Patent law can sometimes be tricky. A product might not exist anywhere on the market, but as soon as you create it someone claims they patented the idea years ago. Most consumers then scratch their head and ask “well if you owned this great idea, why didn’t you make it happen?” Nintendo is now running into just this sort of difficulty thanks to a John R. Martin of Illinois.

According to Mr. Martin he patented the touch screen and gaming concepts that the DS is utilizing to such great effect. According to Nintendo they only learned of the patent three years after the handheld was released in the USA. While it might be hard to envision a single individual winning out against the hordes of lawyers Nintendo can afford, if he wins the suit he could take home a sizeable sum given the success of the DS.