Nintendo Secures $8.2 Million Victory in 15-Year Patent Dispute Over Wii Controller
After a protracted legal struggle spanning 15 years, Nintendo has emerged victorious in a major patent infringement case against Nacon, formerly known as BigBen Interactive.
The case, involving unauthorized third-party Wii controllers, underscores Nintendo's persistent efforts to protect its hardware innovations in courts across Europe. Background and Timeline The dispute dates back to Nintendo's original lawsuit filed against BigBen Interactive, alleging patent infringement related to the design and technology of the Wii controller.
BigBen, a prominent third-party peripheral manufacturer now branded as Nacon, had developed and sold products deemed by Nintendo to violate key aspects of its Wii controller patents.
The legal battle began in earnest after the court first ruled in Nintendo's favor in 2011, but the subsequent years saw multiple appeals, delays, and procedural challenges that extended the case over a decade. Landmark Judgment and Damages The most recent judgment, reached in October and first reported by The Games Fray and GamesIndustry.biz, resulted in a payout of nearly €7 million (equivalent to about $8.2 million USD) to Nintendo.
According to a press release from Nintendo’s German legal team, the damages were calculated on a 'lost profits' basis, with the court determining that Nintendo would have made 100% of the sales on the infringing BigBen products had the infringement not occurred.
Notably, BigBen argued that consumers might have opted for controllers from other third-party suppliers.
However, the court found that those alternatives were also likely to infringe on the same patents, citing case law from the German Federal Court of Justice.
As a result, hypothetical scenarios suggesting alternative purchases could not be considered in favor of the infringer. Ongoing Appeal and Impact Nacon has exercised its right to appeal, continuing the legal process.
Delays in proceedings—such as challenging court-appointed experts—led to increased damages, with the sum growing by €3 million due to interest rates set 5% higher than central bank rates.
Legal representatives for Nintendo highlighted that these postponement tactics ultimately proved costly for Nacon. A Precedent-Setting Outcome for Nintendo This decisive outcome further cements Nintendo’s commitment to defending its hardware innovations, as seen previously in other patent cases relating to the Wii and Nintendo Switch.
The Wii controller remains one of Nintendo’s most influential hardware releases, contributing to the Wii console’s global sales success and setting a standard for motion-based gaming. As the legal process continues with Nacon’s intended appeal, the substantial award marks a landmark moment in patent protection within the gaming industry, reinforcing the vital role of intellectual property for platforms like the Nintendo Switch, and cementing Nintendo's reputation for rigorous legal defense of its groundbreaking technologies.
The case, involving unauthorized third-party Wii controllers, underscores Nintendo's persistent efforts to protect its hardware innovations in courts across Europe. Background and Timeline The dispute dates back to Nintendo's original lawsuit filed against BigBen Interactive, alleging patent infringement related to the design and technology of the Wii controller.
BigBen, a prominent third-party peripheral manufacturer now branded as Nacon, had developed and sold products deemed by Nintendo to violate key aspects of its Wii controller patents.
The legal battle began in earnest after the court first ruled in Nintendo's favor in 2011, but the subsequent years saw multiple appeals, delays, and procedural challenges that extended the case over a decade. Landmark Judgment and Damages The most recent judgment, reached in October and first reported by The Games Fray and GamesIndustry.biz, resulted in a payout of nearly €7 million (equivalent to about $8.2 million USD) to Nintendo.
According to a press release from Nintendo’s German legal team, the damages were calculated on a 'lost profits' basis, with the court determining that Nintendo would have made 100% of the sales on the infringing BigBen products had the infringement not occurred.
Notably, BigBen argued that consumers might have opted for controllers from other third-party suppliers.
However, the court found that those alternatives were also likely to infringe on the same patents, citing case law from the German Federal Court of Justice.
As a result, hypothetical scenarios suggesting alternative purchases could not be considered in favor of the infringer. Ongoing Appeal and Impact Nacon has exercised its right to appeal, continuing the legal process.
Delays in proceedings—such as challenging court-appointed experts—led to increased damages, with the sum growing by €3 million due to interest rates set 5% higher than central bank rates.
Legal representatives for Nintendo highlighted that these postponement tactics ultimately proved costly for Nacon. A Precedent-Setting Outcome for Nintendo This decisive outcome further cements Nintendo’s commitment to defending its hardware innovations, as seen previously in other patent cases relating to the Wii and Nintendo Switch.
The Wii controller remains one of Nintendo’s most influential hardware releases, contributing to the Wii console’s global sales success and setting a standard for motion-based gaming. As the legal process continues with Nacon’s intended appeal, the substantial award marks a landmark moment in patent protection within the gaming industry, reinforcing the vital role of intellectual property for platforms like the Nintendo Switch, and cementing Nintendo's reputation for rigorous legal defense of its groundbreaking technologies.
