In this episode of the Patent Strategy Scorecard Podcast, host Samar Shah and co-hosts Ian Holloway and Bobby Walling break down Nintendo’s one‑of‑a‑kind approach to gaming, IP, and control—from the 1983 video game crash and lockout chips to the decision that helped create the Sony PlayStation.
We unpack how Nintendo:
Rose from the 1983 crash with lockout chips, strict cartridge rules, and App Store–style 30% cuts decades before Apple
Turned down the CD drive that became the original PlayStation, trading performance and scale for control and anti‑piracy
Built a beloved family and nostalgia brand (Mario, Donkey Kong, Zelda, Wii, Switch) that feels more like LEGO or Louis Vuitton than Microsoft
Enforces its IP aggressively: ROM sites, fan games, mods, Mario Maker troll levels, and the Game Genie case
Treats hardware, accessories, and even classic re‑releases (NES/SNES Classic) as scarce, high‑margin products
Files heavily in controllers, form factor, and UX design—not cutting‑edge graphics, engines, or cloud gaming
Risks ceding the high‑end handheld space to Valve’s Steam Deck by clinging to a niche, underpowered “social console” identity
The episode ends with our Nintendo scorecard: how well their IP strategy covers their base tech, differentiates them, benchmarks against Sony/Microsoft/Valve, and whether they’re structurally locked into being a beloved niche instead of the dominant platform they could have been.
00:00 Introduction and Episode Overview
02:05 Nintendo as a “Second Console”: Niche, Social, and Beloved
06:12 From the 1983 Crash to Lockout Chips and Cartridges
11:40 The CD Drive That Became PlayStation: Nintendo’s Sliding Doors Moment
17:25 Control vs. Opportunity: Cartridges, Anti‑Piracy, and Lost AAA Potential
22:48 Online, Streaming, and Mobile: Why Nintendo Moves Slow by Design
27:33 Brand, Nostalgia, and Santa Claus: Why Nintendo Feels Like LEGO (Not Microsoft)
32:10 NES/SNES Classic, Artificial Scarcity, and Luxury Brand Tactics
37:02 IP Enforcement: ROMs, Fan Games, Mods, and the Game Genie Fight
42:45 Patent Signals: Controllers, Design Patents, and a Niche Hardware Focus
47:58 Steam Deck, Switch, and the Handheld Power Gap
52:30 The Scorecard: Coverage, Differentiation, Benchmarking, Exclusion, Foresight
59:05 Counsel’s Take: What Nintendo Should File Next—and What They’re Leaving on the Table
1:02:40 Final Thoughts: Can Nintendo Ever Be More Than a Niche?
Chapter 1: From Crash to Control
How Nintendo emerged from the 1983 video game crash with a lockout chip–driven cartridge model, strict licensing, and App Store–style economics that reshaped the industry.
Chapter 2: The PlayStation That Got Away
The inside story of Nintendo’s CD‑drive project, why they walked away, and how that decision helped birth the Sony PlayStation—along with a whole missed era of 3D, cinematic, AAA Nintendo hardware.
Chapter 3: Control First, Performance Later (Maybe)
Why Nintendo consistently chooses platform control, profit margins, and family‑friendly curation over raw performance, online services, or broad third‑party ecosystems.
Chapter 4: Brand, Nostalgia, and Luxury Scarcity
Donkey Kong at ShowBiz Pizza, Nintendo Power, N64 flex stories, NES/SNES Classic scarcity—why Nintendo behaves like a luxury / niche brand, and how that clashes with the economics of electronics.
Chapter 5: IP Enforcement as Identity
ROM takedowns, fan game shutdowns, Mario Maker troll levels, mod chip litigation, and the Game Genie saga—how Nintendo’s legal posture mirrors its obsession with protecting a “pure” brand experience.
Chapter 6: Patents as a Window Into Strategy
A portfolio heavy on controllers, handheld form factors, and design patents, light on engines, cloud, and bleeding‑edge hardware—what that says about Nintendo’s ambitions (and blind spots).
Chapter 7: Competitive Benchmarks & the Steam Deck Problem
How Nintendo’s disciplined, high‑allowance filing compares with Sony, Microsoft, and Valve, and why ceding the powerful handheld space to Steam Deck may be the next big missed opportunity.
Chapter 8: The Scorecard & Nintendo’s Future
Our graded scorecard on coverage, differentiation, benchmarking, exclusion power, and strategic foresight—plus the big question: Should Nintendo stay niche, or finally play for the top spot?
