According to a report on Law 360 Nintendo must pay a percentage of its 3DS sales to Tomita Technologies. The company was ordered by U.S. District Court Judge Jed Rakoff to pay 1.82 percent of the sale cost of every Nintendo 3DS and 3DS XL to Tomita Technologies International Ltd., which holds a patent for a glasses-less 3D display. The Judge ruled in December that Nintendo had in fact infringed on the company's patents.
In August a Judge ruled that Nintendo had to pay former Sony engineer Seijiro Tomita's company $15 Million in damages related to the patents.
Tomita will receive about $3.60 in royalties from every purchase. The 2DS, which does not use the 3D technology, will not be subject to the fee.