A former Sony employee is suing Nintendo in a US court for allegedly infringing on a patent he designed for glasses-free 3D technology.
Attorney Joe Diamante claims that his client, Japanese inventor Seijiro Tomita, demoed a prototype of his technology for seven Nintendo officials back in 2003, and that four of those present went on to help develop the 3DS.
Tomita was granted a US patent for the tech in 2008 and now holds a Japanese patent too, but says he has struggled to find a licensee partner since 3DS released.
Diamante cited a damage estimate provided by an expert suggesting Tomita is entitled to $9.80 for every 3DS unit sold, Reuters reports.
But Nintendo's attorney Scott Lindvall claims 3DS doesn't use key aspects of Tomita's patent including "cross-point" information, which helps display 3D images on different screens.
Lindvall also said Nintendo's meeting with Tomita's was just "one of hundreds" held with a number of technology vendors.
Last month Nintendo lowered its full-year 3DS sales guidance from 17.5 million units to 15 million based on the portable's weaker-than-expected performance in Europe and the US.