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Nintendo will pay an ongoing royalty of 1.82 percent on the wholesale price of every 3DS after losing a patent infringement suit in March of last year. In mid-December, New York district judge Jed Rakoff officially set the amount the company must send to Tomita Technologies, which was found to have invented parts of the glasses-free 3D technology that the handheld console relies on — though Nintendo argued that the patent was merely ancillary to its design, a jury disagreed, and an attempt to get the patent ruled invalid failed. The decision, however, is hardly an unalloyed victory for Tomita. Since winning the case, its seen the original $30.2 million damage award slashed in half, and while Nintendo asked to pay only 1.36 percent in royalties, Tomita didnt want a percentage figure at all: it pushed for a flat fee of $4.45 per unit, well over 2 percent of the wholesale price.