Soundwave on 02 September 2015
If we take the patent as gospel, Nintendo has much larger problems than digital or physical.
Another Nintendo console with a touchscreen controller is not going to sell to anyone but the same 10-15 million Nintendo hardcore fanatics.
Giving Sony a three year head start with hundreds of games in its library by then and a price point of $299.99 most likely ... who realistically but Nintendo fans are going to be choosing the NX as their go to console? Even the XBox One by then will have a 20+ million unit headstart.
There better be a lot more to the console than the patent or they better hope the portable NX and smartphone games can carry the company (which I do think they can).
