The Big N's first party has always been strong, but that third party could use some improvement.

The rejection is non-final (and even when such rejections are labeled as “final”, the process is far from over, given that there can be, at minimum, an appeal to the Federal Circuit).
Good, as they should! A game mechanic like that shouldn't be locked behind a patent, and Nintendo didn't invent it either.
Nintendo wants to keep wasting money on bullshit lawsuits, real smart in this economy. They should put that money aside for other game projects. On the other hand, I don't care if they waste it all either, and they are screwed in the future maybe that will teach them a lesson.

Nintendo completed its share repurchase and set its secondary offering price at 8,347 yen ahead of March 16 delivery.

Nintendo filed a lawsuit in the United States Court of International Trade.
Nintendo of America is suing the United States government over the sweeping tariffs President Donald Trump put in place last year, according to a complaint filed Friday in the U.S. Court of International Trade and obtained by Aftermath.
LOL I read this on gaff, will they refund the money back to the gamers? highly unlikely. Didn't they just raise prices and pass it onto the gamers? Only Nintendo would send out the Ninjas to the US government.
Nintendo's stuck in the middle of a vicious Catch-22 right now as far as the AAA third parties are concerned.
The AAA's want their multiplatform ports to sell better on the Wii U before they'll devote more time and energy to releasing games on it, but the consumers they want to see buying those games, who own the system, don't want to buy their AAA multiplatform ports [which is practically all they've made] because the majority of those ports are basically crappier versions of the same games on other systems.
The AAA third parties refuse to do anything to make their ports more desirable to the Wii U consumer base[which could easily be done with the right exclusive content; imagine a map in a multiplayer shooter that used Mario's warp pipes as strategic entry and exit points all around the map, alongside a pack of guns based off of the various Beams from the Metroid series, as a cheap DLC pack. THAT, would sell copies], and they refuse to make new games that would do a better job of catching attention.
Then they blame it on Nintendo's console specs[despite other developers making great games regardless of the tech inside], on the fanbase of the console not liking "those types of games",[despite the fact that many people in the Wii generation went multiplatform and have played and liked "those types of games" plenty of times], on the sales of the console[which are now picking up], and on plenty of other things.
Basically everything except their own methods used when developing these inferior ports is put under fire and demonized for their lack of profits on the Wii U.[they had a year of no AAA first party games to content with when the system launched; why didn't they do anything original? Why only PORTS that were destined to sell badly?]
Nintendo's got a lot of work to do with making the system sell better, but even if it DOES start picking up in sales, the AAA third parties aren't going to make money off of the system.
Not until they change how they approach the userbase on it.
No more inferior ports would be a great start.
Third party avoid Nintendo because with the Sony and Microsoft console they always have the bigger sales, halo is not competing with Grand Theft, Uncharted is not competing with Grand Theft, now Mario Kart Wii on the other hand 35 million sales with a 100 million consoles.....while Grand Theft 32 million with 164 million consoles (Xbox 360 + PS3)......if you look at Sony financials/reported sales in the past or any sales website, you will see only one game out of PS1, PS2, & PS3 sold over 10 million and it was Gran Turismo....out of all their first party only 1 game sold over 10 million......so it shows none of the people on this website or around the world care for Sony, all it means is that most of them just use the console for 3rd parties..so in a way no one have no brand loyalty like me, but for some reason you may hear people say they a sony fan or xbox fan......but yeah, this is why they love Sony and Microsoft.....because 3rd parties have no competition, while Nintendo is too much competition.......look at it like this once playstation and xbox came out......3rd parties were happy they did not have to compete with Nintendo no more......they (nintendo) are like a character in a game with full stats and unlimited energy, you cannot take them down sales wise.....and they want to make money, its a business and people have bills
I bought my Wii-U for first party Nintendo games, I didn't buy it to play the newest CoD or Assassins Creed.
I have the 360/PS3/PS4 for third-party games.
So the lack of third party games doesn't bother me.