| NEW YORK
NEW YORK Aug 14 A U.S. judge on Wednesday ruled
that inventor Seijiro Tomita can take half the $30.2 million in
damages awarded him after a jury found Nintendo Co
infringed one of his patents, or risk getting nothing.
The federal jury in New York awarded Tomita the damages in
March after deciding the video game company infringed a 3-D
display technology patent with its handheld 3DS videogame
Tomita's patent related to technology he developed for
providing 3-D images without the need for 3-D glasses. He sued
Nintendo and its U.S. unit in 2011 for patent infringement.
In a ruling on Wednesday, federal judge Jed Rakoff deemed
the award "'intrinsically excessive' and unsupported by the
evidence presented at trial."
By August 23, Tomita, 59, must decide whether to accept
$15.1 million in damages or proceed to a new damages trial, the
U.S. district judge ruled.
Rakoff noted that evidence at the trial showed Nintendo's
3DS console is not profitable, and the vast majority of games
designed for it do not use technology covered by Tomita's
The judge denied other requests from Nintendo, including
overturning the jury's verdict or granting a new liability
"Nintendo respects the intellectual property rights of other
companies and is confident that none of its products infringes
the asserted patent," Charlie Scibetta, a spokesman for
Nintendo, said in a statement. "Nintendo will appeal the jury's
verdict and reduced damages award to the court of appeals."
Joe Diamante, Tomita's lawyer, said that "We are still
reviewing the decision and have no comment."
The case is Tomita Technologies USA, LLC et al v. Nintendo
Co, Ltd et al, U.S. District Court, Southern District of New
(Reporting by Bernard Vaughan; editing by Andrew Hay)