
The 3DS is set to become Nintendo’s most successful handheld yet, with its ability to produce 3D visuals without the need for clunky glasses. What’s great about the system is that it has a switch to turn the 3D effect off. Unfortunately, Nintendo is allowing developers to ship 3DS games that don’t have 3D visuals whatsoever, a decision that will come to haunt the company after launch.

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.
I think that what Nintendo is doing makes perfect sense. 3D is probably more expensive to make, and forcing this extra time and money on potential developers for the system would hurt Nintendo even more. Besides, no 3D gives devs a chance to make the graphics even better than what we've seen so far.
3D is marginally more expensive to implement. There's no reason for Nintendo to not to make it mandatory. Think about it.
"Hey, how come some of my 3DS games aren't in 3D?"
The games are going to cost upwards of $50. They should be using the platform's primary selling point. Ne excuses.
I think Nintendo did the right choice no to make it mandatory. I mean look if they did that then indie devs probably dont have the resource to do it. I highly doubt it would hurt Nintendo