Overview
- The Mannheim Regional Court’s late‑October judgment grants Nintendo over €4 million in damages plus interest and costs for a total just under €7 million.
- Interest accrued at five percentage points above the basic rate, with years of procedural delay cited by Nintendo’s lawyers as a key driver of the increased total.
- Judges applied a 100% lost‑sales assumption, finding buyers who avoided BigBen’s products would likely have purchased controllers that also infringed the patent.
- The court first found infringement in 2011, and the patent’s validity was later upheld by the EPO, Germany’s patent office, the CJEU, and the German Federal Supreme Court.
- Nacon has appealed to the Higher Regional Court of Karlsruhe, leaving the award non‑final and described by Nintendo’s counsel as provisionally enforceable upon security.