. 12,403,397. This patent safeguards a gameplay feature where a character summons allies during battle. This doesn't signal an immediate revocation, but it indicates that USPTO director John A. Squires harbors reservations, potentially leading to future annulment.