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Not only is Nintendo dealing with less-than-stellar Wii U sales, but now the company is being sued over 3D technology used in its 3DS handheld console.

Reuters is reporting that inventor and former Sony employee Seijiro Tomita is suing Nintendo over 3-D images he claimed to develop. Tomita says that Nintendo used his patent without permission and is seeking $9.80 for every 3DS sold – the console currently sells for $169.

Nintendo claims that it isn’t using key aspects of Tomita’s patent, which removes the need for 3D glasses to view 3D animations on the 3DS.

Previously on GeekWire: Nintendo wants domain, files cybersquatting complaint

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