Mario maker to pay Seijiro Tomita half of what he was originally awarded in patent lawsuit; Nintendo plans to appeal.

Nintendo must pay $15.1 million to a former Sony inventor who claimed the company's 3DS infringed on his technology patent, according to a new Bloomberg report.

The $15.1 million is half of the $30.2 million Tomita was awarded when he won his lawsuit against Nintendo in March.

He was given the option this week of accepting the $15.1 million or starting a new trial where he could have lost it all.

Nintendo senior director of corporate communications Charlie Scibetta said the company will appeal the jury's verdict, though no timetable was given for when this may happen.

Tomita's legal representation told jurors during the case that his client showed a prototype of his technology to seven Nintendo officials at the 2003 meeting, four of which would go on to assist in the creation of the 3DS.

Nintendo attorney Scott Lindvall argued that the suit was without merit, claiming the 3DS does not use key aspects of Tomita's patent. He further argued Tomita's 2003 meeting with Nintendo was merely one of many the Mario maker had with merchants selling 3D technology.

Tomita originally sued Nintendo in 2011. He claimed last month that he was entitled to $9.80 for every 3DS sold, meaning the $30.2 million in compensatory damages are just a fraction of what he could be been awarded.

Nintendo has sold nearly 32.5 million 3DS units to date.

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