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Nintendo liable for patent infringement

By Reuters
New York, 14 Mar 2013

A federal jury in New York on Wednesday found that video game company Nintendo infringed an inventor's 3D display technology patent with its handheld 3DS video game system.

The jury awarded the inventor, Seijiro Tomita, $30.2 million in compensatory damages.

The patent relates to technology that Tomita developed for providing 3D images without the need for 3D glasses.

In opening arguments last month, Tomita's attorney, Joe Diamante, told the jury in US District Court in Manhattan that Nintendo used technology that Tomita developed for its 3DS. Tomita is a former long-time Sony employee.

But Scott Lindvall, a defence attorney for the Super Mario Bros franchise creator, argued that the 3DS doesn't use key aspects of Tomita's patent.

Lindvall also said a 2003 meeting with Nintendo officials that Tomita cited in his argument was merely one of several the company held with vendors selling 3D display technology.

Tomita, 58, sued Nintendo and its US unit in 2011 for patent infringement. Tomita was not present in the courtroom on Wednesday.

"We are thankful to the jurors for their diligence and hard work," Diamante said in an e-mail after the verdict. "It has been an honour to represent Mr Tomita and to protect his invention."

Lindvall declined to comment following the verdict. Nintendo officials were not immediately available for comment.

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