Nintendo has brought a close to one of the longest legal disputes in video game hardware history after finally securing a damages ruling in a patent infringement case tied to the Wii controller.
The lawsuit, which began in 2010, targeted BigBen Interactive (now known as Nacon) over third-party Wii Remote-style controllers that Nintendo argued unlawfully used patented motion-control technology and design elements.
While a German court had already determined back in 2011 that BigBen’s controllers infringed Nintendo’s European patent, the case dragged on for more than a decade as the two sides argued over financial liability.
Why Did the Case Take So Long to Resolve?
The case dragged on largely because of disagreements over damages, with Nintendo insisting that BigBen’s products replaced sales of its own controllers and caused measurable revenue losses.
BigBen countered by claiming that buyers could have simply chosen other third-party alternatives, meaning Nintendo could not reasonably claim those lost sales.
However, the court ultimately rejected that defense, concluding that Nintendo’s patent protections were broad enough that most competing third-party Wii controllers would have likely infringed the same patent anyway.
How Did the Court Calculate Nintendo’s Damages?
In October 2025, the Mannheim Regional Court ruled in Nintendo’s favor, awarding nearly €7 million (approximately $8.2 million) in damages, interest, and legal costs.
Notably, the court accepted Nintendo’s “lost profits” calculation, assuming the company would have captured 100% of BigBen’s sales had the infringing controllers not existed.
This approach is relatively uncommon in German patent law and made the ruling particularly significant.
The total payout was also heavily influenced by interest, which accumulated over years of procedural delays and accounted for a substantial portion of the final amount owed.
Nintendo’s legal team emphasized that BigBen’s repeated efforts to stall the proceedings (including rejecting court-appointed experts) ultimately proved costly.
Interest was applied at a rate higher than standard benchmarks, dramatically increasing the final judgment.
While the ruling concludes first-instance proceedings, Nacon has since filed an appeal, meaning the dispute could continue further despite Nintendo’s current victory.
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