Rakoff Sets Royalty Rate For Nintendo 3DS Technology

Law360, Los Angeles (December 11, 2013, 7:49 PM EST) -- U.S. District Judge Jed Rakoff on Wednesday set the royalty percentage Nintendo Co. Ltd. owes Tomita Technologies International Ltd. for using Tomita's patented camera technology in its 3DS gaming system, ruling a flat amount per device would be an "unearned windfall" for Tomita as prices decline.

The New York federal judge found that it was highly likely that prices of the 3DS handheld console would fall over time as the technology behind the device becomes cheaper. The decision follows Judge Rakoff's August ruling that a jury awarding Tomita $30.2 million for the infringement had gone overboard and taken improper factors into...

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