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In a significant legal victory that has been nearly a decade and a half in the making, Nintendo has secured an $8.2 million (€7 million) payout in a long-running patent infringement lawsuit against third-party accessory manufacturer BigBen Interactive (now known as Nacon).
The ruling, delivered by the Regional Court of Mannheim in Germany, brings a tentative close to a legal dispute that began all the way back in 2010. The case centered on BigBen’s alleged infringement of European patent EP 1 854 518, which covers the technology behind Nintendo’s revolutionary Wii Remote—specifically its use of motion sensors and position tracking.
A 15-Year Saga While a German court had originally found BigBen guilty of infringing Nintendo’s patent as early as 2011, the legal battle over damages dragged on for another 14 years. Nintendo’s legal team described the process as being fraught with “delaying tactics” by the defendant, including the rejection of court-appointed experts.
These delays, however, appear to have backfired. The final payout amount includes a substantial sum in accrued interest—calculated at 5% above the base rate for every year the case remained unresolved—which added approximately €3 million to the total fine.
“100% of Sales” One of the most remarkable aspects of this ruling was the court’s calculation of damages. BigBen had argued that even if their controllers were infringing, consumers who bought them would have simply purchased other third-party controllers if BigBen’s weren’t available, rather than Nintendo’s official Wii Remotes.
The court rejected this argument entirely. In a stern judgment, it ruled that Nintendo was entitled to damages equivalent to 100% of the lost sales, operating under the assumption that every customer who bought an infringing BigBen controller would have otherwise bought an official Nintendo Wii Remote. The court noted that other third-party alternatives likely would have infringed on the same patent, and therefore could not be used as a valid hypothetical alternative to reduce damages.
What’s Next? While this is a major win for Nintendo, the battle isn’t quite over. Nacon has already announced its intention to appeal the decision. However, the ruling sends a powerful message to third-party manufacturers about the risks of infringing on Nintendo’s hardware patents, even years after a console’s prime.
