Nintendo Wins 15-Year Wii Controller Patent Lawsuit Against Nacon in Germany

Nintendo has secured a significant legal victory in Germany, winning a 15-year-old lawsuit against third-party Wii controller maker BigBen Interactive, now known as Nacon. The Mannheim Regional Court has ordered Nacon to pay nearly €7 million ($8.2 million) in damages, interest, and legal fees.

The dispute dates back to 2010, when Nintendo discovered that BigBen Interactive GmbH, the German subsidiary of the French company, was selling Wii Remote controllers that infringed on Nintendo’s European patent EP1854518. This patent protects key features of the Wii Remote, including its ergonomic design and sensor technology, specifically, a camera for tracking the sensor bar and an acceleration sensor for motion detection.

Nintendo filed an infringement action at the Mannheim Regional Court, seeking both an injunction and damages. In July 2011, the court ruled in Nintendo’s favor, confirming infringement and banning further sales. BigBen appealed to the Karlsruhe Higher Regional Court, but the case dragged on for years. Meanwhile, BigBen also challenged the patent’s validity at the European Patent Office (EPO). In 2016, the EPO Board of Appeal rejected BigBen’s opposition, restoring the patent’s full scope after a brief limitation.

Throughout the lengthy proceedings, Nintendo continued to win support from higher courts. The Court of Justice of the European Union and the German Federal Supreme Court sided with Nintendo in 2017 and 2018 respectively, further strengthening its position. According to Games Fray, the Mannheim Regional Court has now finalized damages, awarding Nintendo more than €4 million plus interest, bringing the total close to €7 million.

Nintendo’s legal team noted that BigBen repeatedly delayed the process, including rejecting a court-appointed expert. These tactics ultimately proved costly, as interest accrued at 5 percentage points above the basic rate, significantly increasing the payment obligation. The lawyers described the ruling as “remarkable,” pointing out that damages proceedings of this kind are rare in German patent law.

Nacon has appealed the judgment to the Higher Regional Court of Karlsruhe, meaning the saga isn’t completely over. However, Nintendo could enforce the verdict immediately, provided it offers financial security in case the appeal reduces the damages amount.

This victory comes as Nintendo continues to navigate a broader landscape of patent disputes. Just last month, the U.S. Patent Office announced it was reexamining a Nintendo patent covering a gameplay mechanic where characters summon allies in battle. While the decision doesn’t revoke the patent outright, it raises questions about its validity.

Nintendo also recently settled two cases involving former BlackBerry patents, avoiding trials that were scheduled earlier this month.