With the Nintendo’s 3DS and 3DS XL being their strongest selling console, the company has to come to terms with sharing a percentage of each sale with another company according to engadget.

In December 2013 Nintendo was told it must pay 1.82 percent of the wholesale price of each 3DS sold after the company was found guilty of infringing a patent on the camera technology owned by Tomita Technologies.

Nintendo has already paid a $15 million damages award, but faces handing over up to $3 for every 3DS unit sold while demand is still strong. With the Nintendo Wii U being a sore point in sales this is just another kick to the company.