Although Nintendo’s Wii U console sales continue to frustrate, its handheld gaming business offers hope of a better future. But even as its 3DS and 3DS XL consoles continue to outsell their rivals, Nintendo will have to come to terms with sharing a percentage of each sale with another company.
Recently, the company was told by U.S. District Judge Jed Rakoff that it must pay 1.82 percent of the wholesale price of each 3DS sold after it was found guilty of infringing on patented camera technology owned by Tomita Technologies. It means that Nintendo could pay up to $3 for each unit, for as long as it continues to sell the console. Given it sold 2 million 3DS and 3DS XLs last quarter, putting the current lifetime total at 35 million, demand for the handhelds is still strong. Nintendo’s already paid a $15 million damages award (down from $30.2 million in March 2013), but faces the prospect of sending Tomita smaller payments well into the future.
