U.S. District Court, Southern District of New York
Case No. 11-cv-04256, Filed June 22, 2011
Tomita alleges that Nintendo's 3DS system, which launched in the U.S. in March, infringes on the ‘664 patent. The 3DS system allows for gameplay featuring real 3-D graphics, with no need for special glasses. According to the Sony website, as cited in the complaint, 3DS achieves this by using two outer cameras to see the world in 3-D, mimicking the human eye. Tomita alleges that Nintendo is willfully infringing on its ‘664 patent in order to make 3DS possible. The complaint does not detail how 3DS, a hand-held gaming system, infringes the patent.
According to the complaint, Tomita applied for the patent in 2003 and the U.S. Patent and Trademark Office issued it in August 2008. This is not the first time Nintendo's DS series of hand-held systems has attracted attention from other patent litigants. Law360 reports that, in late May, Japan-based Milestone Co. sued the company over the camera lens system its DSi system. And, in February, a Texas patent-holding company accused Nintendo of infringing a patent on motion-sensitive video game controllers.