Guys... don't talk about something if you have no clue what's going to happen. All that will happen is Nintendo will make a payout (small for them, big for the small company), and it will never go to court.
The small company knows they can't win in court, since Nintendo would just keep lengthening the trial with rebuttles, and the small company could not afford the costs.
Nintendo also knows they want as little negative publicity as possible, and don't want a legal case made against them in court.
I guarantee you that if anything happens it will just be a payout made by Nintendo.