Spec-less 3D, the kind used on the 3DS screen, was patented by Tomita Technologies back in 2003. Tomita are now attempting to sue Nintendo over the alleged breach of copyright. According to the complaint: “Nintendo’s America’s infringement of the ‘664 patent has been, and continues to be, willful.” No precise financial details were included but Tomita claim they have suffered damages “in an amount not yet determined” and are taking things to the courts. This is not the first time Nintendo have been sued over successful tech, they have previously been sued over everything from motion detection technology to controller ports.
Thanks to CVG for the info.