After being found guilty of patent infringement and being ordered to pay millions of dollars in damages, Nintendo must now also pay an ongoing royalty to the patent's owner, Tomita Technologies.
When Nintendo was initially found guilty of violating the patent, which involves stereoscopic 3D display technology, a jury awarded $30.2 million in damages to Tomita. That amount was later reportedly cut in half to about $15 million due to factors like the technology, used as part of the system's 3D cameras, not being a core part of the 3DS.
http://feeds.ign.com/~r/ign/all/~3/6tP_HQ6SUHs/nintendo-now-forfeits-a-percentage-of-3ds-sales-due-to-lawsuit
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