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Cake day: June 13th, 2023

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  • Assuming that these patents are all granted, courts will generally treat them as though they are valid and enforceable. However, the bar for getting a patent is generally rather difficult, so it could be the case that none of these patent prosecutions are successful at all. If they get these patents, all Nintendo would have to do is file an infringement against allegedly infringing parties, and then the onus is almost entirely on the responding party to prove either that they did not violate the patent, or that the patent was invalid in the first place. Nintendo loses almost nothing in trying to enforce a patent, and has plenty to gain from the chilling effect that prolonged litigation could have.