Overview
- The Mannheim Regional Court set damages at more than €4 million, with interest and costs bringing the total to just under €7 million (about $8.2 million).
- Nacon, formerly BigBen Interactive, has appealed the damages judgment to the Higher Regional Court of Karlsruhe.
- The court applied a full replacement-sales assumption, concluding Nintendo would have captured 100% of the infringing third-party sales.
- Nintendo’s legal team said procedural delays, including rejection of a court-appointed expert, drove up interest charged at 5 percentage points above the basic rate.
- Earlier rulings upheld infringement and the patent’s validity, with confirmations from the Mannheim court in 2011 and the Karlsruhe court in 2017 and validity challenges rejected by European and German patent authorities.