Nintendo has secured a major legal victory in Germany after a court ordered accessory maker BigBen Interactive to pay nearly €7 million in damages and related costs for patent infringement tied to the Wii Remote controller.
In a ruling dated October 30, 2025, the Mannheim Regional Court awarded Nintendo Co., Ltd. and Nintendo of Europe SE more than €4 million in damages, plus interest dating back to April 2018 and legal expenses. When interest and costs are included, the total payment obligation comes in just under €7 million. The court found that BigBen, now operating under the Nacon name, infringed European patent EP 1 854 518, which covers core aspects of the Wii Remote’s design and sensor technology.
The decision stands out within German patent law, where court led damage calculations are relatively uncommon and often resolved through settlement. In this case, the court accepted a lost profits calculation, a method that typically results in higher awards but requires plaintiffs to disclose sensitive business data. The ruling reinforces the position of patent holders who pursue this approach when seeking compensation.
A key aspect of the judgment was the court’s assumption that Nintendo would have captured all sales made by BigBen had the infringing products not been on the market. BigBen argued that customers might have turned to other third-party controllers instead, but the court rejected that claim. It concluded that competing products were also likely to infringe the same patent and ruled that hypothetical alternatives could not be used to reduce the damages owed by the infringer.
The court also clarified how costs factor into lost profits calculations. Overhead expenses that would have existed regardless of the additional sales were not deducted, with the judges noting that Nintendo’s existing production and distribution infrastructure could have supported the extra volume without incurring meaningful additional overhead.
The damages ruling brings an end to first instance proceedings that stretched on for more than 7 years, highlighting the lengthy nature of patent enforcement in Germany. The court noted that BigBen had contributed to delays, including the rejection of a court-appointed expert. Those delays ultimately increased the final amount owed, as interest accrued at a rate of 5 percentage points above the base interest rate, forming a significant portion of the total sum.
The case is the latest chapter in a dispute that began in 2010 and centers on technology behind the Wii Remote, including its ergonomic form and integrated camera and acceleration sensors. The Mannheim Regional Court first ruled in Nintendo’s favor on infringement in 2011, a decision later upheld in full by the Karlsruhe Higher Regional Court in 2017.
BigBen also challenged the validity of the patent through opposition proceedings at the European Patent Office and nullity actions before Germany’s Federal Patent Court. In both instances, higher appeal bodies ultimately restored the patent’s full scope of protection. Alongside the patent litigation, Nintendo also prevailed in related cases concerning registered Community designs for the Wii Remote, securing wins up to the Court of Justice of the European Union and Germany’s Federal Court of Justice.
BigBen has since appealed the latest damages ruling to the Karlsruhe Higher Regional Court. While the judgment is not yet final, it is provisionally enforceable provided that appropriate security is posted.
