Ongoing Royalty Rate Set Higher for Nintendo’s Infringing Sales Than the Rate Set for Pre-Trial Infringement by Judge Rakoff

Tomita Technologies USA, LLC et al. v. Nintendo Co., Ltd et al.

Case Number: 1:11-04256-JSR (Dkt. 171)

Having previously presided over a trial where Nintendo was found to have willfully infringed U.S. Patent No. 7,417,664 (entitled “Stereoscopic image picking up and display system based upon optical axes cross-point information”), and after Tomita’s acceptance of remittitur amounting to 1.36% of the wholesale sales, the court was left with two issues: (1) whether to order royalties for future sales to be computed on a percentage basis or on a dollar basis; and (2) what numerical value should be used.

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